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Old 08-23-2016, 10:23 PM
 
Location: Not-a-Theist
3,440 posts, read 1,582,753 times
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Here is one view by Tarek Fatah;


https://www.youtube.com/watch?v=DJtL...JvSEfzYfRpW9bP

What is emphasized here is the terrible infighting between the companions of Muhammad and I believe these political and evil events did influence how the later Medinian verses in the Quran were reconstructed heavily [on a back tracked basis] with evil laden martial elements.

Views?
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Old 08-24-2016, 01:56 AM
 
3,166 posts, read 1,037,403 times
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It's like G. W. Bush telling you how Islam is peace:


https://www.youtube.com/watch?v=koUTLXAITu8

You would believe anything on youtube.
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Old 08-24-2016, 08:29 PM
 
Location: Not-a-Theist
3,440 posts, read 1,582,753 times
Reputation: 461
Quote:
Originally Posted by Khalif View Post
It's like G. W. Bush telling you how Islam is peace:

You would believe anything on youtube.
Don't insult your own intelligence. You agree with Bush stating Islam is peace, which mean you agree with the above.

Are assuming you are so stupid that when you listen to anything in Youtube you will automatically believe it to be true?

I am not claiming what is in the video is 100% true. However what I heard from that video has elements of truths when reviewed with historical information from other sources and in the light of human nature.

Point is I am confident of my truth-meter to filter out lies from whatever the source.

Last edited by Continuum; 08-24-2016 at 09:54 PM..
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Old 08-25-2016, 12:58 AM
 
3,166 posts, read 1,037,403 times
Reputation: 289
Quote:
Originally Posted by Continuum View Post
Don't insult your own intelligence. You agree with Bush stating Islam is peace, which mean you agree with the above.

Are assuming you are so stupid that when you listen to anything in Youtube you will automatically believe it to be true?

I am not claiming what is in the video is 100% true. However what I heard from that video has elements of truths when reviewed with historical information from other sources and in the light of human nature.

Point is I am confident of my truth-meter to filter out lies from whatever the source.
You misunderstood as usual!

I do not post from youtube except to show you your ignorance in quoting from youtube when discussing about Islam.

Both videos are discredited. It means, both are not truths.
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Old 08-28-2016, 10:40 AM
 
Location: Logan Township, Minnesota
15,511 posts, read 13,279,617 times
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Shariah (Jurisprudence) developed pretty much as a response to local needs for order.

Shariah like many legal codes has a degree of flexibility. While there have been and continue to be different Schools of Jurisprudence (Madhabs) they have numerous commonalities. Such as containing different classifications of law: Family Law, Religious law, Civil law, Business Law, Criminal Law etc.

What many non-Muslims see as Shariah are the Monarchy laws of the KSA and the Ayatollah interpretations of Jafa'ari in Iran. The origin of both of those are probably what needs to be looked at. (But that is another topic)

As for the origin of Shariah:

These paragraphs from Islamic and Non-Islamic sites might help a person get some understanding of Sharia and how it developed and continues to develop.

Quote:
The Koran sets down basic standards of human conduct, but does not provide a detailed law code. Only a few verses deal with legal matters. During his lifetime, Muhammad helped clarify the law by interpreting provisions in the Koran and acting as a judge in legal cases. Thus, Islamic law, the Sharia, became an integral part of the Muslim religion.

Following Muhammad's death in A.D. 632, companions of Muhammad ruled Arabia for about 30 years. These political-religious rulers, called caliphs, continued to develop Islamic law with their own pronouncements and decisions. The first caliphs also conquered territories outside Arabia including Iraq, Syria, Palestine, Persia, and Egypt. As a result, elements of Jewish, Greek, Roman, Persian, and Christian church law also influenced the development of the Sharia.
The Origins of Islamic Law - Constitutional Rights Foundation


The History of Islamic Law


Islamic legal history is in a sense the history of fiqh rather than of the Shariah. The Shariah had a short history, as its development began and ended in just over two decades during the Prophet's mission in Mecca and Medina. Only the rudiments of fiqh were laid down during this period, and there was no distinction between the legal subject matter of Islam and its other parts at this early stage. Fiqh in this period referred to the knowledge of religion in general; the distinction that confined fiqh to practical legal rules was made by the ulama (religious scholars) of later periods. This was to a large extent stimulated by the documentation of hadith (a verified account of a statement or action of the Prophet Muhammad) and the extensive materials that were consequently made available for fresh inquiry and research. Legal historians have distinguished six periods in the development of fiqh. In the initial phase - the prophetic period (ca. 610-32 C.E.) - the Quran was revealed and the Prophet explained and reinforced it through his own teaching and practice, the Sunna. There was a general preoccupation with the Quran and the emphasis was not as much on law as on the dogma and morality of Islam. The legal rulings of the Quran, which were mainly revealed during the second decade of the prophetic mission, were primarily issue-oriented and practical. There was no need for speculative legal reasoning (ijtihad) simply because the Prophet himself provided definitive rulings on issues as and when they arose.
NITLE Arab World Project

Islamist Understanding of Shari‘ah

Now a great problem today is that a new movement within Islam, the Islamist movement, has innovated a non-traditional approach to Shariah which vitiates all of the past approaches and establishes a rigid, hardline and non-pragmatic approach which vitiates all semblance of humaneness, sanity, moderation and decorum which constituted Islamic Law’s traditional implementation over the past 14 centuries of history.

Islamist states take the letter of the law – this is ‘Black letter law’ without regard to precedence. As Christopher Houston asserts:

Indeed, the logic of the Shariah, with its minimal number of clear interdictions, and maximal scope for the interpretative extension of key precepts to particular situations, means that any freezing of the ulama’s ‘arbitrary’ decisions arises not so much from the essential characteristics of the Shariah, but from the historic institutionalizing of a particular legal tradition or method of exegesis or from the hegemony of a particular interpretation. Whether this lack of institutional and conceptual closure ironically encourages modern Islamist states (Saudi Arabia?) or groups to force such closure is another question. Paradoxically, the provisionality of law-making allows some Islamist groups to interpret the Qur’ān as affirming a radical negation of human autonomy.[1]

Traditional governments in Islam on the other hand, follow precedents established over many centuries – just as is done in the US - they do not follow absolute ‘letter of the law.’

Olivier Roy sums up the position of traditional Islam when he writes:

The Shariah is never closed, for it is based not on a core of concepts, but rather on an ensemble of precepts which is at times general, at times precise, and which expands to include the totality of human acts through induction, analogy, extension, commentary, and interpretation.[2]
Understanding Islamic Law

Role of the arbitrator
Within Arabian customary law, however, arbitration had provided parties with a structure within which various rights and obligations under dispute could be settled and could rightly be said be said to have laid the foundations of modern arbitration.

A suitable ad hoc arbitrator known as a “hakam” was chosen for his personal qualities, his reputation in belonging to a family famous for their competence in deciding disputes and, perhaps, for his apparent supernatural powers of divination (3).

Because these supernatural powers were most commonly found amongst the “kahin” or soothsayers, they were most frequently chosen as arbitrators. The “hakam’s” decision, which was final, was not however an enforceable judgment, but rather a statement of right on a disputed point.

This had the effect of providing an authoritative ruling on what the customary law was or indeed ought to be – thus the function of the arbitrator merged with that of the lawmaker, resulting in the application of legal custom or “sunna” (i.e. the ancient practices of the Arabs – precedent or custom).(4)

This concept of “sunna” would later become one of the most important constituents in the development of Islamic law.
Islamic law - the beginnings: The Journal Online

Sharia stays in a state of change as it is highly flexible and adaptable to the traditions of the local community or Nation. Like US law it is always subject to change based upon the needs of the populace.
What you find practiced by ISIS, and also in KSA, Iran and the Aceh Province of Indonesia reflects Shariah adapted to the local legal systems. The concept of Shariah followed by any Nation is not representative of Shariah in every Nation as Sharia is not a specific set of rigid, unchangeable laws.
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Old 08-28-2016, 11:46 AM
 
Location: Logan Township, Minnesota
15,511 posts, read 13,279,617 times
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Adding to my above post here is a very good article on the development of the Hanafi Madhab of Sharia:

An Introduction to Islamic Jurisprudence with Special Reference to the Hanafi School of Law
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