The Truth About Sharia Law - Islam for Muslims - Nairaland
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| The Truth About Sharia Law by illusion2: 9:12am On Dec 23, 2009 |
The fact is 'Sharia law' contrary to what is perceived by most isn't a well-defined set of specific rules and regulations that can be easily applied to life situations like say the Northern Nigeria penal code,laws enacted by legislature or precedence set in court. Rather it is 'custom-based' body of law based on the Quran and related Islamic text some of which are not completely agreed upon by all Islamic scholars (e.g fiqh,ijma,qiyas)or necessarily coherent or authorized by any single body. Anyone that disagrees with this point should clarify. I don't have any problems with anyone demanding for whatever they feel is right,but I feel laws need to be codified and specific i.e state the crime and penalties clearly. For example while someone may read excerpts of the Qu'ran where the holy prophet asks someone to be flogged for a 'sin'(quote sin). . .another may quote from another verse where the sinner was spared. So in a nutshell the 'sharia law' is basically down to the 'esteemed judges ' interpretation of certain situations in the life of the holy prophet which may not necessarily be applicable to our life at the moment. What better point underscores this than the punishment of death for one changing his faith ?  This was applicable during a time of war when 'crossing to the other side' was tantamount to spying for the enemy. They essentially had ONE Islamic Caliphate,which had both religious and political ramifications. . . to now try to apply such situations to a modern world with geo-political rather than religious boundaries,may be treading on the path of confusion. . . . .No insults ,please just exchange of ideas. . . |
| Re: The Truth About Sharia Law by illusion2: 6:20pm On Dec 23, 2009 |
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| Re: The Truth About Sharia Law by Lagosboy: 6:29pm On Dec 23, 2009 |
I will inshallah try to answer your query as long as we stick to the issue of no insults. I posted something here regarding the definition of shariah, after you read it we could go further inshallah to the issue of codification of the law. https://www.nairaland.com/nigeria/topic-359506.64.html |
| Re: The Truth About Sharia Law by illusion2: 7:16pm On Dec 23, 2009 |
Ok bro. . . . |
| Re: The Truth About Sharia Law by IbrahimB: 8:08pm On Dec 23, 2009 |
For example while someone may read excerpts of the Qu'ran where the holy prophet asks someone to be flogged for a 'sin'(quote sin). . .another may quote from another verse where the sinner was spared. I think cases like this arise because of the time factor in the sharia. The sharia was in stages. Take for example, the consumption of alcohol. In the early stages, it was tolerated, then later it was completely banned. Also we should look beyond the physical aspects of the sharia itself and understand its spirit and purpose. That might also explain why sometimes a single thing might be treated differently. What better point underscores this than the punishment of death for one changing his faith ? Huh This was applicable during a time of war when 'crossing to the other side' was tantamount to spying for the enemy. They essentially had ONE Islamic Caliphate,which had both religious and political ramifications. . . to now try to apply such situations to a modern world with geo-political rather than religious boundaries,may be treading on the path of confusion. . . . . Faith and coercion are incompatible. Faith primarily starts from the heart, before manifesting itself in physical acts of worship. Coercion makes faith meaningless and the whole spirit of the Qur'an (and not just one verse alone!) is against coercion. "Verily We have show him the path, whether he is grateful or is ungrateful, " I do not know what time the punishment came to being, if it was in a time of war, then it could explain it, and even then probably because one's faith also meant one's allegiance (i.e. political). What I know is that during the time of the Prophet, some apostates have been killed and some apostates have been left alone. That takes us back to the spirit of the law. Why were those apostates killed and why were those apostates left alone? We need to look at these issues. The fact is 'Sharia law' contrary to what is perceived by most isn't a well-defined set of specific rules and regulations that can be easily applied to life situations like say the Northern Nigeria penal code,laws enacted by legislature or precedence set in court. I disagree that the sharia cannot be easily applied to life situations. Many of the aspects of the sharia are clear enough or maybe you're looking at the penal aspects only? I agree that Islamic scholars do not agree on all aspects of the sharia & that is because some of the hadiths can take on different meanings. That is true because we are human beings, and believe me, Illusion2, the way you see an apple is probably not the same way your neighbour sees that same apple. What I'm against is the enforcement of a particular madhhab on a people or a particular scholar's interpretation of the law. Look at the example of that woman and Umar! These governments shouldn't be repressive, they should allow for a healthy atmosphere where useful debates take place and people are allowed to express their minds freely. |
| Re: The Truth About Sharia Law by Lagosboy: 9:41pm On Dec 23, 2009 |
@ Illusion I think Ibraheem has answered most of your queries. Also i do not really know what other issue you have (Codififcation is an excption) since the articlein bbc you posted is quite extensive and in fact very educative and nice. Codification and specificity. I state here categorically 95% of the muslim scholars agree on the penal code and it is very specific : A thief - cut his hand Public Adulterer - Stoning Public Drinking - 70 lashes Public fornication - 100 lashes Slander - 80 lashes And it goes on Where there is difference is in the implementation which shows the dynamism and beuty of islamic law. This dynamism is actually an arguement against those who say the sharia penal code is ancient and to be done away with. The application and implentation of a law has to be subject to the realities of the situation,environment,culture and so on. That a thiefs hand was cut in somewhere like Brunei with 2% poverty rate does not mean a thiefs hand will be cut in Nigeria with a poverty rate of 70%. Such a difference in implementation highlights the flexibility and justice of the sharia. The sharia is a well defined law and has evolved over the years thanks to the hardwork of the intellectual supermen we call the islamic Jurists of 14 centuries. Century after Century the laws have evolved and adapted to the changing realities of each time without the prinicples of the islamic law changing. I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims. Each time a state decides to implement the shariah the jurist have to assemble the laws and also put the realities of that partuclar environment in to consideration in codified the laws of the state. One thing that amazes me and I think it is simply intellecutal laziness on the part of non muslims and muslims intellectuals is the ignoring of all the aspects of shariah and seeing shariah through the pin hole of the strict penal code. Islamic finance for example is one as pect of the shariah that has been adapted to the modern economics and developed without the core principles changing. HSBC has a product called shariah compliance banking - Ammanah banking Lloyds TSB and likewise islamic bank of Britain. The UK govt have adopted some parts of the shariah in relation to transactions - the issue of stamp duty and so many other wonderful things. You could let me know if you dont understand anything above. And God knows best. |
| Re: The Truth About Sharia Law by Lagosboy: 9:42pm On Dec 23, 2009 |
@ Illusion I think Ibraheem has answered most of your queries. Also i do not really know what other issue you have (Codififcation is an excption) since the articlein bbc you posted is quite extensive and in fact very educative and nice. Codification and specificity. I state here categorically 95% of the muslim scholars agree on the penal code and it is very specific : A thief - cut his hand Public Adulterer - Stoning Public Drinking - 70 lashes Public fornication - 100 lashes Slander - 80 lashes And it goes on Where there is difference is in the implementation which shows the dynamism and beuty of islamic law. This dynamism is actually an arguement against those who say the sharia penal code is ancient and to be done away with. The application and implentation of a law has to be subject to the realities of the situation,environment,culture and so on. That a thiefs hand was cut in somewhere like Brunei with 2% poverty rate does not mean a thiefs hand will be cut in Nigeria with a poverty rate of 70%. Such a difference in implementation highlights the flexibility and justice of the sharia. The sharia is a well defined law and has evolved over the years thanks to the hardwork of the intellectual supermen we call the islamic Jurists of 14 centuries. Century after Century the laws have evolved and adapted to the changing realities of each time without the prinicples of the islamic law changing. I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims. Each time a state decides to implement the shariah the jurist have to assemble the laws and also put the realities of that partuclar environment in to consideration in codified the laws of the state. One thing that amazes me and I think it is simply intellecutal laziness on the part of non muslims and muslims intellectuals is the ignoring of all the aspects of shariah and seeing shariah through the pin hole of the strict penal code. Islamic finance for example is one as pect of the shariah that has been adapted to the modern economics and developed without the core principles changing. HSBC has a product called shariah compliance banking - Ammanah banking Lloyds TSB and likewise islamic bank of Britain. The UK govt have adopted some parts of the shariah in relation to transactions - the issue of stamp duty and so many other wonderful things. You could let me know if you dont understand anything above. And God knows best. |
| Re: The Truth About Sharia Law by illusion2: 9:55pm On Dec 23, 2009 |
IbrahimB,you have said it the way I think it should be. The spirit of the scriptures is what should be looked at and not necessarily the letter ,because time and the current geo-political realities have caught up with most of these 'laws'. All countries constantly update their laws in line with current realities e.g the fine for a traffic offence going by our statutes may still be 10 naira,but now its has (or rather should be updated). Similarly new crimes e.g cyber crime are included and penalities defined. How is this possible with Islamic texts written over a thousand years ago? In addition ,I strongly do not feel the CRIMINAL aspects of sharia are enforcable in the real sense of it,the moral,social aspects (marriage,inheritance etc) are fine,but cutting someone's limb for stealing a cow. . .when governor potbelly is stealing millions is a disservice to the truth,IMO. |
| Re: The Truth About Sharia Law by Lagosboy: 10:01pm On Dec 23, 2009 |
@ Illusion I think Ibraheem has answered most of your queries. Also i do not really know what other issue you have (Codififcation is an excption) since the articlein bbc you posted is quite extensive and in fact very educative and nice. Codification and specificity. I state here categorically 95% of the muslim scholars agree on the penal code and it is very specific : A thief - cut his hand Public Adulterer - Stoning Public Drinking - 70 lashes Public fornication - 100 lashes Slander - 80 lashes And it goes on Where there is difference is in the implementation which shows the dynamism and beuty of islamic law. This dynamism is actually an arguement against those who say the sharia penal code is ancient and to be done away with. The application and implentation of a law has to be subject to the realities of the situation,environment,culture and so on. That a thiefs hand was cut in somewhere like Brunei with 2% poverty rate does not mean a thiefs hand will be cut in Nigeria with a poverty rate of 70%. Such a difference in implementation highlights the flexibility and justice of the sharia. The sharia is a well defined law and has evolved over the years thanks to the hardwork of the intellectual supermen we call the islamic Jurists of 14 centuries. Century after Century the laws have evolved and adapted to the changing realities of each time without the prinicples of the islamic law changing. I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims. Each time a state decides to implement the shariah the jurist have to assemble the laws and also put the realities of that partuclar environment in to consideration in codified the laws of the state. One thing that amazes me and I think it is simply intellecutal laziness on the part of non muslims and muslims intellectuals is the ignoring of all the aspects of shariah and seeing shariah through the pin hole of the strict penal code. Islamic finance for example is one as pect of the shariah that has been adapted to the modern economics and developed without the core principles changing. HSBC has a product called shariah compliance banking - Ammanah banking Lloyds TSB and likewise islamic bank of Britain. The UK govt have adopted some parts of the shariah in relation to transactions - the issue of stamp duty and so many other wonderful things. You could let me know if you dont understand anything above. And God knows best. |
| Re: The Truth About Sharia Law by Lagosboy: 10:04pm On Dec 23, 2009 |
What is happening to my posts, i have posted here 3 times and its not showing |
| Re: The Truth About Sharia Law by Lagosboy: 10:06pm On Dec 23, 2009 |
@ Illusion I think Ibraheem has answered most of your queries. Also i do not really know what other issue you have (Codififcation is an excption) since the articlein bbc you posted is quite extensive and in fact very educative and nice. Codification and specificity. I state here categorically 95% of the muslim scholars agree on the penal code and it is very specific : A thief - cut his hand Public Adulterer - Stoning Public Drinking - 70 lashes Public fornication - 100 lashes Slander - 80 lashes And it goes on |
| Re: The Truth About Sharia Law by Lagosboy: 10:06pm On Dec 23, 2009 |
Where there is difference is in the implementation which shows the dynamism and beuty of islamic law. This dynamism is actually an arguement against those who say the sharia penal code is ancient and to be done away with. The application and implentation of a law has to be subject to the realities of the situation,environment,culture and so on. That a thiefs hand was cut in somewhere like Brunei with 2% poverty rate does not mean a thiefs hand will be cut in Nigeria with a poverty rate of 70%. Such a difference in implementation highlights the flexibility and justice of the sharia. The sharia is a well defined law and has evolved over the years thanks to the hardwork of the intellectual supermen we call the islamic Jurists of 14 centuries. Century after Century the laws have evolved and adapted to the changing realities of each time without the prinicples of the islamic law changing. |
| Re: The Truth About Sharia Law by Lagosboy: 10:07pm On Dec 23, 2009 |
I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims. Each time a state decides to implement the shariah the jurist have to assemble the laws and also put the realities of that partuclar environment in to consideration in codified the laws of the state. One thing that amazes me and I think it is simply intellecutal laziness on the part of non muslims and muslims intellectuals is the ignoring of all the aspects of shariah and seeing shariah through the pin hole of the strict penal code. Islamic finance for example is one as pect of the shariah that has been adapted to the modern economics and developed without the core principles changing. HSBC has a product called shariah compliance banking - Ammanah banking Lloyds TSB and likewise islamic bank of Britain. The UK govt have adopted some parts of the shariah in relation to transactions - the issue of stamp duty and so many other wonderful things. You could let me know if you dont understand anything above. And God knows best. |
| Re: The Truth About Sharia Law by Lagosboy: 10:07pm On Dec 23, 2009 |
Again it has deleted 2 posts , damn i give up |
| Re: The Truth About Sharia Law by illusion2: 10:13pm On Dec 23, 2009 |
I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims. |
| Re: The Truth About Sharia Law by Lagosboy: 10:20pm On Dec 23, 2009 |
@illusion Just click on my name , read the last post on my profile , i typed them in 3 posts and i think only one showed and it also diasppered. |
| Re: The Truth About Sharia Law by illusion2: 10:20pm On Dec 23, 2009 |
From Lagosboy Don't ask how i laid my hands on your post  I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims.I think the best way is to emphasise all these various aspects of Sharia like Islamic finance etc,rather than the penal code which most people seem to have a dim view on. I live in a Muslim country and people are sent to jail(muslims or non-muslims) for stealing ,drug dealing etc. . . .not flogged or having limbs amputated. |
| Re: The Truth About Sharia Law by Lagosboy: 10:30pm On Dec 23, 2009 |
This your thread na wah o, wey post dey delete . Omo u don jazz this thread up o. Your post sef i no fit read. |
| Re: The Truth About Sharia Law by MAYOWAAK: 8:51am On Dec 24, 2009 |
Please allow me to seek clarification from our Muslim brothers on the position of Islam on the state of health of a leader. Recntly,a renowned statesman,Alhaji Maitama Sule and the vocal Muslim organisation NACOMYO took exception to the calls by some Nigerians on President Yar'Adua to resign his appointment.They urged that we should preoccupy ourselves with prayers to Allah,the greatest physician to restore his health.They said it is inhuman to ask the president to resign at this time. I would like to know the position of Islam on his state of health because I have been reliably informed that in Islam you cannot become a Chief Imam if you are physically deformed in anyway,not married,impotent,childless and terminally ill so that you cannot lead prayers.Will these strict conditions apply to our leaders like the President,Governors and the Chief Justice of the Federation? |
| Re: The Truth About Sharia Law by olabowale(m): 2:14pm On Dec 24, 2009 |
I would like to know the position of Islam on his state of health because I have been reliably informed that in Islam you cannot become a Chief Imam if you are physically deformed in anyway,not married,impotent,childless and terminally ill so that you cannot lead prayers.Will these strict conditions apply to our leaders like the President,Governors and the Chief Justice of the Federation?Allah's Messenger (AS) says "whoever seek a position, do not give it to him." This statement is enough, to disqualify those politicians, they must have ulterior motive for wanting a position no one nominate them for! No one forces them to attain the position, and whats the benefit for them as they spend millions to reach a position that pays only thousands. If this was a business decision, the captain of the company should be long gone. If the Captain cant discharge his duty, for the benefit and solvency of the company, should it not be a wise thing that said captain allows those in positions to carry on do so, so that the company have a fighting chance? By the way, all the qualifications that you list, if at all any is relevant for imamship/leadership in Islam take(s) a far second place to the most important; piety in Allah and respect in the community, for you need people who are community builders, and good examples of consciousness of God to lead. |
| Re: The Truth About Sharia Law by muhsin(m): 4:48pm On Dec 24, 2009 |
| Re: The Truth About Sharia Law by illusion2: 4:58pm On Dec 24, 2009 |
Lagosboy:Lagosboy,its this SPAMBOT wahala that blocked my posting priviledges since yesterday. . . I only got unblocked a few seconds ago. Luckily,I copied your post that refused to come up. . .here it is & my own comments below in red  Quote from Lagosboy- I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims.I think the best way out is to continue to emphasise all these various aspects of Sharia like Islamic finance 9which I have been involved with) and leave the criminal side which most people seem to have a dim view on. I live in a Muslim country and people are sent to jail (muslims or non-muslims) for stealing ,drug dealing etc. . . .not flogged or having limbs amputated. |
| Re: The Truth About Sharia Law by illusion2: 5:37pm On Dec 24, 2009 |
Lagosboy:Lagosboy,its this SPAMBOT wahala that blocked my posting priviledges since yesterday. . . I only got unblocked a few seconds ago. Luckily,I copied your post that refused to come up. . .here it is & my own comments below in red Quote from Lagosboy- I am student of the philosophy of the islamic law and there is a subject under the philosophy called maqasid which simply means the objective and purposes of the law. In modern times the maqasid is adapted to the situation in determining a judgement due to the changing realities. The sharia of islam is not a static law it is ever dynamic with the core principles of islam remaining constant and that is what makes it an eternal law to suit all generations of muslims.I think the best way out is to continue to emphasise all these various aspects of Sharia like Islamic finance (which I have been involved with) and leave the criminal side which most people seem to have a dim view on. I live in a Muslim country and people are sent to jail (muslims or non-muslims) for stealing ,drug dealing etc. . . .not flogged or have their limbs amputated,because lets face it criminal jurisdiction normally lies with THE STATE,& where STATES as we know it now (but different from what obtained during the time of Prophet Mohammed) are hetereogenous in nature,I feel its best one takes a more wholistic view to criminal law. . |
| Re: The Truth About Sharia Law by ttruth(m): 3:44pm On Feb 05, 2010 |
The Sharia does not recognize any distinction between religious or secular law neither between the sacred and the profane. There is no separation between State and Mosque; the religion of 'Islam' and the government are one and the same. 'Islamic' Law is controlled, ruled and regulated by the 'Islamic' religion. The theocracy controls all public and private matters (Example the Taliban of Afghanistan and the Mullahs of Iran to name two out of 55 countries). The Sharia is severe in its precepts and punishments as well as being extremely discriminatory against women and any and all those who do not believe in Muhammadanism such as Jews, Christians, Hindus etc. It is intolerant of any other religious practices and manifestations; it does not allow the freedom of religious expression to any none believer. Sharia Law is anti democratic, totally theocratic, discriminatory, immoral, unjust, inhumane, racist and illogical. Sharia Law is Demonic and Satanic, bereft of any Mercy, compassion or Justice |
| Re: The Truth About Sharia Law by Nobody: 5:55pm On Feb 05, 2010 |
T.truth.If shariah is exactly how u described it,then it shd be deleted |
| Re: The Truth About Sharia Law by muhsin(m): 1:33pm On Feb 06, 2010 |
Parade of ignorance.  |
| Re: The Truth About Sharia Law by ttruth(m): 5:51pm On Feb 06, 2010 |
toba: I am going to lead the revolution in making sure Sharia law is total eradicated from Nigeria  . Enough of Arab Imperialism through our stupid and ignorant Northern leaders. The funny thing is that the stupid Sharia law only affects the poor and the Al- Majiris like Abuzola but the rich Muhammedans are not affected by the law. If Farouk Muttalab have committed his atrocity in Northern Nigeria, the Sharia law will not be applicable to him because he is from a rich background. |
| Re: The Truth About Sharia Law by Jairzinho(m): 2:33pm On Feb 07, 2010 |
Lagosboy:Lagosbobo,long time. . . this is actually part of my grouse with 'Sharia' law. How can you determine what constitutes a thief? Is it an armed robber,a pick pocket or Alhaji governor stealing his state blind? Law is much more complex than this. I live in an ARAB MUSLIM country governed by Sharia & people are sent to jail for stealing. . . not amputated ! Nigerians with our OVERZEALOUSNESS.even Islamic Republic of Pakistan does not amputate pick pockets. We need to think all these things through. . . .just like you read the Qu'ran IN CONTEXT,all these archaic punishments should be READ IN CONTEXT as well. |
| Re: The Truth About Sharia Law by ttruth(m): 4:31pm On Feb 07, 2010 |
Okay, what punishment will be meted out to governors who looted their state money ? |
| Re: The Truth About Sharia Law by Jairzinho(m): 6:14pm On Feb 07, 2010 |
t.truth:Alhaji Gov will opt for the 'Kafir' secular law when it comes to corruption na ? |
| Re: The Truth About Sharia Law by Lagosboy: 7:36pm On Feb 07, 2010 |
Jairzinho: Buddie yeah long time- I have answered this issue on the "curious about islam thread" https://www.nairaland.com/nigeria/topic-359506.64.html Cutting of a thief's hand cannot be implemented in probably any country of the world today except a maybe one or two. Poverty has to be eradicated and the need to steal has to be eradicated then anyone that steals is a transgressor so his hand should be cut. Cutting the hands of political thief is what i think could be implemented as they do not need to steal but stealing so the hand of the thief governor deserves to be cut while the thief that steals a goat should be given the goat and a job and set free. Read the thread https://www.nairaland.com/nigeria/topic-359506.64.html Shariah is based on wisdom and acheiving peoples welfare in this life and the afterlife. Shariah is all about justice, mercy, wisdom and good. Thus, any ruling that replaces justice with injustice , mercy with its opposite, comon good with mischief, or wisdom with nonsense, is a ruling that does not belong to the shariah, even if it is claimed to be so according some interpretations." In zamfara where a goat thief had his hand cut and yerima was accused of stealing billions , is not shariah but oppression and the quotation above simply sums it up. And God knows best |
| Re: The Truth About Sharia Law by Lagosboy: 7:38pm On Feb 07, 2010 |
toba: Why not do a simple independent study on shariah rather than just believe what the dude wrote and make your conclusions. Intellectual laziness should never be tolerated in the field of intellectualism. The thread below might give you an introduction to what shariah is all about. https://www.nairaland.com/nigeria/topic-359506.64.html |
Hamza Tzortis Great? ? ? / A Plea From A Muslim Sister / What's The Difference Between Maulud And Christmas?
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