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In the
name of the merciful and compassionate Lord.
0 thou who art
enwrapped!
Rise by
night except a little the half, or
deduct there from a little,
and chant the sacred
text.
Verily, we will cast on thee a
heavy speech.
Verily, the early part of the
night is stronger in
impressions and more upright in
speech!
Verily, thou hast by day a
long employment; but mention the name of thy
Lord,
Devote thyself thoroughly to Him; there is no God but
He; then take Him
for a guardian!
And endure patiently
what they say, and flee from them with a decorous
flight.
And leave
those who say it is a lie, who are possessed
of comfort; and let them bide for a while.
Those who bear the
throne and those around it
celebrate the praise of their
Lord,
Believe in Him,
and ask pardon for those who believe.
'Our Lord, thou
dost embrace all
things in
mercy and knowledge, then
pardon those who turn repentant and
follow thy way, and
guard them from the torment of
hell!'
'Our Lord make
them enter into gardens of
Paradise which thou hast
promised to them, and to those who do well of
their fathers, and their
wives, and their seed; verily, thou art the mighty, the
wise.
Guard them from
evil deeds, for he whom thou shalt
guard from evil deeds on that
day, thou wilt have had
mercy on, and that is mighty
bliss!'
IN the name of the
merciful and
compassionate God. By the
night when it veils! And the
day when it is displayed! And by what
created male and female! Verily, your efforts are
diverse! As for him who gives resources and stands in
awe of God, And believes in the best, We will send him easily to ease! As for him
who is closefisted, And longs for wealth,
And calls the good a
lie, We will send him easily to difficulty! And
his wealth shall not avail him!
Verily, in the
creation of the heavens and the Earth, and in the succession of
night and
day, are signs to those possessed of
minds; who
remember God standing and sitting or lying on their sides,
and reflect on the
creation of the heavens and the Earth.
'0 Lord! Thou hast not created it all in vain.
We celebrate you
Lord!'
-from the Quran , Islamic
sacred text, which teaches
tolerance and moderation in all
things
Sharia, Shari-'ah, Shari'a,
Shariah, Syariah, Islamic law or the
Law of AllahShariah
controls, rules and regulates all public and
private
behavior.
Shariah has regulations
for personal hygiene, diet, sexual conduct, and
elements of child rearing.
Mainstream Islam distinguishes between fiqh,
which means 'understanding of
details' and refers to the inferences drawn by scholars, and sharia, which
refers to the principles that lie behind
the fiqh.
Scholars hope that fiqh and sharia
are in harmony in any given
case, but they cannot be sure.
Sharia has certain
laws which are regarded as divinely ordained,
concrete and timeless for all relevant
situations (for example, the ban against drinking liquor as an intoxicant).
Sharia also has certain laws which are
extracted based on principles
established by Islamic lawyers and judges (Mujtahidun).
The sharia as
interpreted by Islamic lawmakers is
believed by Muslims to be merely a
human approximation of the
true Sharia, which is understood as the
divine and eternal correct
path.
In deriving Sharia
law, Islamic lawmakers are not, therefore,
actually creating divinely correct or
incorrect actions beyond question,
but rather attempting to interpret
divine
principles.
Sharia in general is
considered divine, but a lawyer's or judge's extraction or
opinion on a given matter is not, though the
process and intention to refer to Allah's
law is divinely sanctioned.
An Islamic lawyer or judge's attempts
to rule according to Sharia, can be
described as 'ruling by Sharia', but this
ruling is not beyond question.
For
Sunni Muslims, the primary
sources of Islamic law are the Qur'an, the Hadith or directions of the
Islamic prophet Muhammad, the
unanimity of Muhammad's disciples on a
certain issue (ijma), and Qiyas (drawing
analogy from the
essence of
divine
principles).
Qiyas - various
forms of reasoning, including by
analogy - are used by the
law scholars (Mujtahidun) to deal with
situations where the sources provided no
concrete rules. The consensus of the
community, public interest,
and others were also accepted as
secondary sources where the first four
primary sources allow.
In Imami-Shi'i
law, the sources of law
(usul al-fiqh) are the Qur'an, anecdotes of Muhammad's practices and those of
the 12 Imams, and the intellect (aql).
The practices called Sharia
today, however, also have roots in local customs (Al-urf). Islamic
jurisprudence is called fiqh and is divided into two parts: the study of the
sources and methodology (usul al-fiqh - roots
of the law) and the practical
rules (furu' al-fiqh - branches of the
law).
The authority of Sharia is drawn
from two primary sources, as well as two
secondary sources. The first major
source is the specific guidance in the
Qur'an, and the second source is the Sunnah,
literally the 'Way', i.e. the way that Muhammad (the
prophet of Islam)
lived his life. (The compilation of all that Muhammad said,
did or approved of is called the Hadith.)
A lesser
sources of authority is Qiyas, which is the
extension by analogy of
existing Sharia law to new situations.
Finally, Sharia law can be based on
ijma, or consensus. Justification for this final approach is drawn from the
Hadith where Muhammad states; "My nation cannot agree on an
error."
The role of ulema, i.e.
scholars, is critical, since they are the ones who study the Islamic
law and therefore have authority to represent
it.
Sharia has largely been codified by the
schools (madhhabs) of Islamic
Jurisprudence (Fiqh).
The comprehensive nature of Sharia
law is due to the belief that the law must provide all that is necessary for a
individual's spiritual and
physical well-being.
All possible actions of a Muslim are divided (in
principle) into five
categories: obligatory,
meritorious, permissible, reprehensible, and forbidden.
Fundamental to the obligations of every
Muslim are the Five Pillars of Islam.
Sharia is the
social equal to English Common
law, European civil law, Socialist law,
Hindu law and the law of Moses.
Crime and
IslamSharia has a very high level of proof for the most serious
crimes and punishments. If
proof is not as specified then the crime must be considered a lesser crime. The
major myth is that judges in Islamic nations
have fixed punishments for
all crimes. The judge under Sharia is not bound by precedents,
rules, or prior decisions as in English
common law.
Hadd crimes, the most serious crimes in Sharia
law, are murder, apostasy,
making war upon Allah and His messengers, theft, adultery, defamation,
false accusation of adultery or fornication,
robbery and
consumption of
intoxicants. These are considered crimes against Allah.
Tazir crimes are acts which are punished because
the offender disobeys Allah's
law and word.
Tazir crimes are crimes against society.
A Qesas crime is one of retaliation. If you commit
a Qesas crime, the victim has a right to
seek retribution and retaliation.The
concept of retribution was found in the
first statutory "Code of Hammurabi"
and in the law of Moses in the form of "an eye
for an eye." Muslims add to that saying "but it is better to forgive."
Contemporary common law today still is
filled with the assumptions of retribution. The American justice
system has adopted a retribution model
which sets fixed punishments
for each crime. The American federal code
contains "mandatory minimum" sentences for drug dealing. Many states have fixed
punishment for
drug, violence
and the use of particular weapons. Qesas
crime is simple retribution: if one commits a crime he
knows what the
punishment will
be.
Diya has its roots in Islamic
law and dates to the time of the
prophet Mohammad when there were
many local families,
tribes and clans. The
prophet Mohammad was able to
convince several tribes to take a monetary
payment in retribution for damage to the clan
or tribe.
Diya is paid by the offender
to the victim if he is
alive. If the
victim is dead, the
money is paid to the
victim's family or to the
victim's clan or tribe.
The assumption is that victims will be
compensated for their loss.
Under
English common law, the
victim or family must sue the offender in a civil tort
action for damages. Qesas law combines the
process of criminal and civil hearings into one, just as the "civil
law" is applied in many nations on
Earth. Qesas crimes are compensated as
restitution under common law and civil
law. The Qesas crimes require compensation for
each crime committed.
Apostasy in
IslamIn some interpretations of an Islamic state,
conversion by Muslims to other
religions is forbidden and is termed
apostasy.
In Muslim theology, apostasy resembles the crime of treason,
the betrayal of one's own country.
Penalties may include ostracism or even execution if they
live or have
lived in an "Islamic State" and are deemed
enemies of the state.
By
analogy, in the age of
nation states, an individual who
commits treason (turning state's
secrets to a foreign
power, or spies for a foreign
power, etc) is subject to severe penalty -
historically,
death.
A well
known example of a Muslim "apostate"
undergoing persecution is that of Salman Rushdie, whose
novel The Satanic Verses
prompted Khomeini to issue a fatwa (religious opinion) for his execution. Even though some
suspect that Khomeini issued this fatwa more because of the lampooning
of Khomeini himself it could be argued that Khomeini's
motivation for issuing the fatwa is
irrelevant as Rushdie's apostasy was the formal ground for the imposition of
the death sentence.
"Some of us
are righteous, and some are less than righteous; we follow various paths.
We knew full well that we can never run away from GOD on Earth; we can
never run away and escape.
When we heard the guidance, we believed
therein.
Anyone who believes in his Lord will never fear any injustice,
nor any affliction.
Among us are the submitters, and among us are the
compromisers.
As for those who submitted, they are on the right path.
As for the compromisers, they will be fuel for Gehenna.
If they
remain on the right path, we will bless them with abundant water.
We
will surely test them all.
As for him who disregards the message of his
Lord, He will direct him to ever increasing retribution. "
Qur'an Jinn
72:11-17
Math and IslamOur current day
science and
mathematics depended upon the
Arabic numeral system created or improved by
Muslims. Algebra was first fully developed by Al Khwarism, the
"father of algebra". Al-Tusi is the "father of trigonometry". Al-Khashi, from
Persia, invented decimal fractions. |
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of reality outside personal experience has created a populace unable to discern
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