Honor Killing

I am a student of law and presently working on the comparative study of murder and homicide law in Islam and in the Western legal tradition. While doing research on the topic of honour killings I came across with the various judgments of Pakistani courts and of other Islamic countries courts wherein the judges viewed such killings as justified for various reasons:

1. the adulterous is otherwise liable to be punished with death,

2. the murder is committed because of ghairat and the prophet (pbh) has asked people to defend their ghariat,

3.murder is committed because of IZTARAR

4. the person who commits adultery becomes ghair Masoom-ud-dam

5. the killing is done in the discharge of duty which rests upon every Muslim to eliminate evil in possible ways.

These are the five main contentions with some more flimsy reason/grounds they consider while dealing with such murderers with indulgence. I have some very serious objections on all of their arguments. Firstly, Nobody in Islam is allowed to take law in his own hands. Secondly, if the people committing adultery are murdered how the murderer would prove that they were committing such an act which was liable for the death penalty. Thirdly, in saying this he should have brought the evidence which is required to prove the offence of zina - four witnesses who had seen the commission of the sexual acts. Fourthly, no individual can declare another individual a gair Masum-ud-dam. Fifthly, the obligation to eliminate the evil cannot be extended to an extent wherein the wrongdoer may be killed.

There is a lot which my research suggests but I would like to take benefit of your opinion before concluding my research on this topic. I shall be very grateful if you could explain the issue with reference to some primary sources of Islamic law.

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Implementation Of The Hudood Laws

Hudood Ordinance has been hotly discussed recently. People still are guilty of moral violations, the urban population being aware of it, the rural largely ignorant. Our local mosques and clerics too are culpable for this ignorance. If social education is the premise for establishment of shari‘ah, then will this ever happen in our current circumstances in Pakistan? Or will shari‘ah never be implemented?

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Punishment Of Rajam And The Qur’an

Dear Mr. Ghamidi,

I am a regular listener of you and watch your programmes regularly. Although regarding your certain points and opinions I am completely opposed and I think they are in completely in contrast to the teachings of the Messenger of God and Holy Quran yet I must appreciate your positive points and I still I think that you are doing a fine job by explaining Islam to a common man in a logical way.
What today alarmed me was that once you said that the extreme punishment of “zina” or adultery in Islam is whipping (or 100 lashes) regardless of the fact that whether the culprits were married or not. Before your statement I was of the knowledge that only the “(munkirīn-e-ḥadīth)” or the deniers of the Ḥadīth hold this extreme view point. I was surprised to listen to your this viewpoint because my understanding is that you are not amongst them because you have sometimes quoted out of Ḥadīth. We all know that the punishment for the adultery is very explicitly mentioned in the most authentic books of ḥadīth that is to say the Muslim and Bukhārī. There are yet very clear incidents narrated in these books which speak of executions for the same very offence by “rajm” or stoning till death.
If you deny the validity of “rajm” it means that these punishments given by the Messenger of God were not justified as we know during the times of pagan Arabs no such punishment was ever given for adultery. Moreover, this punishment is also mentioned in the Old Testament and was sometimes practiced also under the Jewish Law. Mawlānā Mawdūdī has also dedicated a lengthy passage explaining the purpose of this punishment citing historical evidence in Tafhīm-al-Qur’ān. Ibn-i Kathīr and most of other Islamic scholars including the four schools of jurisprudence are of the unanimous opinion that the punishment for this offence is lashes in case of un-married and “rajm” for the married.
Your opinion in this case is incomprehensible in case you uphold the validity of Ḥadīth and Sunnah. However, I may have misread you that you once I say that you are not one amongst those who deny the authenticity of Ḥadīth, because if that is the case I would request to please clarify yourself so that I may be in a position to explain it to other people to whom I quote you extensively. It would be unfortunate for me if you are amongst the “munkirīn-i-ḥadīth” because I don’t consider their opinion at all but here I have on numerous occasions quoted you.
Secondly, by the way if a woman will lead prayers in front of me, I will concentrate more on her body parts rather than the prayers or on God. Perhaps it was for sinful people like me who exist more in the society that women never lead a mixed congregation or prayers.
Shams Zaman
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Harsh Islamic Pnushments

Islamic punishments like, for example, chopping hands off for stealing and capital punishment for murder sound unfair to many. Can these punishments be awarded and executed nowadays when everything is defined by the value of acknowledged human rights, it is often maintained? Many western countries already hold them to be unethical. Instead of these extreme punishments that were exercised during the remote past, now stress is laid on lighter version of punishment for any social crime. My question is: is it against the commandmant of Allah to replace the strict punishemtns prescribed in the law with the lighter ones even when the offender is a professional?

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Punishment Of Apostasy

I live in UK and am trying to dispel some of the misconceptions that I have regarding some sensiytive issues. I was very concerned about the issue on punishment for apostasy. In this regards I came across Mr Shahezad Saleem’s views on the following youtube link: http://www.youtube.com/watch?v=U8Y6WpnFKJM>.

I desparately require your assistance so that I can clarify what the real ruling is. I am in rather confused.
I noticed that you focus on the word Mushrikoon but I do not see that in all relevant narratives including the one you quote “faman baddala deenahu …” I am not able to see that it is limited to mushrikoon of Makkah. I also note that almost all the schools in Islam hold that the apostate has to be executed.
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