This article originally appeared on the website of the Islamic Foundation of the Maldives. Republished with permission.
Many westerners and human rights campaigners have the false notion that Maldives is a country ruled according to sharia (Islamic law). However, the truth is that apart from some aspects of marriage, divorce and legal issues involving inheritance, the courts in the Maldives do not decide matters according to Islamic sharia and this dreaded word sharia has nothing to do with most practices of the Maldivian people. There never was a time that sharia with all its principles was applied in the lives of Maldivians.
Just seeing burqa clad women and a few bushy bearded men on the streets is no proof to accuse Maldives becoming a safe haven for Islamic extremists or al-Qaeda terrorists. According to non-Muslim westerners, the hallmarks of an extremist or terrorist Islamic society is that adulterers are stoned to death, murderers are executed, hands of the thieves are chopped off, rapists, apostates and dealers in narcotics are beheaded, women are forced to wear burqa in public, men or women involved in immorality are openly flogged.
Apart from some few public lashings in the past none of the above mentioned methods of punishments continue to be used to punish criminals in the Maldives.
Nevertheless, the non-Muslim westerners fear that soon or later the Maldives will fall ‘victim’ to Islamic sharia and this country would cease to be a tolerant Muslim nation towards non-Muslims. They are disappointed to find that with the introduction of democracy the opportunity to obtain Maldivian citizenship for non-Muslims has failed to materialise.
The Article 9 (d) of the Maldives Constitution states, “..a non-Muslim may not become a citizen of the Maldives.” Moreover, the law no. 6/94 prohibits both Muslims and non-Muslims alike of carrying out Christian missionary work in the Maldives, and also of acting in a manner that may endanger the religious harmony of the people of this country.
Another appalling thing for the non-Muslim westerners is a clause in Article 142 of the Constitution of Maldives, which states, “..when deciding matters on which the Constitution or the law is silent, Judges must consider Islamic sharia.”
This sharia is something which makes the evangelists, the hypocrites, the LGBT’s, the agnostics and the irreligious tremble with fear. The hardcore democrats in this country believe that if sharia begins to take effect on people’s lives, the Maldives would lose its currently dignified place among the community of nations.
According to them, sharia means the husband taking three more wives to humiliate his first wife, the absolute enslavement of women folk in the society and the country becoming an enemy of the West and the United States in particular.
There are people who think otherwise by citing the example of Saudia Arabia which implements most aspects of sharia but remains a close friend of the United States and the European Union. Non-Muslims visiting Saudi Arabia and other gulf states are more secure than those visiting South Africa and Latin American countries. The high crime rates in those countries send a chill down the spine of anyone thinking of visiting those countries. ]
The Islamic Republic of Iran, a country accused of all sorts of intolerance towards non-Muslims by the West, attracted 2.3 million tourists in 2009, whereas the number of tourists visiting Maldives only reached 500,000 for the same period. Out of the 2.3 million tourists visiting Iran, a significant number come from the West and the European Union.
Muslim countries are often singled out for criticism for not allowing drinking in public, setting a guideline for women to dress up in public and harsh penalty for heinous crimes such as child molestation, rape, murder, homosexuality, arson and robbery, etc.
The Westerners and the so called human rights activists fail to realise that many non-Muslim countries have the death penalty embodied in their constitution. In the United States, many criminals are sentenced to be executed by lethal injection or sending them to electric chair. In 2009 alone, the United States executed 52 criminals; out of this number, 51 were put to death by lethal injection.
The official method of execution in China is by firing squad. Currently there are 68 crimes that are eligible for capital punishment in China. Singapore and Vietnam are among the countries with the highest per capita execution rate in the world. No state is willing to tolerate people involved in committing brutal and callous crimes and acts of high treason or subversion. Take the case of Timothy McVeigh, the Oklahoma City bomber who was executed by lethal injection in June 2001.
Another embarrassment for the evangelists, atheists and islamophobiacs is the Article 10 (a) and (b) of the Maldives Constitution which states, “The religion of the State of Maldives is Islam. Islam shall be one of the bases of all the laws of the Maldives.” “No law contrary to any tenet of Islam shall be enacted in the Maldives.”
A complication arises when a native Muslim Maldivian renounces his faith and becomes a non-Muslim. The Article 9 (a) (1.2.3) of the Maldives Constitution states the ground rules to qualify for the citizenship of this country. Though the Constitution states that no citizen of the Maldives may be deprived of citizenship, conversion from Islam to other faiths automatically invalidates a person’s citizenship as the act nullifies the condition for receiving or retaining citizenship.
Most law experts in Maldives are of the view that an apostate (renegade) who refuses to repent and continues in the state of unbelief, then the State is under obligation to annul his citizenship.
Some people mistakenly believe that sharia only deals with crimes and punishments. Though the prescribed punishments are included within the framework of sharia, punishments are just a small portion of sharia.
Islam insists on blocking all the roads leading to evil and crime before imposing sharia punishments on the people. Therefore, the poor and the destitute have to be provided for by means of zakath, state assistance, various forms of charity or employment, etc. It would be a total injustice to chop off the hands of poor people for stealing food whose children are dying of hunger. It would certainly be a ridiculous thing to allow brothels to be run and implement sharia punishments for fornication or adultery.
Also allowing women folk to appear semi-naked and drunk in public and beheading rapists is nonsensical. Most rapists in the West are repeated offenders. You allow rapists to come out of the prison after a year or so for him to come and rape you , your mother or your sister again. Which way of life is barbaric? A way of life which allows notorious criminals to move freely around and create more mischief and corruption in the land, or a way of life that eliminates the dangerous criminals once and for all?
Some religions, including Christianity, insist that married couples are joined in holy matrimony until death does them apart. No matter what the problems that arises between the spouses, men and women of totally different temperaments have to remain married to live a miserable life together. The result is desertion or separation or what they call ‘domestic violence’ which is very common in the West.
Many people with problems in marriage fall victim to drugs and say they do it to find consolation or free themselves from anxiety. Islamic sharia provides a solution for ending such misery by divorce. However, divorce has to be carried out only after all possible ways to reconcile the couples have failed. If the couple has got children and if they stay with the mother, the husband has to provide enough money for their proper upbringing and also meet them occasionally to make sure they do not miss their father’s love. Divorced women can remarry after their waiting period is over. Which of these ways of life are better?
It is a misconception that prescribed sharia punishments are carried out on individuals on the grounds of suspicion and the sharia courts are more like kangaroo courts or military tribunals. Islam too insists that all are innocent until proven guilty. It is a false notion to believe that the ruler of a Muslim state has the power to condemn people to death on the grounds of suspicion for trying to seize power or commit crimes against the state. If we look at the past, we find that sharia courts in Muslim lands were independent and the rulers had no power to impose judgements. There were instances in the history that Muslim judges passed sentences against the ruler of the state. The sentences passed in sharia courts are not based on hearsay or suspicion but on proofs.
When sharia as a whole is implemented in a Muslim society, people’s lives become much easier and they begin to feel a sense of security. Muslim societies will not attain the desired stability, calmness or tranquility unless sharia is implemented. There are many reasons for this, the first and foremost is, a Muslim society without sharia is devoid of the blessings of Almighty Allah (God). There will always be some Muslims who continuously keep building pressure by one way or the other in trying to persuade people to accept sharia as a sole guide.
It is totally absurd that President Mohamed Nasheed openly criticised sharia punishments saying that an executed person cannot be brought back to life from the dead after it has been found that he was innocent. If that is so, is it a fair thing for a person to spend 25 years behind bars and die in prison to be proven innocent later?
It is absolutely stunning that President Nasheed sought assistance from German government to amend or rewrite the little of the remaining sharia law enforced in the Maldives. He did this on the grounds of consolidating the young democracy in the Maldives. After a meeting with German Chancellor Angela Merkel, the Earth Times quotes him saying that he would welcome German assistance in building up a new version of sharia law in the Maldives. The proposed new version of sharia certainly is not going to be the sharia derived from the revealed Scripture because a new version of any book, law or legal document always negates the old version of it.
Seeking German assistance in matters of sharia is a ridiculous thing while there is Al-Azhar University and the Islamic University of Medina, both of which can offer a more sound judgement on sharia related issues. It is better for President Nasheed to stop trying to mess with what remains of sharia in this country and leave it to the legislature and the judiciary.
In Feburuary 2008, Dr Rowan Williams, the Archbishop of Canterbury, argued that adopting parts of Islamic sharia law would help maintain social cohesion in Britain. He said Muslims should be allowed to choose to have marital disputes or financial matters dealt with in a sharia court. Not long after Dr Williams said sharia law in UK seemed unavoidable, Islamic law was officially adopted in Britain. In September 2008, sharia courts were given powers to rule on Muslim civil cases and their verdict is binding under Arbitration Act 1996. However, Muslims in Britain still have a long way to go for them to be able to enforce prescribed punishments in Islamic sharia.
The parliament in Somalia, a country with an ongoing civil war, unanimously approved to implement sharia (Islamic law) with the aim of diffusing tension between the shaky government in Mogadishu and al-shabab rebels. Also Sudan, a country with a long history of civil war seems to have become more stable after sharia was adopted.
If prescribed sharia punishments begin to be enforced in a Muslim society, its instant favourable effects starts to take shape on people’s lives. Heinous crimes such as banditry, gang rape, drug trafficking, fraud, murder, etc begin to decrease drastically throughout the country.
All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]
(0)Dislikes
(0)Related Posts
Islamic Foundation calls for death sentence if apostate fails to repent- “Religious obligation” to bar Nasheed from upcoming election: Home Minister Dr Jameel
- State Minister for Home Affairs slams President Waheed over govt’s criticism of flogging sentence
- Comment: Islam to be an election issue?
- Faculty of Sharia Law to expel student wearing face veil
- Three men accused of Hoarafushi hostage murder face terrorism charges
is the writer sane or is he trying to prove whats wrong - right when he has no valid points to do so.
when did capital punishment in US justified when irans was not. US or west is not the perfect states no is the mullah states. wat exists is right and wrong on issues. and capital punishment is wrong where ever its practised. so beat it boy.
@geehan,
why is capital punishment wrong?
a lot of crap!!!
As a citizen and a Muslim. I have no problem with Sharia, but I do have a problem with the modern practitioners of Sharia who are morally bankrupt.
From reading your myopic tirade and considering the prominence of religion in our society, if the likes of yourself do indeed represent Islam in Maldives, I should say, we most certainly are f@@ked.
Your opinion sir would be funny if it wasn't so sad.
Under Sharia law a woman's testimony is worth half that of a man's. A woman's marriage contract is between her male guardian and her husband. A man can have 4 wives and divorce his wife by simply repudiation, whereas a woman must give reasons, some of which are extremely difficult to prove. Child custody reverts to the father at a preset age, even if the father is abusive, woman who remarry lose custody of their children. Sons are entitled to inherit twice the share of a daughter. A non muslim's word is not accepted against that of a muslim's. A rape can be proven only if the woman can produce four witnesses. I am not saying these things are bad. Allah knows best!
@geehan on Thu, 2nd Sep 2010 5:36 PM :
Says: "capital punishment is wrong where ever its practised. so beat it boy"
So, you know human behavior more than anyone else? Are you so sure of your statement? Let alone giving us your so called "valid points" or reasons for that statement.
What you have expressed is your opinion and I must say your knowledge on human behavior is very limited.
Just a scenario with a question:What would you want as a judgement (from the authorities) to a person who invades your home, kills your family in front of you, after raping your female relatives, kins ... and if you are the only survivor from that aggression. What would you want? hmm? Would you go near the court while the person is being sentenced to death and voice your same opinion? Just imagine if you are such a victim what would you want for yourself. No need to answer openly, but just for yourself think about it.
I'm not talking entirely in agreement with Nazim's comment but focusing on your flawed opinion on "capital punishment" Only.
Allah Knows Best
Very well written Mr Ibrahim. Just ignore the ignorants comment at the end of your article. I totally agree with what all you have said in this masterpiece.
Just because something is practiced in the west does in no way mean that it is compliant with the human rights regime.
The writer shows no understanding of Human Rights or the modern discourse surrounding its issues. Badly written nonsense, I don't know why minivan news republished it.
Dear brothers and sisters!
Wake up! We are not going to live forever. GOD Almighty created humanity for a purpose. And to understand that Read and understand The Glorious Quran: And Authentic Hadhiths.
About 2000 yrs back a calamity struck and from the studies we know their life style ( preserved by the hot ashes that engulfed them )
People who want to take sins to be a peaceful and enjoyable way cannot afford to look into hadiths or the glorious Quran, but one thing they might do is listen to someone talking when they dont have a clue if it is true or not. Just by staying in their Sofa they wanna be entertained and learn what Islam is all about. They just hear and hear, dont take a second to look into what this really is. Twilight is way longer than the english translation, but twilight can be read not the English Translation of Quran. I really wish that they could just compare a bit or even have a look into what it is. It sure isn't fair that you shout out without looking at the whole picture. If you wanna say "your life is written" and dont wanna o anything about it, then what would you call yourself?? Islamic Sharia aa behey gothun meehaku liun ehchaka dhimaala anga hulhuvaa iru e kocheh kan nengenyaa kobaa anga hulhuvumuge beynume... mi ma ulhene gothey kiyaafa ineema v nu.. If you care enough to read an article about Islamic sharia. Why dont you even read one Surah. I think Even Surah Baqarah is shorter or half of it is as long as this article. People dont be Foolish. Take a Second to think for yourself
You will never bring Sharia to America. Try it and you will meet your virgins.
@geehan
i'd like to add something to the example bismuth has given...lets take a real one.
about two years ago a 14 year old girl from n.holhudhoo was forcefully abducted and raped repeatedly until she was bloodied...when they were satisfied they just left her in the bushes to be found later by her worried family. oh and before they left her, they also amused themselves by trying to shove sand and leaves into her. i wonder if she shares the same opinion as geehan about capital punishment.
as far as i know, the rapists are still free. maybe you should be pushing your mp to do his or her part in bringing justice to this country than worrying about capital punishment for now...
Dear Brothers and Sisters!
Wake up! We are not going to live forever. GOD Almighty created humanity for a purpose. And to understand that Read and understand The Glorious Quran: And Authentic Hadhiths.
Just one incident to review:
About 2000 years back a calamity struck and from the studies we know their life style of that time( preserved by the hot ashes that engulfed them )
POMPEII and HERCULANEUM
They had a vicious system of degrading fellow humans, arrogance, corruption, extreme slavery (ruthless slave-masters), open and legalized prostitution by both genders yet they were the most rich and sophisticated cities of of that time till 79 AD:
Many people who've heard of Pompeii don't realize there were actually two cities that were destroyed by the eruption of Mt. Vesuvius: Pompeii and Herculaneum. Both were completely covered by volcanic ash when Vesuvius belched volcanic ash and hot mud on Aug. 24th in the year 79 AD.
Both cities were forgotten until they were found again in the 1700s. Over time the cities became completely buried. Excavation – which is the process archaeologists use to dig up buried artifacts – has been underway for several hundred years. At Pompeii, there are still many, many areas yet to be uncovered.
What was Pompeii like before the explosion?
Pompeii was a city of 20,000 residents. In many ways it was very progressive: Pompeii had indoor running water, a thriving marketplace, an ampitheater for entertainment and a structured government. The homes of the wealthiest citizens reveal beautiful works of art, particularly frescoes (pictures painted on the walls using a specific technique) and a reverence for the local gods and goddesses.
Pompeii also contained public baths,brothels, cobblestone streets, sidewalks and many private shops where its residents could purchase almost anything they wanted. Since Pompeii was a port city, located on the blue waters of the Bay of Naples, the people who lived there could take advantage of the many ships that made port in Pompeii. They brought goods from many other, exotic locations, to trade and sell in Pompeii and other Roman cities.
The people themselves were typical of the Roman empire at that time. There were several classes in Roman society, starting with the very wealthy and ending with slaves. The slaves were usually people who had been captured and enslaved following a war. They served the wealthier Romans and were the lowest class of people in Roman society.
To learn more: see the links
http://en.wikipedia.org/wiki/Pompeii#Tourism
http://www.artoffresco.com/03-History/03.7-pompeii/03.7-history-pompeii.htm
http://www.nationalgeographic.com/guides/history/ancient/pompeii.html
http://www.mummytombs.com/pompeii/books.htm
..."Both cities were forgotten until they were found again in the 1700s"...
AND preserved to be found for the people to look back and understand the reality of life at least for those who choose to think and reason out and tries to understand.
Nothing had changed in human behavior. Even today we find people advocating for freedom to do whatever that tempts them, unheeded of the fact that this world is nothing but a test and we humans are given "freewill", ability to make choices as willed by GOD Almighty.
It's up to us to believe and obey the guidance (The Glorious Quran).
DO we want to be another POMPEII or HERCULANEUM? OR will we realize our real purpose of life (i:e to DO all that pleases GOD Almighty:- AND that is to be good to yourself and others and advice each other for truth, patience, constancy: Do all that is righteous,AND forbid all evils, wrongs. AND For that we humans need to have "Ikhlas" [Purity of Faith] -See Surah 112, Quran-)
SHARIA (Islamic Sharia) IS:
*Sharia (شريعة Šarīʿa; [ʃaˈriːʕa], "way" or "path")
*Shar'iah, or more properly Al-Shari'ah, literally means the pathway, path to be followed, or clear way to be followed,
*Sharia is God's law
Surely "Sharia" will be establish here (by GOD himself even if people like it or not: That would be for the protection of righteous people when the evils exceed limitlessly and goes from worst to extreme nasty stages).And a final,fair and most just of judgments will be on the Day of Judgement.
Like it or not, believe it or not, ridicule it or not, Truth will win eventually.
In Allah Almighty We Trust
@Fasy on Fri, 3rd Sep 2010 1:28 AM
Says:"Just because something is practiced in the west does in no way mean that it is compliant with the human rights regime."
Fasy, That is "SO Very True".
So does just because some failed "supposed to be" Muslim nations (such as Afghanistan, Pakistan, Iraq) practices something it doesn't resonate with the real and pure Islam humans are supposed to follow (the way of life chosen by GOD Almighty for the humanity)
Says:"The writer shows no understanding of Human Rights or the modern discourse surrounding its issues. Badly written nonsense,"
Perhaps he didn't understood, but I suspect if any of us really understand it properly and impartially.
Time is the passage that all humanity will live through and human wants and limits are same at any age depending on the available resources. The modern spectrum may have changed with the advent of more understanding of the nature's events through science and technological advancements. Humans are surely more knowledgeable today as the human mind had evolved but the behavior shows little change.
We are "Wise-man", "Knowing-Man" yet the forgetful man.
Says:"I don’t know why minivan news republished it."
I think I have a clue on that. Minivan News might have published it so that people could comment on it and we could engage in a little discussion on the topic. I hope MN team will shed a light on that question or correct me if I'm wrong.
In Allah Almighty We Trust
Dear brother Nazim, This is overall a wonderful piece of work(except for few reasoning given ). BUT then how long can an article be? Obviously Nazim or any other person could not drill down to explain each and everything they writes.
AND I quote from Nazim's comment:
"The parliament in Somalia, a country with an ongoing civil war, unanimously approved to implement sharia (Islamic law) with the aim of diffusing tension between the shaky government in Mogadishu and al-shabab rebels. Also Sudan, a country with a long history of civil war seems to have become more stable after sharia was adopted.
If prescribed sharia punishments begin to be enforced in a Muslim society, its instant favourable effects starts to take shape on people’s lives. Heinous crimes such as banditry, gang rape, drug trafficking, fraud, murder, etc begin to decrease drastically throughout the country."
--
Does this sound a "sound solution" for the problems that Maldives is facing today? Specially for the Government and people as a whole.
Dear Mr.President, kindly please consider to implement Sharia and Insha Allah you will start getting real, positive and effective results.
In Allah Almighty We Trust
Shariah law didn't bring peace to the multi-ethnic Sudan. It was the genesis of the conflict, and still remains one of the biggest barriers to peace. Please don't twist the facts, Nazim.
Dear Bismath
'Perhaps he didn’t understood, but I suspect if any of us really understand it properly and impartially'
You are right. No one claims the human rights regime to be perfect and gifted by God. It is made by men and women and imperfect. However, what attracts people like me to it rather than the Shariah is that HR is open for debate and when we find flaws in it, we can have an honest, rational discussion and change what doesn't make sense.
Shariah, though a lot of people claim to be divinely ordained, is a mixture of man made laws on what men interpret as the word of God. This too isn't so bad but the problem is most scholars consider the Doors of Ijtihad closed and Shariah is treated as rigid rather than evolving set of laws rendering it relatively useless for a lot of modern problems.
Shariah Law is a very contested phenomena. Whilst it may be true that if we re-open the gates of ijtihad and allow the development of a reasonable and scientific Islamic Legal system, Al-Fiqh, the reality of such an advanced purely Islamic LAW is a LONG WAY from being realized. Yes, many Islamic thinkers and Fuqaha have philosophized about the potential for a modern, developed Islamic Legal system and have discussed certain issues and certain issues, but as to the development of a full, comprehensive islamic legal system... LONG WAY TO GO before a modern, comprehensive one exists.
One of the issues I have with Shariah Law, is that, many Ayah from the Qur'an itself are so easily ripped out of context by advocates of Shariah Law to justify their own personal grab for power and their own quest for personal vengeance. The same is done with the Sunnah.
The quest for a comprehensive and objective Hukm (legal system) in the Islamic World to create Muwahid (Oneness and Unity - Assabiya or solidarity of the Ummah) has historically lead to mental straitjacketing and oppression of creative and independant thought.
To stamp out disunity in the Muslim world, the gates of ijtihad were declared closed and Al-Rai (reason) was brutally repressed.
Attempts to implement a unified and singular Islamic Ummah (Tawhid) (to realize the lost oneness) a very aggressive interpretation of the Qur'an and Sunnah occured which claimed to be implementing the Qur'an Zahir (literally...) Fuelled by zealous vengeance for the persecution of Sheik-ul-Islam Imam Ahmed Ibn-Hanbal those of Ahl Ahadith (strict followers of the Sunnah) lead a campaign to anihilate fereedom of thought and creativity. Fundamentals were established which basically made more than half the Muslim world to be accused of Bida' (innovation), or Murtadd (apostasy) or Munafiqun (hypocrisy).
For example, the fundamentalists tortured those with Mutaziliti belifs of the Contextual, subjective nature of the Qur’an. This caused the decline of reason and contextual analysis in attempts to implement the Qur’anic Hukm (LAW), and, as I said, a lot of Ayah were ripped out of context to implement political vengeance.
The violent, non-contextual nature of Hanbali Qur’anic interpretation was no doubt a response to what was perceived to be the ‘Zalimun’ (darkness or in this context injustice) of the Caliphate of the Abbasid Mamun and his Court, whose corruption was justified through corrupt usages of Al-Rai (reason) and ijtihad (opinion based on struggle for knowledge aboutr a subject…)
Before Imam Hanbal, Imam Al-Shaafi specified that Ijtihad and Al-Rai can only be used when there is no direct Akham (law) derived from first, Al-Qur'an, second, Prophetic Sunnah of Sahih Isnad (Sunnah of reliable chain of narration), third, Ijma of the Ulema (consensus of the Hadith narrators or traditionalist scholars on a matter), fourth, Al-Qiyas (analogy) being an analogically deduced decision which means, taking a Sunnah and applying the principle contained within it.
Believing that ijtihad and Al-Rai were being used independantly of Wahi (revelation i.e. Qur'an and Sunnah) the most radical Hanballiya believed it dutiful to eradicate reason and ijtihad altogether.
Of course, the Ashaarite Muslims kept reason alive to some degree by advocating the benefits of reason in Qur’anic interpretation without claiming that the Qur’an was Uncreated. Many of them were spared by more moderate literalists who came primarily from the Hanafi school of thought (a school which was developed before universal access to Bukhari and Muslim’s Ahadith and therefore depended alot on independant reasoning and maslahah or social utility) and the Al-Shaafi school of thought.
However, it is important to note that if the extremist Hanbalis had their way, reason would have been annihilated completely. I have heard some people go as far as saying that Hanbali thought (which is not actually thought but the advocacy of Taqlid or blind imitation) is the reason that the modernist project, the enlightenemnt was not realized in the Muslim world.
Those that advocate Shariah LAw, are of this literalist position and have ripped many Ayah out of context...
Two of the strongest advocates for Shariah Law include these literalists, and what I call neo-Ashaarites, or those who believe that one must look for the principles behind the external revealed Sunnah and Qur'anic verses and implement them.
However, the neo-Ashaarite (I would put for example Abdullah Saeed and Hassan Saeed, Dr. Shaheed and a few others in this category though they may not like it as it is my made up category) do not agree with each other on what the principles are and how to best implement them, so for them to agree on a fully developed legal system will take um,,, say, the next thousand years of debate.
oh, that is not to say that I do not believe a comprehensive modern shariah system should not be developed but it is to say I don't believe that one is ready to be implemented now and won't be for years to come. In the meantime I hope all Muslim scholars work hard on this topic...
Excellent article. Thanks for publishing it on minivan.
The political values of liberalism have caused the social decay being witnessed today. In February 2009 the Children’s Society launched ‘A Good Childhood: Searching for Values in a Competitive Age’ report states,
“Britain and the U.S. have more broken families than other countries, and our families are less cohesive in the way they live and eat together. British children are rougher with each other, and live more riskily in terms of alcohol, drugs and teenage pregnancy. And they are less inclined to stay in education. This comes against a background of much greater income inequality: many more children live in relative poverty in Britain and the U.S.
Well researched article. Good work. Hope people like Jeffrey and other islamophobic elements read and learn from this article.
@What is Sharia Law
Yes! There should be a limit to "ijtihad and Al-Rai".
Otherwise "pink gurus" in the pretence of Al-Hakim would have by now used "Al-Rai" to promulgate a same-sex marriage act in the Islamic world, especially in the Maldives!
That would be quite silly isn't it?
So it's good that the Muslim world produced some people (imams) with excellent common sense early in its history to pour cold water on to the HEADS of dictatorial rulers of the Muslim world who soon forgot about the Prophet's (PBUH) advice, because some of them terribly lacked in "iman".
It was all too obvious as the Prophet (PBUH) himself had predicted that without proper "iman" the Muslim World would soon plunge into bitter "ikhthilaaf", which was non-existent during his lifetime!
The Prophet (PBUH) himself prescribed the solution to the problems - that if any of them differed in the slightest thing "go back to Allah & The Messenger".
That means if you are lost in "context" of the book forget "Mutaazalites" or "Ashaarites" and JUST go back to the "index" Sunnah!
That is what all the "imams" had said. If you find any thing that does not agree with Quran & Sunnah in my books, THROW them out the WINDOW and "go back to Allah and The Messenger"
Now to go back to "Allah & The Messenger" "iman" is a prerequisite.
Without proper "iman" there is really no "will" to go back as prescribed by the Prophet (PBUH).
For instance in our own country, we have recently heard our Al-Hakim prescribing a "bitter medicine" (going back to something) to Maldivians to get out of a nasty and recurrent budget deficit situation, slashing civil servant's salaries and 20% budget cuts from ministries, sending couples to divorce queues and whole families reeling and packing their stuff and taking a HIKE to their islands into the art of doing nothing!
But the same Al-Hakim, as the author noted, had to go all the way to Germany to get an "Al-Rai" on Islamic Sharia Law.
Why no "bitter medicine" this time around?
Instead his own beautiful mouth downplayed the "bitter medicine" for mutilation of the hand for theft. Too bitter? And here we are with "daylight robberies increasing!"
Beautiful isn't it? (kihaa salhi!)
As if Germany had the only people with a proper "iman" and the willingness to "go back to Allah & The Messenger".
Yes! A good route to "go back".
Nay! Not to Allah & The Messenger, but "CHARLEMAGNE & THE HOLY ROMAN EMPIRE"!
Nice try! Keep trying! May hit the jackpot some day!
Sharia law practiced where ever it is done is not Islamic or based on Quran. (For instance stoning to death is not prescribed in Quran ad killing of apostates are also not prescribed in Quran).It is a man made law worse than what we pass in the parliament where we at least get a consensus of people's representatives). It is based in lies attributed to the prophet, lies made by people who lived 200 years after prophets death. These kind of ignorance will not workout in an educated society.
Of course this article was written by a man. Why don't you want to know what women think about the Shari'a law? Check out Youtube for Wafa Sultan - a woman who has lived and suffered under Shari'a.
All nonsense. Good idea - but doesn't work nowadays!
Seriously? CITATIONS PLEASE. You cannot expect everyone to believe anything you write when you just mention offhandedly that Sharia has fixed this in that country, and fixed that in this country.
One of problem of some of the punishments described as per Sharia law is that it does not provide the opportunity to protect the victim in crimes of sexual abuse / rape. Even if the actualy law does not require the victim to bring forth X number of witnesses, you can see the huge problem by examining how many occassions that the laws have been misinterpreted so as to accuse the victim of adultery when rape has not been proven.
The laws may be fine, it may be just. But it gives too much power to one person, the Judge. When a decision which might result in a person's stoning, amputation, lashing or any other form of strong punishment lies in the hands of ONE person who may be influenced by any outside means, the system has a MASSIVE flaw.
"Most law experts in Maldives are of the view that an apostate (renegade) who refuses to repent and continues in the state of unbelief, then the State is under obligation to annul his citizenship." The constitution as it relates to Islam and citizenship is full of loopholes and self-contradictions. The word embarrassing would be an understatement to describe them. No legal expert worth their salt would express such an opinion. It is not tested in any court of law. Besides the Maldives is a signatory to the Optional Protocol to the International Convention on Civil and Political Rights. In spite of the much-publicised reservation, the Optional Protocol subjects the Maldives to international legal judgements on this issue. Ibrahim Nazim, who is going to blink first on this one? Think about it before blurting out a whole lot of regurgitated clichés.
@Wine Lover
"In spite of the much-publicised reservation, the Optional Protocol subjects the Maldives to international legal judgements on this ISSUE."
This issue? What ISSUE?
Just curious. Aren't Singapore, USA, Hong Kong, India signatories?
I think they have capital punishment for certain crimes under their penal code.
tl;dr version: A whole lot of islamist scaremongering from the organization that managed to raise homosexuality awareness faster than 50,000 Queer Ducks could do in 20,000 years.
Sure, it's not a problem if you have a beard the size of manhattan city or wear a buruga out of free will, knowing full well that you are dooming yourself to die a slow, painful death.
The problem comes when so-called muslims oppress people, in the name of Allah. When so-called muslims perpetuate terrible injustice in the name of Divine Law.
With that out of the way, allow me to ask a question to those who are supporting Shari'a law.
Can any one of you show me a country, territory or area under shari'a law today that is free from injustice, free from cruelty, free from ignorance and free from barbarism?.
Its very different to what has been in the past.
Nowadays, children are more intelligent, more aware of the surroundings, know how to seek information, connects the dots together faster...
If Maldivians want Islam to thrive, and to be good muslims, etc, all would need to work hard at it.
a) Agree on what is valid here. Nowadays, depending on how long the beard is, the interpretation of basics also change. This is really bad for a kid.
b) Change the syllabus for the schools. Right now, would you believe it, my son studying is Gr8, Dharumavantha, was memorizing how best to clean yourself after going to toilet, and the book recommends a three sided jagged rock as the top answer? WTF?
c) Muhammed Rasullalahi TV program? I mean is that what you expect the children to watch? For all the money Arabs have got, what shitty program to propagate the divine message? The program would win the worst direction, clarity etc, even in the 1910's evaluations. And the language is not exactly what I expect my kids to use normally. If you want TV as a medium to propagate the message, you have to make it attractive, and pass the information in clear, concise and non-ambiguous language.
d) If you can't be bothered to learn and keep up to date with the technology and teaching methods, don't come ranting afterwards about losing share of faith in Children, and the future of Maldives.
here is an article i just came across titled: Sharia/Decreed Systems and Laws
Sharia is a term that is associated with Islam. All over the Islamic world, Sharia is defined to be the subject or division of issuing Islamic laws. The establishment of Islamic Sharia in all Islamic countries has been always the work of man.
Religious leaders/Imams/Ulamaa/Scholars have always taken the responsibility to compile data to come up with the Sharia Laws. They have assigned themselves to be the guardians of religion and keepers of God's laws. They trained and brain-washed their audience. Although Quran has been always claimed to be their prominent source, the belief that it cannot stand alone as a fully detailed and complete source of divine laws has brought the man-made, Hadith and Sunna books at their disposal as a second source besides the divine word of God for Sharia.
Then, over the years, the human thirst for control and power have played a significant part in formulating and editing Sharia. Religious officials have been tempted to inject their very own interpretations and opinions to those laws to serve their own agendas! Thus, the consensus of those religious officials in one region has become an added, third source for all sorts of false issuings in the name of Islam. Sharia laws have become variable sets of laws within the same country depending on who is in charge, and would also sound different from one Islamic country to another! Many laws that affect economy, politics, justice system, marriage, divorce, inheritance, and religious rituals such as charity have been invented and imposed leading to all the chaos and the inhumane practices all over the world by the hands of Muslims or against them.
The image of God's authorized religion (3:19, 85) has been tarnished and His message has been attacked because of the propaganda of the so-called Islamic sharia that mostly goes against human nature and contradicts the true Islamic laws issued by God in Quran. Moreover, different patterns of contradicting sharia laws of different Islamic regions have been publicized and taught in theology and world religions' classes all over the world only to muddy Islam and add more confusion about the divinity of Quran.
Ironically, Quran mentions all three words - Sharia, Hadith , and Sunna - but in a very different context from the one established by the scholars. Additionally, Quran warns us against following any personal opinions instead of God's teachings and sacred laws (28:50, 47:14) . God is fully aware of how subsequent generations after the revelation of Quran will come up with their own sharia and with their own sources for its laws. Therefore, He insisted on teaching us in Quran the true sharia. He indicated to us that religious scholars have done injustice to their souls and to His truth. They have declared that Quran alone is not enough while God testifies it is complete (6:115), perfect (11:1, 2:2) , fully detailed (6:114), has the explanations of everything (16:89), has the details of everything (12:111), and has all that we need for our salvation (6:51).
The root for the word sharia is "sha ra aa" and it means : to issue laws and practices. The root along with some of its derivatives are mentioned in Quran three times (42:13, 42:21, and 5:48). In addition to that, the word "sharia", itself, is mentioned once in 45:18. In all four verses, God is stating in black and white He is the ONLY entity to issue laws and practices through His scriptures, and that Quran is the ONLY documented divine sharia Muslims/Submitters must follow:
Only One Religion
Monotheists vs Idol Worshipers
[42:13] He decreed (sharaa lakum) for you the same religion decreed for Noah, and what we inspired to you, and what we decreed for Abraham, Moses, and Jesus: "You shall uphold this one religion, and do not divide it." The idol worshipers will greatly resent what you invite them to do. GOD redeems to Himself whomever He wills; He guides to Himself only those who totally submit.
The Idols: Innovating New Religious Laws*
[42:21] They follow idols who decree for them (sharaau lahum) religious laws never authorized by GOD. If it were not for the predetermined decision, they would have been judged immediately. Indeed, the transgressors have incurred a painful retribution.*
Quran: The Ultimate Reference
[5:48] Then we revealed to you this scripture, truthfully, confirming previous scriptures, and superseding them. You shall rule among them in accordance with GOD's revelations, and do not follow their wishes if they differ from the truth that came to you. For each of you, we have decreed laws (sheraah) and different rites. Had GOD willed, He could have made you one congregation. But He thus puts you to the test through the revelations He has given each of you. You shall compete in righteousness. To GOD is your final destiny - all of you - then He will inform you of everything you had disputed.
[45:17] We have given them herein clear commandments. Ironically, they did not dispute this until the knowledge had come to them. This is due to jealousy on their part. Surely, your Lord will judge them on the Day of Resurrection regarding everything they have disputed.
[45:18] We then appointed you to establish the correct laws (sharia); you shall follow this, and do not follow the wishes of those who do not know.
Similarly, the words Hadith and Sunna are used in Quran to warn us against their upcoming, false attribution to Prophet Muhammad or our religion. The word Hadith (narration) occurs to either refer to Quran itself (39:23, 45:6, 68:44, 77:50) or to point out that there should be no other hadith (narration) besides Quran to be followed (7:185,12:111, 31:6, 52:34) . As for the word Sunna (system or way of life), it is interesting to note that it is mentioned 14 times in Quran. Eleven out of the fourteen are referring to God's unchangeable Sunna (15:13, 17:77-twice, 33:38, 33:62 -twice, 35:43 -twice, 40:85, 48:23 -twice). The other three are referring to the sunna or the system of other entities and how we must pay attention to the bad consequences we face when we follow these other Sunnas (8:38, 18:55, and 35:43). This only invalidates any common use or implications of Hadith, or Sunna, specially as a source for sharia laws that rule and control.
Quran: Fully Detailed*
[6:114] Shall I seek other than GOD as a source of law, when He has revealed to you this book fully detailed?* Those who received the scripture recognize that it has been revealed from your Lord, truthfully. You shall not harbor any doubt.
[18:27] You shall recite what is revealed to you of your Lord's scripture. Nothing shall abrogate His words, and you shall not find any other source beside it.
[25:27] The day will come when the transgressor will bite his hands (in anguish) and say, "Alas, I wish I had followed the path with the messenger.
[25:28] "Alas, woe to me, I wish I did not take that person as a friend.
[25:29] "He has led me away from the message after it came to me. Indeed, the devil lets down his human victims."
[25:30] The messenger* said, "My Lord, my people have deserted this Quran."
i am really surprised to see such an article from this site, anyway thanks for publishing ...............birahim nazim well written...........keep it up.........by the way their wont be any system or ideology that will score 100% vote..........let their ideas be different.
@Ahmed Aliased
"Can any one of you show me a country, territory or area under shari’a law today that is free from injustice, free from cruelty, free from ignorance and free from barbarism?."
You don't even know how to ask a question!
You are the one who is advocating AGAINT Sharia Law. So it is incumbent upon you to mention the countries that have injustice, cruelty, ignorance and barbarism BECAUSE of Sharia Law! Only then can it be deemed that you cleared the ball out of your court!
You hit the air so the ball is still in your court!
Remember to AIM and hit this time!
@Ahmed Aliased
“Can any one of you show me a country, territory or area under shari’a law today that is free from injustice, free from cruelty, free from ignorance and free from barbarism?.”
You don’t even know how to ask a question!
You are the one who is advocating AGAINST Sharia Law. So it is incumbent upon you to mention the countries that have injustice, cruelty, ignorance and barbarism BECAUSE of Sharia Law! Only then can it be deemed that you cleared the ball out of your court!
You hit the air so the ball is still in your court!
Remember to AIM and hit this time!
@Ahmed
"my son studying is Gr8, Dharumavantha, was memorizing how best to clean yourself after going to toilet, and the book recommends a three sided jagged rock as the top answer? WTF?"
Ask your son or even yourself, if by an accident got lost in an island how to clean? Pull down toilet paper from the sky?
I think your are talking about "worst case scenario cleaning" ?
If your son is taught doings things the hard way he will find his own solutions in all other cases in life! Is that so hard to grasp?
@Marina
"Good idea – but doesn’t work nowadays!"
Good ideas WORK only if there is a WILL!
@Baazu
"These kind of ignorance will not workout in an educated society."
Well! Evolution of Man. A theory based on the lie of a man called Darwin. It works well for some people in educated societies!
@Baazu
Sharia law practiced where ever it is done is not Islamic or based on Quran. (For instance stoning to death is not prescribed in Quran ad killing of apostates are also not prescribed in Quran).
That is debatable!
What about Zakath, Prayers, Hajj ?
Are these duties fulfilled exactly as given in the Quran or IS it given in detail? If it did it would have to run to several volumes, I suppose!
Go back to your school text books. Do they come in several volumes or is it just the important things you need to know summed up in one book?
@Baazu
"Sharia law practiced where ever it is done is not Islamic or based on Quran. (For instance stoning to death is not prescribed in Quran ad killing of apostates are also not prescribed in Quran)."
That is debatable!
What about Zakath, Prayers, Hajj ?
Are these duties fulfilled exactly as given in the Quran or IS it given in detail? If it did it would have to run to several volumes, I suppose!
Go back to your school text books. Do they come in several volumes or is it just the important things you need to know summed up in one book?
Hec, THE ISSUE is freedom of religion. No those countries are not signatories to the Optional Protocol but the Maldives is (acceded 16 September 2006). That subjects the Republic of Maldives to the jurisdiction of International Law on this ISSUE. Article 1 of the Optional Protocol states
"A State Party to the Covenant that becomes a Party to the present Protocol recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the Covenant. No communication shall be received by the Committee if it concerns a State Party to the Covenant which is not a Party to the present Protocol. "
Understood?
@Ahmed
"Muhammed Rasullalahi TV program?..For all the money Arabs have got, what shitty program to propagate the divine message? The program would win the worst direction, clarity etc, even in the 1910′s evaluations."
Good point. I agree. Could have been much better!
But if you wanted to see that lady on "Yousuf Part" doing all her nasty work - and see all the Prophets' (PBUT) faces, then I don't agree.
The quality is BAAAD! But the MESSAGE is clear!
I reckon its really FREEDOM OF RELIGION, but rather freedom to do whatever you want(sleep around, get wasted...etc) that this so called 'liberals' are missing. They don't give a damn about following a religion. But, in order to pursue their so called freedom, 'freedom of religion' is the door.
On a different note, good article. I know non-muslim Americans working in Saudi Arabia who are very happy with the security that Islami-Sharia gives them.
@heck You had missed my point, what I was saying was that the extremists threw out the baby with the dirty bath w2ater so to speak. Of course, we know that the Sunnah is the way to interpret Qur'an and that Rasul (SAW) is meant to be a living expression of Qur'an, but a lot in Sunna was for a specific time aqnd place and was applied not through science or reason but as it was. The extremists eradicated the iuse of contextual analysis of Qu8r'an and Sunna which lead to it being missapplied or applied out of context. For esample, as to death for riddah, in depth analysis of the Sunnah and Qur'an reveals that it was meant in the context that the Kafirun were attacking Muslims. This was demonstrated by the fact that at times, Murtadd were spared when they were totally non-threatening. Yet, peaceful people were often put to death accused of apostasy and were killed for nothing bu8t political reasons, they refused to actively support a Caliph allthough they also did not fi8ght that Calipoh. Also, please understand, reason and the spirit of science were developing in the Muslim world and modernism could have started in the Muslim world but the Hanbali's put an end to it in the name of fundamentalism, and this is the road the advocates of Shariah (most) wish to take Maldives town. For example, on whipping for zina, why does a man escape it so easily, why, because no DNAS testing in Sunnah... Why is it they used four male witnesses was because most relaible at time for witness, but now that more reliable evidence available it must be utilised. I am saying, the use of four witnesses (male) was nhot an end in itself but a means to an end, the end, using the best available evidence, this the Niyat, the intention. The means has been preserved but the end, the purpose lost. Which is to say, without reason and understanding principles behind Sunnah, Sunnah and Qur'an are not enough and if implemented without context and reason they deliver injustice and tragedy rather than the Adhaalath (equitable justice) intended...
@heck. If people spend more time to read and understand Quran, rather than beating around the bush, they will see that Quran is a "complete book & nothing is left out of it.Quran explains how to conduct contact prayers, zakat, and Hajj in it's pure form (like the timings of salat, positions, indications of what to recite etc., how to give Zakat, and so on). Let me ask you a question...in which Hadhith book you saw the number of sets (rakat's) to be performed in salat?
Well, all I can say is Sharia law if based on Hadhith is a creation of human being as much as the laws we pass in the parliament!
@ heck. Show me one verse in Quran, where stoning to death is prescribed. All literature prescribing the same is outside Quran, and falsely attributed to Prophet Mohamed. That is why we cannot trust those advocating Sharia Law which is outside the boundaries of what God have revealed.
"Non-Muslims visiting Saudi Arabia and other gulf states are more secure than those visiting South Africa and Latin American countries."
There's a reason for that you know =/
It's hilarious how people still think those countries are the epitome of civilization.
I think we've passed beyond using fear to rule the masses.
Oh no I think fear to control the masses has only begun. 9 years ago on Sept 11 2001. In the biggest secular democracy in the world.
Don't bother.
God has made this world, created everything flawlessly. Except for the humans/human nature. Which since time began, has been at each others throats, literally.
And them humans are blamed for it.
So, one thinks, why create at all? For torture in hell? May be. Must be!