islam is a system
Islamic system, sharia law accommodates everyone Muslim or not. Only Muslims are obligated to perform and implement laws which require faith such as rituals and family law. Non-Muslims are required to follow laws which do not require Islamic faith and is in the interest of community such as jizya, Islamic economic laws, criminal laws, ethical moral laws and other state laws. Non-Muslims can follow their religious laws among themselves as long as it doesn't impede Islamic administration of law and governance or contradicts public interest determined by Islamic law, Usool and Qawaid. This is Islamic multiculturalism and inclusivity, way more than what west allows to minorities. In west the legal system is monolithic. Such an Islamic multi legal system will have conflicts and all will be settled in Islamic court which also will consider the non-Islamic religious laws for non-Muslims. Think of it as Islamic law and minority law like federal law and state law. A reference to administer this multi legal system can be such: Muslim to Muslim is Islamic law, Muslim to non-Muslim is Islamic law and non-Muslim to non-Muslim their law agreed by them and allowed by Islamic judiciary. These Islamic laws are to be monitored, implemented and managed by Islamic government.
Understand that Islamic law, legal system and governance are based on Quran and Sunnah. They provide the theoretical and functional details. However, implementation details and it's efficacy will depend on the human capital serving Islam and the type of country the Islamic government inherits or attains the authority of. Islam will work as much as people serving it make it work. Ignorant people will make Islam work lesser than intelligent pious people. In comparison ignorant people will make Islam fail and make it impotent.
Islam will change the upbringing of people and their cultural existence towards a divinely just, humane and ethical one. Islamic laws are designed by God in response to human psychology, and by design its activity in society will achieve these changes. Islam aims to change the people in general by changing their upbringing and cultural existence. This change will be collaborative and productive for other changes that Islam will make in political, economic and social levels.
With these changes for example some of the harsh Islamic laws will act as great deterrence to crimes. Now deterrence does not work if punishments are not publicized rather implemented in isolation and secret. Today we can use digital media to publicize thee punishments and instill fear and sense into people. The model of legal system will not be to send sane adult criminals to rehabilitation but to the gallows that is punishment. We don't change the mindset of criminals once they commit crimes but we change it in their upbringing and cultural existence because performance of crimes beget justice not mercy. Islamic punishments be publicized or else deterrence will not work.
Related reading:
www.researchgate.net/publication/346934817_Everything_About_The_Shariah_Law
www.researchgate.net/publication/347424572_The_Islamic_Society_The_Sociological_Perspective_4th_Ed
Understand that Islamic law, legal system and governance are based on Quran and Sunnah. They provide the theoretical and functional details. However, implementation details and it's efficacy will depend on the human capital serving Islam and the type of country the Islamic government inherits or attains the authority of. Islam will work as much as people serving it make it work. Ignorant people will make Islam work lesser than intelligent pious people. In comparison ignorant people will make Islam fail and make it impotent.
Islam will change the upbringing of people and their cultural existence towards a divinely just, humane and ethical one. Islamic laws are designed by God in response to human psychology, and by design its activity in society will achieve these changes. Islam aims to change the people in general by changing their upbringing and cultural existence. This change will be collaborative and productive for other changes that Islam will make in political, economic and social levels.
With these changes for example some of the harsh Islamic laws will act as great deterrence to crimes. Now deterrence does not work if punishments are not publicized rather implemented in isolation and secret. Today we can use digital media to publicize thee punishments and instill fear and sense into people. The model of legal system will not be to send sane adult criminals to rehabilitation but to the gallows that is punishment. We don't change the mindset of criminals once they commit crimes but we change it in their upbringing and cultural existence because performance of crimes beget justice not mercy. Islamic punishments be publicized or else deterrence will not work.
Related reading:
www.researchgate.net/publication/346934817_Everything_About_The_Shariah_Law
www.researchgate.net/publication/347424572_The_Islamic_Society_The_Sociological_Perspective_4th_Ed
Quran 5:49
And judge between them ˹O Prophet˺ by what Allah has revealed, and do not follow their desires. And beware, so they do not lure you away from some of what Allah has revealed to you. If they turn away ˹from Allah’s judgment˺, then know that it is Allah’s Will to repay them for some of their sins, and that many people are indeed rebellious. (FBL/NFBL)
Commentary of Quran 5:49
This verse obligates Islamic governance to judge non-Muslims by Shariah law. This can happen in two aspects: In case of non-faith-based laws where Islamic laws will be universal and when non-Muslims seek judgment by Islamic laws even when Islamic governance has allowed them to be judged by their laws among themselves.
Quran 4:105
…And do not be for the deceitful an advocate. (NFBL)
Commentary of Quran 4:105
Islamic lawyers, advocates, legal representatives must never represent criminals to defend them against their crimes. It is thus of utmost importance and necessity that these Islamic individuals be clarified fully and as much as they are able by their expertise not to represent criminals. Imagine a society where criminals will have no representation, will think many times before committing a crime and by this, crimes will gradually decrease and even cease. This is a metaphysical design by God towards a society of peace and order.
Quran 5:38
[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise. (NFBL)
Commentary of Quran 5:38
Quran prohibits thievery. Islamic law defines thievery as taking of lawful wealth by stealth. Imagine if the law of amputation was implemented today on the thieves of global banking industry and international finance world would be a better place today and the rich people would be paying taxes. All those capitalists are thieves by their stealthy deception to take away people’s money, to loot them. Deception in accounting books is also a form of thievery. The harsh punishment of amputation is just so because financial order and accountability is maintained, and wealth is distributed property and safeguarded. In exceptional situations when thievery is done out of necessity such as to feed oneself or one’s family then Islam accepts such excuses, in fact Islam then channels the fist of justice towards the rulers as to why someone is unable to feed himself or his family for example. Now is this torture? No, it is not, as it is not a prolonged act but a very swift act that ends fast. The thief after cutting of his or her hand must be given medical attention by Islamic government.
Quran 7:80-81
And [We had sent] Lot when he said to his people, "Do you commit such immorality as no one has preceded you with from among the worlds? Indeed, you approach men with desire, instead of women. Rather, you are a transgressing people." (NFBL)
Commentary of Quran 7:80-81
Quran here prohibits homosexuality. When Quran says men lusting men this is a clear indication of sodomy and homosexual love. Quran has forbidden fahsha in 7:33 and as homosexuality is identified as fahsha in this verse then it is also forbidden.
Quran 24:2
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment. (NFBL)
Commentary of Quran 24:2
For married men and women stoning is prescribed in Sunnah. The public punishment of adultery along with the law of Hijab has a synergistic effect against personal distractions, sexual stress and tension, rape and sexual crimes in Islamic governance and jurisdiction. This law is needed, as a sexualized society is not only increasing probability of sexual crimes but also the probability of immorality and sins. This verse also establishes a public display for criminal law punishments to act a wider form of deterrence. People will not fear if the criminal law punishments are not completed in public. This is one reason also why Islamic criminal laws are to be carried out in public, not just this law.
Quran 5:45
And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers. (NFBL)
Commentary of Quran 5:45
Proportionality in punishment is established here. A punishment for a crime must be proportional to the degree of crime itself where Islam has not specified explicit punishment.
The legal practice of mutual agreement between the victim and criminal is allowed. The victim may forgive the criminal or may come to terms with the criminal to drop the charges against him in certain circumstances. So Islamic law has allowed an opportunity for reconciliation to happen between the victim and the criminal.
Any person, any human being who does not judge by God’s laws in Quran or from Prophet is a wrongdoer if such a person believes in these laws but a) does not make an effort to implement these laws b) does not pay any attention to the safeguarding of these laws c) gives excuses of worldly losses and without putting up a jihad to succeed through God’s laws. If a person, an authority or political establishment absolutely gives no effort or least amount and period of effort with no losses or minimal losses then such people and organizations are also wrongdoers, because their main concern was their losses but not the victory of God’s laws. We can find an example of a great jihad and effort to realize God’s laws in Islamic revolution of Iran 1979 and to this day how they are fighting to preserve the Islamic republic and God’s laws. We cannot give excuse of some of Prophetic treaties where he gave the polytheists an upper hand at the expense of Islamic interest because Prophet accepted them for greater interest of Islamic rule and the progress of the religion itself. The whole life of Prophet was not only as a spiritual guide but a political activist who at the end succeeded in the domination of Shariah law over whole of Arabia. Today’s misguided Muslim politicians however have succeeded in abandoning of Shariah laws and domination of secular un-Islamic laws.
Quran 17:31-33
And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin. And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law]. (NFBL)
Commentary of Quran 17:31-33
This verse prohibits engineering suffering of children. A practice that is still existent in many parts of the world, including selling children into slavery and destructive uncertain marriages. Islam prohibits killing children under any circumstances and poverty is one of the severe ones. This ruling also extends to the children not yet born but in mother’s womb. Even though Quran has prohibited taking of life, but here it focuses on child’s life due to the gravity and consequence of killing children. It will impede humanity’s evolution and give the adulterers/adulteresses free reign to abuse sexuality.
This verse prohibits adultery/fornication. In Islam there is no separate law for rape. A rapist is committing violent adultery/fornication and will be punished according to both laws of adultery and laws of hiraba or simply gasab: stoning or lashing, crucifixation, death penalty, financial punishment etc. Islam aims to create responsible, accountable and dutiful society through the institution of marriage. One-night stand as is the practice in west is destructive socially. Also, couples living long term without marriage is also a fragile relationship and which establishes no grounds or metrics for laws of inheritance and child upbringing.
Capital punishment is justified. Justifications are discussed in detail in the Islamic law books. Any person who has been killed unjustly, his guardian or close relative has the right to seek retribution, blood money or forgiveness.
Quran 2:178
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment. (NFBL)
Commentary of Quran 2:178
This law states the equality of life and that no life is more sacred than another that it does not deserve protection and justice. So, any life, wronging another must be judged accordingly. The punishment for murder in Islam is either death penalty or blood money, so in this way Islam gives an opportunity to avoid death penalty for financial compensation. When I say equality of life that does not maintain this equality only for nationals or citizens but to all humans irrespective of their affiliations or identifications.
Quran 5:33-34
Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment. Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful. (NFBL)
Commentary of Quran 5:33-34
Here in is the punishment of apostasy. No person remains Muslim when he or she declares a war against Islam. Basically, this part is saying any ideological hostility against Islam deserves a punishment under Islamic jurisdiction. So, it is clear that apostasy that is followed by hostility against Islam deserves sever punishment as mentioned here. Both Shia and Sunni hadith narrations establish death penalty for apostate. When Quran states no compulsion in religion then it is only saying no forced conversion which is not the case with apostasy. Apostasy like other crimes in Islam is a crime. When Quran says one is free to believe what he or she chooses then it is not a validity of their belief but the freedom of theirs to believe in anything. This is existential freedom that they can choose to believe in anything but not legal freedom. A person can choose to believe drug is ok or even can take drug away from the law but that is his existential freedom not a legal freedom. Note that protesting or rebelling against the tyranny and injustice of a tyrant and corrupt ruler just like what Imam Hussein did is not included under this verse. That is Jihad.
Also understand that under an Islamic system when an apostate following his apostasy tries to convert Muslims to Islam then it is a declaration of hostility against Islamic system much like how western democracies perceived communist recruitment and activities an hostility against democracy and vice-versa. You cannot exist in a political system then start promoting a system against the defacto and dejure political system and that is why Islam being a political Islam also apostasy demands death pentalty.
Can a group of rebels or criminals who abuse this Quranic law be forgiven? For example, they see that if they repent and stop before apprehension, they will be forgiven by the law so they go on looting and destroying in a limited sense until their purpose is achieved then they repent and submit to Islamic authority, will they still be forgiven? Well, then they may be judged by other Islamic laws depending on what the judge identifies their crimes as: Qisas, theft, injury to others etc.
This is discussing about, among other things, collective armed rebellion or wanton death and destruction through riots and rebellions against peace and against Islamic rule. This has many forms: armed insurrection against the Islamic jurisdiction, the government, armed rebellion and robbery, and organized crimes. This is basically a collective model of criminal activities against Islamic state and the people. Mafia or drug cartels for example may not always go on rebelling through arms but they create fasad (great corruption) on earth by drug trade and activities, enemy of collective peace and welfare. The levels of punishments in this verse vary on the basis of the severity of criminal activities and criminals. Limiting this law only to the classical model of highway robbery will be foolish in this day and age as this classical description is not limited by Prophet or the Ahl Bay or even if they did, it does not only end the scope in that delimitation as it will defeat the scope and purpose of the verse and secondly modern models of planned and organized crimes did not exist then. All these punishments must be publicized when carried out. Crucifixion is a form of justified torture but for the gravest of crimes.
Quran 24:4
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient. (NFBL)
Commentary of Quran 24:4
The honor of Islamic women is immense. This verse prohibits slander whether oral, indicative or written. This verse focuses on accusation of adultery against Islamic women (Quran 24:23 also spiritual punishment). Any woman who has proven her Islam evidently is in this verse.
Quran 17:34
And do not approach the property of an orphan, except in the way that is best, until he reaches maturity... (NFBL)
Commentary of Quran 17:34
In Islam the orphan is one whose father died while he or she has not reached maturity of mind and sexuality. As most of the times maturity of sexuality follows maturity of mind then most Islamic jurists have said maturity of sexuality relieves orphanhood. However, if maturity of sexuality did not also result in maturity of mind then such a person still remains orphan and this is also the view of Imams of Ahl bayt in Fiqh Ar-Rida. The Islamic state must protect the wealth of the orphans according to the general inclusion by verse 2:188. It is the duty of Islamic state to make sure piety, morality, reason and mental capacity thrive in its subjects including the orphans.
Quran 4:93
But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment. (NFBL)
Commentary of Quran 4:93
This verse apparently establishes that any who kills a believer, a real Muslim, a religion abiding Muslim commits disbelief. So, this verse establishes disbelief/apostasy of someone who murders a believer because his or her punishment will be eternal hellfire. No Muslim even the most sinful one will remain in hell forever as faith is the key towards paradise. However, Quran also establishes sincere and committed repentance to God absolves all sins and that God forgives all sins even without repentance except the sin of disbelief and polytheism.
Quran 7:29
Say, [O Muhammad], "My Lord has ordered justice and that you maintain yourselves [in worship of Him] at every place [or time] of prostration, and invoke Him, sincere to Him in religion." Just as He originated you, you will return [to life] (FBL/NFBL)
Commentary of Quran 7:29
God legislates equity and justice to be implemented by believers whether in their personal and social existence or political and other collective capacity. Equity and justice are prescriptive as being revealed through the divine book and Prophet, or it is rational as being a product of our god given humane conscience. The practitioner of equity and justice are people of mosque and those who invoke God sincerely. These people are to champion equity and justice. God has connected piety with equity and justice because piety preserves performance of equity and justice unlike in atheistic secular mindset no God remains as a deterrent and guide towards such performance.
Quran 6:114
[Say], "Then is it other than Allah I should seek as judge while it is He who has revealed to you the Book explained in detail?" And those to whom We [previously] gave the Scripture know that it is sent down from your Lord in truth, so never be among the doubters. (FBL/NFBL)
Commentary of Quran 6:114
The reason we need to rule and judge by God’s laws is because He revealed it to us and explained it by himself and by His Prophet and Ahl Bayt. The legislator legislated and we as His subjects are bound by it.
Quran 4:92
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah . And Allah is ever Knowing and Wise. (FBL)
Commentary of Quran 4:92
First this verse establishes two jurisdictions: one whole Islamic jurisdiction for all Muslims and the other non-Muslim jurisdiction. Muslims are supposed to live under Islamic jurisdiction as per dictate of Hadith and implications of Quranic verses of unity and solidarity. This verse also makes it clear the rulings for mistaken murder that is a Muslim life taken by another Muslim mistakenly. This verse also established the charitable retribution or recompense for crimes as mentioned elsewhere. The believer under hostile non-Muslim jurisdiction is also mentioned here and that even if a believer mistakenly kills such a believer then too Islamic government must carry out the rulings in tis verse. So, you see Islamic solidarity and brotherhood must extend across maps and borders and Islamic government must ensure it by action, but today Muslims are deliberately wronging Muslims across borders even such borders are also Muslim ruled!
And judge between them ˹O Prophet˺ by what Allah has revealed, and do not follow their desires. And beware, so they do not lure you away from some of what Allah has revealed to you. If they turn away ˹from Allah’s judgment˺, then know that it is Allah’s Will to repay them for some of their sins, and that many people are indeed rebellious. (FBL/NFBL)
Commentary of Quran 5:49
This verse obligates Islamic governance to judge non-Muslims by Shariah law. This can happen in two aspects: In case of non-faith-based laws where Islamic laws will be universal and when non-Muslims seek judgment by Islamic laws even when Islamic governance has allowed them to be judged by their laws among themselves.
Quran 4:105
…And do not be for the deceitful an advocate. (NFBL)
Commentary of Quran 4:105
Islamic lawyers, advocates, legal representatives must never represent criminals to defend them against their crimes. It is thus of utmost importance and necessity that these Islamic individuals be clarified fully and as much as they are able by their expertise not to represent criminals. Imagine a society where criminals will have no representation, will think many times before committing a crime and by this, crimes will gradually decrease and even cease. This is a metaphysical design by God towards a society of peace and order.
Quran 5:38
[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise. (NFBL)
Commentary of Quran 5:38
Quran prohibits thievery. Islamic law defines thievery as taking of lawful wealth by stealth. Imagine if the law of amputation was implemented today on the thieves of global banking industry and international finance world would be a better place today and the rich people would be paying taxes. All those capitalists are thieves by their stealthy deception to take away people’s money, to loot them. Deception in accounting books is also a form of thievery. The harsh punishment of amputation is just so because financial order and accountability is maintained, and wealth is distributed property and safeguarded. In exceptional situations when thievery is done out of necessity such as to feed oneself or one’s family then Islam accepts such excuses, in fact Islam then channels the fist of justice towards the rulers as to why someone is unable to feed himself or his family for example. Now is this torture? No, it is not, as it is not a prolonged act but a very swift act that ends fast. The thief after cutting of his or her hand must be given medical attention by Islamic government.
Quran 7:80-81
And [We had sent] Lot when he said to his people, "Do you commit such immorality as no one has preceded you with from among the worlds? Indeed, you approach men with desire, instead of women. Rather, you are a transgressing people." (NFBL)
Commentary of Quran 7:80-81
Quran here prohibits homosexuality. When Quran says men lusting men this is a clear indication of sodomy and homosexual love. Quran has forbidden fahsha in 7:33 and as homosexuality is identified as fahsha in this verse then it is also forbidden.
Quran 24:2
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment. (NFBL)
Commentary of Quran 24:2
For married men and women stoning is prescribed in Sunnah. The public punishment of adultery along with the law of Hijab has a synergistic effect against personal distractions, sexual stress and tension, rape and sexual crimes in Islamic governance and jurisdiction. This law is needed, as a sexualized society is not only increasing probability of sexual crimes but also the probability of immorality and sins. This verse also establishes a public display for criminal law punishments to act a wider form of deterrence. People will not fear if the criminal law punishments are not completed in public. This is one reason also why Islamic criminal laws are to be carried out in public, not just this law.
Quran 5:45
And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed - then it is those who are the wrongdoers. (NFBL)
Commentary of Quran 5:45
Proportionality in punishment is established here. A punishment for a crime must be proportional to the degree of crime itself where Islam has not specified explicit punishment.
The legal practice of mutual agreement between the victim and criminal is allowed. The victim may forgive the criminal or may come to terms with the criminal to drop the charges against him in certain circumstances. So Islamic law has allowed an opportunity for reconciliation to happen between the victim and the criminal.
Any person, any human being who does not judge by God’s laws in Quran or from Prophet is a wrongdoer if such a person believes in these laws but a) does not make an effort to implement these laws b) does not pay any attention to the safeguarding of these laws c) gives excuses of worldly losses and without putting up a jihad to succeed through God’s laws. If a person, an authority or political establishment absolutely gives no effort or least amount and period of effort with no losses or minimal losses then such people and organizations are also wrongdoers, because their main concern was their losses but not the victory of God’s laws. We can find an example of a great jihad and effort to realize God’s laws in Islamic revolution of Iran 1979 and to this day how they are fighting to preserve the Islamic republic and God’s laws. We cannot give excuse of some of Prophetic treaties where he gave the polytheists an upper hand at the expense of Islamic interest because Prophet accepted them for greater interest of Islamic rule and the progress of the religion itself. The whole life of Prophet was not only as a spiritual guide but a political activist who at the end succeeded in the domination of Shariah law over whole of Arabia. Today’s misguided Muslim politicians however have succeeded in abandoning of Shariah laws and domination of secular un-Islamic laws.
Quran 17:31-33
And do not kill your children for fear of poverty. We provide for them and for you. Indeed, their killing is ever a great sin. And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly - We have given his heir authority but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law]. (NFBL)
Commentary of Quran 17:31-33
This verse prohibits engineering suffering of children. A practice that is still existent in many parts of the world, including selling children into slavery and destructive uncertain marriages. Islam prohibits killing children under any circumstances and poverty is one of the severe ones. This ruling also extends to the children not yet born but in mother’s womb. Even though Quran has prohibited taking of life, but here it focuses on child’s life due to the gravity and consequence of killing children. It will impede humanity’s evolution and give the adulterers/adulteresses free reign to abuse sexuality.
This verse prohibits adultery/fornication. In Islam there is no separate law for rape. A rapist is committing violent adultery/fornication and will be punished according to both laws of adultery and laws of hiraba or simply gasab: stoning or lashing, crucifixation, death penalty, financial punishment etc. Islam aims to create responsible, accountable and dutiful society through the institution of marriage. One-night stand as is the practice in west is destructive socially. Also, couples living long term without marriage is also a fragile relationship and which establishes no grounds or metrics for laws of inheritance and child upbringing.
Capital punishment is justified. Justifications are discussed in detail in the Islamic law books. Any person who has been killed unjustly, his guardian or close relative has the right to seek retribution, blood money or forgiveness.
Quran 2:178
O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment. (NFBL)
Commentary of Quran 2:178
This law states the equality of life and that no life is more sacred than another that it does not deserve protection and justice. So, any life, wronging another must be judged accordingly. The punishment for murder in Islam is either death penalty or blood money, so in this way Islam gives an opportunity to avoid death penalty for financial compensation. When I say equality of life that does not maintain this equality only for nationals or citizens but to all humans irrespective of their affiliations or identifications.
Quran 5:33-34
Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment. Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful. (NFBL)
Commentary of Quran 5:33-34
Here in is the punishment of apostasy. No person remains Muslim when he or she declares a war against Islam. Basically, this part is saying any ideological hostility against Islam deserves a punishment under Islamic jurisdiction. So, it is clear that apostasy that is followed by hostility against Islam deserves sever punishment as mentioned here. Both Shia and Sunni hadith narrations establish death penalty for apostate. When Quran states no compulsion in religion then it is only saying no forced conversion which is not the case with apostasy. Apostasy like other crimes in Islam is a crime. When Quran says one is free to believe what he or she chooses then it is not a validity of their belief but the freedom of theirs to believe in anything. This is existential freedom that they can choose to believe in anything but not legal freedom. A person can choose to believe drug is ok or even can take drug away from the law but that is his existential freedom not a legal freedom. Note that protesting or rebelling against the tyranny and injustice of a tyrant and corrupt ruler just like what Imam Hussein did is not included under this verse. That is Jihad.
Also understand that under an Islamic system when an apostate following his apostasy tries to convert Muslims to Islam then it is a declaration of hostility against Islamic system much like how western democracies perceived communist recruitment and activities an hostility against democracy and vice-versa. You cannot exist in a political system then start promoting a system against the defacto and dejure political system and that is why Islam being a political Islam also apostasy demands death pentalty.
Can a group of rebels or criminals who abuse this Quranic law be forgiven? For example, they see that if they repent and stop before apprehension, they will be forgiven by the law so they go on looting and destroying in a limited sense until their purpose is achieved then they repent and submit to Islamic authority, will they still be forgiven? Well, then they may be judged by other Islamic laws depending on what the judge identifies their crimes as: Qisas, theft, injury to others etc.
This is discussing about, among other things, collective armed rebellion or wanton death and destruction through riots and rebellions against peace and against Islamic rule. This has many forms: armed insurrection against the Islamic jurisdiction, the government, armed rebellion and robbery, and organized crimes. This is basically a collective model of criminal activities against Islamic state and the people. Mafia or drug cartels for example may not always go on rebelling through arms but they create fasad (great corruption) on earth by drug trade and activities, enemy of collective peace and welfare. The levels of punishments in this verse vary on the basis of the severity of criminal activities and criminals. Limiting this law only to the classical model of highway robbery will be foolish in this day and age as this classical description is not limited by Prophet or the Ahl Bay or even if they did, it does not only end the scope in that delimitation as it will defeat the scope and purpose of the verse and secondly modern models of planned and organized crimes did not exist then. All these punishments must be publicized when carried out. Crucifixion is a form of justified torture but for the gravest of crimes.
Quran 24:4
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient. (NFBL)
Commentary of Quran 24:4
The honor of Islamic women is immense. This verse prohibits slander whether oral, indicative or written. This verse focuses on accusation of adultery against Islamic women (Quran 24:23 also spiritual punishment). Any woman who has proven her Islam evidently is in this verse.
Quran 17:34
And do not approach the property of an orphan, except in the way that is best, until he reaches maturity... (NFBL)
Commentary of Quran 17:34
In Islam the orphan is one whose father died while he or she has not reached maturity of mind and sexuality. As most of the times maturity of sexuality follows maturity of mind then most Islamic jurists have said maturity of sexuality relieves orphanhood. However, if maturity of sexuality did not also result in maturity of mind then such a person still remains orphan and this is also the view of Imams of Ahl bayt in Fiqh Ar-Rida. The Islamic state must protect the wealth of the orphans according to the general inclusion by verse 2:188. It is the duty of Islamic state to make sure piety, morality, reason and mental capacity thrive in its subjects including the orphans.
Quran 4:93
But whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment. (NFBL)
Commentary of Quran 4:93
This verse apparently establishes that any who kills a believer, a real Muslim, a religion abiding Muslim commits disbelief. So, this verse establishes disbelief/apostasy of someone who murders a believer because his or her punishment will be eternal hellfire. No Muslim even the most sinful one will remain in hell forever as faith is the key towards paradise. However, Quran also establishes sincere and committed repentance to God absolves all sins and that God forgives all sins even without repentance except the sin of disbelief and polytheism.
Quran 7:29
Say, [O Muhammad], "My Lord has ordered justice and that you maintain yourselves [in worship of Him] at every place [or time] of prostration, and invoke Him, sincere to Him in religion." Just as He originated you, you will return [to life] (FBL/NFBL)
Commentary of Quran 7:29
God legislates equity and justice to be implemented by believers whether in their personal and social existence or political and other collective capacity. Equity and justice are prescriptive as being revealed through the divine book and Prophet, or it is rational as being a product of our god given humane conscience. The practitioner of equity and justice are people of mosque and those who invoke God sincerely. These people are to champion equity and justice. God has connected piety with equity and justice because piety preserves performance of equity and justice unlike in atheistic secular mindset no God remains as a deterrent and guide towards such performance.
Quran 6:114
[Say], "Then is it other than Allah I should seek as judge while it is He who has revealed to you the Book explained in detail?" And those to whom We [previously] gave the Scripture know that it is sent down from your Lord in truth, so never be among the doubters. (FBL/NFBL)
Commentary of Quran 6:114
The reason we need to rule and judge by God’s laws is because He revealed it to us and explained it by himself and by His Prophet and Ahl Bayt. The legislator legislated and we as His subjects are bound by it.
Quran 4:92
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave and a compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave; and if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah . And Allah is ever Knowing and Wise. (FBL)
Commentary of Quran 4:92
First this verse establishes two jurisdictions: one whole Islamic jurisdiction for all Muslims and the other non-Muslim jurisdiction. Muslims are supposed to live under Islamic jurisdiction as per dictate of Hadith and implications of Quranic verses of unity and solidarity. This verse also makes it clear the rulings for mistaken murder that is a Muslim life taken by another Muslim mistakenly. This verse also established the charitable retribution or recompense for crimes as mentioned elsewhere. The believer under hostile non-Muslim jurisdiction is also mentioned here and that even if a believer mistakenly kills such a believer then too Islamic government must carry out the rulings in tis verse. So, you see Islamic solidarity and brotherhood must extend across maps and borders and Islamic government must ensure it by action, but today Muslims are deliberately wronging Muslims across borders even such borders are also Muslim ruled!
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