Wednesday, November 18, 2015

Sharia :: Simple Understanding for Betterment



Shariah is the law of the Qur'an and literally means "A path to life giving water." In fact, the word Yarrah (i.e. the root of the Hebrew word Torah) means precisely the same thing. Therefore, Shariah is actually ingrained in Abrahamic tradition.

Category Injunction Actions
FARD Strictly enjoined Five daily prayers
MANDUB Advisory (positive) Performing additional prayers on Eid
JAIZ Indifferent-Permitted  Travel by land, sea or air
MAKRUH Advisory (negative) Eating some kinds of fish
HARAM Strictly prohibited Alcohol consumption

Shariah law champions absolute freedom of conscience and freedom of religion. For example, the Qur'an goes as far as to oblige Muslims to fight on behalf of Jews, Christians and people of other faiths and to protect their churches, synagogues and temples from attack. (22:41) Furthermore, Shariah holds that to be a Muslim, a person must testify to the truth of all past prophets, including Jesus, Moses, Abraham, Krishna and Buddha--and must respect their adherents. When Prophet Muhammad peacefully became the ruler of Arabia, his primary condition for non-Muslims (and Muslims) to reside in Arabia was that they allow all people of all faiths--be they Jews, Christians, Muslims or idol worshipers--to worship in peace and without oppression.

Goals of Punishment

Forms  Purpose  Options
Hadd  Deterrence; retribution; expiation  None; mandatory
Qisas  Restitution  Some; limited
Taazir  Reform; deterrence  Full discretion of judge/authority
Women in Islam are guided by primary Islamic sources of personal law, namely the Quran and hadiths, as well as secondary sources such as the ijma, qiyas, ijtihad in form such as fatwas; the secondary sources vary with various sects of Islam and schools of jurisprudence (madhhab).

1. According to Islamic law (sharia), marriage cannot be forced.
2. Muslim women may not marry non-Muslim men
3. Out of wedlock copulation is prohibited.
4. Anal sex is prohibited
5. Female infant and fetus killing is prohibited



What Quraan Says Clearly
And when he came to the water of Madyan, he found on it a group of men watering, and he found besides them two women keeping back (their flocks). He said: What is the matter with you? They said: We cannot water until the shepherds take away (their sheep) from the water, and our father is a very old man. —  [Quran 28:23]
"For men is a share from what the parents and near relatives leave, and for women is a share from what the parents and near relative leave from less from it or more, a legal share." (Al-Quran 4:7)
And those who accuse their wives and don't have witnesses except themselves then witness of each of them is four witnesses by God that he is from truthfuls. And fifth that curse of God be on him, if he is of liars. And it can save her from punishment if she witnesses four times by God that he is from liars. And fifth that wrath of God be on her, if he is from truthfuls. —  [Quran 24:6-9]
And those who accuse chaste women then do not bring four witnesses, flog them eighty strips and don't accept their testimony forever. Indeed, they themselves are disobedient. —  [Quran 24:4]
And for you is half of what your wives left, if they do not have child; and if they have child yours is one-fourth of what they left; after the will they have bequeteth or debt. And for them is one fourth of what you leave, if you do not have child; but if you have child theirs is one-eighth; after the will you have bequeteth or debt. And if the man or woman, inherited from, is Kalalah(childless) and; he has brother or sister, for each of them is one-sixth; And if they are more than it they will share one-third; after the will he bequetteth or untroubling debt. It is ordianance from God; and God is All-knowing and Allbearing.{Al-Quran 4:12}
When the female (infant), buried alive, is questioned – For what crime she was killed;[Quran 81:8]
And the divorced women should keep themselves in waiting until three periods. And it is not lawful for them to conceal what God has created in their wombs, if they believe in God and last day. And their husbands have most right of taking them back during this, if they want reconciliation. And for them are like against them in recognized manner. And men are a degree above them. And God is mighty and wise. (Al-Quran 2:228)

Refferences : 
Al-Sariqa (theft) II: 286; V: 38,39;
Zina (fornication) XVII: 32; XXIV: 2–9;
Shurb al-Khamr (intoxication) II: 219; V: 93;
Al-Hiraba (highway robbery) V: 33,34; Killing (oath) II: 178,179; V: 33;
Al-Qadhf (defamation) XXIV: 4,5,11,19,23,24;
Witnesses II: 140,282,283; IV: 15,135; V: 8,108,111; XXIV: 13;
Punishments II: 178,179; IV: 15,16,92,93; V: 36,37,41,42; XXIV:2–5;
Taubah (repentance) IX: all verses particularly verse 29;
Qisas (lawful retaliation) II: 178; V: 33–35,45; XLII: 39,40;
War and peace II: 217; IV: 71,100; VIII: 41,61.
Jihad VIII: 15–16