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Name
Maria
- Malaysia
Profession
Banker
Question
Assalamu-'Alaykum Professor,
Thank you for the topic.
In a country like Malaysia where the society is diverse in terms of religion as well as culture, the Shari'ah court is seen as a sub-set of the civil court, whereby it tries only "Islamic matters" such as marriage and divorce. Obviously, Shari'ah judgment only applies to Muslims.
In fact, there seems to be prevailing preferences of the public as well as the judiciary that the civil court is even allowed to overrule judgments provided by the Shari'ah court - should the ruling be deemed as "outdated" and / or "uncivilized."
More often than not, it appears that this type of enforcement is done to appease our non-Muslim friends, apologetically telling them that Malaysian Muslims are now civilized and modern and therefore do not fall under strict Islamic jurisdiction.
Personally, I feel the Shari'ah court should reign supreme and cover all aspects of the law pertaining only to Muslims. The civil court would try matters relating to non-Muslims.
Would you think this is a feasible and viable structure? In fact, I think many of the rulings would be similar unless a crime committed has very much to do with Islamic creed.
Could you shed some light on this type of administration in our judiciary? Do you think this is even possible? How would an ideal structure be for a country to harbour harmony between Muslims and non-Muslims without comprising the fundamentals of Islam?
Answer
Hello Maria,
Assalamu alaikum.
Thank you for your question.
You have stated: “Personally, I feel the Shari'ah court should reign supreme and cover all aspects of the law pertaining only to Muslims. The civil court would try matters relating to non-Muslims.”
Indeed I am happy to agree with you in principle.
But you must know that there are a diversity of views in the matter of the application of Islamic laws (Shari’a), in any country of the present day. I, for one, am inclined towards the opinion of Imam Abu Hanifa who maintained that Islamic law should be applied within the boundaries of Islamic countries to Muslim people exclusively. From this point of view, it does not apply to the non-Muslims in Islamic countries or to the Muslims in a non-Muslim country. This viewpoint is based upon religious freedom guaranteed by Islamic law to the non-Muslims.
In a country where both the Islamic law and the secular law are in force, both are to a great extent restricted; and naturally there can be the question of one law being predominant over the other.
In the case of any country considering the implementation of the Shari’a, the decision should be taken by the government, whether to apply it partially (as in Malaysia) or wholly – this is from the practical point of view. The primary question is: whether that country can be declared to be an Islamic country in the first place, which in its turn involves the sorting out of a large number of problems. If so, there is no partial implementation; there can only be full implementation. But even in some of the so-called ‘Islamic countries’ of today, Shari’a is a far cry from reality, owing to reasons obvious to any discerning observer.
And Allah knows best.
Name
Ahmed
- United States
Profession
Question
Salaam alaykum.
Would you enlighten us on what is justice from Islam's point of view?
Answer
Hello Ahmed,
Assalamu alaikum.
Thank you for your question.
From the Islamic point of view, Divine Justice is the backbone of the whole Act of Creation. The balance and the due proportion evident in the heavens and the earth is a manifestation of God's Justice. God says in the Holy Qur'an:
"Glorify the name of your Guardian God Most High, Who has created and further given order and due proportion; Who has ordained laws and granted Guidance..." (87:1-3).
And again,
“And the Firmament has He raised high, and He has set up the Balance…” (55:7)
Thus in Islam, Balance and Justice are central to the design and order underlying God's creative fiat as also in the ultimate Reckoning on the Day of Judgment. God says in the Holy Qur'an, in Surah An-Nahl:
"God commands the doing of good, and liberality to kith and kin and He forbids all shameful deeds, and injustice and rebellion: He instructs you that you may receive admonition" (16: 90).
Again we read in the Holy Qur'an, in Surah Al-Ma'idah:
"O you who believe! Stand out firmly for God as witnesses to Justice; and let not the hatred of a people cause you to swerve from Justice; be just; that is the closest to piety" (5: 8).
Social Justice is an important prerequisite for Peace in the world since an unjust social system is a dormant volcano, whose eruption can be expected any moment. How can there be peace when the looted property is not restored to the owner, or when criminals go scot-free after blatantly breaking law and order?
Since Islam is a practical religion and not a religion of sweet, impracticable homilies, such issues are necessarily addressed within the purview of religion itself. For Islam never ignores social or political concerns. So it cannot approve of a purely spiritual movement which never bothers about the problems of the people; nor does it leave burning issues of the society to the whims of self-seeking politicians, but deals with politics itself, which cannot be separated from life.
For the same reason, good Muslims have got to be committed activists and not ascetics who flee from the day-to-day affairs of the world.
Islam is strongly opposed to all forms of injustice and takes all measures to ensure that Justice prevails in every field. And Shari’ah is the comprehensive instrument of justice as envisaged by Islam, for the establishment of a justly balanced society, the realization of which in space and time, is the desired end of all the means at the disposal of a Muslim society.
And Allah knows best.
Name
Asif Rahman
- Sri Lanka
Profession
Question
How can you relate Islamic Shari`a to modern international law?
Answer
Hello Asif Rahman,
Assalamu alaikum.
Thank you for your question.
There is practically a lot of common ground between Shari’a and modern law. But we should never lose sight of the fact that the underlying principle of Shari’a is an attempt to realize in space and time the justly balanced society visualized by the Holy Qur’an and the Sunnah.
The chief commonality between Shari’a and modern law is the objective of striving for an environment congenial to the peace and welfare of all sections of the society. The basis of Shari’a is provided by the Sovereign Ruler of the universe; while modern law is man-made, though many of its principles were originally derived from religion.
Modern law, we may say, is developed through trial and error method. It is true that a lot of research and investigation has gone into the development of law in modern times. The Shari’a is often viewed as a closed system, without any provision for new approaches in view of changing times and circumstances. But this is not true. There is a built-in device, as it were, in Islamic Law providing scope for change, which is known as ijtihad. Ijtihad is the fourth basis of Shari’a, the first three being: the Qur’an, the Sunnah and Ijma’.
By means of ijtihad, Islamic jurists find ways of solving problems arising from new socio-political situations facing modern societies.
It is a fact, though rarely acknowledged by western legalists, that modern international law was greatly influenced by Islamic law. It is true that modern law is often presented as essentially Judaeo-Christian and ‘western’. But any objective student of the history of the interaction between eastern and western civilizations can note the influence of Islamic law on modern international law.
For instance, the Shari’a includes many excellent provisions about the conduct of war, the treatment of prisoners of war as well as innocent civilians, property in occupied enemy territory, treaty of peace etc.
Many objective scholars from the Non Muslim world have observed in their studies and papers how truly liberal, progressive, and broad-minded Islamic law is.
We may note that the modern code of diplomatic protocol in the exchange of envoys is based on the principle followed by Prophet Muhammad, peace be on him, when he sent his envoys to Roman and Persian emperors in the 7th century.
Hope I have answered your question.
Name
Dr Sulaiman Rifai
- United Kingdom
Profession
translator.
Question
Dear Prof. Asslamu Alaikum. Punishment is mostly misunderstood areas of Islamic law at least in the circles of Non-Muslim Academics. They claim that Islamic laws of punishment are barbaric and inhuman?. I think that nothing is wrong with these laws of punishment but rather the ways these laws are applied today; look at Muslim countries that apply these laws: rich people get away with them while poor people are subjected to these laws. Many cases can be noted. Is it fair to do this? Or do we need to defer punishment laws until we get honest political leadership who apply these laws without discrimination? Islam stands for justice and one of the higher objectives of Islamic law is to maintain justice and equality? Yet, discriminating in the application of punishment law is against basic principle of Islamic legal philosophy? What is your point of views on this matter? Do you agree with this statement?
Answer
Dear Dr Sulaiman Rifai,
Assalamu alaikum wa rahmatullah.
Thank you for your question.
I agree with your view that the fault is not in the Islamic laws themselves, but in the method of their application. And mostly the rulers who enforce the Islamic law appear to be ignorant of (or at any rate insincere to) the spirit of the Shari’a in the first place. They give the impression that the implementation of Shari’a simply means inflicting punishments on people, whether deserving or not. By this means they are trying to cement their seats of power by deceiving (and threatening) the helpless people of their countries; and no wonder that the Non-Muslim world considers the Islamic Law as brutal and barbaric; because the enforcers of the law fail to abide by the standards of justice upheld by the Holy Qur’an and the Sunnah of the Prophet, peace be on him. The clearly outlined objectives of justice and fairness visualized by the Almighty Law-Giver are evidently flouted by such infliction of punishments, with utter disregard to the spirit of the Sharia’h.
And Allah knows best.
Name
syed
- India
Profession
Question
Assalamualaikum
My Question, in Muslim countries there can be Sharia punishments implemented but not in non-Muslim countries; can you explain why is this all about insulting Islam in the countries where it could not be implemented?
Answer
Hello Syed,
Assalamu alaikum.
Thank you for your question.
I suppose you are thinking of the Danish cartoons and other instances of insult to Islam perpetrated by Non-Muslims in the west. If so, the Muslims' call to stop them or to punish them even though they are not in Muslim countries, is not meaningless.
Of course, the sort of violent demonstrations seen in certain parts of the world about these cannot be justified. And no doubt, it is unreasonable to call for inflicting on those perpetrators the Shari'a punishments. But the calls to end those insults and even to punish them within the framework of the laws of those countries are quite legitimate.
Hope I have answered your question.
Name
nejma
- United States
Profession
none
Question
Salam aleykoum
I would like to know if I can perform a rhinoplasty. Its a long time now I wanted to do so. I can't help thinking of my nose all the time and make my life a misery. What is your position about this subject? I would like a personal and discreet reply. I m 38 years old.
Thank you very much for your comment
Answer
Salaam Nejma,
We are sorry to say that your question is not within the scope of the subject of today's Live Dialogue. You may kindly send it to the Ask the Scholar or Live Fatwa services.
Thank you.
Name
Alia
- Saudi Arabia
Profession
Supervisor
Question
As-Salamu Alaikum wa rahmatu Allah wa barakatuh, I shall be performing pilgrimage insha'allah and I would like to know if it is acceptable for women to use a medical mask to cover their faces for protection from transmitted viruses.
Wa jazakum Allah khair al jaza'a.
Answer
Salaam Alia,
Your question is not related to the topic of today's Live Dialogue; so we are not in a position to answer it now. You may kindly send it to the Ask the Scholar or Live Fatwa services.
Thank you.
Name
Delia
- Belgium
Profession
nurse
Question
Salam Aleykoum,
My husband can't help gazing at other women even when with me. I discuss the subject with him several times but he refuses to admit it. I can't help being angry with him. What can I do?
I rely on him. I know he is not going to cheat on me but this is something I find very difficult to live with.
Answer
Salaam Delia,
We are sorry to note that your question is not relevant to the topic of today's Live Dialogue, so we do not answer it here. You may kindly send it to the Ask the Scholar or Live Fatwa services.
Thank you.
Name
Sara
-
Profession
Question
Assalamoalaikum,
Can u tell me what is the correct shariah law if a woman has been raped. i.e. does she have to provide 4 witnesses?
Answer
Hello Sara,
Assalamu alaikum.
Thank you for your question.
The question of rape has been much discussed because of the inhuman demand made on the raped women by some agents of law in certain countries.
In fact the answer should be given in keeping with the spirit of the Islamic Shari'a which always strives for justice. This is the ruling given by the famous scholar of Islamic Shari'ah Sheikh Ahmed Kutty on the topic:
"A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public. The Prophet (peace and blessings be upon him) said, “The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”
This is what Sheikh Muhammad Saleh Al-Munajjid has to say on this topic:
"Islam has a clear stance which states that this repugnant action is haram (forbidden) and imposes a deterrent punishment on the one who commits it... Moreover, Ibn `Abdul-Barr (may Allah bless his soul) said:
'The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (that is, if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her. (Al-Istidhkaar, 7/146)."
The point is that the raped woman need not produce witnesses.
And Allah knows best.
Name
Ron
- Netherlands
Profession
Consultant
Question
Dear prof.
A year ago or so I enjoyed having a dialogue with you.
I’m not a Muslim, see myself as a spiritual person having an interest in comparative religion, etc .
I read your opinion on Islamic laws of punishment.
I read that in case of rape a woman has to have 4 witnesses to prove that she was raped otherwise 'the blame' would be on her.
This approach in my opinion if true doesn’t seem to lead to justice in many cases.
What about the use of modern DNA techniques, etc.?
Also I read about a woman who committed adultery who was to be stoned to death in Africa being a mother to a child. Don’t you think that leaving a child without a mother is a greater evil?
What do you think about these examples ?
Thank you in advance for your answer and all the best,
Ron
Answer
Hello Ron,
Salaam to you.
Thank you for your question.
I don't remember to have dealt with the topic of rape and its punishment before. You must be thinking of some one else. Anyway the way of dealing with such a crime is mentioned in one of my answers given above. Please see it.
Thank you.
Name
Editor
-
Profession
Answer
Finally, we would like to thank our guest for speaking to Islamonline viewers today, and we also thank all those who participated in this dialogue. We apologize for not being able to accommodate all the questions within the time allocated to this session. We request our readers to join us in the upcoming sessions.
