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Encyclopedia > Hudud

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Islamic Jurisprudence

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Hudud ( Arabic حدود, also transliterated hadud, hudood; plural for hadd, حد, limit, or restriction) is the word often used in Islamic social and legal literature for the bounds of acceptable behaviour and the punishments for serious crimes. This is a sub-article of fiqh and Law and economics. ... Islamic politics is the profession of Muslim politicians. ... This is a sub-article to Islamic jurisprudence and Marriage. ... Islamic criminal jurisprudence is the Islamic criminal law. ... Tazir is punishment to make people do not repeat that mistake, so never inflict death ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Blasphemy in Islam constitutes speaking ill of Muhammad, of any other prophet mentioned in the Quran, or of any Biblical prophets. ... Zina (زنا) is an Arabic term for Extramarital sex. ... Hirabah is the Arabic word for “piracy”, or “unlawful warfare”. Hirabah comes from the root hariba, which means “to become angry and enraged”. The noun harb (pl. ... Rajm is an Arabic term that means to stone. ... This page is a candidate to be copied to Wiktionary. ... Blood money is money paid as a fine to the next of kin of somebody who was killed intentionally (in Arabic: Qisas قصاص) or unintentionally (in Arabic: Diyat or Diyya ديت). Islam has not prescribed any specific amount for Diyat nor has it obligated to discriminate in this matter between a man... This is a sub-article to Islamic jurisprudence and etiquette. ... Islamic theological jurisprudence is the filed of Islamic jurisprudence specialized in theological issues. ... This is a sub-article to fiqh and Hygiene Hygiene in Islam is a prominent topic but one which non-Muslims are not very familiar with. ...


In legal terms (Islamic law being usually referred to as Sharia, شريعة) the term is used the term is used to describe the fixed punishments for certain crimes considered to be "claims of God": Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ...

  • Drinking alcohol (sharb al-khamr)
  • Theft (sirqa)
  • Highway robbery (qat' al-tariq)
  • Illegal sexual intercourse (zina')
  • False accusation of fornication (qadhf)

The punishments can vary according to the status of the offender - Muslims generally receive harsher punishments than non-Muslims, free people receive harsher punishments than slaves, and in the case of zina', married people receive harsher punishments than unmarried.


There are minor differences in views between the four major Sunni madhhabs about sentencing and specifications for these laws. It is often argued that, since Sharia is God's law and states certain punishments for each crime, they are immutable. However, with liberal movements in Islam expressing concerns about hadith validity, a major component of how Islamic law is created, questions have arisen about administering certain punishments. Incompatibilities with human rights in the way Islamic law is practised in many countries has led Tariq Ramadan to call for an international moratorium on the punishments of hudud laws until greater scholarly consensus can be reached[1]. Sunni Muslims are the largest denomination of Islam. ... Madhhab (Arabic مذهب pl. ... In modern times there have been a number of liberal movements within Islam (sometimes called in Arabic: الإسلام الإجتهادية or interpretation-based Islam, also الإسلام الم&#1578... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Tariq Said Ramadan (born 26 August 1962 in Geneva, Switzerland) is a Francophone Swiss Muslim academic and scholar. ...


It has also been argued, that the Hudud portion of Sharia is incompatible with humanist or Western understanding of human rights. For example a Washington Times editorial called Pakistan's Hudood ordinance: This article or section does not cite its references or sources. ... The Hudood Ordinance is a law in Pakistan, which enforces punishments mentioned in the Quran and sunnah for crimes such as adultery, rape and theft. ...

a set of laws passed in 1979 in response to pressure from hardline Islamic political groups that odiously punished rape victims while making it difficult to convict the perpetrators. [1]

Contents

Requirements for the Hudud to be applied

Adultery

The punishment of adulterers under Islamic law is stoning. It is not mentioned in the Qur'an but "derives its authority from hadith literature references which are imputed by many," according to Kemal A. Faruki.[2] There are certain standards for proof that must be met in Islamic law for this punishment to apply. In the Shafii, Hanbali, Hanafi and the Shia law schools the stoning is imposed for the married adulterer and his partner only if the crime is proven either by four male adult eye witnessing the actual sexual intercourse at the same time or by self confession. In Maliki law school, however, the evidence of pregnancy also constitutes a sufficient proof.[3] Scholars such as Fazel Lankarani and Ayatollah Sanei hold that stoning penalty is imposed only if adulterer have had sexual access to his or her mate.[4][5] Ayatollah Shirazi states that the proof for adultery is very hard to be established since nobody does adultery in public unless the person is irreverent.[6] For the establishment of adulery, four witnesses "must have seen the act in its most intimate details, i.e. the penetration (like “a stick disappearing in a kohl container,” as the fiqh books specify). If their testimonies do not satisfy the requirements, they can be sentenced to eighty lashes for unfounded accusation of fornication." [7] This article or section is not written in the formal tone expected of an encyclopedia article. ... Sharia (Arabic شريعة also Sharia, Shariah or Syariah) is traditional Islamic law. ... Grand Ayatollah Muhammad Fazel Lankarani (born 1931 in Qom, Iran) is the son of the late Ayatollah Fazel Lankarani and was a student of Grand Ayatollah Borujerdi. ... Ayatollah al-Udhma Yousof al-Sanei is an Iranian reformist Ayatollah and a Grand Marja of Shia Islam. ... Ayatollah al-Udhma Shirazi Ayatollah Al-udhma Haj Sayyed Abdullah al-Shirazi (Feb 25, 1892 – September 29, 1984) was a Grand Ayatollah of Shia Islam. ...

Sodomy

Homosexuality is forbidden by the Qur'an, notably in the story of Lot found in verses 7:80-84 [citation needed].


Theft

Commenting on this verse, Yusuf Ali says that most Islamic jurists believe that "petty thefts are exempt from this punishment" and that "only one hand should be cut off for the first theft."[8] Maududi also agrees that petty theft is exempt, although he admits that jurists disagree as to the exact dividing line.[9] In Shi'a law, the penalty for the first theft is interpreted as the severing of the four fingers of the right hand based on hadith authentic to them,[10] and this penalty will be applied only if the thief is adult, sane, has stolen from a secure place, was not under compulsion or misery, and does not repent before the crime is proved, among other conditions.[11][12] Abdullah Yusuf Ali (1872-1952) was born in Bombay, India, to a wealthy merchant family. ... Sayyid Abul Ala Maududi (alternative spelling Syed; often referred to Maulana Maududi) was one of the most influential Muslim theologians of the 20th century and the founder of Jamaat-e-Islami (Islamic Party), an Islamist political party in Pakistan. ... Shiʻa Islam (Arabic شيعى follower; English has traditionally used Shiite) makes up the second largest sect of believers in Islam, constituting about 30%–35% of all Muslim. ...


The explanations given for the severity of punishments

John Esposito explains that some Muslims justify these punishments in general terms because they punish crimes that are "against God and a threat to the moral fabric of the Muslim community." He observes that Islamic law provides strict regulations regarding evidence in cases involving these crimes, and that false accusations are seriously punished.[13] Esposito also observes that Muslim reformers have argued that "these punishment were appropriate within the historical and social contexts in which they originated but are inappropriate today and that the underlying religious principles and values need to find new expression in modernizing societies."[14] Professor John Esposito John Louis Esposito (born 19 May 1940, Brooklyn, New York City) is a professor of International Affairs and Islamic Studies at Georgetown University. ...


William Montgomery Watt believes that "such penalties may have been suitable for the age in which Muhammad lived. However, as societies have since progressed and become more peaceful and ordered, they are not suitable any longer." Gerhard Endress, professor of Islamic Studies at Ruhr University, states that at the time of advent of Islam, several social reforms happened in which a new system of marriage and family, including legal restrictions such as restriction of the practice of polygamy, was built up. Endress says that "it was only by this provision (backed up by severe punishment for adultery), that the family, the core of any sedentary society could be placed on a firm footing." [15] William Montgomery Watt is a English Islamic scholar. ...


See above section on adultery for an examination of the requirement of proof of same. Hudud ( Arabic , also transliterated hadud, hudood; plural for hadd, , limit, or restriction) is the word often used in Islamic social and legal literature for the bounds of acceptable behaviour and the punishments for serious crimes. ...


Commenting on the verses related to amputation of the limbs of thieves, Maududi writes that "here and at other places the Qur'an merely declares that sodomy is such a heinous sin... that it is the duty of the Islamic State to eradicate this crime and... punish those who are guilty of it." [16] Theft (also known as stealing) is, in general, the wrongful taking of someone elses property without that persons willful consent. ...


There is a movement among some modern liberal Muslims to "re-interpret Islamic verses about ancient punishments," in the words of Professor Ali A. Mazrui. He states that the punishments laid down fourteen centuries ago "had to be truly severe enough to be a deterrent" in their day, but "since then God has taught us more about crime, its causes, the methods of its investigation, the limits of guilt, and the much wider range of possible punishments."[17]

See also: Criticism_of_the_Qur'an#Severe_punishments

Muslims believe that the Quran is the literal word of God as recited to Muhammad through the Angel Gabriel. ...

References

  1. ^ Tariq Ramadan discusses his call for a moratorium on Hadud
  2. ^ Faruki, Kemal A. (1983). Voices of Resurgent Islam (ed. John Esposito). Oxford University Press, 286. ISBN 0-19-503340-X. 
  3. ^ Buba Iman. Safiyatu's conviction untenable under sharia. Jenda: A Journal of Culture and African Women Studies, Vol. 1.2 (2001).
  4. ^ On Capital Punishments. Official website of Grand Ayatollah Fazel Lankarani.
  5. ^ Resaleye Touzih al-Masayel. Grand Ayatollah Saneyi.
  6. ^ Shamime Rahmat. Official website of Grand Ayatollah Shirazi.
  7. ^ Encyclopedia of Islam, Zina
  8. ^ Ali, Abdullah Yusuf (2004). The Meaning Of The Holy Qur'an (11th Edition). Amana Publications, 259. ISBN 1-59008-025-4. 
  9. ^ Sayyid Abul Ala Maududi (2000). The Meaning of the Qur'an, Volume 2. Islamic Publications, 451. 
  10. ^ Selection of Tafsir Nemooneh, Grand Ayatollah Makarim Shirazi, p. 28, volume 1, on verse 5:38
  11. ^ On Capital Punishments. Official website of Grand Ayatollah Fazel Lankarani.
  12. ^ Noor Malakoote Quran. Ayatollah Haj seyyed Muhammad Hussein Tehrani.
  13. ^ Esposito, John L. (2002). What Everyone Needs to Know About Islam. Oxford University Press, 150, 151. ISBN 0-19-515713-3. 
  14. ^ Esposito, John L. (2002). What Everyone Needs to Know About Islam. Oxford University Press, 151. ISBN 0-19-515713-3. 
  15. ^ Gerhard Endress, Islam: An Introduction to Islam, Columbia University Press, 1988, p.31
  16. ^ Sayyid Abul Ala Maududi (2000). The Meaning of the Qur'an, Volume 2. Islamic Publications, 48-52. 
  17. ^ Mazrui, Ali A.. Liberal Islam versus Moderate Islam: Elusive Moderation and the Siege Mentality. Retrieved on 2006-7-03.
  • Muhammad Ata Alsid Sidahmad, The Hudud: the seven specific crimes in Islamic criminal law and their mandatory punishments. ISBN 983-9303-00-7
  • Chris Horrie C. and Chippindale P. What Is Islam? Virgin Books, 2003. ISBN 0-7535-0827-3

See also

The Cairo Declaration of Human Rights in Islam (CDHRI) is a declaration of the member states of the Organization of the Islamic Conference, which affirms Sharia — Islamic law — as the sole source of human rights. ... There are very few or no other articles that link to this one. ... Tazir is punishment to make people do not repeat that mistake, so never inflict death ... General Zia announcing that Islamic laws would be enforced in the country On December 2, 1978, on the occasion of the first day of the Hijra calendar to enforce the Islamic system in Pakistan in a nationwide address, General Muhammad Zia-ul-Haq accused politicians of exploiting the name of...

External links


  Results from FactBites:
 
Welcome to HAKAM statements & articles (2578 words)
Hudud and Qisas laws deal with offences and punishments that are interpreted by Muslim juristic scholars to be derived from the Qur’an and the Sunnah (of the prophet).
Hudud and Qisas are informed by these premises, there are additional areas in the Islamic law which are outside the bounds of these justifications.
Hudud laws were introduced in Pakistan in 1979 under the rule of General Zia ul-Haq.
Hudud: Central to Islam? (1900 words)
The proponents of hudud laws have created the erroneous impression that hudud laws are central to Islam, that they define the character and identity of an Islamic state and society.
After all, hudud itself is essentially a reminder to the human being of the importance of observing certain boundaries, certain restraints, in one's personal and social conduct.
Hudud, in its philosophical sense, is not a rigid, dogmatic set of rules and regulations.
  More results at FactBites »


 

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