By Muhammad Yunus, New Age Islam
March 05, 2012
Muhammad Yunus, co-author (Jointly with Ashfaque Ullah Syed), Essential Message of Islam, Amana Publications, USA, 2009
A popular Australian website [Australian Islamist Monitor, Islam under Scrutiny] summarily tables the key rulings of the Classical Islamic Sharia [Re. Sharia Law in brief] and concludes that it “can only generate brutality, hatred, and nothing but Islamic fascism.”
The article refers to the popular perception among the Muslims of the Sharia Law being a ‘word of God’ and traces its origin to the era of the Prophet Muhammad and the first four Caliphs. Following a brief commentary on the four law schools, it enumerates the following common laws of Islamic Sharia “which are regularly practiced in Islamically ruled (Sharia-based) nations with some minor variations”:
1- Jihad defined as “to war against all non-Muslims to establish the religion” is the duty of every Muslim and Muslim head of state (Caliph). Muslim Caliphs who refuse jihad are in violation of Sharia and unfit to rule.
2- A Caliph can hold office through seizure of power meaning through force.
3- The head of an Islamic State (Caliph) cannot be charged, let alone be punished for serious crimes such as murder, adultery, robbery, theft, drinking and in some cases of rape (Hudood cases) - Codified Islamic Law Vol 3 # 914C of and page 188 of Hedaya the Hanafi manual.
4- A percentage of Zakat (alms) must go towards jihad.
5- It is obligatory to obey the commands of the Caliph, even if he is unjust.
6- A caliph must be a Muslim, a non-slave and a male.
7- The Muslim public must remove the Caliph in one case, if he rejects Islam.
8- A Muslim who leaves Islam (apostate) must be killed immediately.
9- A Muslim will be forgiven for murder of : a) an apostasy b) an adulterer c) a highway robber. Making vigilante street justice and honor killing acceptable
10- A Muslim will not get the death penalty if he kills a non-Muslim.
11- Sharia never abolished slavery and sexual slavery and highly regulates it. A master will not be punished for killing his slave. Slavery still exists amongst Arab Muslims.
12- Sharia dictates death by stoning, beheading, for sins like killing, adultery, prostitutions; and other Quranic corporal punishments like: amputation of limbs (chopping hands and feet), floggings, beatings and other forms of cruel and unusual punishments even for the sins like: stealing, sexual promiscuity, robbery, burglary etc.
13- Non-Muslims are not equal to Muslims and must comply to Sharia (pay Zizzya: poll tax) if they are to remain safe. They are forbidden to marry Muslim women, publicly display wine or pork, recite their own religious scriptures, or openly celebrate their religious holidays or funerals. They are forbidden from building new churches or building them higher than mosques. They may not enter a mosque without permission. A non-Muslim is no longer protected if he commits adultery with a Muslim woman or if he leads a Muslim away from Islam.
14- It is a crime for a non-Muslim to sell weapons to someone who will use them against Muslims. Non-Muslims cannot curse a Muslim, say anything derogatory about Allah, the Prophet, or Islam, or expose the weak points of Muslims. However, Muslims can curse, criticize or say anything derogatory they like to the religions of others.
15- A non-Muslim cannot inherit from a Muslim.
16- Banks must be Sharia compliant and interest is not allowed.
17- No testimony in court is acceptable from people of low-level jobs, such as street sweepers or a bathhouse attendant. Women in such low level jobs such as professional funeral mourners cannot keep custody of their children in case of divorce.
18- A non-Muslim cannot rule even over a non-Muslims minority.
19- Homosexuality is punishable by death
20- There is no age limit for marriage of girls under Sharia. The marriage contract can take place anytime after birth and consummated at age 8 or 9.
21- Rebelliousness on the part of the wife nullifies the husband’s obligation to support her, gives him permission to beat her and keep her from leaving the home.
22- Divorce is only in the hands of the husband and is as easy as saying: “I divorce you” and becomes effective even if the husband did not intend it.
23- There is no common property between husband and wife and the husband’s property does not automatically go to the wife after his death.
24- A woman inherits half what a man inherits. Sister gets half of what brother gets.
25- A man has the right to have up to 4 wives and wife has no right to divorce him even if he is polygamous.
26- The dowry is given in exchange for the woman’s sexual organs.
27- A man is allowed to have sex with slave women and also with women captured in battle (concubines), and if the enslaved woman is married her marriage is annulled.
28- The testimony of a woman in court is half the value of a man; that is, two women equal to one man.
29- A woman looses custody if she remarries.
30- A rapist may only be required to pay the bride-money (dowry) without marrying the rape victim.
31- A Muslim woman must cover every inch of her body which is considered “Awrah,” a sexual organ. Some schools of Sharia allow the face and some don’t.
32- A Muslim man is forgiven if he kills his wife caught in the act of adultery. However, the opposite is not true for women since he “could be married to the woman he was caught with.”
33-It is obligatory for a Muslim to lie if the purpose is obligatory and is known as Taqiyya (Islamic Deception). That means that for the sake of abiding with Islam’s commandments, such as jihad, a Muslim is obliged to lie and should not have any feelings of guilt or shame associated with this kind of lying.
Conclusion: The truth remains, scores of rulings of the Classical Sharia Law are in direct conflict with the Quranic paradigms. Hence a recent article posted on this website on the subject referenced below concludes: “It is time that the Muslim elite and leadership put their act together to achieve a gigantic paradigm leap - from the Classical Sharia Law of Islam to a Modern Islamic Law (Sharia), accommodating Western secular values - within the broader framework of the Qur’an. Their complacence and inaction may lend strong credence to Khaled Abou El Fadl’s agonizing concern: "Is it possible that the day will come when ours will be designated a "vanished civilization."
Ref: The Classical Islamic Law (Islamic Sharia Law) is NOT a Word of God
- Epitome of Justice and Equity for a thousand years of Islamic civilization - now a threat to Islamic civilization and World peace, warranting an urgent paradigm shift in Islamic Juristic thoughts.
Muhammad Yunus, a Chemical Engineering graduate from Indian Institute of Technology, and a retired corporate executive has been engaged in an in-depth study of the Qur’an since early 90’s, focusing on its core message. He has co-authored the referred exegetic work, which received the approval of al-Azhar al-Sharif, Cairo in 2002, and following restructuring and refinement was endorsed and authenticated by Dr. Khaled Abou El Fadl of UCLA, and published by Amana Publications, Maryland, USA, 2009.