Sunday, 17 May 2015

The Sharing Group Discussion on the Moratarium for the Hadd

 بِسۡمِ ٱللهِ ٱلرَّحۡمَـٰنِ ٱلرَّحِيمِ

Brother Tarek Walad posted this on The Sharing Group on the 29th April, 2015, by Prof. Tariq Ramadan: An International Call for Moratorium on Corporal Punishment, Stoning & the Death Penalty in the Islamic World.

Brother James Harris: Very interesting.  Thanks for sharing this, Sidi Tarek.

Brother Terence Helikaon Nunis: I support the idea of a moratorium.

Brother Frederick Jacob Kohn: Exactly what I said yesterday: The opposition and condemnations by the West supplies, paradoxically, the popular feeling of fidelity to the Islamic teachings; a reasoning that is antithetical, simple and simplistic.  Some will persuade themselves by asserting that the West has long since lost its moral references and became so permissive that the harshness of the Islamic penal code which punishes behaviours judged immoral, is by antithesis, the true and only alternative to ‘Western decadence’.  These formalistic and binary reasoning are fundamentally dangerous for they claim and grant an Islamic quality to a legislation, not in what it promotes, protects and applies justice to, but more so because it sanctions harsh and visible punishment to certain behaviours and in stark contrast and opposition to the Western laws, which are perceived as morally permissive.

Brother Tarek Walad: The late Dr. Fazlur Rahman (r.a.) pointed out, “To insist on literal interpretation of the rules of the Qur’an, shutting one’s eyes to the social change that has occurred and that is so palpably occurring before our eyes, is tantamount to deliberately defeating its moral-social purpose and objectives.  It is just as though, in view of the Qur’anic emphasis on freeing slaves, one were to insist on preserving the institution of slavery so that one could earn merit in the Sight of God by freeing slaves.  Surely the whole tenor of the teaching of the Qur’an is that there should be no slavery at all.”

The problem is that a significant segment of the ‘ulama continues to believe that allegiance to these laws demonstrates fidelity to the faith as if hudud were a pillar of Islam and not open for social change.  There are massive challenges confronting most Muslim societies today, ranging from poverty and exploitation to authoritarianism and foreign domination that cannot be resolved through the promulgation of hudud ordinances.  I like the Idea of the moratorium until we have found new solutions and everyone who questions the relevance of hudud in our times against rigid and legalistic laws without flexibility respects in reality the eternal Islamic mission of protecting human dignity and promoting social justice.

Brother Colin Turner: Not only a moratorium, Brother Terence, but an outright, permanent ban on punishments such as stoning, beheading, collapsing walls on people and such like.

Brother Terence Helikaon Nunis: I was just going through the new Brunei shari’ah statutes.  It is not very pleasant reading.  Brunei has reverted to the Stone Age.

Brother James Harris: I thought the Muslim masses had got over the idea that the more brutal the methods of punishment meted out by their governments, the more just their legal system will be.

Brother Colin Turner: So few are the signs of Islam among most Muslims today that the only way that most of can be sure that our society is ‘Islamic’ is if we're executing people left, right and centre.

Brother James Harris: Yes, in a way, it does make us different from the ‘kuffar’.

Sister Shima Umm Ramy: There is no stoning in Islam, says Dr. Adnan Ibrahim: No Stoning in Islam (1/1), No Stoning in Islam (2/1).


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