There are two main reasons why Sharī'ah -especially its justice system - is so misunderstood:

1) because Muslims themselves are like the biggest epic fail of a PR campaign for Sharī'ah in the history of marketing and PR itself. We do such a poor job of presenting this subject to all and sundry, it's almost like as if we do it rubbish on purpose. A combination of actual ignorance of what Sharī'ah really is, a lack of desire/willpower to practise its higher moral ethic and the intentional foolishness of others who want to force their deviant opinions on the weak are the main causes for this.

2) Those who would oppose Islam are always looking for something to try and criticise, falsify and destroy. This is especially so when Islam's divine absolute truth leaves very few options for them to target. So they might as well choose the gory stuff such as that within the justice system.

I can categorically state that there is no justice system in the world that offers so many chances for an offender to seek repentance privately and avoid punishment, and to focus on rehabilitation as opposed to public sensationalist redemption in front of the courts, authorities and masses.

Don't let the corrupt politics of Muslim states and the mischief of the media make you think otherwise. One such example would be the cutting of the hand of the Sāriq - the thief who steals from secured areas etc - as if Muslims go around finding every pickpocket on the planet and sending them to the gallows. As brother Abdul Baasit Khan does well to collect below, our tradition shows something quite different with their mercy and magnanimity at times of deserved punishment. These are our leaders who show that sometimes the letter of the law *is* in the spirit of the law as can only really be taught to us by the giants of knowledge and wisdom below, may Allah be pleased with all of them.

'Umar b. al-Khattāb caught a man stealing once. And this is sound ( a ī ). He said, “Did you steal? Say NO!” And the man said, ‘no’. And he said, “get out of here.”

Al-Bayhaqi related from Abu Dardā’ that a young girl who had stolen was brought before him. So he asked her, “Did you steal? Say NO!” She said, ‘no’. So he sent her on her way.

Similarly the leading jurist in Mecca at his time, 'Atā ibn Abi Rabāh (d. 114h) mentioned - as recorded in the Musannaf of 'Abd'l-Razzāq on the authority of Ibn Jurayj - that ‘those who preceded’ would have a thief brought to them for judgment, and they would say, “Did you steal? Say NO!” And he named Abū Bakr and 'Umar (as the ones who used to do this).

Ibn Abī Shaybah transmitted via the route of Abu’l-Mutawakkil that while Abu Hurayrah was governor, a thief was brought to him. So he said, “Did you steal? Say NO.” – And he repeated this two or three times!

In the Jāmi' of Sufyān al-Thawri, from ammād, from Ibrāhīm who said: "Abu Mas'ūd Al-An āri once had a woman who had stolen a camel brought before him, so he said, “Did you steal? Say NO!”

Let's make something clear. No-one is apologising for Islam's justice system or its decreed punishments, or at least I certainly am not. But it is vital that we educate ourselves and others on exactly what that system is before we do more damage to what is already a bleeding community racked with confusion and disunity.

-Sheikh Abu Eesa

Interesting article, looking forward to more on the issue of the shariah,

tbaba1234:
I can categorically state that there is no justice system in the world that offers so many chances for an offender to seek repentance privately and avoid punishment, and to focus on rehabilitation as opposed to public sensationalist redemption in front of the courts, authorities and masses.

100% the truth!