Hello, Brother.
There are four aspects of
Shariah (Islamic Law):
1. The Shariah applied to Non-Muslims in Non-Muslim lands.
2. The Shariah applied to Muslims in Muslim lands.
3. The Shariah applied to Non-Muslims in Muslim lands.
4. The Shariah applied to Muslims in Non-Muslim lands.
1. As for the first one of these, such a concept does
not exist. Non-Muslims have this popular misconception that Muslims are calling for Shariah to be enacted upon Non-Muslims in Non-Muslim lands. This is ridicolous and absurd. Not only does it not find any basis in Islam, but rather it would just be the most wishful and bizarre thing and could never happen. Those who would call to such a thing--and those who would fear such a thing--are being silly, because there is no way that such a thing would ever happen. Indeed, when the Muslims call for "Shariah in the West", they are referring to the fourth situation above (Shariah in regards to
Muslims living in Non-Muslim lands), which we will discuss shortly.
2. As for the Shariah towards Muslims in Muslim lands, it would apply as follows:
(a) Alcohol: Punishable by flogging of forty stripes.
Alcohol is a dirty and filthy thing which has ruined many lives and it does not benefit anyone in the least. The removal of alcohol from society only makes society better, not worse. It is just another drug, just like cocaine and heroin. It has ruined more lives than both of these drugs, in fact. The penalty for such Satanic substances should be very high, and this is a deterrent and it is a measure which protects society and it is for the good of the people. I support strong law enforcement in this area. Punishing people for partaking in such evil is a good thing and it is not at all evil.
Oftentimes, the greatest proponents against such "harsh punishments" are Christians, and yet we find these same punishments or worse in the Bible. In fact, in the Bible, the drunkard is not only whipped but he is in fact stoned to death. The Bible reads:
Deuteronomy » Chapter 21
21:20 The parents must declare to the elders of his city, 'Our son here is wayward and rebellious. He does not listen to us, and is a glutton and drunkard.'
21:21 All the men of his city shall then pelt him to death with stones, so that you will rid yourself of the evil in your midst.
We find that forty lashes have been proscribed in the Bible itself:
Deuteronomy, 25:2-3
25:2-3:
"If the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to his fault, by a certain number. Forty stripes he may give him"
It should be noted, however, that the punishment for alcohol is applicable only to Muslims, and NOT Non-Muslims. We shall discuss this below, Allah Willing.
(b) Woman's Appearance
The following is the minimum covering for
Muslim women:
The Hijab (headscarf) is obligatory.
What is MANDATORY is for a woman to cover everything except her face, hands, and feet.
Allah commands in the Quran:
"And say to the believing women to lower their gazes, and to guard their modesty, and not to display their (bodily) adornment except what is apparent of it, and to throw their headcoverings (over) to cover their bosoms, and not to display their adornment except to their husbands..." (Quran, Al-Nur:31)
The Prophet's wife said: “
The Messenger of Allah...said: '...no part of her body should be seen except this' - and he pointed to his face and hands.”
There are a few requirements in the Islamic dress code for women:
The First Requirement: The Extent of Covering
This is the entire body aside from the face and hands, as mentioned above.
The Second Requirement: Thickness
The garment should be thick and opaque so as not to display the skin color and form of the body beneath it. Delicate or transparent clothing does not constitute a proper covering.
The Prophet (s) said:
“There will be in the last of my Ummah (Islamic nation), women who will be dressed but naked, who go astray and make others go astray; they will not enter Paradise nor (even) smell its fragrance, although it can be smelled from afar.”
The Third Requirement: Looseness
The clothing must hang loosely enough and not be so tight-fitting as to show the shape and size of the woman’s body.
Prophet Muhammad (s) advised a husband to inform his wife not to wear a certain cloth because it was too tight fitting. The Prophet (s) said:
"Tell her to wear a thick gown under it for I fear that it may describe the size (i.e. shape) of her limbs."
General Requirement
The Muslim woman should have a loose and flowing outer-garment around herself. Allah says in the Quran:
"O Prophet! Say to your wives and your daughters and the women of the faithful to draw their outer-garments around themselves; that is better that they will be recognized and not annoyed. And God is ever Forgiving, Gentle." (Quran, 33:59)
Notice that the Quran makes this commandment so that women will be RECOGNIZED (i.e. as upright women of repute) and not be annoyed (i.e. sexually harassed).
However, the following rules are *not* applicable to Non-Muslim women, as we shall discuss soon, Allah Willing.
(c) Freedom of speech (including freedom to mock and insult a religion)
Islam does have a level of freedom of speech, but it is not absolute, because that would entail the permissibility of hate speech, racism, slander, etc. For example, racism has been explicitly forbidden in the Islamic texts, and it would be forbidden for someone to propagate racist texts under some premise of freedom of speech.
As for mocking and insulting religions, Islam forbids the mocking of Islam as well as of all other religions. Muslims are forbidden to mock another person's faith. Allah says in the Quran:
"If it had been Allah's plan, they would not have taken false gods: but We have not made you one to keep watch over their doings, nor are you placed in charge of their (own) affairs. And do not revile those whom they call upon besides Allah, lest they wrongfully revile Allah through ignorance. Thus unto every nation have We made their deed seem fair. Then to their Lord shall be their return, so He will inform them of what they did." (Quran, 6:107-108)
And Allah says:
"O you who believe! Let not some men among you mock at others: It may be that the latter are better than the former: Nor let some women mock at others: It may be that the latter are better than the former: Nor defame nor be sarcastic to each other, nor call each other by offensive names" (Quran, 49:11)
Therefore, in an Islamic state, what is forbidden are mean-spirited attacks, mockery, belittling, insulting, and abusing of other peoples' faiths. This would come under the same classification as mocking a race of people. It should be noted that this does not refer to one who engages in courteous debate and healthy dialogue but to the one who insults, mocks, uses abusive language, curses, lies about, and slanders the faith.
Basically, under a Shariah state, all hate speech would be forbidden, including hate speech aimed towards various races, ethnicities, religions, people, etc. This includes not only Muslims but against any group of people.
In a Shariah state, all citizens must pledge
Baya'ah (oath of allegiance) which must be taken at the hand of the Caliph or designated official. This oath must be taken at the time of maturity (i.e. when one becomes an adult). This oath contains the condition that blasphemous attacks against Islam are not permitted. In exchange, the state promises to protect the citizen's life and prosperity.
Therefore, a person who then launches into blasphemous attacks against Islam is in violation of this oath, and he is asked to repent. What is meant by blashphemous attacks is not genuine questions or concerns about the faith, but rather what is meant by this is slander, lies, mocking, belittling, and viscious attacks. However, genuine dialogue is not forbidden, so long as the person is courteous and appropriate. There is a lot of evidence for this view, because historically there were many healthy debates with Non-Muslims that not only were allowed but also which shaped Muslim theology.
It should be noted that in an Islamic government, the actual punishment for such blasphemy would likely never be carried through, as it is symbolic in nature and only as a deterrent. If a person would write slanderous things about Islam, and then he was arrested for that, and threatened with the death penalty if he did not repent, it is highly likely that he would refrain from that with the threat of death. Indeed, nothing could prevent him from fleeing the country and continuing his campaign of disinformation there. Therefore, the Islamic Law against blasphemy is only as a deterrent to prevent people from engaging in abusive attacks against Islam in the lands of the Muslims whilst feeding off the land of the Muslims. It is even allowed for him to engage in healthy dialogue and appropriate debate so why must he resort to attacks and abusive language?
From a practical viewpoint, the penalty would likely never be administered, since the person is given a chance to stop attacking Islam. And who would wish to mock the faith so much that he must continue to do so even under the threat of death? Hence, this penalty is simply one of deterrence. Any offender is first given repeated warnings to cease and desist, and it is only if he is obstinate in his mockery that the punishment would ever be carried out.
One further note: many Jews and Christians criticize the Muslims for such a harsh penalty for blasphemy, but little do they know that the death penalty is advocated for this in the Bible:
Deuteronomy 13:6-9
"If your very own brother, or your son or daughter, or the wife you love, or your closest friend secretly entices you, saying: Let us go and worship other gods (gods that neither you nor your fathers have known, gods of the peoples around you, whether near or far, from one end of the land to the other, or gods of other religions), do not yield to him or listen to him. Show him no pity. Do not spare him or shield him. You must certainly put him to death. Your hand must be the first in putting him to death, and then the hands of all the people."
Deuteronomy 17:3-5
"And he should go and worship other gods and bow down to them or to the sun or the moon or all the army of the heavens, .....and you must stone such one with stones and such one must die."
2 Chronicles 15:13
"All who would not seek the LORD, the God of Israel, were to be put to death, whether small or great, man or woman."
In the Bible, we read how anyone who curses his mother or father should be killed, so what about cursing one's religion? Surely, that is a greater sin than cursing one's parents.
Matthew 15:4
"For God said, 'Honor your father and mother' and 'Anyone who curses his father or mother must be put to death.'"
Exodus 21:17
"Anyone who curses his father or mother must be put to death."
In conclusion, a citizen may not attack Islam while in the lands of Islam. This refers to attacks (i.e. abusive language, mocking, insults, slander, lies, etc) but it does not refer to healthy dialogue and civil debate.
(d)
Adultery
The punishment for adultery is administered ONLY to Muslims, not to Non-Muslims.
I explained the punishment for Muslims in the previous thread:
http://forums.civfanatics.com/showpost.php?p=5068868&postcount=994
(e) As for homosexual acts, they are considered the same as
Zinnah (fornication/adultery). Hence, the same rules apply.
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Non-Muslims in Muslim Lands
(a)
Alcohol: It is permissible for Non-Muslims to drink alcohol. Hence, obviously there is no punishment for that.
(b)
Woman's Public Appearance: The Islamic dress code is *not* applicable to Non-Muslim women. They would *not* be required to wear the
Hijab (headscarf) or veil. In fact, in the early times of the Islamic empires, Hijab was considered an honor usually only for Muslim women, a sort of status symbol that placed them above Non-Muslim women who bared their cleavage and thereby lowered their status in the eyes of the people. Of course, if a Non-Muslim woman *wanted* to wear the
Hijab, then by all means.
(c)
Freedom of Speech: See what I wrote above.
(d)
Adultery: The punishment for adultery is not applicable to Non-Muslims.
The Islamic Punishments On Non-Muslim Peoples?
In general,
none of the
Hadood (Islamic Punishments) are applicable to Non-Muslims. In fact, the Non-Muslim populations are allowed to make their own laws in these matters, and punish their people based on their own laws.
When Prophet Muhammad (s) ruled Medinah, there were some Non-Muslim tribes in that city. The Constitution of Medinah, drafted by Prophet Muhammad (s), was called the ‘Saheefah’. In that Constitution, a clause states that it was allowed for individual tribes--who were not Muslims--to refer to their own religious scriptures and their learned men in regards to their own personal affairs. They could though, if they opted, ask the Prophet (s) to judge between them in their matters, as Allah says in the Quran:
“If they do come to you, either judge between them or decline to interfere.” (Quran 5:42)
So this is in the Quran itself. Non-Muslims have nothing to fear with Shariah, as they would be allowed to rule by their own wishes. If they *wanted* to use Islamic Law, then that is upto them. Otherwise, the Quran states clearly that we are not to interfere.
For example, the Jews of Medinah were allowed to punish adulterers based on the Law of the Torah. And there are many other examples.
In the context of today, it would mean that every people would be allowed to rule themselves according to the way they wished themselves to be ruled. In today's climate, I'm sure that would be a secular law, and that's fine: Non-Muslims can rule themselves as they see fit.
The Islamic Punishments are for Muslims only. Contrary to the xenophobia present in the air today, nobody is calling for Islamic punishments to be implemented on Non-Muslims.
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As for Muslims living in Non-Muslim lands, they should request their government to allow them to rule themselves under their own Islamic Law. This is just like Muslims would allow Non-Muslims to rule under their own law in the Land of the Muslims. So the Muslims could ask for reciprocity in this manner, so that the Muslims in Non-Muslim lands could be ruled by the way they saw best, instead of having to follow an alien law.
However, if such a government refuses, then all Islamic Punishments and stipulations that are to be enacted by the government and state are temporarily suspended because vigilante justice is not permitted. In such a condition--such as Muslims living in America or other European countries--the Muslims should apply the Shariah (Islamic Laws) in their personal matters, such as abstaining from alcohol, fornication, etc, and know in their hearts that although no punishment will be given to them in *this* life, Allah will give it to them in the next.
Wow, I think I typed an entire book. Just trying to give a complete answer, because it is usually short answers that lead to miscommunication and assumption.
EDIT: It should be noted that sometimes I used the term "Shariah" (Islamic Law) and "Hadood" (Islamic Punishments) interchangeably even though technically this is incorrect, because the
Hadood is only ONE minor aspect of the
Shariah.
Take care, Brother.