A good Muslim

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Distinguishing Features of the Islamic Penal System:

In the aforementioned principles, Islamic Law and contemporary law coincide, though Islamic Law has the distinction of being first.However, the Islamic penal system also has unique virtues and distinguishing features, among the most important of which are the following:

1.The inner deterrent of man’s moral conscience is fully integrated with external supervision.This is due to the fact that Islamic Law, when dealing with social problems such as crime, does not rely merely on legislation and external deterrents.It focuses more on the internal deterrent, placing the greatest emphasis on man’s moral conscience. It endeavors to develop this conscience within a person from childhood so that he can be brought up with the noblest moral character.

It promises success and salvation for those who work righteousness and warns wrongdoers of an evil fate.In this way, it stirs up emotions, making a criminal renounce his ways by inspiring him with faith in God, hope for divine mercy, fear of divine punishment, adherence to moral virtues, love for others, and a desire to do good to others and refrain from causing injury and harm.

2.It has a balanced outlook with respect to the relationship between the individual and society.This becomes clear from the fact that while the Divine Law protects society by legislating punishments and preventative measures against crimes, it does not marginalize the individual for the sake of society.On the contrary, its priority is the protection of the individual, his freedom, and his rights.*t provides every safeguard to leave no excuse for a person to have to resort to crime.Itdoes not set out to punish without first preparing for the individual a situation conducive to a virtuous and happy life.

Forms of Punishment in Islam

Islamic Law, in confronting the problems of life and setting down solutions for them, is established on two complimentary principles.* These are: the stability and permanence of its basic tenets on the one hand and the dynamism of its subsidiary injunctions on the other.

For the unchanging aspects of life, Islamic Law brings fixed statutes.* For the dynamic aspects of life that are affected by social development, broadening horizons, and advances in knowledge, Islamic Law comes with general principles and universal rules capable of being applied in a number of different ways and in a variety of circumstances.

When we apply these principles to the penal system, we find that Islamic Law has come with clear texts prescribing fixed punishments for those crimes that no society is free of, crimes that do not vary in their forms because they are connected with the constant and unchanging factors of human nature.

Islamic Law confronts other crimes by stating the general principle that decisively indicates their prohibition, leaving the punishment to be decided by the proper political authority in society.* The political authority can then take the particular circumstances of the criminal into consideration and determine the most effective way to protect society from harm.* In accordance with this principle, punishments in Islamic Law are of three types:

1. Prescribed punishments

2. Retribution

3. Discretionary punishments

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Slavery in islam:

Slavery is a concept that existed since pre-recorded history. However the way it was practiced in the Islamic world differs greatly than how it was practiced in the rest of the world. Even in the more recent times, centuries after the introduction of Islam, the non-Muslims have practiced slavery in the most barbaric manner. The whole Trans-Atlantic nonsense that was practiced by the Americans is one of the worst forms of slavery man has witnessed. The slaves were not treated as humans and did not have any rights. This way was much similar to the form practiced before the advent of Islam in the Times of Ignorance (Ja’hilah). Islam indeed came as a blessing to all Mankind and it was seen that slaves were given rights, something which the rest of the world never gave them.

Treatment of Slaves:

Apart from giving the slaves their rights, Islam also took it a step ahead and discouraged slavery from being practiced. It is seen in history that slaves were mistreated in the non-Islamic world. Not only were they verbally abused, they were physically abused as well. The master would overburden the slave and make them work all day. Slaves would wear torn and tattered clothes while the masters would dress with the finest threads available. When it would come to food, the slaves would get leftovers or if not, very little food which would certainly not include good quality food. Some would not even get meat or fruits which their masters ate. Prophet Muhammad (peace and blessings of Allah be upon him) with Divine Inspiration from Allah(SWT) forbade such acts. Masters could not abuse their slaves and had to give them the same that they ate and wore.

Narated by Al-Ma’rur: At Ar-Rabadha I met Abu Dhar who was wearing a cloak, and his slave, too, was wearing a similar one. I asked about the reason for it. He replied,*“I abused a person by calling his mother with bad names.”*The Prophet*(peace and blessings of Allah be upon him)*said to me,*‘O Abu Dhar! Did you abuse him by calling his mother with bad names you still have some characteristics of ignorance. Your slaves are your brothers and Allah has put them under your command. So whoever has a brother under his command should feed him of what he eats and dress him of what he wears. Do not ask them (slaves) to do things beyond their capacity (power) and if you do so, then help them.’”*– [Bukhari, Vol.1, Book 2, #29]

The introduction of Islam and with the application of Islam by Muslims, slavery had a new meaning altogether. It no longer meant that you have a beast under your control and hence you could abuse it, make it work like a donkey all day and at the end of the day give it crumbs to eat so that it stays alive. Islam made it clear to every follower that a human being who is a slave is yet the brother of a Muslim and the slave had their rights which is compulsory for a Muslim to fulfill. It taught that slaves and masters are equal in the sights of Allah(SWT) and if a Muslim was given a brother under his command then he had to make sure that the brother was given the rights which Islam prescribed.

In another narration the importance of giving slaves education and teaching them good manners is stressed by Prophet Muhammad*(peace and blessings of Allah be upon him):

Narrated Abu Burda’s father: Allah’s Apostle*(peace and blessings of Allah be upon him)*said“Three persons will have a double reward:

1. A Person from the people of the scriptures who believed in his prophet (Jesus or Moses) and then believed in the Prophet Muhammad (i .e. has embraced Islam).

2. A slave who discharges his duties to Allah and his master.

3. A master of a woman-slave who teaches her good manners and educates her in the best possible way (the religion) and manumits her and then marries her.” –*[Bukhari Vol.1, Book 3, #97A]

Here it is seen that not only education has been given importance but slavery is also discouraged. It is well known that a person belonging to the People of the Book would receive a double reward for accepting Islam. Similarly the same double reward is offered to a person who would free his woman-slave and marry her after giving her education and teaching her good manners. This way slavery is discouraged in the Islamic world. The Muslims were also forbidden from forcing their slave-girls into prostitution so that they would earn money out of it. There was an incident when the slave-girl of an Ansari was forced after which a verse relating to the act was revealed by Allah (SWT).

Narated by Jabir ibn Abdullah: Musaykah, a slave-girl of some Ansari, came and said: My master forces me to commit fornication. Thereupon the following verse was revealed:*“But force not your maids to prostitution (when they desire chastity).” –*[Abu Dawud, Book 6, #2304]

The Lessons of Equality:

There can be found numerous evidences in the Islamic traditions which teach us that slaves are to be treated like any other human being. Prophet Muhammad (peace and blessings of Allah be upon him) has taught us that slaves are equal to everyone else. People belonging to the days of ignorance would not stand next to a slave while Muslims stand next to them in prayers showing a sign of unity and uniformity in their status in front of Allah (SWT). Hazrat Bilal was one of the first slaves to accept Islam. He was tortured by the pagans so that he would renounce Islam and come back to the pagan ways.

However he did not reject Islam and adhered to the teachings of Prophet Muhammad*(peace and blessings of Allah be upon him). He was also the first person to stand on top of the Ka’aba and give the Adhan (the Muslim call for prayer). It is also important to note that further evidence for the equality and recognition of slaves as normal human beings is seen in the numerous ahadith narrated by the slaves and freed slaves that are considered as true and followed by millions of Muslims in the world today. This means that their testimony is also recognized and accepted. We can also see from the traditions that slaves would not only stand shoulder to shoulder with others Muslims during prayer but would also lead the prayers.

Narrated Ibn ‘Umar (may Allah be pleased with him):*When the earliest emigrants came to Al-’Usba a place in Quba’, before the arrival of the Prophet- Salim, the slave of Abu Hudhaifa, who knew the Qur’an more than the others used to lead them in prayer. –*[Bukhari, Vol.1, Book 11, #661]

In the Quran one can see clearly that the woman-slaves and man-slaves who have accepted Islam are better than the free women and men from the disbelievers. Muslims are advised to get the son or daughter married to a woman-slave or man-slave rather than a free woman or man from among the idolaters.

Do not marry unbelieving women (idolaters), until they believe: A slave woman who believes is better than an unbelieving woman, even though she allures you. Nor marry (your girls) to unbelievers until they believe: A man slave who believes is better than an unbeliever, even though he allures you. Unbelievers do (but) beckon you to the Fire. But Allah beckons by His Grace to the Garden (of bliss) and forgiveness, and makes His Signs clear to mankind: That they may celebrate His praise.– [Quran 2:221]

Islam goes a step ahead in giving respect to the slaves and it is narrated that Prophet Muhammad (peace and blessings of Allah be upon him) asked people not to refer to a slave saying*“this is my slave”*but rather to say*“this is my man” or “this is my woman”.

Islam Stresses on Freeing Slaves:

Importance was stressed upon manumitting slaves a lot by Allah (SWT) through his last and final prophet(saw). Even if a disbeliever practiced slave-manumitting before accepting Islam, it is told that he would yet be rewarded for this good deed after accepting Islam. In Islam there is a concept that all good done for the sake of Allah (SWT) will be rewarded and all those done for other causes e.g. fame, fortune etc will not be rewarded in the Hereafter. Manumitting slaves is among those good deeds which are rewarded even if done before accepting Islam.

Narrated Hakim bin Hizam: I said to Allah’s Apostle (peace and blessings of Allah be upon him),*“Before embracing Islam I used to do good deeds like giving in charity, slave-manumitting, and the keeping of good relations with Kith and kin. Shall I be rewarded for those deeds?” The Prophet (peace and blessings of Allah be upon him)replied, “You became Muslim with all those good deeds (Without losing their reward).”*– [Bukhari, Vol.2, Book 24, #517]

Allah (SWT) through His prophet (peace and blessings of Allah be upon him) stressed the good in freeing a slave. A person once came to Prophet Muhammad (peace and blessings of Allah be upon him) saying that he had sexual intercourse with his wife while he was fasting and thus wished to seek guidance in that matter. The first form of compensation which Prophet Muhammad (peace and blessings of Allah be upon him) informed him of was the freeing of a slave.

Narrated by Abu Huraira (may Allah be pleased with him): While we were sitting with the Prophet (peace and blessings of Allah be upon him) a man came and said, “O Allah’s Apostle (peace and blessings of Allah be upon him)! I have been ruined.” Allah’s Apostle (peace and blessings of Allah be upon him)asked what was the matter with him.
He replied “I had sexual intercourse with my wife while I was fasting.” Allah’s Apostle (peace and blessings of Allah be upon him)asked him, “Can you afford to manumit a slave?” He replied in the negative. Allah’s Apostle (peace and blessings of Allah be upon him) asked him, “Can you fast for two successive months?” He replied in the negative. The Prophet (peace and blessings of Allah be upon him)asked him, “Can you afford to feed sixty poor persons?” He replied in the negative.
The Prophet saww kept silent and while we were in that state, a big basket full of dates was brought to the Prophet. He asked, “Where is the questioner?” He replied, “I (am here).” The Prophet said (peace and blessings of Allah be upon him) (to him), “Take this (basket of dates) and give it in charity.” The man said, “Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina‘s) two mountains who are poorer than I.” The Prophet (peace and blessings of Allah be upon him)smiled till his pre-molar teeth became visible and then said, ‘Feed your family with it.” –[Bukhari, Vol.3, Book 31, #157]

There were times when a slave was jointly owned by two people. In such cases there were times when one owner, for the sake of Allah (SWT) would want to manumit his share in the joint ownership. Under such circumstances it was told that the person manumitting his share of the ownership should also pay for the remaining share to ensure that the slave is freed completely. However if he could not do so, the remaining price would then be estimated and the slave had the right to work and pay the amount required for his freedom to the other owner.

Narrated Abu Huraira*(may Allah be pleased with him): The Prophet (peace and blessings of Allah be upon him) said,*“Whoever manumits his share of a jointly possessed slave, it is imperative for him to get that slave manumitted completely by paying the remaining price, and if he does not have sufficient money to manumit him, then the price of the slave should be estimated justly, and he is to be allowed to work and earn the amount that will manumit him (without overburdening him)”.*– [Bukhari, Vol.3, Book 44, #672]

Further in the Quran it is seen that people are encouraged to marry the slaves. If a person cannot marry a free woman for whatever reason, to prevent him from committing sin, the Quran asks them to marry from among the slave women.

If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: And Allah hath full knowledge about your faith. Ye are one from another: Wed them with the leave of their owners, and give them their dowers, according to what is reasonable. –[Quran 4:25]

They can take the permission of the master and marry the slave. This was yet another example of Allah (SWT) ensuring that slaves would be freed as marriage with the slave of another would make the slave a free person.

Why Gradual Elimination?

There is no doubt that Islam encouraged the freeing of slaves. However one would ask that as slavery is a social disease, why Islam did not make it forbidden. Firstly slavery as seen in Islam is poles apart than the one practiced by those who do not follow the guidelines presented by Islam. Secondly slavery could not have been forbidden in those days. Islam did not allow the selling of free people as slaves. Majority of the slaves were the people captured in the wars fought by the Muslims against the non-Muslims. Due to the lack of prison systems in those days, it was important to keep the captured people as slaves. If these people would be allowed to live freely within the Muslims, they would have regrouped and not only attacked the Muslims but probably would have also tried to assassinate the Sahabah or even Prophet Muhammad (peace and blessings of Allah be upon him). By giving these people as slaves, they were distributed and thus could not regroup and attack the Muslims.

Islam never started slavery and it is well known that slavery was practiced much before the introduction of Islam. Islam actually laid down all the rules so that eventually slavery would be eliminated completely. There are many great rewards for freeing a slave. Allah (SWT) has given man all the incentive to free slaves which would in return eventually eradicate slavery completely. Another narration goes as follows:

Narrated Abu Huraira (may Allah be pleased with him): The Prophet(peace and blessings of Allah be upon him) *said,“Whoever frees a Muslim slave, Allah will save all the parts of his body from the (Hell) Fire as he has freed the body-parts of the slave.”*Said bin Marjana said that he narrated that Hadith to ‘Ali bin Al-Husain and he freed his slave for whom ‘Abdullah bin Ja’far had offered him ten thousand Dirhams or one-thousand Dinars. – [Bukhari, Vol.3, Book 46, #693]

Islam’s Stand on Slavery:

Islam teaches its followers to respect all Mankind regardless of their color, race or their bank balance. Slaves were given rights which were not heard of in other societies. Islam gave them protection and asked people to treat them as brothers and give them to eat of what they ate and to wear what they wore. The Bible too speaks about slaves and lays down laws regarding the treatment of slaves.

“If a man beats his male or female slave with a rod and the slave dies as a direct result, he must be punished, but he is not to be punished if the slave gets up after a day or two, since the slave is his property.”– [Exodus 21:20-21]

As it can be seen, the Bible allows a person to beat their slave and the master will not be punished unless the slave dies. The slave is treated as a personal property of the master. Islam came to correct such manmade rules regarding not only slavery but a lot of concepts. Islam has been the original advocate for humanity and has always taught men the importance of humanity.

With the introduction of Islam slaves were treated as human beings rather than personal property. Moreover Islam made sure that gradually people will not perform this act and encouraged the freeing of slaves. Manumitting a slave was encouraged for the smallest of reasons. If there was a solar eclipse, people were recommended to free a slave – If there was a lunar eclipse, people were recommended to free a slave. It can be seen that Muslims were encouraged to free slaves for any and every reason. Islam gave security to the slaves and laid down directions so that slavery would eventually be eliminated completely.

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Some forms if slavery that is rampant today...and yet badlun has the nerve to call world free of slavery today and points fingers of islamic slavery concept.

http://www.theguardian.com/world/2014/nov/24/-sp-north-korea-malaysia-mine-labour

http://www.theguardian.com/global-development/2014/nov/18/people-trafficking-teenagers-migrant-boats-mediterranean

http://www.theguardian.com/global-development/poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-trafficking-anne-gallagher

http://www.theguardian.com/global-development/series/modern-day-slavery-in-focus

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Worst form of slavery today is prostitution and organ traffiking.And in prostitution slavery the pimps or gangs nowadays mark the sex slaves with tattoes of their names so that they couldnt run...not to mention the large number of russian and ukranian girls that are sold.Some are not allowed to eat enough.

http://www.theguardian.com/global-development/2014/nov/16/sp-the-tattooed-trafficking-survivors-reclaiming-their-past

The flower on Jennifer Kempton’s neck starts just behind her right ear, fanning in inky petals out towards her jawbone, a tropical medley of yellow and pink and green against her skin. When she gets up in the morning, the flower is the first thing she looks at, and it reminds her of what she’s survived.

A year ago Jennifer visited a small tattoo shop just outside her hometown of Columbus, Ohio, with a very different marking where the flower now blooms. Then, the side of her neck was marked with a crude black crown and the words “King Munch” – the insignia of the dope gang that sold her for sex out of boarded-up houses in a poor suburb of Columbus.

The tattoo on her neck was not the only scar that Jennifer carried from this period in her life. Men had also tattooed their names on her arm and her back. Just above her groin another announced that she was “Property of Salem”, marking her as his possession and money-maker.

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Punishments in shariah :

Crimes that fall under this category can be defined as legally prohibited acts that God forcibly prevents by way of fixed, predetermined punishments, the execution of which is considered the right of God.

These punishments have certain peculiarities that set them apart from others.Among these are the following:

1.These punishments can neither be increased nor decreased.

2.These punishments cannot be waived by the judge, the political authority, or the victim after their associated crimes have been brought to the attention of the governing body.Before these crimes are brought before the state, it may be possible for the victim to pardon the criminal if the damage done was only personal.

3.These punishments are the ‘right of God’, meaning that the legal right involved is of a general nature where the greater welfare of society is considered.

The following crimes fall under the jurisdiction of the fixed punishments:

1.Theft

Theft is defined as covertly taking the wealth of another party from its secure location with the intention of taking possession of it.

2.Highway Robbery

Highway robbery is defined as the activity of an individual or a group of individuals who go out in strength into the public thoroughfare with the intention of preventing passage or with the intention of seizing the property of passers-by or otherwise inflicting upon them bodily harm.

3.Fornication and Adultery

This is defined as any case where a man has coitus with a woman who is unlawful to him. Any relationship between a man and a woman that is not inclusive of coitus does not fall under this category and does not mandate the prescribed, fixed punishment.

4.False Accusation

This is defined as accusing the chaste, innocent person of fornication or adultery.It also includes denying the lineage of a person from his father (which implies that his parents committed fornication of adultery).False accusation includes any claim of fornication or adultery that is not backed up by a proof acceptable to Islamic Law.

5.Drinking

One of the most important objectives of Islam is the realization of human welfare and the avoidance of what is harmful.Because of this, it “permits good things and prohibits harmful things.” islam, thus, protects the lives of people as well as their rational faculties, wealth, and reputations.The prohibition of wine and the punishment for drinking it are among the laws that clearly show Islam’s concern for these matters, because wine is destructive of all the universal needs, having the potential to destroy life, wealth, intellect, reputation, and religion.

God says:

“O you who believe! Verily wine, gambling, idols, and divination are but the abominations of Satan’s handiwork, so abandon these things that perchance you will be successful.Satan only wishes to cause enmity and hatred between you through wine and gambling and to prevent you from the remembrance of God and prayer.Will you not then desist?” (Quran 5:90-91)

6.Apostasy

Apostasy is defined as a Muslim making a statement or performing an action that takes him out of the fold of Islam.The punishment prescribed for it in the Sunnah is execution, and it came as a remedy for a problem that existed at the time of the Prophet, may the mercy and blessings of God be upon him.This problem was that a group of people would publicly enter into Islam together then leave Islam together in order to cause doubt and uncertainty in the hearts of the believers.The Quran relates this event to us:

“A group from the People of the Scripture said: ‘Believe in what is revealed to those who believe at the beginning of the day, then disbelieve at the end of the day, so perhaps they might return from faith.” (Quran 3:72)

Thus, the prescribed punishment for apostasy was instituted so that apostasy could not be used as a means of causing doubt in Islam.

At the same time, the apostate is given time to repent, so if he has a misconception or is in doubt about something, then his cause of doubt can be removed and the truth clarified to him.* He is encouraged to repent for three days.

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Retribution

This is the second type of punishment in Islamic Law.This is where the perpetrator of the crime is punished with the same injury that he caused to the victim.If the criminal killed the victim, then he is killed.If he cut off or injured a limb of the victim, then his own limb will be cut off or injured if it is possible without killing the criminal.Specialists are used to make this determination.

Important Rules Regarding Retribution:

1.Retribution is not lawful except where the killing or injury was done deliberately.There is no retribution for accidentally killing or injuring someone.Allah says:

“O you who believe, retribution is prescribed for you in the case of murder...” (Quran 2:178)

And He says:

“…There is retribution in wounds...” (Quran 5:45)

2.In the crimes where the criminal directly transgresses against another, Islam has given the wish of the victim or his family an important role in deciding whether or not the punishment should be carried out.Islam permits the victim to pardon the perpetrator, because the punishment in these crimes is considered the right of the victim.Islam even encourages pardon, promising a reward in the hereafter for the one who does. Allah says:

“If anyone waives the right to retaliation out of charity, it shall be an expiation for him.” (Quran 5:45)

The pardon can either be to the payment of blood money, a fixed, monetary compensation, or can be total, where no worldly compensation is demanded.Allah says:

“To forgive it is closer to piety...” (Quran 2:237)

3. The punishment must be carried out by the government.The family of the victim cannot carry it out.

The Wisdom behind Retribution:

With regard to Islamic punishments in general, and retribution in specific, we find that they have two complementary characteristics.The first of these is the severity of the punishment.This is in order to discourage the crime and limit its occurrence.

The second characteristic is the difficulty of establishing guilt, reducing the opportunities for carrying out the punishment, and protecting the accused.In this vein, we see the principle that punishments are waived in the presence of doubt, and that the benefit of the doubt is always given to the accused.Some prescribed punishments are even waived on the grounds of repentance, as we can see in the case of highway robbery.This is also seen in the permissibility of pardon in the case of retribution and the fact that pardon is encouraged and preferred.

These two elements complement each other in that crime is effectively discouraged, protecting society, and the rights of the accused are safeguarded by the fact that speculation and accusations cannot be grounds for punishment, and that the accused enjoys the greatest guarantee of justice and being spared the punishment whenever possible.Most people will abstain from committing crime, because of the severity of the punishment, and the punishments for these crimes will rarely be carried out.In this way, the general security of society and the rights of the individual are equally realized.


Discretionary Punishments:

These are punishments that are not fixed by Islamic Law, for crimes that either infringe on the rights of God or the rights of an individual, but do not have a fixed punishment or a set expiation.

Discretionary punishments are the broadest category of punishments, because the crimes that have fixed punishments are few in number and all other crimes fall under the scope of this last category.

They are the most flexible type of punishment, because they take into consideration the needs of society and changing social conditions.* Consequently, they are flexible enough to realize the maximum general benefit to society, effectively reform the criminal, and reduce the harm that he causes.

Islamic Law has defined different types of discretionary punishments starting from exhortations and reprimands to flogging, to fines, and to imprisonment.* These discretionary measures are left to the decision of the legal authorities within the general framework of Islamic Law and the universal purposes of Islam that balance between the right of society to be protected from crime and the right of the individual to have his freedoms protected.

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Goals of islamic penalty system in shariah:

The Islamic penal system has many objectives, the most important of which are as follows:

The First Objective:

Islam seeks to protect society from the dangers of crime. It is common knowledge that if crimes are not countered with serious punishments, then society will be in grave danger. Islam seeks to make social stability and security widespread, making life in society secure and peaceful. It has made this consideration a platform for action, legislating punishments that will discourage crime.This purpose has been articulated by the following verse that discusses retribution and its effects on society:

“There is (preservation of) life for you in retribution, O people of understanding, that you may become pious.” (Quran 2:179)

If the murderer, or any other criminal for that matter, knows the extent of the negative consequences for himself that his crime will cause, he will think a thousand times before committing it.Awareness of the punishment will cause the criminal to abstain from committing the crime in two ways.
The criminal who has already been subject to the punishment will most likely not return to the crime again.As for the rest of society, their awareness of the effects of this punishment will keep them from falling into the crime.To realize a general effect from the punishment, Islam has established the principle of publicly announcing when it will be carried out.Allah says:

“…A group of the believers should witness the punishment.” (Quran 24:2)

The Second Objective:

Islam seeks to reform the criminal.
The Quran often makes mention of repentance in association with the crimes that it deals with, making it clear that the door to repentance is open whenever the criminal abandons his crime and behaves properly. It has made repentance a means of waiving a fixed punishment in some instances, like the punishment for highway robbery.Allah says:

“…except for those who repent before you take hold of them.Then know that God is the Forgiving, the Merciful.” (Quran 5:34)

God says regarding the punishment for fornication:

“It they both repent and mend their ways, then leave them alone. Verily, God is the Accepter of repentance, the Merciful.” (Quran 4:16)

God says after mentioning the punishment for false accusation:

“… except for those who repent afterwards and makes amends, then verily God is the Forgiving, the Merciful.”

God says after mentioning the prescribed punishment for theft:

“Whoever repents after his wrongdoing and makes amends, then verily God will accept his repentance and verily Allah is the Forgiving, the Merciful.” (Quran 5:39)

This objective is seen more frequently with regard to discretionary punishments, whereby it is incumbent upon the judge to take into consideration the circumstances of the criminal and what will insure his betterment.

The Third Objective:

The punishment is a recompense for the crime.It is undesirable to treat a criminal lightly who threatens the security of society with danger.The criminal should receive his just recompense as long as he is pleased with taking the path of evil instead of the path of righteousness.It is the right of society to be secure in its safety and the safety of its individual members. The Quran has asserted this objective when mentioning a number of punishments.Allah says.

“The thieves, male and female, cut off their hands as a recompense for what they have earned...” (Quran 5:38)

“The recompense for those who wage violent transgression against God and His Messenger and who go forth spreading corruption in the Earth is that they should be killed or crucified or that their hands and feet should be cut off on alternate sides or that they should be sent into exile…” (Quran 5:33)

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The Islamic Approach to Combating Crime:

The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in this world and the next by establishing a righteous society.* This is a society that worships God and flourishes on the Earth, one that wields the forces of nature to build a civilization wherein every human being can live in a climate of peace, justice and security.* This is a civilization that allows a person to fulfill his every spiritual, intellectual, and material need and cultivate every aspect of his being.* This supreme objective is articulated by the Quran in many places.* God says:

“We have sent our Messengers with clear signs and have sent down with them the book and the criterion so that man can establish justice.* And we sent down iron of great strength and many benefits for man...” (Quran 57:25)

And He says:

“…God wants ease for you, not hardship...” (Quran 2:185)

And He says:

“God wants to make things clear for you and to guide you to the ways of those before you and to forgive you.* God is the All knowing, the Wise.* God wants to forgive you and wants those who follow their desires to turn wholeheartedly towards (what is right).* God wants to lighten your burdens, and He has created man weak.” (Quran 4:26-28)

And He says:

“God commands justice, righteousness, and spending on ones relatives, and prohibits licentiousness, wrongdoing, and injustice…” (Quran 16:90)

Since the Islamic legal injunctions are aimed at achieving human welfare, they can all be referred back to universal principles which are necessary for human welfare to be secured.* These universal principles are:

1.*** The preservation of life.

2.*** The preservation of religion.

3.*** The preservation of reason.

4.*** The preservation of lineage.

5.*** The preservation of property.

The Islamic penal system is aimed at preserving these five universal necessities.* To preserve life, it prescribes the law of retribution.* To preserve religion, it prescribes the punishment for apostasy.* To preserve reason, it prescribes the punishment for drinking.* To preserve lineage, it prescribes the punishment for fornication.* To preserve wealth, it prescribes the punishment for theft.* To protect all of them, it prescribes the punishment for highway robbery.

It should therefore become clear to us why the crimes for which Islam for which the Law has prescribed fixed punishments are as follows:

1.*** Transgression against life (murder or assault).

2.*** Transgression against property (theft).

3.*** Transgression against lineage (fornication and false accusations of adultery).

4.*** Transgression against reason (using intoxicants).

5.*** Transgression against religion (apostasy).

6.*** Transgression against all of these universal needs (highway robbery).

Punishment for Apostacy is compulsion and barbarity. Why not people accept Islam or leave it without pressure and fear. If Islam is good then no murder penalty for those who leave it. Let by love and reason people should adhere to it.
Lineage is not that important thst you kill people for not preservibg it. This was good in 1400 years back tribal society but not in today global village.

West uses alcohol but it is developed and reason prevails there more than the backward stupid Muslim world.

Qisas is tribal code and against human rights. Revenge is the spirit not judtice.

Cutting hands for few dollars is barbarism not justice.

And if all this is so good then where it was implemented and where it is implemented today except the areas controlled by savages like Taliban ans IS.

[ghumbasa]

Polygamy:

All mandates of the religion of Islam are from God, the Wise, and thus one deduces that all things which are permitted are due to the fact that their benefit to the self and society outweighs their harms.When one analyzes the reasons and results of the allowance of polygamy, it will be found that indeed the rulings of the religion of Islam are truly those which suit all times and places, as their source is God Almighty, the Wise and the Knowledgeable.

As the Quran indicates (4:3),
the issue of polygamy in Islam is understood in the light of community obligations towards orphans and widows.Islam, as a universal religiīon that is suitable for all times and places, can not ignore these compelling obligations.

Islamic polygamy addresses the social problems of prostitution and extramarital affairs common in the West.Instead of cheating - infidelity is one of the top reasons for divorce in the West - Islam allows a man to marry more than one wife, with full recognition of the rights of all of them.The basic principle in Islam is that men are held responsible for their behavior towards women just as women are responsible for their behavior towards men.

The number of women in the world exceeds that of men. The surplus is a result of men dying in wars, violent crimes, and women outliving men.
The upsurge in homosexuality further increases the problem.
Bertrand Russell wrote, “And in all countries where there is an excess of women, it is an obvious injustice that those women who, by arithmetical necessity, must remain unmarried should be wholly debarred from sexual experience.”
Polygamy, then, is the only responsible solution for this predicament.


Let us take the US as an example.
Why are extramarital affairs so widespread? *“What makes this state of affairs possible, of course, is a supply of willing women.
Most are single, both because of the growing numbers of unmarried women (there are 34 million in the United States today) and because single women generally have more free time and energy than do their married counterparts.
Consider these statistics:
One out of every five women today has no potential mate because there are simply not enough single men to go around.
A 25-year-old single woman faces a serious undersupply of available men to start with, and the situation gets worse the older a woman gets.

Divorced men are much more likely than divorced women to remarry (and they tend to marry younger women), so that there are more than twice as many single women as there are single men in their 40s.Indeed, a woman who divorces at 35 today is likely to remain single for the rest of her life. Caught in a demographic bind while seeking greater autonomy, more and more single women are opting for involvement with married men."

In addition, surplus of women who are not financially maintained by a husband is a cause of increased prostitution in the society.
For example, Germany has 0.96 males/females.Under Germany’s welfare reforms, any woman under 55 who has been out of work for more than a year can be forced to take an available job – including being a prostitute in the sex industry – or lose her unemployment benefit!
A 1994 study found that 16% of 18-59 year old men in a US survey group had paid for sex (Gagnon, Laumann, and Kolata 1994).

Furthermore, the problem of the unbalanced sex ratios can worsen during times of war.The WWII war-bride phenomenon is a case in point.After WWII there were 7,300,000 more women than men in Germany alone (3.3 million of them were widows).

There were 100 men aged 20 to 30 for every 167 women in that age group. Many of these women needed a man not only as a companion but also as a provider for the household in a time of unprecedented misery and hardship.The soldiers in the victorious Allied Armies exploited these women’s vulnerability.Many young girls and widows had liaisons with members of the occupying forces.Many American and British soldiers paid for their pleasures in cigarettes, chocolate, and bread.

Polygamy is an alternative to divorce in case of some marital problems.Instead of divorcing a sick or infertile wife, Islam permits a man to marry another woman while taking care of the first if she chooses to stay with him.

The teachings of Islam, including polygamy, conform to human nature.Men and women differ in their desire for sexual variety.These differences are universal.According to evolutionary scientists men are “hard-wired” to spread their seed.Men everywhere - whether single or married - want more sexual partners than women do.The Islamic solution provides the only responsible alternative to the naturally ingrained desire in men.

There is a universal biological constraint in male and female reproduction.A woman’s reproductive capacity declines after her 20s and ends with menopause, but even a man in his 70s retains the ability to father children.
Polygamy is a solution for a man who desires more children, especially in traditional, agrarian societies.

This may seem irrelevant in the Western context where childbearing is increasingly becoming independent of marriage.Polygamy is also an alternative for a man who desires to satisfy his natural sexual relations within the bounds of marriage, but whose wife may be averse to them due to age or sickness.Moreover, Islam prohibits sexual relations during a woman’s monthly cycles.
Therefore, the prolonged menstrual period of the woman which prevents the husband from having sex with her, or a man whose sexual urge is not satisfied by one wife, may marry another.Islam permits such men to realize their desire within a legal framework, making them responsible for their sexuality, so he does not have to resort to cohabitation or prostitution.

Institutional polygamy controls the spread of sexually transmitted diseases like Herpes and AIDS.
Such venereal diseases spread in promiscuous societies where extra-marital affairs and prostitution are widespread.This may be due to a husband’s bringing back the diseases he is infected with in an extramarital affair when he returns back to his ‘monogamous’ relationship with his wife.

One can clearly see that there are many benefits which result from the allowance of polygamy.Many societal ills are left untreated, if not created or worsened, due to modern restrictions placed on polygamy. One should not always regard their culture and time the most superior in history, but rather they should analyze customs, traditions and beliefs based on solid and tangible facts.When people do so, keeping an open mind and heart, they will draw nearer and nearer to the truth until it becomes clear as the light of day.

[ghumbasa]

Punishment for Apostacy is compulsion and barbarity. Why not people accept Islam or leave it without pressure and fear. If Islam is good then no murder penalty for those who leave it. Let by love and reason people should adhere to it.
Lineage is not that important thst you kill people for not preservibg it. This was good in 1400 years back tribal society but not in today global village.

West uses alcohol but it is developed and reason prevails there more than the backward stupid Muslim world.

Qisas is tribal code and against human rights. Revenge is the spirit not judtice.

Cutting hands for few dollars is barbarism not justice.

And if all this is so good then where it was implemented and where it is implemented today except the areas controlled by savages like Taliban ans IS.

Easy...you ask too many questions to which i ve to describe rulings and everything from start.Every crime you described have set rulings...with options in some cases like qisas.
Allah allowed certain rulings like qisas because it has a wisdom...

In some cases a killer can be forgiven depends if the victim or victim s family forgive...or they can go for qisas(kill the killer )or take money (deet)..3 options.Now tell me someome kills your family member ...do you want to revenge ? Or do you say "Hey lets leave the killer...eh no problem brah".It doesnt work like this...May be you ve a big heart but people s reaction vary.Sometimes family is in need of money they then go for deet.

Cutting hands of a thief who can destroy the life savings of a person sometimes reputation or other form damage is quite justifiedin shariah cause there is concept of BAITUL MAAL in islam...from which a person can take food clothes...and are directed for jobs.Despite this if same person or thief steals with the public declaration of its punishment...then one hand is cut,.on subsequent thefts another...Studies shows theft can become habit if not controlled in time.

I dont need to go on for harmful effects of alcohol....like accidents while driving,rapes ,murders etc.Only usage is in meducine allowed that too if no other alternative.

About apostasy...islam doesnt force someone to accept islam....but if someone does or is a born muslim goes to state of apostasy ...3 days are given to repent.After that death. This law is to prevent fitna (tribulation).

[ghumbasa]

Polygamy :Continue....

Islam is criticized for allowing polygamy, for popular culture in the West views polygamy as relatively backward and impoverished.
For many Christians, it is a license to promiscuity, and feminists consider it a violation of women’s rights and demeaning to women. A crucial point that needs to be understood is that for Muslims, standards of morality are not set by prevalent Western thought, but by divine revelation. A few simple facts should be borne in mind before any talk of polygamy in Islam.

Islam Did Not Initiate Polygamy:

Islam did not introduce polygamy. Among all Eastern nations of antiquity, polygamy was a recognized institution.Among the Hindus, polygamy prevailed from the earliest times.There was, as among the ancient Babylonians, Assyrians, and Persians, no restriction as to the number of wives a man might have.Although Greece and Rome were not polygamous societies, concubinage was a norm.

Islam regulated polygamy by limiting the number of wives and bringing responsibility to its practice. In fact, according to David Murray, an anthropologist, historically polygamy is more common than monogamy.

Polygamy Practiced by God’s Prophets:

The great Hebrew patriarchs equally revered by Judaism, Christianity, and Islam - Abraham, Moses, Jacob, David, and Solomon, to name a few – were polygamous. According to the Bible:

Abraham had three wives (Genesis 16:1, 16:3, 25:1)

Moses had two wives (Exodus 2:21, 18:1-6; Numbers 12:1)

Jacob had four wives (Genesis 29:23, 29:28, 30:4, 30:9)

David had at least 18 wives (1 Samuel 18:27, 25:39-44; 2 Samuel 3:3, 3:4-5, 5:13, 12:7-8, 12:24, 16:21-23)

Solomon had 700 wives (1 Kings 11:3).[3]

The example of Jesus, who otherwise overlooked polygamy, is irrelevant as he did not marry during his earthly ministry.

Marriage in Islam:

Marriage is a legal arrangement in Islam, not a sacrament in the Christian sense, and is secured with a contract.Islamic marriage lays rights and corresponding responsibilities on each spouse. Children born in wedlock are given legitimacy and share in inheritance from their parents.

The primary purpose of marriage in Islam is regulating sexuality within marriage as well as creating an atmosphere for the continuity and extension of the family.This is in sharp contrast to growing trends on marriage in the West.In recent decades, there are more alternatives to marriage than ever before.
Cohabitation - living together outside of marriage - has greatly increased among young, never-married adults, as well as the divorced. More American women are having children outside of marriage, ignoring the traditionally sanctioned sequence of marriage followed by childbearing.

Polygamy in the Quran:

The Muslim scripture, the Quran, is the only known world scripture to explicitly limit polygamy and place strict restrictions upon its practice:

“… marry women of your choice, two or three or four; but if you fear that you shall not be able to deal justly with them, then only one.” (Quran 4:3)

The Quran limited the maximum number of wives to four.In the early days of Islam, those who had more than four wives at the time of embracing Islam were required to divorce the extra wives.Islam further reformed the institution of polygamy by requiring equal treatment to all wives.
The Muslim is not permitted to differentiate between his wives in regards to sustenance and expenditures, time, and other obligations of husbands. Islam does not allow a man to marry another woman if he will not be fair in his treatment.Prophet Muhammad forbade discrimination between the wives or between their children.

Also, marriage and polygamy in Islam is a matter of mutual consent.No one can force a woman to marry a married man.Islam simply permits polygamy; it neither forces nor requires it. Besides, a woman may stipulate that her husband must not marry any other woman as a second wife in her prenuptial contract.
The point that is often misunderstood in the West is that women in other cultures - especially African and Islamic - do not necessarily look at polygamy as a sign of women’s degradation.Consequently, to equate polygamy with degrading women is an ethnocentric judgment of other societies.

Even though we see the clear permissibility of polygamy in Islam, its actual practice is quite rare in many Muslim societies. Some researchers estimate no more than 2% of the married males practice polygamy.Most Muslim men feel they cannot afford the expense of maintaining more than one family.
Even those who are financially capable of looking after additional families are often reluctant due to the psychological burdens of handling more than one wife.One can safely say that the number of polygamous marriages in the Muslim world is much less than the number of extramarital affairs in the West. In other words, contrary to prevalent notion, men in the Muslim world today are more strictly monogamous than men in the Western world.

[Afzalsheikh]

A good Muslim is the one who always curious to know more about Islam but in this busy life we can’t get enough time to go somewhere all we want is to have something that is simple although effective and can be manageable from anywhere yet that has correct Islamic information of Islam that one can easily be believable.