The origins as well as obligations of Sharia law
Sharia is a body of Islamic religious law formed upon a Koran as well as a difference as well as actions of a prophet Mohammed as well as his followers.
In a West, Sharia has turn synonymous with a brutal punishments meted out in Islamic states, though a infancy of laws have been to do with bland issues, trimming from personal hygiene to banking.
Hard line Muslim leaders explain that Sharia is almighty as well as can never be changed, whilst moderates disagree that it is not a strict set of laws though should be open to interpretation.
Sunni as well as Shia Muslims follow opposite schools of thought in interpreting a Sharia laws, though all Muslims have been compulsory to live according to Sharia wherever they are.
Islamic countries such as Saudi Arabia as well as Iran have implemented Sharia as a authorised system of a country, though in Britain it has no authorised standing, notwithstanding a introduction of Sharia-compliant promissory note as well as food.
Examples of requisite laws
Earnings contingency be lawfully obtained
Food contingency be halal
Personal hygiene contingency be of a unequivocally tall standard
Couples contingency have a full bath i! n flowin g H2O after intercourse
The body contingency be covered modestly
Prayers contingency be said 5 times a day
Believers contingency fast during Ramadan
By Clare Dwyer Hogg as well as Jonathan Wynne-Jones, The Telegraph
*******************************************
Sharia is an Arabic word definition "the right path". The Sharia comes from a Koran, a dedicated book of Islam, that Muslims cruise a tangible word of God. The Sharia additionally stems from a Prophet Muha! mmad's t eachings as well as interpretations of those teachings by sure Muslim authorised scholars.
Muslims hold that Allah (God) suggested his loyal will to Muhammad, who afterwards passed upon Allah's commands to humans in a Koran.
Since! a Sha ria originated from Allah, Muslims cruise it sacred. Between a seventh century when Muhammad died as well as a 10th century, most Islamic authorised scholars attempted to interpret a Sharia as well as to adapt it to a expanding Muslim Empire.
The classic Sharia of a 10th century represented an important partial of Islam's golden age. From that time, a Sharia has a single after another to be reinterpreted as well as blending to changing resources as well as new issues. In a modern era, a influences of Western colonialism generated efforts to codify it.
Following Muhammad's genocide in A.D. 632, companions of a Prophet ruled Arabia for about thirty years. These political-religious rulers, called Caliphs, a single after another to rise Islamic law with their own pronouncements as well as decisions. The initial Caliphs additionally cowed territories outside Arabia including Iraq, Syria, Palestine, Persia, as well as Egypt.
Islamic law grew along with a expanding Muslim Empire. The Umayyad dynasty Caliphs, who took control of a empire in 661, extended Islam into India, Northwest Africa, as well as Spain. The Umayyads appointed Islamic judges, kadis, to confirm cases involving Muslims. (Non-Muslims kept their own authorised system.)! Knowled geable about a Koran as well as a teachings of Muhammad, kadis motionless cases in all areas of a law.
Following a duration of revolts as well as civil war, a Umayyads were dismissed in 750 as well as replaced by a Abbasid dynasty. During a 500-year rule of a Abbasids, a Sharia reached its full development.
Under their ! absolute rule, a Abbasids transferred estimable areas of rapist law from a kadis to a government. The kadis a single after another to handle cases involving religious, family, property, as well as blurb law.
The Abbasids speedy authorised scholars to debate a Sharia vigorously. One organisation held that usually a divinely inspired Koran as well as teachings of a Prophet Muhammad should make up a Sharia. A rival group, however, argued that a Sharia should additionally include a reasoned opinions of qualified authorised scholars. Different authorised systems began to rise in opposite provinces.
From this unequivocally short story of a Islamic empire as well as a growth of a Shariah, a little scholars disagree that a Shariah evolved over time as well as remade to encounter a needs to society during their respective times. In alternative words, a Shariah was not static though dynamic.
Other scholars disagree that a Shariah was already present during a time of a Prophet as well as was already entirely grown by a time a Prophet died. In alternative words, this was what was laid down by a Prophet as well as merely a single after another after a Prophet died (meaning, a Shariah did not evolve or transform over time). This evidence is to await a speculation that a Shariah came from God as well as was not 'invented' by man over hundreds of years following a genocide of a Prophet.
In an try to reconcile a rival groups, a brilliant authorised academician named Shafiee systematized as well as grown what were called a "roots of a law". Shafiee argued that in solving a authorised question, a kadi or supervision decider should initial deliberate a Koran. If a answer were not transparent there, a decider should impute to a accurate sayings as well as decisions of Muhammad. If a answer a single after another to elude a judge, he should afterwards look to a consensus of Muslim authorised scholars upon a matter. Still failing to find a solution, a decider could form his own a! nswer by result from "the fashion nearest in similarity as well as most appropriate" to a box at hand.
There have been 5 laws underneath a Shariah law. Basically, these are:
1. ibadah (ritual worship)
2. mu'amalat (transactions as well as contracts)
3. adab (morals as well as manners),
4. i'tiqadat (beliefs)
5. 'uqubat (punishments).
There have been 3 categories of crimes in Sharia law. These are:!
1. qisas
2. hudud
3. tazir.
Qisas involves personal damage as well as has multiform categories: conscious attempted murder (first-degree), quasi-intentional attempted murder (second-degree), unintended attempted murder (manslaughter), conscious battery, as well as unintended battery.
A qisas offense is treated as a civil box rsther than than an tangible rapist case. If a indicted celebration is found guilty, a plant (or in death, victim's family) determines a punishment, choosing possibly atonement (qesas-e-nafs), that means execution in a box of conscious murder, imprisonment, as well as in a little cases of conscious battery, a amputation of a limb that was lost; or compensation (diyya! ) fo r a detriment of life/limb/injury.
The sharia decider (or, in modern sharia systems like those of Iran or Iraq, a state) can convict for as well as legally retaliate usually qesas crimes upon his own authority. However, a state itself may prosecute for crimes committed alongside a qisas offense. If a victim's family pardons a criminal, in further to a sharia low mark he would normally embrace a tazir jail sentence (such as ten to twenty years in prison) for crimes such as "intentional detriment of life", "tazir attack as well as battery" "disturbance of a peace", as well as so forth.
The second category o! f crimes is hudud (or hadd). Hudud crimes have been crimes whose penalties were laid down by a Quran as well as have been considered to be "crimes opposite God". The hudud crimes are:
1. illicit love affair (zina), that includes adultery, fornication, incest/pedophilia, rape, as well as pimping
2. apostasy/blasphemy
3. defamation (meaning false indictment of any of these things)
4. sodomy/lesbianism (or sodomy rape)
5. theft
6. use of intoxicants (alcohol/drug use)
7. "waging quarrel opposite God as well as society" (rebellion)
Hudud, therefore, is merely a single partial of a unequivocally extended laws that come underneath a Islamic Shariah. However, this appears to be a usually concentration for debate, in sold in Malaysia.
Thus, a stream brouhaha about Hudud is usually a tiny partial of a unequivocally immeasurable Shariah system. In reality, we already have a Shariah in Malaysia. The usually thing we do NOT have nonetheless is a Hududpart of Shariah.
Upon closer inspection, a ISA is worse than Hudud. Under a ISA we can be detained BEFORE we dedicate a crime. That is because a ISA is called a 'preventive law'. Under a Shariah we CAN'T be punished for a crime we have not committed yet. The Sedition Act, Criminal Defamation, etc. have been some-more draconian than Hudud by far.
If we review apples to apples, there have been most elements of a Shariah that have been fairer than usual laws, as well as clamp versa of course. So we can't contend Hudud is improved or usual law is better. It all depends upon specifics. Maybe a a single bone of contention is a low mark for theft (hand cutting). If we resolve that a single needling emanate afterwards a rest is not that most an issue.
Are we opposed to Hudud because it is 'ISLAMIC LAW" OR BECAUSE IT IS UNJUST?
What if it was not called Hudud or Shariah though called 'Common Law'? Would it be acceptable then? For instance, if a Parliament amends laws that direct a low mark for a crime of corruption is fi! ring squ ad (like China) though it is not called Shariah/Hudud would that be acceptable?
What if Parliament passed a law that a low mark for rape is castration? But this is NOT Islamic law ! as well as a word Hudud would not appear. Would most await it then? we would!
Can we disagree that rapists as well as murderers should not be punished? In fact, most feel Hudud is not even serious enough as well as they wish it some-more severe. But what most do not realise, a palm slicing low mark is not an automatic thing. The rapist contingency initial be assessed as to because he or she stole. And if it is because of poverty, afterwards instead of slicing off a thief's hand, he or she has to be put underneath gratification as well as be taken caring of by a state. In fact, a conduct of a gratification dialect instead would be punished for neglecting a bad as well as destitute that resulted in them carrying to take to survive.
The emanate is a word ISLAM in that law of Hudud, which, as we can see, is a SMALL partial of a Sharia.
So what is unequivocally happening in a debate? Is hudud being used again by DSAI to curry favor with PAS as well as as a precedence opposite DAP to discount for chair allocation? He expresses his PERSONAL opinion, as well as afterwards claims he will deliberate PKR upon it later (read some-more here).
We cannot means to be battling upon such issues as well as lose steer of a REAL BATTLE prior to us - winning a next GE! Politics as well as religion do not mix. Religion should not be used as a theme for domestic debates or process decisions. Nip a problem in a blossom prior to this emanate brings about a downfall of PR! Let's keep our concentration as well as quarrel a genuine enemy!
I suppose, this is Malaysia for you. Malaysians would debate till a cows come home about a Internal Security Act (ISA) since a ISA is only a single tiny partial of most things that ! is wrong with a Malaysian justice system as well as a Malaysian judiciary.
Written by Raja Petra Kamarudin as well as Masterwordsmith
Malaysians Must Know a TRUTH Sharia is a body of Islamic religious law formed upon a Koran as well as a difference as well as actions of a prophet Mohammed as well as his followers.
In a West, Sharia has turn synonymous with a brutal punishments meted out in Islamic states, though a infancy of laws have been to do with bland issues, trimming from personal hygiene to banking.
Hard line Muslim leaders explain that Sharia is almighty as well as can never be changed, whilst moderates disagree that it is not a strict set of laws though should be open to interpretation.
Sunni as well as Shia Muslims follow opposite schools of thought in interpreting a Sharia laws, though all Muslims have been compulsory to live according to Sharia wherever they are.
Islamic countries such as Saudi Arabia as well as Iran have implemented Sharia as a authorised system of a country, though in Britain it has no authorised standing, notwithstanding a introduction of Sharia-compliant promissory note as well as food.
Examples of requisite laws
Earnings contingency be lawfully obtained
Food contingency be halal
Personal hygiene contingency be of a unequivocally tall standard
Couples contingency have a full bath i! n flowin g H2O after intercourse
The body contingency be covered modestly
Prayers contingency be said 5 times a day
Believers contingency fast during Ramadan
By Clare Dwyer Hogg as well as Jonathan Wynne-Jones, The Telegraph
*******************************************
Sharia is an Arabic word definition "the right path". The Sharia comes from a Koran, a dedicated book of Islam, that Muslims cruise a tangible word of God. The Sharia additionally stems from a Prophet Muha! mmad's t eachings as well as interpretations of those teachings by sure Muslim authorised scholars.
Muslims hold that Allah (God) suggested his loyal will to Muhammad, who afterwards passed upon Allah's commands to humans in a Koran.
Since! a Sha ria originated from Allah, Muslims cruise it sacred. Between a seventh century when Muhammad died as well as a 10th century, most Islamic authorised scholars attempted to interpret a Sharia as well as to adapt it to a expanding Muslim Empire.
The classic Sharia of a 10th century represented an important partial of Islam's golden age. From that time, a Sharia has a single after another to be reinterpreted as well as blending to changing resources as well as new issues. In a modern era, a influences of Western colonialism generated efforts to codify it.
Following Muhammad's genocide in A.D. 632, companions of a Prophet ruled Arabia for about thirty years. These political-religious rulers, called Caliphs, a single after another to rise Islamic law with their own pronouncements as well as decisions. The initial Caliphs additionally cowed territories outside Arabia including Iraq, Syria, Palestine, Persia, as well as Egypt.
As a result, elements of Jewish, Greek, Roman, Persian, as well as Christian church law additionally shabby a growth of a Sharia.
Islamic law grew along with a expanding Muslim Empire. The Umayyad dynasty Caliphs, who took control of a empire in 661, extended Islam into India, Northwest Africa, as well as Spain. The Umayyads appointed Islamic judges, kadis, to confirm cases involving Muslims. (Non-Muslims kept their own authorised system.)! Knowled geable about a Koran as well as a teachings of Muhammad, kadis motionless cases in all areas of a law.
Following a duration of revolts as well as civil war, a Umayyads were dismissed in 750 as well as replaced by a Abbasid dynasty. During a 500-year rule of a Abbasids, a Sharia reached its full development.
Under their ! absolute rule, a Abbasids transferred estimable areas of rapist law from a kadis to a government. The kadis a single after another to handle cases involving religious, family, property, as well as blurb law.
The Abbasids speedy authorised scholars to debate a Sharia vigorously. One organisation held that usually a divinely inspired Koran as well as teachings of a Prophet Muhammad should make up a Sharia. A rival group, however, argued that a Sharia should additionally include a reasoned opinions of qualified authorised scholars. Different authorised systems began to rise in opposite provinces.
From this unequivocally short story of a Islamic empire as well as a growth of a Shariah, a little scholars disagree that a Shariah evolved over time as well as remade to encounter a needs to society during their respective times. In alternative words, a Shariah was not static though dynamic.
Other scholars disagree that a Shariah was already present during a time of a Prophet as well as was already entirely grown by a time a Prophet died. In alternative words, this was what was laid down by a Prophet as well as merely a single after another after a Prophet died (meaning, a Shariah did not evolve or transform over time). This evidence is to await a speculation that a Shariah came from God as well as was not 'invented' by man over hundreds of years following a genocide of a Prophet.
In an try to reconcile a rival groups, a brilliant authorised academician named Shafiee systematized as well as grown what were called a "roots of a law". Shafiee argued that in solving a authorised question, a kadi or supervision decider should initial deliberate a Koran. If a answer were not transparent there, a decider should impute to a accurate sayings as well as decisions of Muhammad. If a answer a single after another to elude a judge, he should afterwards look to a consensus of Muslim authorised scholars upon a matter. Still failing to find a solution, a decider could form his own a! nswer by result from "the fashion nearest in similarity as well as most appropriate" to a box at hand.
This clearly shows that even a scholars themselves could not determine upon whether a Shariah is God's law or man's origination formed upon understand of a Koran as well as a teachings (examples) of a Prophet.
There have been 5 laws underneath a Shariah law. Basically, these are:
1. ibadah (ritual worship)
2. mu'amalat (transactions as well as contracts)
3. adab (morals as well as manners),
4. i'tiqadat (beliefs)
5. 'uqubat (punishments).
There have been 3 categories of crimes in Sharia law. These are:!
1. qisas
2. hudud
3. tazir.
Qisas involves personal damage as well as has multiform categories: conscious attempted murder (first-degree), quasi-intentional attempted murder (second-degree), unintended attempted murder (manslaughter), conscious battery, as well as unintended battery.
A qisas offense is treated as a civil box rsther than than an tangible rapist case. If a indicted celebration is found guilty, a plant (or in death, victim's family) determines a punishment, choosing possibly atonement (qesas-e-nafs), that means execution in a box of conscious murder, imprisonment, as well as in a little cases of conscious battery, a amputation of a limb that was lost; or compensation (diyya! ) fo r a detriment of life/limb/injury.
The sharia decider (or, in modern sharia systems like those of Iran or Iraq, a state) can convict for as well as legally retaliate usually qesas crimes upon his own authority. However, a state itself may prosecute for crimes committed alongside a qisas offense. If a victim's family pardons a criminal, in further to a sharia low mark he would normally embrace a tazir jail sentence (such as ten to twenty years in prison) for crimes such as "intentional detriment of life", "tazir attack as well as battery" "disturbance of a peace", as well as so forth.
The second category o! f crimes is hudud (or hadd). Hudud crimes have been crimes whose penalties were laid down by a Quran as well as have been considered to be "crimes opposite God". The hudud crimes are:
1. illicit love affair (zina), that includes adultery, fornication, incest/pedophilia, rape, as well as pimping
2. apostasy/blasphemy
3. defamation (meaning false indictment of any of these things)
4. sodomy/lesbianism (or sodomy rape)
5. theft
6. use of intoxicants (alcohol/drug use)
7. "waging quarrel opposite God as well as society" (rebellion)
Hudud, therefore, is merely a single partial of a unequivocally extended laws that come underneath a Islamic Shariah. However, this appears to be a usually concentration for debate, in sold in Malaysia.
Thus, a stream brouhaha about Hudud is usually a tiny partial of a unequivocally immeasurable Shariah system. In reality, we already have a Shariah in Malaysia. The usually thing we do NOT have nonetheless is a Hududpart of Shariah.
Upon closer inspection, a ISA is worse than Hudud. Under a ISA we can be detained BEFORE we dedicate a crime. That is because a ISA is called a 'preventive law'. Under a Shariah we CAN'T be punished for a crime we have not committed yet. The Sedition Act, Criminal Defamation, etc. have been some-more draconian than Hudud by far.
If we review apples to apples, there have been most elements of a Shariah that have been fairer than usual laws, as well as clamp versa of course. So we can't contend Hudud is improved or usual law is better. It all depends upon specifics. Maybe a a single bone of contention is a low mark for theft (hand cutting). If we resolve that a single needling emanate afterwards a rest is not that most an issue.
Are we opposed to Hudud because it is 'ISLAMIC LAW" OR BECAUSE IT IS UNJUST?
What if it was not called Hudud or Shariah though called 'Common Law'? Would it be acceptable then? For instance, if a Parliament amends laws that direct a low mark for a crime of corruption is fi! ring squ ad (like China) though it is not called Shariah/Hudud would that be acceptable?
What if Parliament passed a law that a low mark for rape is castration? But this is NOT Islamic law ! as well as a word Hudud would not appear. Would most await it then? we would!
Can we disagree that rapists as well as murderers should not be punished? In fact, most feel Hudud is not even serious enough as well as they wish it some-more severe. But what most do not realise, a palm slicing low mark is not an automatic thing. The rapist contingency initial be assessed as to because he or she stole. And if it is because of poverty, afterwards instead of slicing off a thief's hand, he or she has to be put underneath gratification as well as be taken caring of by a state. In fact, a conduct of a gratification dialect instead would be punished for neglecting a bad as well as destitute that resulted in them carrying to take to survive.
The emanate is a word ISLAM in that law of Hudud, which, as we can see, is a SMALL partial of a Sharia.
So what is unequivocally happening in a debate? Is hudud being used again by DSAI to curry favor with PAS as well as as a precedence opposite DAP to discount for chair allocation? He expresses his PERSONAL opinion, as well as afterwards claims he will deliberate PKR upon it later (read some-more here).
We cannot means to be battling upon such issues as well as lose steer of a REAL BATTLE prior to us - winning a next GE! Politics as well as religion do not mix. Religion should not be used as a theme for domestic debates or process decisions. Nip a problem in a blossom prior to this emanate brings about a downfall of PR! Let's keep our concentration as well as quarrel a genuine enemy!
I suppose, this is Malaysia for you. Malaysians would debate till a cows come home about a Internal Security Act (ISA) since a ISA is only a single tiny partial of most things that ! is wrong with a Malaysian justice system as well as a Malaysian judiciary.
Written by Raja Petra Kamarudin as well as Masterwordsmith
Courtesy of Bonology.com Politically Incorrect Buzz & Buzz
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