Islamic Law = AlShariah

Q: Does Islam alone have a Law?

A: And We sent down to you (Prophet Muhammad) The Scripture (Qur'an) with the Truth confirming what was before it from the Scripture (Torah - Injeel) and supervising it* so do (command to Prophet Muhammad) judge among them by what Allah sent down (Qur'an) and do not follow their desires diverting you from what has reached you from the Truth - To each (Jews, Christians and Muslims) We (Allah) had assigned a revealed law (Shirah) and a set of guidelines (= Minhaj) - and if Allah willed He would have kept you as one nation (like before) but (He did not) to test you in what He gave you so make haste in the good deeds - to Allah is the return of you all so He will inform you (then) about what you were disagreeing in.
Translation of: Ayah 48, Surat AlMa'idah.
* Protecting the Truth in it and adding to it (what a supervisor does). Reference is to the he Original texts of Torah and Injeel - in the original language that they were sent down (not the translations).
Note: Law of Torah
Note: Law of Injeel (Bible)
Words: Mussadiq = Confirming, AlKitab = The Scripture - The Holy Book, Muhaymen = Supervising - Protecting - Controlling, Ehkum = Judge, Anzala = Sent, Tattabe' = Follow, Ahwa' = Whims - Desires, Shirah = A revealed law - Shariah, Minhaj = A set of guidelines - A System - Methods, Ja'ala = Kept - Made, Ummah = Nation, Yablou = Tests, Takhtalif = Disagree - Differ.

Q: What is the punishment in Islamic Shariah for theft?
A: And the male thief and the female thief so do cut their hands (one hand) as a return for what they did (and) as exemplary punishment from Allah and Allah is Al-Mighty, All-Wise; Then (after the punishment) who repents after his transgression and does good then Allah will forgive him* for Allah is Most-Forgiving, Most-Merciful.
Translation of: Ayat 38 - 39, Surat AlMa'idah.
* In a saying of the Prophet Muhammad to a woman who repented to Allah after her hand was cut: You are clear from your sin like the day you were born.
Note: In a summary of a speech of the Prophet Muhammad: (The tribe of) Quraysh was concerned about cutting the hand of the woman from the (wealthy) people of "Bani Makhzoum". They chose Usamah Bin Zayd, the Prophet's beloved "servant's" son to intercede on her behalf. The Prophet said: Do you mediate in a divine statute (penalty) of Allah? Then the Prophet preached: The people before you were destroyed because if a known person (with support = AlShareef) stole they would leave him and if a weak person (with no support = AlDhaeef) stole they would subject him to the penatly. By Allah! If "Fatimah" the daughter of Muhammad stole I would have cut her hand, Source: AlLou'lou' walMarjan feema etafaqqa alayhi alSheikhan AlBukhari wa Muslim. In Arabic, page 348.
Note: Theft to be subjected to Islamic penalty must meet certain conditions such as the price value of the item stolen.
* Note: Quraish before Islam was the first tribe to cut the hand of a thief who stole the treasure of AlKa'bah. It is said that some people stole it and left it with him. Source: Tafseer Ibn Kastheer, volume 2 page 82.
Words: Sariq = Male thief, Sariqah = Female thief, Eqta' = Cut, Aydi = Their hands, Jaza'an = As a return, Kasaba = They did, Nakalan = As an exemplary punishment, Taba = Repented, Aslaha = Did good deeds.

Q: Allah is Pure and considers anyone who joins partner(s) with Him impure. Why only Muslims are allowed in Muslims' Sacred Places (Mecca and AlMadinah)?
A: (Allah says) O people who believe (Muslims) for those who join partners with Allah are impure (religiously = najas)* so they should not come near the Sacred Mosque* after this year of theirs (ninth Hijri year) and if you fear poverty so Allah will enrich you from His Favour if He wills for Allah is All-Knowing, All-Wise.
Translation of: Ayah 28, Surat AlTawbah.
* AlHaram (Allah's House) in Mecca and AlMasjid AlNabawi (the Prophet's Mosque) in AlMadinah.
Hint: Remember that the forms of partners joined with Allah: Idols, humans, nature force, self ...etc. Anyone who says he does not believe in anything actually he believes in the human self as the powerful.
Note: In a summary of a saying of the Prophet Muhammad: Whatever afflicts the Muslim: Hardship, illness, worrying, sadness, harm or suffering even if he is pricked by a thorn but Allah takes away from his sins (purifies him). Source: Riyadh AlSaliheen min Kalam Sayed AlMursaleen, page 24.
Note: In a summary of a saying of the Prophet Muhammad: When the believers are saved from The Fire (= yakhlusoun) then they will be stopped on a bridge between Paradise and Hell. So their injustice cases of this world among them will be judged. When they are corrected (= huththibou) and purified (= nuqqou) they will be granted remission to enter Paradise. Source: Tafseer Ibn Kastheer, volume 2, page 809.
Words: Mushrikoun = Those who join partners with Allah, Najas = Impure - La = Not, Yaqrabou = Come near, AlMasjid AlHaram = The Sacred Mosque, Ba'da = After, Aam = Year, Khiftum = You fear (plural) Aylah = Poverty, Yughni = Enriches, Fadhlihi = His Favour - His Bounty.

Q: Should Muslims follow famous historic books when guidance is available in the Qur'an and the Prophet's Sunnah?

A: Have you (Prophet Muhammad) not seen those who claim that they have believed in what was sent down to you (Qur'an) and what was sent before you (original Tawrah and Injeel) want to seek the judgement of other than Allah (disbelievers = AlTaghout) and they were commanded (by Allah) to disbelieve in him (Disbelieving G "AlTaghout" is from Satan) and Satan wants to make them stray (with) a far away straying (from Allah's Path).
Translation of: Ayah 60, Surat AlNisa'.
Note: According to Shaikh Waleed Basyouni in "Obligation of following Sahabah's Methodology": The "Shia Muslims" follow mainly historic books such as AlImam AlHakim's while "Ahl (people of) AlSunnah walJama'ah (= the group of consensus (general agreement)" follow the Sunnah of the Prophet Muhammad as narrated by authentic and trustworthy narrators. Any narration which is doubtful or not well known Ahl AlSunnah walJama'ah call it "weak = dha'eef".
Note: Islam encourages "AlIjtihad = Interpretive Judgment" as long as it is 1. not "bid'ah = (new concept that misleads away from Allah's Path), 2. not against the Qur'an and the Sunnah and 3. not against what the Prophet's companions agreed on (their interpretive judgement was in line with the Qur'an or the Sunnah). For example a summary is: When the Prophet died Muslims asked the Prophet's successor Abu Bakr about the Tamattu` means performing (Umrah "voluntary lesser pilgrimage" during the Hajj season). Abu Bakr said (No) and Umar Bin AlKhatab respected his opinion and said (No). Abdullah Bin Umar Bin AlKhattab said he heard the Prophet had said (Yes). The companions said but Abu Bakr and Umar said (No). Abdullah Bin Umar said: By Allah, you are about to be stoned from the Heaven. I say the Prophet said and you say Abu Bakr and Umar said!! Source: Scholar: Shaikh Waleed Basyouni, Obligations of following Sahabah's Methodology. (Note: Shaikh Waleed also adds (a summary of it is:) Some sahabah (Prophet's companions) deviated away from Allah Path after the death of the Prophet. The Prophet will come to know this when they will not be allowed by angels to drink from the Prophet's river "AlKassthar". The Prophet will say: My companions! The angels will say: Only if you knew what they did after you.
Words: Yaz'amoun = who claim, Unzila = Was sent, Yureedoun = They want, Yatahakamou = They seek judgement, AlTaghout = Other than Allah, Yudhil = Makes them stray - Misleads, Ba'eedan = Far away.

Q: What benefit does the whole society get when its punishment system includes killing the deliberate killer?
Hint: See why the blood of the persons killed nowadays is very cheap.
A: O people who believe (in Allah) retaliation for the killed is prescribed to you - the free for the free, the slave for the slave and the female for the female. But if he (killer) is released (from being killed) somehow by his (the killed person's) brother* then a following up (of a ransom by the brother) in a kind way and payment (of blood money by the killer) to him in a good way - that is easing from your God and a Mercy** but if he (killer) attacks after that then for him is a severe punishment (to be killed with no ransom); And for you (society) in the retaliation a life O men of understanding so that you may protect yourselves by fearing (Allah).
Translation of: Ayat 178 - 179, Surat AlBaqarah.
* Relative who pursues the case.
** According to Hassanain Muhammad Makhlouf, the ex-Mufti of Egypt: Retaliation is prescribed for the Jews without ransom (= diyyah) or forgiveness. Forgiveness is prescribed for the Christians without ransom or retaliation. But Allah gave the Muslim nation the options of: Retaliation, forgiveness or acceptance of blood money (indemnity) as easing and Mercy for them. Source: Safwat AlBayan LiMa'ani AlQur'an, page 42.
Words: Qisas = Retaliation - Revenge - Punishment, Hur = Free, Abd = Slave, Unstha = Female, Ufiya = Released - Eliminated, Akh = Brother - Fellow man, ettiba' = Following up, BilMa'rouf = In a kind way, Ada' = Payment, BiIhsan = In a good way, Takhfeef = Easing - Making light, Rahmah = Mercy, E'tada = Attacked - Assaulted, Aleem = Severe, Hayat = Life - Living, Uli AlAlbab = Men of understanding - Those who understand, Tataqoun = Who protect themselves by fearing Allah - You become righteous.

Q: If a person kills someone who first has the right to decide what to do with the killer?
A: And do not take life which Allah had forbidden except for a just cause - And who is killed unjustly then We (Allah) have given his heir authority* but let him not exceed the bounds in the killing** for he (heir) is being aided (by Allah and governing authority).
Translation of: Ayah 33, Surat AlIsra' (Beni Israel).
* One of these three options: Retaliation by killing the killer (= Qisas), forgiveness, or acceptance of blood money (= diyyah).
** Only killing the killer without any mutilation of his body. Source: Tafseer Ibn Kastheer, volume 3, page 57.

Note: Ibn Kastheer also mentions a "strange incident" in his scholarly book "Tafseer Ibn Kastheer" volume 3, page 57: Following this Ayah, Mu'awiyah Bin Sufyan was the heir of the unjustly murdered third Caliph in Islam "Usthman Bin Affan" (was murdered while reading the Qur'an for he did not want to fight back in order not to spill the blood of any Muslim). Mu'awiyah asked Ali Bin Abi Taleb (may Allah be pleased with him) for the killers of Usthman. The latter could not hand them over and asked Mu'awiyah to hand over Bilad AlSham (Syria and its surroudings). Then Mu'awiyah did not vote for Ali, the fourth Caliph in Islam.
(The rift among Muslims, which started after the Prophet's death when Abu Bakr was chosen the first Caliph and not the Imam Ali, continued until today, seen in the two major sects in Islam: Sunni and Shia).

Also Remember the prayer of mercy (Allahumma Salli) based on a saying of the Prophet Muhammad that many preachers in many Muslim mosques often repeat towards the end of every Friday sermon: The most merciful (= arhamuhum) man with my (Muslim) nation is Abu Bakr, the most strict (= ashaduhum) in the command of Allah is Umar, the full of modesty (fearing Allah) (= akmaluhum haya'an) is Usthman and the best of them in making judgement (= aqdhaahum) is Ali may Allah be pleased with them all. After the Prophet Muhammad they succeeded as the Muslim Nation's Caliphs.
Words: La = Not, Taqtulou AlNafs = Take life - Kill, Harrama = Made forbidden - Made sacred, BilHaq = For a just cause, Qutila = Is killed, Mathlouman = Unjustly, Wali = Heir, Sultan = Authority - Power, Yusrif = Exceeds the bounds, Mansoura = Being aided - Being helped.

Q: Why should Muslims honour their contracts and treaties even with the disbelievers?
Hint: Contracts are binding for Muslims because they are made under the umbrella of Islam with its top contract being the Covenant of Islam with Allah.
A: And fulfill the Covenant of Allah when you enter into a contract and do not break the oaths after their confirmation for you made Allah upon you A Guarantor for Allah knows what you do; ---; And do not use your oaths for disturbance (deception) among you then a foot will slip after being firmly placed (in Islam) and (then) you taste the trouble (from Allah) for preventing from the Path of Allah and for you (then) a Severe Punishment (on Day of Judgment); And do not purchase with the Covenant of Allah a small price (value in this Life) for what with Allah (in the Other World) is better for you only if you knew.
Translation of: Ayat 91, 94 - 95*, Surat AlNahl.
* Line 96 in Chapter AlNahl.
Words: Awfou = Fulfill - Honour, Itha Aahadtum = If you enter into a contract, Tanqudhou = You break, AlAyman = Oaths, Tawkeediha = After their confirmation, Kafeela = Guarantor - Surety, Dakhalan = Disturbance - Imbalance, FaTazil Qadam = Then a foot slips, Sthoboutiha = After being firmly placed, Sthaman = A price, Khair = Better.

Q: When Muslims are in dispute about a religious opinion which judge should they refer to?
A: And whatever you disagree in then its ruling refers to Allah - (command to every Muslim) say that is Allah my God in Him I trust and to Him I turn in repentance*.
Translation of: Ayah 10, Surat AlShoura.
* For forgivenss for my previous actions or sayings that could have been against Allah's Religion.
Note: First look in the Qur'an for a ruling and if not found then look in AlSunnah . It is essential in Islam to obey the Prophet Muhammad after obeying Allah.
Words: Ekhtalaftum = You disagree in, Min shaye' = Whatever - Anything, FaHukmuhu = Then its ruling, Thalikum = That is, Tawakaltu = I trust - I depend, Uneeb = Turn in repentance.

Q: How does the Qur'an combine the harsh punishment tendency in the Old Testament "Torah" and the relaxed forgiveness tendency in the New Testament?
A: And the punishment of a bad deed (offence or crime) is an equal bad deed (punishment) but whoever (victim's party) has forgiven and reconciled then his reward is with Allah for He (Allah) does not like those who do injustice.
Translation of: Ayah 40, Surat AlShoura.
Note: Allah's Religion is interactive and deals with people accordingly. Allah's Relgion had to spread. At the beginning when the Torah was sent down the Jews then were commanded to utterly destroy the disbelievers who were against them. In the OLd Testament that includes the Sacred Scripture of the Hebrews,
Saul (= Talut), a king appointed by Allah was told by Samuel, a Prophet of Allah, to: do what Allah commanded: To go and attack Amalek and utterly destroy all that they have, and do not spare them. But slay both man and woman, child and baby, ox and sheep, camel and ass.
Then Allah's Religion spread but people were still harsh in the punishment, Jesus peace be upon him was sent to promote forgiveness. If a person strikes you on the cheek turn the other cheek to him. Then Allah's Religion spread but people tended to become relaxed in the punishment, Muhammad peace be upon him was sent as a messenger of Allah. He promoted the Qur'an's middle way between Judaism and Christianity. Punish only equally to what you have been punished for. Or take ransom (diyyah). Forgiving and reconciling will earn you your reward from Allah.
Words: Jaza' = Punishment, Say'eah = Bad deed, Afaa = Has forgiven, Aslaha = Reconciled, La Yuhib = Does not Like.

Q: Some of us maybe wondering when going into the Holy Land why the People of Israel were commanded to commit what nowadays we call "widespread genocide" against their disbelieving enemy?
Note: After the battle of Badr, the first battle in Islam the Prophet Muhammad accepted to free the captives of war in return for ransom (diyyah).
A: It was not right to any prophet to have captives (of war) until he massacres in the land - you (all) want the temporary enjoyment (ransom) of this life and Allah wants (you to concentrate On) the Other Life and Allah is Al-Mighty, All-Wise.
Translation of: Ayah 67, Surat AlAnfal.
Note: Worshipping Allah as the One and Only God is the nature that Allah created man upon. When the majority of humanity deviates Allah's Command comes down to straighten them on Allah's Path. Allah's Justice dictates to honour the challenge that Satan made against Allah and Allah accepted. Satan challenged to lure people to deviate them from Allah's Path. Yet Allah has predestined that His Word has to prevail.
Words: Asra = Captives, Yuthkhin = Massacres - To weaken the enemy by killing and wounding, Tureedouna = You want, Ardh = Temporary enjoyment, AlDunya = This life, AlAkhirah = The Other Life.

Q: Why is it Allah's Doctrine that an aggressor should be met with a fitting (equal) punishment?
Hint: Justice must be served. Aggression for example against Allah and His Commandments can lead to Hell if Allah's Mercy does not engulf the sinner.
A: For Hell had been lying in wait; For the transgressors (oppressors) a returning place; Staying in it for ages; They will not taste coolness in it neither any (cold) drink; Except boiling water and (the food) what oozes out of the wounds (with pus); A fitting (equal) repayment; For they were not looking for a reckoning; And they rejected as lies Our (Allah's) Lines (Qur'an) a full rejection; And everything We enumerated it in writing; So taste for We will not increase for you except the punishment.
Translation of: Ayat 21 - 30, Surat AlNaba'.
Note: Reference to Grace chow's opinion "she knows culture of violence", Re: Rioting and the culture of violence Opinion June 20, that appeared on Toronto Star's Editorial page of 23 June 2011. It starts with "I know too well the culture of violence. My son, Nicholas chow Johnson was violently, viciously and brutally attacked by a gang of hoodlums while out walking alone. It was an unprovoked attack. The gang were mostly young offenders - they got a slap on the wrist. Since the attack Nicholas cannot talk, and wears a diaper, has to be fed as he cannot get up in bed, and he has minimal brain functions. His two legs are like sticks now. The incident happened in Victoria, B.C. in October 2001, when he was 19..."
Words: Mirsada = Had been lying in wait, Tagheen = Transgressors, Labistheen = Staying, Ahqaba = Ages, Yathouqoun = Taste, Bardan = Coolness, Sharaba = Drink, Hameeman = Boiling water, Gassaqa = What oozes out of the wounds (with pus), Jaza'an = Repayment, Wafaqa = Fitting - Equal, Hisaba = A reckoning - A settlement of account - A reckoning, Kathabou Kithaba = They rejected as lies a full rejection, Ahsaynahu = We enumerated it, Falen Nazeedukum = We will not increase for you, Athaba = Punishment - Suffering.

Q: If the punishment for rioting and looting is imprisonment with different entertainment/educational/vocational activities will the punishment then be equivalent to the damage and the suffering that it caused?
Note: In Islam crimes that threaten the balance of a safe and secure society have clear punishment guidelines for deterring future crimes (= Hodoud Allah: Prescribed restrictions on man's freedom of action). For example the punishment for theft.
A: And if you punish (inflict punitive suffering) then punish equivalent to what you have been penalized with and if you have patience* then that is certainly better for those who are patient.
Translation of: Ayah 126, Surat AlNahl.
* When capable of punishing who did wrong to you but you choose to forgive him for Allah's Reward.
Words: Aaqabtum = If you punish, BiMisthli = Equivalent, La'in Sabartum = If you have patience.

Q: When can a ruling be fair and just?
A: To Him (Allah) is the return of you all - the Promise of Allah (of the return) has to be fulfilled for He begins the creation then He repeats it so as to repay those who believed and did the righteous deeds according to justice (balance) of the scale (= bilQist*) and those who disbelieved for them is a drink of boiling water and a severe punishment for what they were disbelieving.
Translation of: Ayah 4, Surat Yunus.
* 'AlQistas' in the Qur'an is the scale. 'AlMeezan' is the balance of the scale.
Note: Reference is to an Ontario justice's ruling to come soft on a suspect who infuriated a police man by showing contempt to police in various forms.
Words: Marji'akum = Your return, Jameean = All, Haqqan = Has to be fulfilled, Yabda' = Begins, Yu'eeduhu = Repeats it, LiYajzi = To repay, AlSalihat = The good deeds, BilQist = According to justice of the scale, Kafarou = Disbelieved, Sharab = Drink, Hameem = Boiling water.