“There should be ‘modernisation’ of Shariah law to some extent,” claimed Shamrahayu A Aziz, a professor of criminal law and human rights from Malaysia’s International Islamic University, who visited the Maldives last weekend for a discussion on faith and legislature.
“However, Shariah cannot tolerate the denial of the basic teachings, especially when there is clear text in the Quran or sunnah,” she added.
Aziz made the claims to Minivan News this week after having been invited to speak in the country by the Justice Society of the Maldives for an academic discussion on the ‘Death Penalty in Law and Shariah’. The discussion was designed to provide a comparative approach between “traditional Islamic views” on corporal punishment and its contemporary use in certain jurisdictions, she added.
Under the Maldivian constitution, Shariah is turned to by the courts in areas where established law does not cover, though the number of people actually sentenced to sharia mandated punishments like the death penalty in the last few decades has been limited to three cases that have not been carried out to this date. The most recent call for the death penalty was issued just last month in relation to an alleged gang killing.
Aziz said that when considering the possible “modernisation” of Sharia concepts such as the death penalty, Islam has specific texts within the Quran relating to a “comprehensive system of life” that cannot be amended to better comply with external standards or humanitarian agreements.
“In analogy, [the] Islamic system is built in a chain or circle. There must not be any break in the chain. If a break happens, Islam therefore is not a complete chain and it cannot be a comprehensive system of life anymore,” she said. “In order to fit in the ‘modernisation’ process, the stringent requirement in [legal] proceedings and the conviction process is very helpful.”
According to Aziz, it remains a “misconception” to perceive Sharia solely as a form of justice built around corporal and capital punishment, particularly when Islam does not itself try to encourage violence.
However, Aziz claimed that particularly in consideration of international concepts and conventions on human rights, Sharia could play an important role in raising awareness “on the importance of protecting the general public.”
“No one can arbitrarily be killed by another without reason,” she said.
Taking the example of a hypothetical domestic violence case, Aziz asked that when a person is arbitrarily murdered, in order to respect the victim’s rights, should a murderer be liable for the arbitrary act that has been committed?
“I accept the fact that killing a person is cruel. But the Islamic punishment of death penalty is not something encouraged. As much as possible death penalty must be avoided,” she said. “That is the reason why the punishment can be imposed and the sentence may be carried out in some exceptional situations.”
Aziz claimed that these situations are outlined under stringent criminal law that requires specific procedural process, with only certain types of evidence being allowed to be used as a basis for proceeding with execution.
“The death penalty is not the first resort in the punishment list. It stands at the last, the bottom [of the list],” she said. “Islam encourages compassion and forgiveness. Islam does not teach Muslims to kill. There are various verses in the Quran which state the clear position on the prohibition of killing.”
In looking at how Sharia could and had been adapted in line with human rights, Aziz took the example of blood money as an indication of how Islamic law can be focused on benefitting victims.
In a case where a person in arbitrarily murdered and they may have a young family remaining, Sharia is said to call for provisions of financial support to ensure a more stable upbringing from the guilty party.
“At least, with the payment of the blood money the children can continue living. This is in line with human rights as the rights of the children for a living after the killing of a father and the only breadwinner of their family must also be taken care of,” Aziz said.
Aziz stressed that his lecture was not specifically meant to address the current situation and attitudes regarding the death penalty in the Maldives.
“I am not the right person to tell maldivians what is best for Maldives,’ she said. “It is left for Maldivians to address the issue and to tackle the sentiments of their [fellow countrymen].”
However, the issue of using the death penalty in Maldivian law was thrust back into public debate last month when the Criminal Court of the Maldives sentenced Mohamed Nabeel to death for the murder of Abdulla Faruhad, following a review of witnesses statements and finding him guilty of the crime.
The Judge said that article 88[d] of the penal code of the Maldives stated that murders should be dealt accordingly to the Islamic Shariah and that persons found guilty of murder ”shall be executed” if no inheritor of the victim denies the murderer to be executed, according to Islamic Shari’ah.
Correction: An earlier version of this article, sourced from an email interview, mistakenly referred to Aziz as a he. Minivan News regrets the error.
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@ larry page
“Facts are things like:
- Obama is the president of USA
- Objects fall when released in mid-air
- Their acceleration is constant irrespective of its mass.
- Speed of light is not dependent on the motion of the observer”.
In other words you don’t accept things which you don’t see from your own eyes. I think you would agree me on the fact that, laws and facts existed since the beginning of time. But these are being discovered by doing research and investigation.
Let’s travel back in time and hypothetically say that you or someone else living in this world about 50 years ago. What would you or that person say about the motion of the sun at that time? People thought that the sun was stationary. According to your definition of ‘facts’ you would have said “the fact is that the sun is stationary”. You said this because you did not know about this fact.
But the fact is the sun revolves around it own axis at the same time it orbits around the galactic centre since the beginning. However we can say these facts were known or found out on so and so date..
I would request you to read the Qur’an with understanding.
Then you would be in a better position to analyze them.
I want to ask you what is irrational or illogical about the Qur’an. If you want to read the English translation here is the link.
http://www.allahsquran.com/read/index.php
Hope you would at least read a major part of the Qur'an and then comment on it. Note that Qur'an is not arranged the order like the story books. So you can read from any chapter.
@ ismail
"If there is a god, he would create man as free beings, to enjoy life and live socially. YOur version of religion is created for men, by men; with raging hormones, wanting excessive sex, power and materialistic world".
If there is a god we would only know what He wants when He says so. That is as simple as that.
But since you dont believe in God that arguement is irrelevent. It is actually difficult for humans to comprehend the existence of creator Who has no beginning and an end. But simply because something is difficult to comprehend and verify does not necessarily means it is not true. It can be either be true or false.
We only know about god from what He says.
Who created the Universe and the life?. Did it come by chance. You can observe the universe and life through experimen, observation and investigation. But to say that you dont see the creation process by yourself does not necessarily means that there is no creator.
I am sure that you also would accept the fact this is an amazing Universe with intelligent design and cause. A mere chance for its coming is illogical incomprehensible.
@ Ismail
@ Hussain
Guys! Your debate will never end. It's a debate that has been going on for centuries. There will never be a "winner" as such in this debate.
It is a debate of "Religion & God" (be they Muslim, Christian or Jewish) vs. those who don't believe in a monolithic God.
It is debate of "FAITH & BELIEF" vs. those who try to find "logic & reasoning" applying their minds (which in turn is limited and influenced by their own education, upbringing, individual "knowledge", perception of good and evil, "belief", geography, philosophy, culture and many other factors).
Humans in their search for the "ultimate eternal truth" are limited and constrained by their "five senses" in seeking knowledge, reality and the "ultimate "truth".
So, "there is and will be no end" to this argument till the end of time.
It all boils down to the fact that Religion is about "Faith & Belief" while "Atheism" is just a matter of "Belief" concluded by their own observations.
@ Ilyas Ahmed
Why is that when it comes to our religion we get agitated easily? Why for a Muslim, the world begin and ends with Quran?
I have studied in Delhi, my Indian friends used to make fun of each other (religion included). Why we are so sensitive?
Ilyas Ahmed on Sun, 19th Dec 2010 1:30 PM
@Ilyas Ahmed on Sun, 19th Dec 2010 1:30 PM
Yeah. True.
It's just that these idiots claims are so stupid n unbelievable. They don't realize, for a creator, it's just nothing to formulate exactly how a system will behave. So, why n how in the fxxx can a human or anything else behave in a way that the creator did not want to?
Why have it all written in a book, when all u need is a tweak in the DNA gene?
Why in Arabic, when those who understand it is less than 3%.
if we step out of bounds, creator can sweep his hands once again, a whole new world will begin, and ours obliterated.
Why are these idiots taking enaction of gods punishment as their salvation n proving their religious steadfastness?
I think it goes beyond religion. It's a means of elevating yourself from slums, ignorance, stupidity to those status of who work logically, betterment of family, nation, etc. It's a means of financial benefit for some. It needs to be studied in detail, psychologically. Why some half educated axxholes want to exploit the ignorant to their egotistic benefits.
@ismail
Some people think they are very logical and scientific. But they are very much confined in their ignorance. God refers to such people as follows. “The deaf, the dumb, the blind, they will not return to the Truth”.
You have not tried to reply the points I have raised but have rather poured out the filth. This is the reason why we require guidelines and a system of life which is called “Dheen” or translated as “The way of life”
Just give one logical explanation of how this universe came about. I believe in logics and science. And if you can prove to me I will accept it.
@ Ilyas Ahmed
This not a question of who wins. This is a question of Truth and falsehood. If one says that 1+1 = 3, do we have to accept this?
@ Zeenat
Very true indeed! But I can assure you that it doesn't apply to all Muslims.
I am a muslim too and I consider my religion as something between me and God. Something personal. I would still like to believe that most of us think in the same way.
I do not believe in these fanatic, fundamentalist and extreme ideology that is spreading in this country like wild fire; and all under the name of "Islam".
I see this as the biggest threat to the existence of this country as a Nation. The "Unitary Dhaulath" as stated in the Constitution will not exist for long the way things are going on.
Long before the predicted "Sea Level Rise", we will all drown in this sea of hatred - another failed muslim state like Afghanistan, Pakistand, Yemen or Somalia.
@Hussain
Youve asked valid question on creation of universe.
My answer is : I don't know. But I will not take the answer as simply God created it. Certainly not the one you are claiming.
This is my view. As per u I am already doomed. I'm ok with that too. Im not interested in what ur god thinks about me. I don't expect u to understand me either.
A supreme being may have created it. But the scenario u r painting creates more implausible variations in logic which I believe would not be there if the real creator had intended life here on this earth be monitored, measured and judged.
Life, is extremely complex, creation is certainly beyond our comprehension. To tout supreme being has communicated to us to do this and that in life here on earth, is outrageous! If creator wanted us to have no brains, we would not have it.
But I also know it is easy to standby some unprovable claims that god has spoken to human beings on ways of life.
@ Ismail
"My answer is : I don’t know"
If you can't answer it with 'by chance' that means you don't deny that the universe was created by Allah.
Quran, 41:49-51
When We bestow favours on man, he turns away, and gets himself remote on his side (instead of coming to Us); and when evil seizes him, (he comes) full of prolonged prayer!
@ Ismail
“Life, is extremely complex, creation is certainly beyond our comprehension. To tout supreme being has communicated to us to do this and that in life here on earth, is outrageous! If creator wanted us to have no brains, we would not have it”.
The very first point of you is very right. Creation is a difficult thing to comprehend. But the point is when the human mind finds it difficult to believe in something, his imagination would not always show him the fact and reality. What he concludes could be true or false.
This is why God sends messengers and revelations to explain these things. The final revelation from God is the Qur’an. Why we should believe in such a book? I think you better read this book and verify yourself. If the source of the contents is human then you would find many contradictions, scientific errors, grammatical mistakes etc in this Book.
Until fairly recently, it was thought that a baby's sex was determined by the mother's cells. Or at least, it was believed that the sex was determined by the male and female cells together. The Quran states that sex is determined by the sperms. And this is mentioned in the verse 53: 45,46 (http://www.allahsquran.com/read/verses.php?ch=53) "He has created both sexes, male and female from a drop of a sperm which has been ejected."
You would find many verses in the Qur’an which a human being would not have know 1400 years ago. And none of these verses contradict with the established science.
Take some time and read.
The Creation and God can only be understood with the help of the Qur'an.
@ heck
"Sea Level Rise"
Where would U flee heck? Saudi or Pakistan?
Hmmm. I will opt for a secular, moderate, democratic country - India is fine.
@ Ilyas Ahmed,
U R right. I am trying. Whenever and wherever I get chance, I try to tell people that its between us and Allah and not to get brain-washed by Salafis. I will be the last to discard basic Maldivian culture or ideology than embrace Arabic one.
@hussain,
"This is why God sends messengers and revelations to explain these things. The final revelation from God is the Qur’an".
All holy books contains the same. Some even more. Islam which is 1400-1500 years old was initially meant for Arabic world. Arabs were nomadic people and to make them civilized Islam evolved and nobody would have had imagined that Islam would spread beyond Arab boundaries.
@ zeenat
“All holy books contains the same. Some even more. Islam which is 1400-1500 years old was initially meant for Arabic world. Arabs were nomadic people and to make them civilized Islam evolved and nobody would have had imagined that Islam would spread beyond Arab boundaries”.
This is the sad thing. Even the Muslims do not know what is in their Book. So how do we expect others to know them? Islam is not 1400-1500 years old. It has been there since man set foot on the earth. The final messenger prophet Muhammad (pbuh) was not send for the Arabs or a particular group of people.
From your comment I clearly realize that you have not read or understood the major portions of the book.
In fact Allah says in His book in Ch21, v107 “And We have not sent you, [O Muhammad], except as a mercy to the worlds”.
I have to agree that there are certain practices among Muslims that are purely cultural based. This includes western and arabic as well. And there are black sheep in every community. But we cannot relate these people in any way to Islam. We have to judge Islam not by its followers.
@ zeenat, ismail
Qur'an (3:7)"It is He who has sent down to you, [O Muhammad], the Book; in it are verses [that are] precise – they are the foundation of the Book – and others unspecific. As for those in whose hearts is deviation [from truth], they will follow that of it which is unspecific, seeking discord and seeking an interpretation [suitable to them]. And no one knows its [true] interpretation except Allah. But those firm in knowledge say, "We believe in it. All [of it] is from our Lord." And no one will be reminded except those of understanding.
@hussain
You have stated your views clearly. Thats good. I cant say that to a lot of defenders/promoters of religions. Most bank towards their way or no-way.
But can you clarify on what you said. "And there are black sheep in every community. But we cannot relate these people in any way to Islam. We have to judge Islam not by its followers."
The question is "If not by followers, then by whom?". Be logical. Even if there is a highway to heaven, what good is it, if there are no people on the road. The sole and whole objective of such a road becomes useless if it falls apart at the seams.
@ismail
I mean we cannot blame Islam as a whole for what its followers do. Because very often people say that Islam is so and so...we cannot blame Islam for the actions of certain elements in the community. The source of Islam is the Qur'an and the sayings of the Prophet (pbuh)
But since you don't believe in God, these things will be senseless and irrelevent!
I have been logical in all my arguments. Because i believe in logics and that's why I say that the contents in the Qur'an cannot be from a human source.
Can we ask someone who has never experienced cold how is it like being in the arctic? So I request you to read the Qur'an with an open mind. There is no harm anyway. I believe that knowledge is very important to make a human being a real human being. Surely I would not know the functioning of human body without studying biology and other related science. In the same way we would not know about the universe without studying it.
In the same way we would not really know to argue about the Qur'an without reading it or knowing it.
Actually there are many verses in the Qur'an which says to replect on the living things, the world and universe.
Qur'an 4:82 "Then do they not reflect upon the Qur’an? If it had been from [any] other than Allah, they would have found within it much contradiction".
I just hope that you would read this book and let me know your thoughts on it. Because I myself is studiyng it.