Controversial Questions about Islam and Comments

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Why hijab for women?

Hijab means that an adult female wears unrevealing clothes, to cover her body from head to toes. As we have already mentioned some scholars consider covering the face as not compulsory while others do.
Many non-Muslim females look at hijab as a negative thing. I said non-Muslim female because a Muslim woman should recognize that this is the command of Allah and she has to abide with it if she is sincere to avoid the wrath of Allah. However, if we look at it carefully these objecting women may change their opinions. On one hand, hijab is a means of protection through modesty. It functions as a psychological barrier between the female and the others, especially men. It is similar to the military uniform, to dress extravagantly, having a driver, a guard or secretary. They give an air of respect, which provides a person with some kind of protection from being bothered. On the other hand, unrevealing most of her body makes her more precious to men and remote to reach, except through a marriage bond that preserves her rights and self-respect.
To conclude our discussion of women’s status in Islam, let us always remember to differentiate between Islam and Muslims’ practice of Islam, which may vary greatly from the Islamic teachings. Indeed, they are two different things.
After all, let us ask a wise Muslim female, “Does she prefer the Western equity provided that she gives up her privileges granted by Islam?”

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Application of Islamic Law

and Extremism

A wise person recognizes that the word “extreme” has relative meanings. What could be extreme to one person might be lenient to another. Even in the same country it changes from time to time. There was a time when some American states considered capital punishment as an extreme punishment, which should be abolished from the law. But now it seems like some of these states are going back to the capital punishment.
Then how can we define extremism?
To a Muslim, once he is convinced by sufficient evidence that a particular law is Divine, he has no doubt that this law is better than any man made law. For Allah is the One Who created humans and He knows best what is good for them.
Therefore, if a nation or the majority of the citizens chooses Islam as a complete package of laws that regulates the relations between the citizens themselves and between them and the others, then there is no room for not applying it in their private or public life. And as we know according to the Charter of the UN, every nation has the right to determine what is good for it.
True Muslims firmly believe that Islamic law will certainly secure felicity and peace for the accountable beings (the jinn and humans) in this temporary life as long as the majority acts upon it. They also believe that it also guarantees happiness in the Eternal Life if the individual implements most of it, provided that he does not take partners with Allah, the One God. Allah says: {Verily Allah forgives not that partners should be set up with him in worship, but He forgives anything lesser for whomever He wills.}([1])
It is true that Islam is very firm with some crimes and has assigned severe punishments for them, but it also made it clear that these punishments should not be applied without strong or unchallengeable evidence, according to strict rules. On the other hand, Islam is not the first to implement such laws, because these many of these laws are actually part of the Jewish and Christian laws as well.
Islam in general sets some basic rules and limits, which should not be tampered with. At the same time it provides, within the set boundaries, enough room to implement judgments that are results of interactions between the major sources of Islamic law and the careful diagnosis of reality.

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([1] ) Holy Quraan, 4: 48, 116.

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Why Some Islamic Countries Enforce Extreme Punishments?

In fact, the Islamic government, as any other government, has to enforce the law that its people or the majority has chosen. If the people of any Islamic country have chosen Islam as a complete package of laws, then the government has no choice to but enforce it. Furthermore, the degree of severity here should not be measured by: (a) the opinion of a person regardless of whether he knows Islam or not, or whether he has conservative or liberal values. (b) Applications of the other Muslim countries. But it should be measured by the related texts in the Holy Quraan and the Prophetic traditions and what the knowledgeable jurists deduce from them. Reality says that the application of the Saudi government is lenient compared to the applications during the time of the Guided Caliphs or even the following generation. This is so, because the Saudi government is aware of the circumstances of today’s life where isolation is impossible and the temptation to violate Islamic teachings is great. Therefore, the Government is obliged to do its best to balance between the required degrees of firmness and to avoid being a cause of driving Muslims away from Islam completely.
In general, we notice that “punishment” In Islam is not meant to be a kind of revenge. But it is means of discipline for those who commit a crime or a deterrent to those who, otherwise, would easily commit it. Punishments can be classified under three categories:
1. A means of scaring away whoever thinks of committing the crime. It is so severe, but too difficult to implement. The only way to prove these crimes, is a completely willing confession to purify one’s self. An example of this is the death sentence for previously married person who commits adultery. For the Prophet once commented in the case of a woman who repeatedly confessed her guilt and was sentenced to death: “She has repented a repentance which can accommodate seventy people. Is there anything better than sacrificing herself in obedience to Allah?”([1])
2. A reasonable means of dispensation for a crime that has been committed.
3. A means of compensation for violated rights of a certain person, with an opportunity to waive application of penalty.

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([1] ) at-Termithi: al-Hudood.

[فداء الرسول]

Can an Islamic Government Abolish Capital Punishment?

First of all, Allah says: {O you who believe legal retribution [in the form of capital punishment] is prescribed in case of murder: the free for the free, the slave for the slave and the female for the female. But whoever overlooks from his brother [i.e. the killer] by his brother anything, then there should a suitable follow up and payment to him [the legal representative] with good conduct…}([1]) And Allah says about the grievance of the crime of killing an innocent person purposefully: {…If any one killed a person not in relation of murder or to spread mischief in the land, it would be as if he killed all mankind.}([2]) Therefore, if an Islamic government implements this law, it is only doing its duty.
Secondly, no government can afford not enforce the laws chosen by the majority.
It is clear from the above verse that Islam preserves the rights of the party concerned and leaves the door open for forgiveness. Very often, forgiveness may come at the last moment when the criminal has learned a lesson. This is fair because even according to the secular laws the government cannot pardon the captured thief along with what he had stolen without permission of the victim.
As a matter of fact, if we look at the reaction to the September 11 incident and the punishment approved by the Security Council, capital punishment is fully justified, because it is executed only when the criminal is proven guilty beyond doubt, and he alone will receive the punishment. This is to be compared to the unfair punishment actually carried out, which included thousands of helpless children, women and aged men who were either killed, injured or lost their shelters in the severe winter.
Allah says: {And there is life for you in legal retribution [i.e., capital punishment] o men of understanding that you may become pious.}([3])
In other words, to kill one guilty person helps save the lives of many innocent people. Besides, it might also save the life of the criminal, who may otherwise commit homicide carelessly, to be killed himself afterwards, in addition to the punishment in Hell-Fire in the Hereafter.
Indeed, killing one person proven beyond doubt to be a murderer of an innocent person is more merciful than allowing a criminal or a bunch of criminals to kill many innocent people randomly to fulfill personal whims or to realize some evil interest. So, Islam by enforcing this kind of punishment is trying to protect the lives of the innocent people and relieve them from the terror of being killed by some criminals. And this is exactly what most of the nations do. Even on the level of the UN, international peace cannot be maintained without punishments severe enough to maintain or restore peace.
If the evil party uses killing and destructive means to spread evil, why can’t the good party use it to combat evil and realize the public interest?
Islam forbids killing the innocent and forbids terrorizing the peaceful without sufficient reasons. It also forbids aggressors to occupy other people’s land and to drive the original people out of their homes, as the extremely fanatic Jews have been doing in Palestine.
Islam also considers supporting the criminals a crime, regardless of the type of support, whether it is financial, military or the “Veto” in the Security Council. Allah says: {And help you one another in virtue, righteousness and piety but do not help one another in sin and transgression.}([4])
Can Muslims Abolish the Punishment of Cutting the Thief’s Hand?

First of all, Allah says: {As for a male thief or a female thief cut off (from the wrist joint) their hands in recompense for what they committed, as a punishment from Allah.}([5]) Therefore, if an Islamic government implements this law, it is only doing its duty. Secondly, no government can afford not to enforce the laws chosen by the majority.
Islam protects the basic necessities of humans: his life, his mind, his property, his honor and his faith. A Companion ([6]) reported that Prophet Muhammad said on the Day of Sacrifice: ([7]) “O, you people. What is this day? The pilgrims said: It is a sacred day. He said: What place is this? They said: It is a sacred place. He said: what month is it? They said: It is a sacred month. He said: Your life, your properties and your honor are as sacred as this place, this month, and this day.”([8]) Therefore, transgressing against these things on purpose and intentionally deserves severe punishment that deters criminals from committing them. And theft terrorizes the community and also may cause homicide, either to facilitate the theft or to defend one’s self. However, there are very strict conditions to be fulfilled before carrying out the punishment.
Can Muslims Abolish the Punishment of Flogging the Fornicators?

First of all, Allah says: {The woman and the man guilty of illegal sexual intercourse flog each of them with a hundred lashes. Let not pity withhold you in their case, in a punishment prescribed by Allah; and let a party of the believers witness their punishment.}([9]) Therefore, if an Islamic government implements this law, it is only doing its duty. Secondly, no government can afford not to enforce the laws chosen by the majority.
If we study free sexual relationship and its outcome we find it one of the major contributors to many social problems, such as runaways, joining gangs, abandoned babies, committing crimes such as abortion, insecure marriages and weak family relations…. No wonder Islam regulates the sexual relationship in a way that permits a male or a female to satisfy the instinct of sex but also to shoulder responsibility to its outcome. So the community’s needs are kept in balance and the individual’s rights are preserved, especially the rights of the innocent infants and children. It is their right to find someone who takes care of them without putting the whole burden on the mother. It is not fair that both the male and female enjoy the sexual relation and the male gets away with it easily. In fact, those laws or resolutions calling for free sexual relations are only legalizing men’s exploiting females in the worst form of exploitation.
Even in cases of using contraceptives, in reality, we are depriving females from satisfying the motherhood instinct. Besides, the problem appears in another form; i.e., depriving the community or the nation of an essential sector of the population, the youth. The number of the aged will eventually increase while the number of the younger generation decreases. This will, certainly, have its negative social, economic and defense impacts on the nation. In addition to that, the illegal relationship may lead to the crime of revenge because of the natural jealousy.
For all these evils of free sexual relationship, Islam, which is concerned about the rights of the female and the helpless children, assigns a severe punishment that may secure a healthy, productive relationship between the two sexes.
It is true, the punishment is severe, but Islam requires proofs, which could be considered next to impossible, in order to leave room for the two to repent and to be covered. For example, to prove a person guilty of adultery there has to be four witnesses who are able to describe the sex act in detail. Not only that, to protect especially the females’ reputation Islam assigned a severe punishment for false accusation. Allah says: {And those who accuse chaste women and do not produce four witnesses flog them with eighty lashes and reject their testimony forever.}([10])

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([1] ) Holy Quraan, 2: 178.

([2] ) Holy Quraan, 5: 32.

([3] ) Holy Quraan, 2: 179.

([4] ) Holy Quraan, 5: 2.

([5] ) Holy Quraan, 5: 38.

([6] ) A Companion is a Muslim male or a female who saw Prophet Muhammad in
person.

([7] ) The Day of Sacrifice is the tenth day of the twelfth month according to the
Islamic calendar, when pilgrims offer their sacrifices.

([8] ) al-Bukhari: Haj.

([9] ) Holy Quraan, 24: 2.

([10] ) Holy Quraan, 24: 4.

[فداء الرسول]

Where is the Truth about Death Sentence for Adulterers?

The death sentence for an adulterer who has experienced marriage life is subject to a hot discussion. There are scholars who support the opinion that this punishment is still valid. Their evidence is that the Prophet executed this rule in case of Ma’ez al-Aslami([1]) the Ghamidi woman([2]) the Juhani woman([3]) and Shurahah.([4]) Also the Prophet said: “the adulterer [who had experienced marriage] deserves one hundred lashes and death sentence by stoning.”([5]) Umar the second Caliph said that the verse which imposed this rule has been removed from the Holy Quraan but not the ruling.([6])
There are others who said that this ruling of punishment is only to scare off a person from committing adultery because adultery was so widely spread at the advent of Islam. So, there was a need to stop it by announcing a very severe punishment, but, originally, it was not to be executed. This group summarizes its arguments in the following points:
1. Islam made it very difficult, actually next to impossible, to prove adultery by requiring four witnesses seeing the actual intercourse taking place in a way that is impossible under normal circumstances. Not only that, but it also threatened anyone who slander a chaste man or woman by accusing him/her of adultery to be lashed eighty lashes.([7]) It also gave the accused wife a chance to clear herself of this guilt only by giving four testimonies swearing by Allah that the accusation is false and a fifth oath that that the wrath of Allah be upon her if the accusing husband was truthful .([8])
2. All cases during the prophet’s time were executed based on a willful confession, and the Prophet (pbuh) desperately tried to avoid the need for applying the ruling. To take an example of Ma’ez, the Prophet turned away from him four times on different days, he asked the man’s folks about his mental situation and tried through embarrassing questions to dissuade him. Finally, when the Prophet was told that Ma’ez ran away during the execution of the judgment of stoning and they followed him, he said: Why did you not leave him alone?
Concerning the Ghamidi woman the Prophet kept delaying her punishment, hoping she would not come back and refrain from confession. She kept insisting till he told her, in the last time, to come back after she completed breast-feeding her child; i.e., two years of delay.
3. One person cannot commit adultery. Yet, in all cases except one the Prophet did not make any effort to find out who was the other party to be punished. The only case is when the husband took compensation from his wife’s partner and the case was presented before the Prophet.
4. The evidences of abrogation of the ruling is stronger because: (a) There was another ruling for a wife who commits adultery that was not stricken out of the Holy Quraan but the ruling was abrogated. (b) Therefore, if the verse was removed from the Holy Quraan, as claimed by some, the ruling must have been abrogated too.
In fact, the warning of very severe punishment is found in other cases such as cursing those who are involved in usury, a woman who use tattoo or does it for the others.([9]) Here, cursing does not mean praying for the person to be deprived from the mercy of Allah, but is used as an intensified warning.
This kind of regulation is familiar even in the man made law. For example, some states in the USA assign a fine of five hundred dollars for lettering on highways.
In general, when we look carefully at these forms of punishments we notice that they concentrate on the public’s rights. For whoever practices sex in a way that four people can describe up to the details is not violating the relative’s honor, but offends and challenges the public morals as well.

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([1] ) ibn Maajah: al-Hudood.

([2] ) Imam Ahmad: Bagi Musnad al-Ansar.

([3] ) Imam Ammad: Musnad al-Basriyeen.

([4] ) Imam Ahmad: al-Asharah al-Mubashareen bil Jannah.

([5] ) Muslim: al-Hudood.

([6] ) al-Bukhari: al-Hudood.

([7] ) Holy Quraan 24: 4.

([8] ) Holy Quraan 24: 6-9.

([9] ) for example al-Bukhari: the dealings.

[فداء الرسول]

Does a Person Deserve Death Sentence for Apostasy?

As we mentioned earlier, there is no compulsion in religion, but when a person chooses Islam willingly he is signing a life long bond with Allah. Therefore, some Muslim scholars justify the Prophet’s saying: “Whoever changes his religion kill him.”([1]) This, is in a way similar to a person who agrees to become a citizen of a country, which implements capital punishment for certain crimes. The agreement is binding on all parties, and no party can break from it without the consent of the other party. Furthermore, this ruling came when there were no sufficient records for the citizens, and the only way to distinguish between the different categories was religion.([2]) It was easy for the Muslims’ enemies to change their religion back and forth to create confusion among Muslims and to lure them into disbelief. So, there was a need to close this door, at least by declaring a severe punishment for those who did that.
Religion was a major form of identity; it imposes duties and grants privileges, which could be misused. The Islamic state, as any other state, does not allow people to play with the law or to exploit the national identity. As an example of exploitation of the Islamic identity the Holy Quraan reads: {A section of the people of the Book say: “Believe in the morning what is revealed to the Believers, But reject it at the end of the day: perchance they may themselves turn back.}([3]) It could also be added that Islam is the latest version of the Divine religion, and for a Muslim to turn back to Christianity or Judaism is reverting, but the other way around is a kind of advancement.
However, Muslim scholars have differed on the nature of this ruling, whether it is for literary implementation or it is only a threat, especially because of the following:
1. There is no agreement about applying that to females.
2. There is agreement about the necessity of the opportunity for repentance, but there is disagreement about its duration. In fact, some scholars are convinced that it is a life long opportunity because Allah says: {And whoever of you reverts from his religion (to disbelief) and dies while he is a disbeliever –for those their deeds have become worthless in this world and the Hereafter…}([4]) Also because the Prophet said that deeds are bound with to their endings.([5]) The prophet said too: “Allah accepts the repentance of his servant up to his last breath.”([6]) In another Prophetic tradition death punishment is tied up with taking a hostile position against Islam along with apostasy.([7])

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([1] ) al-Bukhari: al-Jihad.

([2] ) Islam experienced in Medina’s political entity the religious and race
multiplicity fourteen centuries ago.

([3] ) Holy Quraan 3: 72.

([4]) Holy Quraan, 2: 217. see Saheeh International translation.

([5] ) al-Bukhari: ar-Riqaq; see also Ismaeel pp. 54-55; and see Chapter 2: 217,
Ahmad: sanadul mukthreen mnas sahabah.

([6]) Ahmad: sanadul mukthreen minas sahabah.

([7]) al-Nisaee: tahreem addum.