Islamic Rulings
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This article explains a few selected Islamic Rulings. See also, Islam and sharia. This article does not include all Islamic laws. Some of the most controversial Islamic rulings will be referenced here.
The Penalty for Theft
In the Quran it states in Surah Al-Maeda verse 38 the following:
"As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power." [1]
The penalty for theft in Islam is the chopping off of the hand. There are certain hadith that outline this verse further. For example it can be found in the hadith that if a parent takes something from their child, it does not count as stealing. And if a child steals something from their parents, it counts as stealing but the hand can not be chopped off.
The ruling was only used 6 times in 70 years after the death of the Prophet Muhammad Sal-allahu-allehi-wasallam. That is an average of about once every twelve years. Muslims during the time of the Prophet Muhammad Sal-allahu-allehi-wasallam and the khulufaah used to leave their merchandise out and would leave it to go pray at the masajid and nothing would get stolen. People in Arabia at that time period were so afraid of getting their hands chopped off that they did not steal anything. This ruling in essence not only greatly reduced theft but nearly wiped it out in the Middle East during the time of the Prophet Muhammad Sal-allahu-allehi-wasallam and the Khulufaah. Although many secular Muslim states have abolished this penalty, in many parts of the Muslim world, one can leave valuables without fear of theft.
During the times of the second Caliph Umar, there was a famine, and the penalty for stealing was abolished temporarily. This shows that Islamic laws are context sensitive.
Polygamy
In the Quran it states in Surah An-Nisa Verse 3 the following:
"If ye fear that ye shall not be able to deal justly with the orphans, Marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice." [2]
This verse gives Muslim men the permission to marry up to four wives. It is a ruling that in essence prevents Muslim men from committing adultery. Psychology has shown that men are more likely to choose multiple mates while women are more likely to stick with one mate. Men have the desire to be with more than one mate.
"The study, by evolutionary psychologist David C. Schmitt of Bradley University...was based on a survey of more than 16,000 college students from 52 nations worldwide. Overall, more than 25 percent of the male respondents said they wanted more than one sexual partner in the next month, while only 4.4 percent of the women did. The men were also more willing to have sex with partners they hadn't known very long, while the women generally wanted to take more time to get to know their partner first." [3]
"What made the Schmitt study so noteworthy, it would seem, is its apparent implication that men can't help their lustful urges and roaming eye: It's in their genes. As the Chicago Sun-Times summed it up in a headline, 'Men born to fool around, researcher says.'" [4]
Islam does not give permission for premarital sex and men are told in the Quran that it is mandatory for them too lower their gaze when they see a women whom they are not related to. In the Quran it states in Surah Al-Noor Verse 30 :
"Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do." [5]
A man must be married to a woman to gaze at her lustfully. It is a sin to do so if the man is not married to the woman. A man is allowed the first look at a woman, which may be an accidental glance, but they are not allowed the second look. If they look twice, it becomes a sin. Islamic laws are meant to wipe out zina. A glance generally is the first step that can lead to premarital relations. In Islamic law, if a man sees a women, he should lower his gaze. There is a similar ruling in outlined in the Quran for women. In the Quran it says in Surah Al-Noor Verse 31 :
"And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss." [6]
Muslim women are also commanded to cover their bodies from head to toe to avoid fitnah and zina. This ruling can be found in the Quran were it says in Surah Al-Ahzab Verse 59:
"O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. And Allah is Oft-Forgiving, Most Merciful." [7]
Leaving Islam
In the Quran it states in Surah An-Nahl Verse 106:
"Any one who, after accepting faith in Allah, utters Unbelief,- except under compulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief, on them is Wrath from Allah, and theirs will be a dreadful Penalty." [8]
The penalty for leaving Islam, as outlined in the sunnah, is death, (but not always, see following paragraphs). Islamic law views this act as treason, while many Non-Muslims view it as religious intolerance. In Islam, once you accept Islam, you may not turn away from it under the penalty of death.
The ruling on this is also context sensitive. There are categories of apostacy: Those who leave Islam were divided by the scholars of the past into:
1. Exit away from Islam, and 2. Exit against Islam.
If one leaves Islam quietly, and leads a peaceful life, there is no punishment except those related to annulment of marriage, custody of children, and inheritance. However, if apostacy is accompanied by opposition to Islam, the punishment is death.
In the first instance, if some non-Muslim decides to become a Muslim, he says the shahadatain, then he finds that getting up at dawn to pray the fajr is irksome, he changes his mind, decides to give up Islam, and there you are-an apostate.
Only this person simply stepped down from the stage, he entered and he left, leaving no dirty footprints and no broken furniture. He may leave in peace, because there is no compulsion in religion. This is called الأرتداء من الأسلام = alirtidaa = apostacy from Islam.
The convert to Islam came in peace, did not like the ways of Islam, and left in peace. All the scholars are in agreement, no one cares, no one will harm him, he has not sinned the great sin.
The Hadith of Muslim and Bukhari says the blood of a Muslim is haram unless (to bypass most of the hadith )if he leaves Islam and leaves the jamaa'ah. There are those who do become Muslim, then leave Islam, but they do not do so peacefully, but rather spread havoc and chaos, they attack Islam and Islamic concepts, and they mislead ignorant Muslims.
These are called:
"exiting against Islam."
An example is the wars of apostacy which were waged by Caliph Abu BAkr AlSiddiq, even Omar demurred, fight people who are saying there is no God but Allah?
But they were changing the Syllabus of Allah, they removed Zakah from the syllabus, some added extra prophets like Musailamah, and they mislead others to this wrong, and for this they were fought until they realised the errors of their ways and the Hijaz became once again one unit, one jamaa'a.
However, where life is lived according to tradition, the judges often award the death penalty without going into the details. This is miscarriage of Justice. For the most current issue on this, see Abdul Rahman (convert).
Homosexuality In Islam
Homosexuality is forbidden in Islam and is outlined greatly in the Quran with the story of Prophet Lut Peace Be Upon Him. According to the Quran, Prophet Lut was sent to the people of Sodom, which was a nation that indulged in excessive homosexuality. It is outlined in the many verses of the Quran. The following are a few verses of the Quran that mention Prophet Lut.
Stated in the Quran in Surah Al-Araf Verses 80-84:
"We also (sent) Lut: He said to his people: 'Do ye commit lewdness such as no people in creation (ever) committed before you? 'For ye practise your lusts on men in preference to women : ye are indeed a people transgressing beyond bounds.' And his people gave no answer but this: they said, 'Drive them out of your city: these are indeed men who want to be clean and pure!' But we saved him and his family, except his wife: she was of those who legged behind. And we rained down on them a shower (of brimstone): Then see what was the end of those who indulged in sin and crime!" [9]
In another portion of the Quran in Surah Al-Naml Verses 54-55:
"(We also sent) Lut (as a messenger): behold, He said to his people, "Do ye do what is shameful though ye see (its iniquity)? Would ye really approach men in your lusts rather than women? Nay, ye are a people (grossly) ignorant!" [10]
"Islam considers homosexuality as a sexual deviation leading to a perverted act which goes against the natural order Allah intended for mankind. It is a corruption of the man's sexuality and a crime against the opposite sex. Therefore, the Islamic shari'ah strictly prohibits the practice of this perverted act." [11]
"Just as a person who has a sexual urge should not satsfy it by committing zina, a person who has this perverted thought should not act upon it. In order to maintain the purity of the Muslim society, most Muslim scholars have ruled that the punishment for this act should be the same as for zina (i.e. one hundred whiplashes for the man who has never married, and death by stoning for the married man). Some have even ruled that it should be death for both partners, because the Prophet, sallallahu alayhe wa sallam, said: 'Kill the doer and the one to whom it was done.' (Related by Al-Bayhaqi)." [12]
Notes
- ^ Quran Surah 5 Verse 38
- ^ Quran Surah 4 Verse 3
- ^ Drives, desires, and DNA
- ^ Quran Surah 24 Verse 30
- ^ Quran Surah 24 Verse 31
- ^ Quran Surah 33 Verse 59
- ^ Quran Surah 16 Verse 106
- ^ Quran Surah 7 Verses 80-84
- ^ Quran Surah 27 Verses 54-55
- ^ Islamic Ruling Concerning Homosexuality
Summary
This list of Islamic Rulings is no where complete. This article just lists a few rulings in Islam.