Swedish muslims want sharia law

Laws and Practices Under Sharia


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The penalty for theft




In accordance with the Qur'an and several ahadith, theft is punished by imprisonment or amputation of hands or feet, e.g. depending on the number of times it is committed.[1][2]


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Dietary laws




    Main article: Islamic dietary laws




Sharia dictates that Muslims may only eat from meat that has been slaughtered in the name of God and meets stringent dietary requirements. Such meat is called halāl, or "lawful". Islamic law prohibits a Muslim from eating pork, and most juridical opinions also hold monkey, dog, cat, carnivores and several other types of animal as harām (prohibited). For the meat of an animal to be halāl it must be one of the declared halāl species, and the animal may not be killed by excessively cruel or painful means. The traditional means of slaughter is by slicing open the jugular veins at the neck, resulting in quick blood loss; a state of shock and unconsciousness is induced, and death soon follows through cardiac arrest.




According to the Qur'an, the animal does not have to be slaughtered by a Muslim, but may be slaughtered by a Jew or a Christian (People of the Book) as long as it meets their strict dietary laws (Al-Ma'ida 5: "The food of those who have received the Scripture is lawful for you.") Thus, most Muslims will accept kosher meat as halāl. (Qur'an 2:173, 6:121)


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The role of women under Sharia




    Main article: women in Islam




Islam does not prohibit women from working, but emphasizes the importance of housekeeping and caring for the families of both parents. In theory, Islamic law allows husbands to divorce their wives at will, by clearly saying talaq ("I divorce you") three times in public. In practice divorce is more involved than this and state proceedings vary. In 2003, for example, a Malaysian court ruled that, under Sharia law, a man may divorce his wife via text messaging as long as the message was clear and unequivocal. [7] Such a divorce, known as the "triple talaq" is not allowed in most Muslim states. Usually, the divorced wife keeps her dowry from when she was married, if there was one, and is given child support until the age of weaning, at which point the child may be returned to its father if it is deemed to be best.




In addition, women are generally not allowed to be clergy or religious scholars. Many interpretations of Islamic law hold that women may not have prominent jobs, and thus are forbidden from working in the government. This has been a mainstream view in many Muslim nations in the last century, despite the example of Muhammad's wife Aisha, who both took part in politics and was a major authority on hadith.




A Muslim may not marry or remain married to an unbeliever of either sex (2:221, 60:10). A Muslim man may marry a woman of the People of the Book (5:5); traditionally, however, Islamic law forbids a Muslim woman from marrying a non-Muslim man unless he converts to Islam.




See also ma malakat aymanukum.


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Dress codes




The Qur'an also places a dress code upon its followers. For women, it emphasizes modesty. Allah says in the Qur'an, "And tell the believing women to lower their gaze and guard their private parts and not to display their adornment (interpreted as the hair and body-shape) except that which ordinarily appears thereof (interpreted as the face and hands) and to draw their headcovers over their chests and not to display their adornment except to their husbands, their fathers, their husbands fathers, their sons, . . . ." (surat an-Nur verse 31). All those in whose presence a woman is not obliged to practice the dress code are known to be her mahrams. Men have a dress code which is more relaxed: the loins must be covered from knee to waist. The rationale given for these rules is that men and women are not to be viewed as sexual objects.




Turkey, a predominantly Muslim country, has laws against these dress codes in schools and work places. After the declaration of the Republic in 1923, as part of revolutions brought by Atatürk, a modern dress code was encouraged. It is against the law to wear a head scarf while attending public school in Turkey, as well as France, where the recently enacted rule caused huge public controversy.




Some view Islamic women as being oppressed by the men in their communities because of the required dress codes. However, in more moderate nations, where these dress codes are not obligatory, there are still many Muslim women who practice it. Some choose to wear such clothes of their own free will because they believe it is the will of Allah, others due to community and social pressures.




One of the garments some women wear is the hijāb (of which the headscarf is one component). The word hijab is derived from the Arabic word hajaba which means 'to hide from sight or view', 'to conceal'. Hijāb means to cover the head as well as the body.


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Domestic punishments




According to most interpretations, authorization for the husband to physically beat disobedient wives is given in the Qur'an. First, admonishment is verbal, and secondly a period of refraining from intimate relations. Finally, if the husband deems the situation appropriate, he may hit her:




    "Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all)." (Qur'an 4:34 English translation: Yusuf Ali)




The medieval jurist ash-Shafi'i, founder of one of the main schools of fiqh, commented on this verse that "hitting is permitted, but not hitting is preferable."




The Arabic verse uses idribu¯hunna (from the root daraba ضرب), whose commonest meaning in Arabic has been rendered as "beat", "hit", "scourge", or "strike". Besides this verse, other meanings for daraba used in the Qur'an (though not with a human direct object) include 'to travel', 'to make a simile', 'to cover', 'to separate', and 'to go abroad', among others. For this reason — particularly in recent years (e.g. Ahmed Ali, Edip Yuksel) — some consider "hit" to be a misinterpretation, and believe it should be translated as "admonish them, and leave them alone in the sleeping-places and separate from them." Certain modern translations of the Qur'an in the English language accept the commoner translation of "beat" but tone down the wording with bracketed additions. Whatever idribu¯hunna is meant to convey in the Qur'an -- and multiple, complementary meanings are quite common in Islam's holy book -- the verb is directed, not at a single husband, but to the community as a whole.




Several Hadith urge strongly against beating one's wife, such as: "How does anyone of you beat his wife as he beats the stallion camel and then embrace (sleep with) her? (Al-Bukhari, English Translation, vol. 8, Hadith 68, pp. 42-43), "I went to the Apostle of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them. (Sunan Abu-Dawud, Book 11, Marriage (Kitab Al-Nikah), Number 2139)". However, some suggest that these Hadith were later abrogated, noting that in the Farewell Pilgrimage, he said:




    Fear Allah concerning women! Verily you have taken them on the security of Allah, and intercourse with them has been made lawful unto you by words of Allah. You too have right over them, and that they should not allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise them but not severely. Their rights upon you are that you should provide them with food and clothing in a fitting manner. (Narrated in Sahih Muslim, on the authority of Jabir.) [8]




According to Sheikh Yusuf al-Qaradawi, head of the European Council for Fatwa and Research:




    "If the husband senses that feelings of disobedience and rebelliousness are rising against him in his wife, he should try his best to rectify her attitude by kind words, gentle persuasion and reasoning with her. If this is not helpful, he should sleep apart from her, trying to awaken her agreeable feminine nature so that serenity may be restored, and she may respond to him in a harmonious fashion. If this approach fails, it is permissible for him to beat her lightly with his hands, avoiding her face and other sensitive parts. In no case should he resort to using a stick or any other instrument that might cause pain and injury. Rather, this 'beating' should be of the kind the Prophet (peace be on him) once mentioned to a disobedient maid-servant, when he said 'If it were not for the fear of retaliation on the Day of Resurrection, I would have beaten you with this miswak (tooth-cleaning twig)' [as reported by Ibn Majah, by Ibn Hibban in his Sahih, and by Ibn Sa`d in his Tabaqat].[9] [10]




However, punishments are authorized by other passages in the Quran and Hadiths for certain crimes (e.g., extra-marital sex, adultery), and are employed by some as rational for extra-legal punative action while others disagree (quotations provided by Syed Kamran Mirza):




    Quran-24:2 "The woman and the man guilty of adultery or fornication—flog each of them with hundred stripes: Let no compassion move you in their case, in a matter prescribed by God, if ye believe in God and the last day."


    Quran-17:32 "Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils)."


    Sahi Muslim No. 4206: "A woman came to the prophet and asked for purification by seeking punishment. He told her to go away and seek God's forgiveness. She persisted four times and admitted she was pregnant. He told her to wait until she had given birth. Then he said that the Muslim community should wait until she had weaned her child. When the day arrived for the child to take solid food, Muhammad handed the child over to the community. And when he had given command over her and she was put in a hole up to her breast, he ordered the people to stone her. Khalid b. al-Walid came forward with a stone which he threw at her head, and when the blood spurted on her face he cursed her."


    Sahih Al-Bukhari Vol 2. pg 1009; and Sahih Muslim Vol 2. pg 65: Hadhrat Abdullah ibne Abbaas (Radiallahu Anhu) narrates the lecture that Hadhrat Umar (Radiallaahu Anhu) delivered whilst sitting on the pulpit of Rasulullah (Sallallaahu Alayhi Wa Sallam). Hadhrat Umar (Radiallahu Anhu) said, "Verily, Allah sent Muhammad (Sallallaahu Alayhi Wa Sallam) with the truth, and revealed the Quran upon him. The verse regarding the stoning of the adulterer/ess was from amongst the verse revealed (in the Quraan). We read it, secured it and understood it. Rasulullah (Sallallaahu Alayhi Wa Sallam) stoned and we stoned after him. I fear that with the passage of time a person might say, ‘We do not find mention of stoning in the Book of Allah and thereby go astray by leaving out an obligation revealed by Allah. Verily, the stoning of an adulterer/ress is found in the Quraan and is the truth, if the witnesses are met or there is a pregnancy or confession."






Critics of Islamic law have often pointed to "honor killing" as an illustration to the barbarity of Shariah law. While the practice of honor killing is common in many Muslim countries, some Islamic leaders and scholars condemn the practice of honor killing, and argue the practice is not based on religious doctrine. [11].




For a more detailed examination of the Islamic view of adultery, see Zina.




For a more detailed examination of "honor killing", see the Wikipedia entry.


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Circumcision




Male circumcision involves the removal of the foreskin and is customary in most Muslim communities. It is performed at different ages in different cultures.




Female circumcision is not part of mainstream Islam. It is not practiced in Maghreb countries and most of Asia, but is performed by Muslims and non-Muslims alike across East Africa and the Nile Valley, as well as parts of the Arabian peninsula and Southeast Asia. In both areas, the custom predates Islam. Many African Muslims believe that female circumcision is required by Islam, but a large number of Muslims believe this practice has no basis in Islam. Nevertheless it is justified on religious grounds both by Muslims and Christians who practice it, mostly in parts of Africa. [citation needed]




The Egyptian-born president of the 'European Council on Fatwa and Research', Yusuf al-Qaradawi, emphasises that this is not a religious obligation, but expresses his personal preference for removal of the prepuce of the clitoris, called clitoridotomy (Fatwa on islamonline.net.) The use of the term 'circumcision' is highly confusing, as the practice ranges from a mild superficial act that does not reduce any physiological function (the 'real' circumcision) to various forms of partial or even complete removal of female genital organs. In certain countries, this is accompanied by reducing the genital opening. These forms are, because of their brutal nature, also referred to as female genital mutilation (FGM). This term is most often used in official publications of the United Nations and World Health Organization.


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Muslim apostates




    Main article: Apostasy in Islam




In most interpretations of Shariah, conversion by Muslims to other religions is forbidden and is termed apostasy. Muslim theology equates apostasy to treason, and in most interpretations of shariah, the penalty for apostasy is death.


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Illegal sexual relations: Adultery, Fornication and Homosexuality




    Main article: Zina




In most interpretations of Shariah, the death penalty is applied as penalty for homosexual acts. According to the opinions of scholars, acceptable means of performing the execution included burning, throwing from tall buildings, and stoning. [12]




Death by stoning is also the penalty for adultery where one or two married individual are involved, while lashing with 100 strips is usually the penalty legally applied for fornication when the guilty party is not married.


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Freedom of Speech




Sharia does not allow freedom of speech on such matters as criticism of the prophet Muhammad.




    The Qur'an says that Allah curses the one who harms the Prophet in this world and He connected harm of Himself to harm of the Prophet. There is no dispute that anyone who curses Allah is killed and that his curse demands that he be categorized as an unbeliever. The Judgment of the unbeliever is that he is killed. [...] There is a difference between ... harming Allah and His Messenger and harming the believers. Injuring the believers, short of murder, incurs beating and exemplary punishment. The judgement against those who harm Allah and His Prophet is more severe -- the death penalty.[3]




In Egypt, public authorities annulled, without his consent, the marriage of Prof. Nasr Abu Zayd when he got in conflict with an orthodox Islamic cleric from the Al-Azhar University in Cairo. The cleric had condemned Abu Zayd's reading of the Qur'an as being against the orthodox interpretation and labelled him an apostate (seen as a non-believer and consequently not permitted to marry or stay married to a Muslim woman). Abu Zayd fled to the Netherlands, where he is now a professor at the university of Leiden.




see also Jyllands-Posten Muhammad cartoons controversy


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Sharia, democracy and human rights




In 1998 the Turkish Constitutional Court banned and dissolved Turkey's Refah Party on the grounds that the "rules of sharia", which Refah sought to introduce, "were incompatible with the democratic regime", pointing up that "Democracy is the antithesis of sharia". On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy"[4][5] Refah's sharia based notion of a "plurality of legal systems, grounded on religion" was ruled to contravene the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was determined that it would "do away with the State's role as the guarantor of individual rights and freedoms" and "infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy". It was further ruled that




    [T]he Court considers that sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it. […] It is difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverges from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervenes in all spheres of private and public life in accordance with religious precepts.[6]




On the other side, legal scholar L. Ali Khan determines "that constitutional orders founded on the principles of Sharia are fully compatible with democracy, provided that religious minorities are protected and the incumbent Islamic leadership remains committed to the right to recall".[7] However, Christian Pippan argues, that this contradicts the political reality in most Islamic states. "While constitutional arrangements to ensure that political authority is exercised within the boundaries of Sharia vary greatly among those nations",[8] most existing models of political Islam have so far grossly failed to accept any meaningful political competition of the kind that Kahn himself has identified as essential for even a limited conception of democracy. Khan, writes Pippan, dismisses verdicts as from the European Court of Human Rights or the Turkish Constitutional Court "as an expression of purely national or regional preferences."[9]




Several major, predominantly Muslim countries criticized the Universal Declaration of Human Rights (UDHR) for its perceived failure to take into account the cultural and religious context of non-Western countries. Iran claimed that the UDHR was a "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law. Therefore the Organization of the Islamic Conference adpted the Cairo Declaration of Human Rights in Islam, which diverges from the UDHR substantially, affirming Sharia as the sole source of human rights. This Declaration became severly criticized by the International Commission of Jurists for allegedly gravely threatening the inter-cultural consensus, introducing intolerable discrimination against both non-Muslims and women, the restrictive character in regard to fundamental rights and freedoms and attacking the integrity, and dignity of the human being.




see also Cairo Declaration on Human Rights in Islam