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Old 10-02-2011, 09:07 PM
 
Location: Toronto, ON
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Is the right to vote; at least then the right to acquiring the vote by the aspiration of literally loving one's husband (as opposed to let's say divorcing Him) part of the Sharia Law, ha.u? A good few years back under Bush there was the case of regard for jurisprudens in a Baghdad courtroom for the Aqaeda concerned arrestee, not that he was as much resolved to concerns of guilt as to the present facts resolved of his specific matrimonial situation.
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Old 10-02-2011, 09:40 PM
 
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Originally Posted by Woodrow LI View Post
Which is why under sharia only 5 crimes require an earthly punishment. those 5 are:

  • Theft (sariqa, السرقة)
  • Highway robbery (qat' al-tariq, قطع الطريق)
  • Illegal sexual intercourse (zina', الزناء)
  • False accusation of zina' (qadhf, القذف)
  • Drinking alcohol (shurb al-khamr, شرب الخمر)

It should also be noticed that these 5 Hadd (Hadud) crimes affect people and are crimes against people. The implimentation of and severity of punishment is at the descretion of the Madhab followed by the Country it occurs for. Hanafi seek leniency, Jafa'ari demands the most severe punishment allowed. Only Iran follows the Jafa'ari Madhab of Sharia.
You left out جريمة قتل (murder) and neither of the two adultery laws الزناء (adultery) or القذف (ejaculation) should ever be part of secular law.The prohibition of drinking شرب الخم has no place in secular laws either.
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Old 10-02-2011, 09:42 PM
 
Location: Logan Township, Minnesota
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Originally Posted by Chango View Post
Just what we need *more* "laws"...
Sorry Sharia laws can only be applied to Muslims. All of the Madhabs are in agreement with that. If you ain't Muslim, Sharia is not supposed to apply to you.
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Old 10-02-2011, 10:26 PM
 
Location: Sitting beside Walden Pond
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Originally Posted by Woodrow LI View Post
Here in the USA several states do allow sharia for civil cases provided all involved agree to it.
What if two people, A and B, have a disagreement and they agree to have it settled under Sharia law. The Sharia judge decides in favor of B. Then A gets mad and refuses to accept the decision.

I guess there is nothing that can be done about it under state law, is there?
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Old 10-02-2011, 10:27 PM
 
Location: Logan Township, Minnesota
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Originally Posted by MysticPhD View Post
You left out جريمة قتل (murder) and neither of the two adultery laws الزناء (adultery) or القذف (ejaculation) should ever be part of secular law.The prohibition of drinking شرب الخم has no place in secular laws either.


Murder is not one of the Hadud crimes. Murder is complex and involves a non set penalty. Murder while illegal it is not a Hadd crime and is tried as one of the other 3 type crimes..

Hudud offenses are defined as "claims of God," and therefore the sovereign was held to have a responsibility to punish them. All other offenses were defined as "claims of [His] servants," and responsibility for prosecution rested on the victim. This includes murder, which was treated as a private dispute between the murderer and the victim's heirs. The heirs are given the right to forgive the murderer, or demand compensation or demand execution of the murderer.

One convicted of murder will be punished in accordance with the victems heirs, decision. Punishment will be one of the following or the heirs may forgive the murderer and not seek any punishment.

Qisas - meaning retaliation, and following the biblical principle of "an eye for an eye."

Diyya - compensation paid to the heirs of a victim. In Arabic the word means both blood money and ransom.


Tazir - punishment, usually corporal, administered at the discretion of the judge

The punishment will also depend on the Madhab the country or state follows.

Three of the madhabs are quite lenient and 2 the Hanbali and Jafa'ari demand strict punishments, usually the maximum permitted.
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Old 10-02-2011, 10:35 PM
 
Location: Logan Township, Minnesota
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Originally Posted by hiker45 View Post
What if two people, A and B, have a disagreement and they agree to have it settled under Sharia law. The Sharia judge decides in favor of B. Then A gets mad and refuses to accept the decision.

I guess there is nothing that can be done about it under state law, is there?
There is a recourse in a non-Islamic State, as that leaves open the right to file under State law for breach of contract as the agreement was all parties would abide by the decision of the sharia court.

It is a very hypothetical question as very few Muslims would go back on their word to abide by the judges decision.
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Old 10-02-2011, 10:40 PM
 
Location: Logan Township, Minnesota
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Originally Posted by tgnostic View Post
Is the right to vote; at least then the right to acquiring the vote by the aspiration of literally loving one's husband (as opposed to let's say divorcing Him) part of the Sharia Law, ha.u? A good few years back under Bush there was the case of regard for jurisprudens in a Baghdad courtroom for the Aqaeda concerned arrestee, not that he was as much resolved to concerns of guilt as to the present facts resolved of his specific matrimonial situation.
Interesting Question. To be honest I do not know the answer.
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Old 10-03-2011, 04:54 PM
 
Location: Log home in the Appalachians
10,513 posts, read 10,337,863 times
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Originally Posted by Woodrow LI View Post
There is a recourse in a non-Islamic State, as that leaves open the right to file under State law for breach of contract as the agreement was all parties would abide by the decision of the sharia court.

It is a very hypothetical question as very few Muslims would go back on their word to abide by the judges decision.

Now this is interesting, in a non-Islamic State how can a sharia court be legal? I would imagine that its jurisdiction has no bearing on the laws of that state and that would make any decisions that a sharia court makes non-binding.
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Old 10-03-2011, 08:57 PM
 
Location: Logan Township, Minnesota
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Originally Posted by ptsum View Post
Now this is interesting, in a non-Islamic State how can a sharia court be legal? I would imagine that its jurisdiction has no bearing on the laws of that state and that would make any decisions that a sharia court makes non-binding.
They can only be used in Non-Muslim states if the state agrees to them to be an option for Muslims in which all parties are Muslim and agree to abide by the decision of an Islamic court. This can only apply to civil laws such as divorce, adoption, business contracts etc. all of the Sunni Madhabs of Sharia do not dispute the state's rights to set and enforce criminal cases. We are only asking for the Same rights the Jews have in regards to civil matters. In every US State and Canadian Provence Jews are permitted to use Judaic law in civil cases.
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Old 10-05-2011, 05:04 PM
 
Location: Sitting beside Walden Pond
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Originally Posted by Woodrow LI View Post
They can only be used in Non-Muslim states if the state agrees to them to be an option for Muslims in which all parties are Muslim and agree to abide by the decision of an Islamic court.
I'm not sure what that means, Woodrow. What is the state agreeing to?

If you and I have a dispute, I think the state would let us settle it any way we want. We could do a rock-paper-scissors contest or have a Muslim arbitrator settle it for us. If the loser tries to weasel out of things, the state does not care.

In other words, the state will not ENFORCE the outcome of the contest.

That is probably how it is with Judaic law in this country, and the same with Sharia law. You can use Judaic or Sharia law to settle a dispute, but don't count on the state to ENFORCE a settlement of the dispute.
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