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Hudud-Punishments

Summary:


From the executive summary of a letter by a large number of Islamic scholars to ISIS intended to condemn their practices as 'un-Islamic': "16- It is forbidden in Islam to enact legal punishments (hudud) without following the correct procedures that ensure justice and mercy." As Robert Spencer says, "This one is noteworthy, for by it....all these scholars affirm that hudud punishments — stoning for adultery, amputation for theft, death for leaving Islam, etc. — can be enacted as long as one is following the correct procedures."

Robert Spencer:  https://counterjihadreport.com/tag/letter-to-baghdadi/

Letter: http://www.crethiplethi.com/files/cp_0113.pdf

Islam is more than a religion, it encompasses faith, culture, law and the social order. Islam proposes a society of righteousness and justice. Criminal behaviour is not tolerated in the Islamic order of society. Criminal behaviour is breach of God’s sovereignty, hence stiffer penalties are prescribed. This paper examines hudud punishments in Islamic penal system, and agitates for the reformation of Islamic criminal jurisprudence. While it is reasonable to punish offenders, and violators of normative principles, it is the opinion of this paper that punishments that are prescribed in municipal penal code should at least conform to international criminal jurisprudence.

....

Civil liberties like freedom of thought, conscience and religion, and religious liberties are criminal offenses punishable under Hudud crimes in Islam. Criminal procedure under shariah does not allow cross-examination of witness, or rebuttal testimony by the accused. The rules of evidence in Islamic criminal law exclude all men who lack credibility, and integrity in society (non-adl).  Women and non-Muslims are not allowed to testify. There is no provision for jury trial, or appeals.

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&cad=rja&uact=8&ved=0ahUKEwjEye_33sXPAhUZM8AKHbsoAKMQFghBMAY&url=http%3A%2F%2Feujournal.org%2Findex.php%2Fesj%2Farticle%2Fdownload%2F3405%2F3169&usg=AFQjCNEBsQ-gKPnTgDEwUc8L0LHHocmV6Q&sig2=DQ6J6K-ZppojK2bLLaXWEg

  • ECHR Ruling Relating to Sharia Law 2003

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    Author(s):

    Summary: 

    Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

    Noting that the Welfare Party had pledged to set up a regime based on sharia law, the Court found that sharia was incompatible with the fundamental principles of democracy as set forth in the Convention. It considered that “sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it”. According to the Court, it was difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverged from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervened in all spheres of private and public life in accordance with religious precepts.

  • ECHR Ruling: 

    "sharia law is incompatible with democracy and human rights"

    Source: 

    Annual Report 2003 of the European Court of Human Rights

    Council of Europe

  • Country: 
    Abu Dhabi
    News Date: 
    29/07/2009
    Summary: 

    A Saudi Arabian woman charged with having an affair retracted her guilty plea yesterday after the judge warned that under Islamic law, she would be sentenced to death by stoning. The woman, RM, was charged with adultery and justification of sin - claiming that a sin is acceptable - in a case brought by her father at Abu Dhabi's Criminal Court of First Instance. Her co-defendant, an Emirati man, SM, faces the same charges, but he was not in court.

  • Country: 
    United Arab Emirates (the)
    News Date: 
    12/06/2006
    Summary: 

    A foreign national in the Emirate of Fujairah has been sentenced to death by stoning by a Shari'a (Islamic) court. Shahin 'Abdul Rahman, whose nationality is not known to Amnesty International, received the sentence on 10 June 2006 for committing adultery after he was allegedly found naked in bed with Asma Bikham Bijam, a domestic worker.

  • Country: 
    United Kingdom (UK)
    News Date: 
    19/11/2009
    Summary: 

    Sadly, the turn out in Hyde Park will probably be quite small. This is odd. Most liberals and leftwingers would protest loud and strong if these persecutions were perpetrated by a western regime or by Christian fundamentalists. But they get squeamish when it comes to challenging human rights abuses committed in the name of Islam. They fear being denouned as Islamophobic.

  • Country: 
    Indonesia
    News Date: 
    29/10/2018
    Summary: 
    • The 21-year-old was forced to kneel and lashed in front of crowds before being hauled off the platform
    • Her boyfriend was also whipped with the bamboo stick as he stood before fellow citizens of Banda Aceh 
    • The city is in Aceh, which is the sole province where Islamic law is fully enforced
    • Indonesia has the world's largest Muslim population with around 225 million believers
  • Country: 
    Saudi Arabia
    News Date: 
    27/11/2015
    Summary: 

    The married 45-year-old was working as a maid in Riyadh and was convicted of adultry in August but her partner was given a lesser punishment

  • Summary: 

    On Sunday, January 2, 2011, Sheikh Yusuf Al-Qaradawi, president of the International Union for Muslim Scholars (IUMS), was interviewed by Al Jazeera channel program Ash-Shari`ah wa Al-Hayah (Shari`ah and Life). The interview’s main theme was “Hudud in Contemporary Fiqh.”

    From time to time, the question of hudud (fixed penalties in the Islamic Shari`ah) and their application in the modern world raises debates in Muslim and non-Muslim societies. While mainstream Muslims regard the right application of hududas an integral part of Shari`ah, others see it as a controversial issue that should be open to ijtihad (personal reasoning) on the part of contemporary scholars.

    Sheikh Qaradawi, who is known for his vast and deep knowledge of Shari`ah and its essential objectives, wonderfully and distinctively dealt with this thorny topic in his recent interview on Al Jazeera. In the following lines, the main points discussed during the interview are reviewed.

  • Summary: 

    Islam is more than a religion, it encompasses faith, culture, law and the social order. Islam proposes a society of righteousness and justice. Criminal behaviour is not tolerated in the Islamic order of society. Criminal behaviour is breach of God’s sovereignty, hence stiffer penalties are prescribed. This paper examines hudud punishments in Islamic penal system, and agitates for the reformation of Islamic criminal jurisprudence. While it is reasonable to punish offenders, and violators of normative principles, it is the opinion of this paper that punishments that are prescribed in municipal penal code should at least conform to international criminal jurisprudence.

    ...

    Criminal behaviour and actions are broadly divided into three categories in Islamic criminal jurisprudence. Hudud offenses are crimes against God whose punishment is clearly stipulated in the Quran and the Sunna. Quesas are physical assault and murder that are punishable through retaliation. The victim or the surviving heirs may decide to waive the punishment, and demand compensation (blood money or diyya). The victim may also decide to pardon the offender. Ta’zir punishments are not prescribed in the Quran or Sunna, and are executed under the discretionary powers of the judge. Capital offences in Islamic criminal justice system are called hudud (the plural for hadd) , meaning “restraint” or prohibition. These are offences that are specified in the Quran and Sunna. Hudud crimes are often seen as criminal behavior against Allah, or public justice. Islamic courts do not have any discretionary power in the execution of hudud penalties. Once a prima facie case is established with evidences, and the conditions for applying the punishments are fulfilled, the Islamic court is divested of discretionary powers.

  • Country: 
    United Kingdom (UK)
    News Date: 
    08/10/2018
    Summary: 

    Amazon has agreed to fund a hardline British charity whose leading ideologue supports child marriage, female genital mutilation and stoning people to death for adultery. Under its charitable programme, the internet giant will make donations to the London-based group whenever its supporters buy products. The Muslim Research and Development Foundation (MRDF) has been described by the government’s counter-extremism commissioner, Sara Khan, as “the main Salafist organisation in the UK”.

  • Summary: 

    Equally important is that the punishments which cause the greatest outcry -- flogging, stoning, etc -- come under the hudud laws, which are implemented in Saudi Arabia and were introduced by General Zia ul-Haq in Pakistan in 1979, but are the exception, not the rule, in most Muslim countries.

    They are, in fact, an embarrassment to the many Muslims who consider them barbaric. So when Ramadan called for a  on corporal punishment, stoning and the death penalty in the Islamic world in 2005, some non-Muslims criticised him for not going further. Why didn't he say the hudud laws should just be discarded or repealed?

    He explained this by pointing out that most of the authorities "are of the opinion that these penalties are on the whole Islamic [because of textual references] but that the conditions under which they should be implemented are nearly impossible to re-establish. These penalties, therefore, are 'almost never applicable'." He later declared that "Islam is being used to degrade and subjugate women and men in certain Muslim-majority societies in the midst of collusive silence and chaotic judicial opinions on the ground". The present-day use of hudud, therefore, is clearly a misuse of sharia.

    This article discusses the conditions required:

    Possibility of Applying Hudud Today

    It is supposed that when the elements of a crime are complete, hudud should be applied. However, if these elements are not present, then ta`zeer should be applied. Ta`zeer is to be applied by the authority of the imam or judge. Applying hudud is the right of the state. Consequently, no group in any place has the right to apply hudud to a group of people away from the authority of the state.

    Hudud may be suspended until there is an Islamic life comprehensively established, with all conditions guaranteed. If these conditions are met in a certain case, hudud must be applied.

  • Country: 
    Kenya
    News Date: 
    27/09/2018
    Summary: 

    An Islamist mob stoned three Christians to death in western Kenya this week in apparent retaliation for the recent killing of three suspected al Shabaab militants.

  • Summary: 

    Stoning, a form of execution where a group throws stones at a person until they are dead, still happens in parts of the Muslim world, mostly as a punishment for adultery. Most victims are women. Stoning, which is not mentioned in the Koran, violates international law. Below is a list of countries where stoning is legal and/or practised.

  • Country: 
    United Arab Emirates (the)
    News Date: 
    14/04/2007
    Summary: 

    A Pakistani man faces death by stoning in the United Arab Emirates for committing adultery with four of his stepdaughters, a local daily reported.

  • Country: 
    Nigeria
    News Date: 
    18/03/2011
    Summary: 

    In October 2001, an Islamic court found Hussaini guilty of adultery and under sharia, or Islamic law, sentenced her to be stoned to death while buried up to her waist in sand. In interviews with Western journalists in recent days, some Muslim clerics in the region have carefully explained that Hussaini would be buried in a pit to prevent her escape and that the size of the stones could be a big as an adult fist.

  • Country: 
    Iran (Islamic Republic of)
    News Date: 
    13/01/2009
    Summary: 

    Two men convicted of adultery have been stoned to death in Iran, a rare punishment that the Iranian judiciary says it is trying to have scrapped.

  • Country: 
    Malaysia
    News Date: 
    03/09/2018
    Summary: 

    Two Malaysian Muslim women convicted under Islamic laws of attempting to have sexual relations were caned Monday in a rare public whipping that was slammed by rights activists as a grave miscarriage of justice. Lawyers and activists said the women, aged 22 and 32, were seated on stools facing the judges and given six strokes from a light rattan cane on their backs by female prison officers. More than 100 people witnessed the caning in a Shariah courtroom in northeast Terengganu state, they said.

  • Country: 
    Somalia
    News Date: 
    04/11/2008
    Summary: 

    A young woman recently stoned to death in Somalia first pleaded for her life, a witness has told the BBC. "Don't kill me, don't kill me," she said, according to the man who wanted to remain anonymous. A few minutes later, more than 50 men threw stones. Human rights group Amnesty International says the victim was a 13-year-old girl who had been raped.

  • Summary: 

    From very early on, Sharia judges utilized a “near endless list of ambiguities” that functioned as an “escape hatch” from corporal punishment. Even in the few Muslim majority nations where Hudud sentences are still applied (e.g., Nigeria, Sudan, Iran, and Saudi Arabia), they are infrequently carried out:

    Between 1981 and 1992, there were four executions by stoning in Saudi Arabia and forty-five amputations for theft. In a one-year sample (1982-83), out of 4,925 convictions for theft, only two hands were cut off. The rest of the guilty were punished by taʿzīr [discretionary sentencing applicable to lesser crimes]. In the same time period, out of 659 convictions for Hudud-level sexual crimes, no one was stoned. Many death sentences are the result of political punishments, not the Hudud. In Nigeria’s northern states, all of which have adopted Shariah-based legal codes, a few amputations for theft have taken place. There have been at least two sentences to death for adultery, but in all cases so far ambiguities were found to release the guilty party.

    Admin: Four executions by stoning and 45 amputations in a decade seems to be an acceptable price to pay for liberals to try and exculpate sharia. This article also erroneously implies sharia only appiies to Muslims when the manual of sharia clearly states that, with a few exceptions, it does apply to non-Muslims. The article also ignore the many people slaughtered by sharia vigilantes for 'blasphemy', insulting Islam etc.

  • Country: 
    Bangladesh
    News Date: 
    29/03/2011
    Summary: 

    Hena Akhter's last words to her mother proclaimed her innocence. But it was too late to save the 14-year-old girl. Her fellow villagers in Bangladesh's Shariatpur district had already passed harsh judgment on her. Guilty, they said, of having an affair with a married man. The imam from the local mosque ordered the fatwa, or religious ruling, and the punishment: 101 lashes delivered swiftly, deliberately in public.

    Hena dropped after 70.

  • Country: 
    Canada
    News Date: 
    01/05/2018
    Summary: 

    Muslim children in a mosque in Canada practicing beheading of infidels In a shocking video which went viral on social media. Canada may be the first Western country to adopt blasphemy law and to criminalize criticism of Islam. Justin Trudeau is most vocal Western leaders against Islamophobia which means fear of Islam. The Canadian prime minister wants to ban not only criticism of Islam but to persecute people who are afraid of Islam. Freedom of expression is a fundamental right in a democratic state and should be protected in Canada. Freedom of speech should not be

  • Country: 
    Pakistan
    News Date: 
    26/04/2018
    Summary: 

     Normally, people kill girls if they are born out of wedlock as this is consider a stigma. However if the baby is a boy the family try to protect him. “We have seen so many horrible incidents. One such incident which still I remember despite passage of more than a decade is the stoning of a new born baby who was found outside mosque”, says Mr. Kazmi. “A few people found a baby at the door step of a mosque in Karachi and they handed the baby over to the prayer leader. The cleric decried that this is an illegitimate baby therefore he should be stoned.

  • Country: 
    Indonesia
    News Date: 
    05/03/2018
    Summary: 

    Two Indonesian Christians were publicly  last week after violating the country’s increasing adoption of Sharia Law. The two men, Dahlan Silitonga, 61 and Tjia Nyuk Hwa, 45, received six and seven beatings with a rattan stick from a man wearing a robe and headscarf. Around 300 spectators, including groups of tourists from Malaysia, reportedly took ph

  • Summary: 

    “It’s culture, not religion” is a phrase often used to explain away problematic practices common in Muslim countries and communities. Sharia is Islamic law that has influenced societies with different languages, cultures, histories, and interpretations of Islam. In the face of a worrisome incident, many Muslims believe that Islam has been misinterpreted, while others believe it agreeable to Islamic teachings. Is it accurate to say that the negative aspects of Sharia are not based on Islamic teachings, that the negative influences are primarily external to religion?

    To answer this truthfully, one must go to the Islamic religious texts. Sharia is derived primarily from the Quran and hadith. The Quran is the holy book of Islam, believed to be the literal word of God. It is believed to have passed verbally from the angel Jibril (Gabriel) to Muhammad, the prophet of Islam, who then relayed it to his followers over the course of two decades. It is the ultimate authority in Islam, traditionally believed to be a guidance for all times. A hadith is a report that describes the actions of Muhammad and his followers. They are important in understanding the Quran as they supplement many of its verses, and have played an essential role in the development of Islamic jurisprudence. The hadith are second only to the Quran.

    The importance of hadith is in its practical application. For example, the Quran instructs Muslims to pray, but does not clearly specify how or how often. The Hadith gives instruction on not only how to pray, but clarifies that Muslims must pray five times a day. Individual hadith are classified as (1) sahih (“authentic”), which is the highest classification, (2) hasan (“good”) or (3) da’if (“weak”). The classifications are based on how credible the hadith collectors found the chain of narration, tracing the chain to the originator of the content of the report. Unless otherwise stated, all of the hadith we use for this article are sahih hadith. Still, one should spend a moment deliberating that all of the hadith, including those classified as weak, are from Muslim sources, favored towards Islam. Finally, this article also looks at tafsir (the exegesis of the Quran) to provide more context to certain verses.

    We will look at verses from the Quran and hadith on four subject areas: women’s testimony, torture, slavery, and jizya, the special tax required from non-Muslims. This article is by no means a comprehensive list of controversial topics related to Islam, but it is meant to provide a basis of understanding some influential writings in authoritative Islamic sources regarding these topics.

  • Country: 
    Indonesia
    News Date: 
    14/07/2017
    Summary: 

    In an interview with the local media, Vice Governor Nova Iriansyah said that because of the international attention on public whippings: “We will minimalize press coverage and conduct it inside prisons. Right now it’s in front of the mosque, right after Friday prayers.”

  • Country: 
    Indonesia
    News Date: 
    20/03/2017
    Summary: 

    A WOMAN was caned during a public flogging by a "Sharia law enforcer"- for spending time with a man who was not her husband.

  • Country: 
    Indonesia
    News Date: 
    10/02/2017
    Summary: 

    The poor woman can be heard screaming in agony as she is beaten by a masked man while a cheering crowd watch on. A large number of men and women can be seen watching on while filming the despicable act on their phones. The masked man teases the crowd by cruelly moving the wooden cane close to his victim’s back, as the audience whoop and cheer.

  • Country: 
    Nigeria
    News Date: 
    24/03/2004
    Summary: 

    A Nigerian Islamic sharia court on Wednesday postponed for almost a month the appeal of a young couple who were sentenced to be stoned to death.

  • Country: 
    Nigeria
    News Date: 
    17/02/2004
    Summary: 

    HRW:

  • Country: 
    Nigeria
    News Date: 
    20/05/2002
    Summary: 

    Religious and ethnic clashes have cost thousands of lives in Nigeria in the past two years and the restoration of strict Islamic law in 12 of Nigeria's 36 states has sparked bloody riots between Christians and Muslims. Now with more harsh Sharia punishments pending, including stoning, whipping, amputation and execution, and the prospect of Sharia being extended to at least one state in the predominantly Christian south, the issue might tear the country apart.

    ...

  • Country: 
    Nigeria
    News Date: 
    20/08/2002
    Summary: 

    An Islamic court in Nigeria yesterday upheld a sentence of death by stoning for a woman accused of adultery. The case is the latest in a series of sentences passed under sharia law - a set of religious laws adopted over the past two years in northern regions of Nigeria, which have predominantly Muslim inhabitants.

    ....

  • Country: 
    Sudan (the)
    News Date: 
    14/07/2015
    Summary: 

    Rights groups say arrest of Christians is further evidence of routine discrimination against non-Muslims, frequently punished for ‘indecent dress’

  • Country: 
    Indonesia
    News Date: 
    19/01/2018
    Summary: 

    An Indonesian Christian was publicly flogged on Friday (Jan 19) for selling alcohol in conservative Aceh province, a violation of Islamic law, as a crowd of onlookers including children jeered.
     

    See also:  

  • Country: 
    Somalia
    News Date: 
    22/11/2008
    Summary: 

    AISHA Ibrahim Duhulow was 13 years old when she was buried up to her neck in the Somali port city of Kismayu on Oct 27 and stoned to death by 50 men belonging to the Islamic group Al Shahab. A truckload of stones was brought to the field where this murder took place. When a few members of the thousand-strong spectators tried to save the girl, Al Shahab gunmen opened fire, accidentally shooting a little boy. It did not take long to kill Aisha. She had been accused of fornication, although according to her bereft father, she had gone to complain of being raped by three men.

  • A particularly sicken video from Afghanistan of sharia in action. Be warned it is very unpleasant: Click on twitter link to see video.

  • Summary: 

    On the issue of blasphemy, there are no real differences of opinion between various sects of Islam - whether between Barelvi and Deobandi sects of Sunni Islam, or between Shi'ites and Sunnis - though for reasons of expediency, some of them may differ on a certain case. Much like Mumtaz Qadri, the Shi'ite clerics in Pakistan have also opposed any likely reforms in Pakistan's blasphemy laws. On December 16, 2010, a group of Shi'ite scholars told their followers in Karachi that the Pakistani government cannot amend the blasphemy laws. A media report quoted Shi'ite cleric Maulana Shahanshah Hussain as telling the crowd: "Muslims in Pakistan will not accept any amendments to the blasphemy law."

  • Summary: 

    Nonetheless, Khan believes that doing away with the laws would only lead to more violence. ‘I would never get rid of blasphemy legislation,’ he said. ‘You know why? Because I would open the way for lynching mobs. If you accuse anyone of blasphemy, the other person has a right to prove that he’s innocent. But if you take that out, you will have, in villages, some mullah from a mosque instigating people.

    ‘It’s happened to us. In Chitral [a district of Khyber Pakhtunkhwa], suddenly [at] this one mosque, this guy claimed that someone had committed blasphemy and he riled the crowd up, and they were going to lynch him and the police saved him. So I think that it is a form of protection for people.’

  • Country: 
    Indonesia
    News Date: 
    17/11/2017
    Summary: 

    She was one of 10 people beaten in a share in Jantho, Aceh Besar Regency in Indonesia. The public Sharia beatings took place today in front of smiling guards. Photos show the woman being dragged to a stage to a hooded "executor" who then proceeds to beat the "adultery". Alongside the executor with the cane, another official is seen with a microphone.

    ...

  • Summary: 

    Many critics of Islam agree with him, that Islam could not have survived after the death of the prophet Mohammed if it were not for the killing, torturing, beheading and burning alive of thousands of people -- making examples of them to others who might wish to venture outside Islam. From its inception until today, Islam has never considered this policy inappropriate, let alone immoral. In a recent poll, 84% of Egyptians agree with the death penalty for apostates; and we see no moderate Muslim movement against this law. That 1.2 billion Muslims appear comfortable with such a command sheds light on the nature of Islam.

    The main concern of Muslim citizens in any Islamic state is staying safe, alive and away from being accused of doing or saying anything against Islamic teachings. In such an atmosphere of fear and distrust, harm can come not only from the government, but from friends, neighbors and even family members, who are protected from prosecution for killing anyone they regard as an apostate.

    It is not a coincidence that Muslim countries have the highest rate of illiteracy and that they lack education: in an Islamic culture that criminalizes not only apostasy, but also asking questions or doubting, ignorance is a virtue that protects you.

  • This letter is intended as a template for people to use to make their views known to HardCash Productions at re: their upcoming programme(9th Nov on ITV) which, from ,  appears intent on labelling AMW and those who support her as 'far-right' for having concerns about Islam-sharia. I hope people will use this opportunity to make their views known to HardCash Productions and later Ofcom if the programme fails to present the reasons behind our concerns. Note this initiative hasn't been inspired by AMW in any way.

  • Country: 
    Somalia
    News Date: 
    27/10/2017
    Summary: 

     Islamist group  has publicly  a woman to death in a town in the south for 

  • Country: 
    Egypt
    News Date: 
    16/10/2017
    Summary: 
    • ISIS pictures shows an alleged thief having his hand chopped off
    • They come from a video released by ISIS's Egyptian faction; Wilyat Sinai
    • The man is held down and an executioner cuts it off with a meat cleaver

    •  
  • Country: 
    Indonesia
    News Date: 
    23/05/2017
    Summary: 
    • Men aged 20 and 23 given 85 lashes each for having gay sex in Indonesia 
    • This is the first time lashes have been given for homosexuality in Aceh province
    • Aceh is the only place in Indonesia where gay sex is outlawed under Sharia law
    • Pair were caught back in March when vigilante group burst into their home

    •  
  • Summary: 

    Nissar Hussain is a former Muslim. Since converting to Christianity, he's experienced 16 years of abuse.

  • PEW Foundation - Majority of Muslims Want Sharia

  • Country: 
    United Kingdom (UK)
    News Date: 
    16/06/2016
    Summary: 

    Muslims living in Luton in the United Kingdom were told during Ramadan last year that it was their Islamic “duty” to throw homosexuals from a “high building,” a jury at the Old Bailey has heard.

  • Country: 
    Indonesia
    News Date: 
    14/09/2017
    Summary: 

    A crowd gathers to watch a woman receive 100 lashes after being convicted of adultery.

    Admin: There have been reports that she later required hospital treatment.

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