Ooh goody - a thread dedicated to me. Should I be honoured?
freediver wrote on Dec 1
st, 2012 at 12:50pm:
Gandalf, can you please give your view on what Islamic law's stance is on the following issues,
I will try, but please be aware I am not an islamic scholar, do not (yet) speak arabic - and thus am in no better position than you to make authoritative judgments. Ultimately my judgments can be little more than hearing all sides of the arguments and looking at mainstream scholarly opinions.
Apostasy - no Quranic prescription, but most muslim scholars argue that islam prescribes death based on certain hadith. I do not know enough about it to have an opinion on whether this is right or not.
Democracy - surely a term that is far too loaded. Overall though I am not aware of any inherent contradiction between islamic law and the principle of democracy. Though I would imagine there would have to be provisions to safeguard the "islamic" character of the society. They couldn't, for example, "democratically" pass legislation that is prohibited by islamic law (eg legalise alcohol) - unless of course it was for the benefit of the non-islamic population - which is what happens in Malaysia.
Slavery - slavery is permitted in islam under limited and strict conditions. The quranic prescription of slavery makes sense given the context - which was the welfare of non-muslims who were taken in war. Why do I say welfare? Because standard practice of non-islamic contemporary regimes was to mass slaughter POWs and conquered people. Slavery was also common in all societies - but before islam, were almost universally characterised by mistreatment and cruelty. The introduction of islamic slavery - with hitherto unheard of considerations for the basic human rights of the slaves - was a massive step-up in the ethical treatment of conquered people.
If you're asking me what islam says about slavery today, the answer is I don't know. I don't know the exact conditions required for slavery, and whether or not they can be met in the modern world. I suspect they do not.
Blasphemy - Now we both know you know my opinion on this - I expressed in one of the first threads I contributed on in this forum. Please
refresh your memory (hint: my opinion is clearly stated on the first page).
Stoning people to death - which is for adultery only - just to be clear, since you seem to throw around this term as if every single islamic punishment involves this. This is another one of those "islamic laws" that has no quranic basis. In fact the quran prescribes a completely different form of punishment for adultery (flogging). I am extremely sceptical that stoning is part of shariah law - and given that the practice is so rare as to be virtually non-existent in the islamic world today (and I'm pretty sure has been for a long long time), it would seem the great majority of the muslim world agrees with me (excepting Abu - apparently).
Collective punishment - strictly forbidden in islam. There are several quranic verses that clearly sets out a code of ethics for legitimate warfare - and things like destruction of civilian property, killing of civilians, needless destruction and inhumane treatment of conquered people are strictly forbidden.
Domestic violence - strictly forbidden under islamic law. Violence against women - especially your wife is expressly forbidden. There is one oft-quoted quranic verse about men lightly hitting the wife if she refuses sex - but my understanding is that the arabic word for "hit" is a mistranslation - and it is meant in a metaphorical sense.
Spousal rape - as explained above
Equality before the law - presumably referring to muslims compared to non-muslims? They are not equal before sharia law - because for most things sharia does not apply for non-muslims. Non-muslims do not enjoy an equal legal status as muslims (under a sharia system). This can mean, for example, that non-muslims are allowed to drink alcohol, avoid military service, and not be subject to many of the sharia penal code.
Arranged marriages - as far as I know has no basis in islamic law. This is a cultural practice.
Marrying pre-pubescent girls - islamic law has no legal age for marriage.
Necrophilia - you are joking, surely. I *REALLY* hope - though sadly suspect you are - referring to the recent report coming out from Egypt about some alleged legislation to legalise it -
which was quickly proven to be a hoax?Islam forbids necrophillia - obviously
Adultery - a crime under islamic law in which the sentence is either stoning or flogging - depending on which islamic scholars you follow. My understanding is that the punishment is automatic for the man, but certain circumstances have to be met before the punishment can be meted out on the woman.
Polygamy - islam allows a man to marry up to 4 wives
Alcohol - alcohol is forbidden under islamic law
Music - *NOT* forbidden under islamic law. And many muslims use music as a medium to spread the teachings of islam - see Mahir Zain and Yousef Islam (the artist formerly known as Cat Stevens) for two prominent contemporary examples.
Quote:and whether you personally agree with or support it?
I think islamic law has it pretty much right -
keeping in mind that I am unclear on many many details of islamic law, and noting the wide differences of opinions amongst islamic scholars. Overall I tend to side with the more moderate interpretations - eg stoning should be out.