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The Qur'an: Intentions vs. Effects

Niblo

Active Member
Premium Member
From the linked webpage:

This prohibition on punishing anyone by burning with fire is general in application, but the majority of scholars made an exception in the case of burning with fire by way of retaliatory punishment (qisaas) and making the punishment fit the crime. If someone burns another person then it is permissible, according to this view, to punish him by burning him, by way of retaliatory punishment.


They quoted as evidence for that the verses in which Allah, may He be exalted, says (interpretation of the meaning):


“Then whoever transgresses the prohibition against you, you transgress likewise against him. And fear Allah, and know that Allah is with Al-Muttaqoon (the pious)”
[al-Baqarah 2:194]


“And if you punish (your enemy, O you believers in the Oneness of Allah), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sabirin (the patient ones, etc.)”
[an-Nahl 16:126].

The basic principle says that acting upon two sound texts that have not been abrogated is better than overlooking one of them.


For more information, please see fatwa no. 147416


Therefore the majority of fuqaha’ think that it is permissible to burn with fire by way of retaliatory punishment.


Ibn Mulaqqin (may Allah have mercy on him) said:
One group of scholars said: Whoever burns is to be burnt. This is also the view of Maalik, the scholars of Madinah, ash-Shaafa‘i and his companions, Ahmad and Ishaaq.

As-Salāmu ‘alaykum,

I apologise for the delay in replying to your post. I've drafted a response, but have yet to finalise it (time constraints). No disrespect is intended. In šāʾ Allāh, I'll come back soon.

May Allāh (Subḥānahu ūta'āla) reward you for your patience.
 

dybmh

דניאל יוסף בן מאיר הירש
So, if you place a high value on modern human rights (as I do), then it's hard to think kindly of Islam.

I think kindly of Islam for these reasons:

1) I do not agree that the Qur'an promotes homophobia and antisemitism.
2) Regarding Misogyny, I think the Qur'an is an improvement over the Old Testament as it is written. Put simply, for me, the perfect is not the enemy of the good. An improvement is an improvement.
3) Regarding theocracy, I don't want Sharia law to be implemented world-wide. I don't think the majority of Muslims desire Sharia law to be implemented world wide. I think that is a conspiracy theory.
4) Islam technically means, "Submission to G-d". In my life, for me, this works. Submission to G-d brings out the best in me. :)
 

icehorse

......unaffiliated...... anti-dogmatist
Premium Member
1) I do not agree that the Qur'an promotes homophobia and antisemitism.

Which translation did you read?

2) Regarding Misogyny, I think the Qur'an is an improvement over the Old Testament as it is written. Put simply, for me, the perfect is not the enemy of the good. An improvement is an improvement.

Sure, we could say it's an improvement over the OT. In that case, why not abandon the Quran and instead follow one of the many, many hundreds of improvements over it?

3) Regarding theocracy, I don't want Sharia law to be implemented world-wide. I don't think the majority of Muslims desire Sharia law to be implemented world wide. I think that is a conspiracy theory.

In this large poll of 38,000 Muslims worldwide, easily half of them said they wanted Sharia. I'm happy that you don't, but many of your fellow Muslims do.

The World’s Muslims: Religion, Politics and Society

4) Islam technically means, "Submission to G-d". In my life, for me, this works. Submission to G-d brings out the best in me.

I think the idea of service to others is a fine idea. But the god depicted in the Quran is a horrible, cruel, insecure, jealous character. Hardly someone to choose to be in service to.
 

dybmh

דניאל יוסף בן מאיר הירש
Which translation did you read?
I am reading the Ali Yusuf translation. But for debates I use Quran.com and I compare multiple translations.
Sure, we could say it's an improvement over the OT. In that case, why not abandon the Quran and instead follow one of the many, many hundreds of improvements over it?
It's a good point; except... I don't "follow" the Qur'an. I am just defending it against propaganda and easing my own mind that the Qur'an is not evil.
In this large poll of 38,000 Muslims worldwide, easily half of them said they wanted Sharia. I'm happy that you don't, but many of your fellow Muslims do.

The World’s Muslims: Religion, Politics and Society
That's a very interesting survey. I would like to review it carefully. I would like to take some time over the next few days to go through it.
But the god depicted in the Quran is a horrible, cruel, insecure, jealous character.
This part I think I have already stated I disagree with.

Most respectfully, do you have sources for this claim other than your recollection and the flawed 500+ document based on the "Skeptic's Annotated Qur'an"?
 

icehorse

......unaffiliated...... anti-dogmatist
Premium Member
Most respectfully, do you have sources for this claim other than your recollection and the flawed 500+ document based on the "Skeptic's Annotated Qur'an"?

Please remember that I got my impressions of the Quran by spending weeks reading it. I did not expect the book to criticize non-Muslims so relentlessly and as I was reading, I didn't make a list. But when I saw the webpage with the list, it seemed consistent with what I'd experienced.

As for my impressions of Allah, I have to trust my own reading of the material and the Islamic scholars who spent their lives studying Islam and creating the translation. For example, the book says over and over and over again that Allah is merciful, correct? But such mercy is not demonstrated in the book. So it seems like an empty claim. When I read that Allah made non-believers to be blind to his truth and then that he intends to burn them for eternity, and put new skins on them so that he can burn them again, that does not seem merciful, that seems like the exact opposite of merciful. In other words the book is saying that Allah made non-believers on purpose, and that it's his intention to torture them. Not a nice guy, I'd say. You can take me as an example. I did not have a choice where I was born and which schools I went to. It is simply not in my nature to believe in gods. If I claimed to believe in gods, I would be lying. And according to religious people, their god would know that I'm lying. So as near as I can tell, the religions that claim I'm going to hell are religions whose gods are cruel, vindictive, psychopaths. They made me so that they could torture me.

No thanks.
 

Niblo

Active Member
Premium Member
Hello My Friend,

--Big Sigh--

I am reviewing my research and I have to admit I was hasty and careless in my answer to @ManSinha. Thank you for pointing it out.

I see now that I was wrong to say that "the Qur'an is explicitly claiming Jesus' resurrection was intentional deception by Allah."

The Qur'an does not say this explicitly. On review of my sources, I "connected the dots" in error. It appears there is an opinion among some that the Resurrection was a deception my Allah. But I have no idea if this is a fringe minority opinion or if it is mainstream. But what is most important in this thread, is that I posted inaccurate information about the Qur'an. And I am grateful that you have pointed this out.

I was wrong. And I am sorry.

The statement was a conclusion, an assumption, an error on my part. It's not something I can quote from anyone or anywhere. And I am embarrassed.

Below I will detail where I went wrong.

It starts with the quote from Wikipedia below:

"Unlike the Christian view of the death of Jesus, most Muslims believe he was raised to Heaven without being put on the cross and God created a resemblance to appear exactly like Jesus who was crucified instead of Jesus."

hyperlink >>> Wikipedia - Islamic views on Jesus' death

As I am rereading the article, and reviewing my process, I clearly see that I made a large leap in assuming that the quote from Wikipedia above was based on an explicit quote from the Qur'an.

Continuing my explanation: After reading the Wikipedia, I read 5 articles on websites ( essentially they are non-authoritative blog posts ) from websites that are both critical to the Qur'an and friendly to the Qur'an. I read articles from 3 websites which are critical of the Qur'an and articles from 2 websites that are friendly to the Qur'an.

Where all 5 articles agree is that the criticism of the Qur'an verses describing Allah as a "Makr" all seem to be put forward by Christians and Missionaries who have a vested interest in discrediting the Qur'an.

This is the reason that I claim that people who believe in the Resurrection would be offended. It comes from reading these online articles.

But again, nowhere in any of my research did any of the websites say that the Qur'an explicitly says that Allah was the deceiver in the Resurrection of Jesus.

Again, I am embarrassed. I was the one who put 2 and 2 together and added that up to 6. In my opinion this represents a gross error.

I very much appreciate your intervention and bringing my error to light.

Most Sincerely,

Daniel (dybmh)

As-Salāmu ‘alaykum, Daniel.

There really is no need to apologise; but I admire – and very much respect – your honesty and integrity for so doing; and for making your apology public, when it would have been all too easy to send a private message.

You are referring to these verses:

‘And so for breaking their pledge, for rejecting Allāh’s revelations, for unjustly killing their prophets, for saying: “Our minds are closed” - No! Allāh has sealed them in their disbelief, so they believe only a little - and because they disbelieved and uttered a terrible slander against Mary, and said: “We have killed the Messiah, Jesus, son of Mary, the Messenger of Allāh.” They did not kill him, nor did they crucify him, though it was made to appear like that to them; those that disagreed about him are full of doubt, with no knowledge to follow, only supposition: they certainly did not kill him - Allāh raised him up to Himself. Allāh is almighty and wise.’ (Al-Nisa: 155-158).

There are a number of tafâsîr (interpretations of the Qur’an) concerning these verses: those of Wahb Ibn Munabbih; Ṭabarî; Makkî Ibn Abi Ṭâlib; Qurṭubî; Ibn Kathîr; Suyûṭî; Ṭabâṭabâ’î ; and Jazâ’irî. All of them (apart from Ṭabâṭabâ’î) are saying that Yeshua (ʿalayhi as-salām) was not crucified, but that another was made to resemble him – and to take his place.

As you can see, it is not possible to justify, from these verses, any notion of a substitute; nor do I believe there was one (but now is not the time to discuss this).

The words: ‘…though it was made to appear like that to them’ may be no more than an acknowledgement of the fact that by the time these verses were revealed, belief in the crucifixion was widespread.

In these verses, the Qur’an denies two things (explicitly): that Yeshua (ʿalayhi as-salām) was crucified at all; and that his ministry ended in death (hence no resurrection – as per the Gospels). If you like, I can return to this, in šāʾ Allāh.

I’m drafting a reply to @ManSinha’s invitation to discuss the notion of ‘makr’ – along with you.

May Allāh (subḥānahu ūta'āla) reward you for your courage.

Very best regards.

Paul
 

dybmh

דניאל יוסף בן מאיר הירש
Please remember that I got my impressions of the Quran by spending weeks reading it. I did not expect the book to criticize non-Muslims so relentlessly and as I was reading, I didn't make a list. But when I saw the webpage with the list, it seemed consistent with what I'd experienced.

As for my impressions of Allah, I have to trust my own reading of the material and the Islamic scholars who spent their lives studying Islam and creating the translation. For example, the book says over and over and over again that Allah is merciful, correct? But such mercy is not demonstrated in the book. So it seems like an empty claim. When I read that Allah made non-believers to be blind to his truth and then that he intends to burn them for eternity, and put new skins on them so that he can burn them again, that does not seem merciful, that seems like the exact opposite of merciful. In other words the book is saying that Allah made non-believers on purpose, and that it's his intention to torture them. Not a nice guy, I'd say. You can take me as an example. I did not have a choice where I was born and which schools I went to. It is simply not in my nature to believe in gods. If I claimed to believe in gods, I would be lying. And according to religious people, their god would know that I'm lying. So as near as I can tell, the religions that claim I'm going to hell are religions whose gods are cruel, vindictive, psychopaths. They made me so that they could torture me.

No thanks.
Thank you for your thoughtful and thought provoking reply.

You are making some very good points.

My Core Values / Core Values that we Share:

I don't think that anyone should be forced to say something that they don't believe. I don't send my kids to religious school. We do not enforce any religion on them. They know I believe in God, and they know that it's important to me. But that's where it ends. My wife and I focus on raising them as Good People... and if they choose to follow any religion, I hope I can help them to follow it sincerely without adopting any of the dominant behaviors that you and I agree are morally wrong and destructive. That is a core value that I think you and I share.

You are not a Kafir / That was not intended by the Qur'an:

Regarding the burning, and re-burning.... I would need either specific verses to work with, or I would need have the entire Qur'an memorized to speak about it authoritatively.

But I do want to speak about it in the same manner you did because you raise a very interesting point regarding intention vs. effect.
They made me so that they could torture me.
To me, this is a statement of intention. I do not think that is what is intended by the verses in the Qur'an that speak about non-believers. They were intended, I think, to discourage tribal vigilante justice. I think the verses you are remembering were intended to keep the peace.

And, I would be remiss not to point this out:

It sounds to me you are not a "Kafir" or a "disbeliever" ( as it is often translated ) using the scholarly theological definition below:
disbelievers:
  • insincere in their life
  • deliberately reject the truth despite knowing
  • refused to question what they were taught
  • blind followers
hyperlink >>> abdullahalandalusi.com - What is a Kafir?

If I look at what you said above... you are the opposite of a Kafir.
You can take me as an example. I did not have a choice where I was born and which schools I went to. It is simply not in my nature to believe in gods. If I claimed to believe in gods, I would be lying. And according to religious people, their god would know that I'm lying.
  • You didn't get a choice where you went to school.
  • But you questioned what you were taught.
  • And you felt uncomfortable lying about believing in God.
  • You recognized the hypocrisy.
That is not a Kafir. That is the opposite of a Kafir.

A Kafir is someone who denies the truth. You do not deny the truth.

In fact, I think we agree, that sincerity is very important. I think we agree on that core value.

In your signature it says: "The beginning of wisdom is to call things by their proper name. - Confucius"

This is a statement that demonstrates the importance of seeing things as they really are.

Someone who believes the beginning of Wisdom is to call things by their proper name, also holds sincerity as a core value.

If we zoom out, globally, politically, ideologically, how many of the problems of humanity are caused by people in denial of reality? How many of the problems of humanity are caused by people who do not call things by their proper names?

Isn't that exactly what I am doing by pointing out the theological scholarly definition of Kafir? Aren't I calling things by their proper name? It's a matter of precision. Being precise is a core value that you and I share based on your signature.

So If I look at your words,
They made me so that they could torture me.
The first thing that comes to mind is:

The Qur'an is not talking about sending you, IceHorse, to hellfire when it speaks about a Kafir, a non-believer.

So what is a possible real world, human, intention of putting the hellfire verses in the Qur'an?

I think a way for an anti-theist to look at it is that it is intended to discourage tribal vigilante justice.

Hypocrisy...

Hypocrites who deny reality, claim they are elite when they are not. People who do not admit their own faults and accuse others of faults they themselves possess... That is a Hypocrite.

Hypocrisy makes people angry. Always has... always will.

Anger is the evolutionary preparation for conflict. Physical combat or a war of words, either way. Anger is a path towards violence. Not only that, but... in Judaism, Anger equals Idolatry.

If the Qur'an helps to relieve Anger by providing strict justice to Hypocrites, the worst sort of Kafir, then it does 2 things. It prevents violence and it helps to prevent internal Idolatry in the form of anger.

This is a way for a non-religious person to look at the intention of the Qur'an's verses about a Kafir and HellFire:

1) A Kafir is someone who denies reality and does not question what they are taught.
2) Anger leads to violence and Idolatry. Harsh Justice relieves anger, frustration, and a desire to take matters into ones own hands.

So that's my opinion on the intention. The Qur'an did not intend for you, IceHorse to burn in HellFire or to be tortured.

Mismatch between Intention and Effect:

Regardless of the Intention, What are the effects of the verses that speak about a Kafir and HellFire?

Well...

When you read it, it has a negative effect? I read it differently, but for you and many others, it makes you feel like the Qur'an is calling you a Kafir who is supposed to be tortured.

Also it has a demonstrated negative effect globally, because many Muslims, according to the poll you provided, have a negative view of people who don't believe in God. The poll uses the word "Immoral". To be fair, I want to look deeply at these numbers. the questions asked, and not cherry pick specific results...

But...

It appears on the surface that there is a negative opinion among many Muslims, too many to ignore, that "It is necessary for a person to believe in God to be Moral."

I don't agree with this statement. But many Muslims who were asked in 2013 by Pew agreed with this statement.

I think it's a big problem.

What can be done to offset some of the negative effects?

If we agree on Core Values, and we agree that there is a negative effect, what do we disagree about?

Does the Qur'an intend for non-Muslims to be tortured?

A scholarly objective reading of the verses, and treating the Qur'an as a book and not a list indicates: no. The Qur'an is not the cause.

However, from your parsimonious reading of it, applying Occam's Razor to the text, you say that it is at least a strong influencing factor that is resulting in the negative effect.

And...

If I understand @The_Fisher_King's information, Fisher_King agrees with you.

I'm quoting from memory; I think Fisher_King said that most Muslims equate a Kafir as all non-Muslims. And further, I think, he said that it is natural for the verses in the Qur'an to lead Muslims to a negative opinion on non-Muslims.

So.

What can be done?

One thing that I think is a good idea is to promote the scholarly definition of a Kafir. I think it's important for non-Muslims and Muslims to have this scholarly definition of a Kafir in their toolbox so that they do not assume that the Qur'an's intention is to torture people like you, IceHorse.

Promoting this idea is not a silver bullet cure-all antidote for the problem. But it is something. And it works on multiple levels.

If non-Muslims speak kindly about the Qur'an and speak respectfully about Muslims, and do not make them out to be evil, I think it can whittle away at the negative view of non-Muslims especially among young people.

Really this is very similar to the the idea that @InvestigateTruth presented. And I still think it's a brilliant idea. I agree it's a little risky, and unlikely to be adopted.. but in principle. I think it's a brilliant idea.

InvestigateTruth's idea was: "Anytime a terrorist attack is perpetrated by Muslims on the news, the Qur'an's verses that prohibit terrorism should be provided"

( again, I am quoting from memory )

Another thing we can do?

American and Israeli foreign policies need to actually reflect "Peace and Fairness". The current policies are easy to be described as Hypocrisy by the enemies of America and Israel. Dominant militant policies are, in effect, arming the enemy. The dominant and aggressive policies are helping recruit and develop a base of support for dangerous terrorists.

Another thing we can do?

This is a toughie. But it's a good point made by @ManSinha. Peaceful wealthy people need to be encouraged to invest their money into building a support system for peace. That means giving away water, food, shelter, health care, and education for free to people who need it. I am not sure how to encourage this. But it is something that can be done to diminish recruitment and reduce the number of desperate ignorant people who fall prey to radicalization on both sides: militant right wing extremist terrorism and Islamic terrorism. Also, health care will help reduce terrorism by providing treatment to the criminally insane.

Muslim nations in the Middle East are some of the wealthiest nations in the world. I think they should step up in the name of a peaceful world put their money into developing a support system for peace. And that would include funding a peace keeping force to stop all forms of coerced conversions.

If it is not legal by the overwhelming majority Muslim legal authorities, then it is incumbent on wealthy Muslims to do everything in their power to end the abhorrent murders of innocents.

Qur'an 5:32
And whoever saves a life - it is as if he had saved mankind entirely.
hyperlink >>> quran.com - Surah Al-Ma'idah [5:32]

Overly Optimistic?

Yes. Guilty as charged. I am a Terminal Optimist, and I hope I stay that way till my last mortal breath.
 
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icehorse

......unaffiliated...... anti-dogmatist
Premium Member
Yes. Guilty as charged. I am a Terminal Optimist, and I hope I stay that way till my last mortal breath.

A really, really fantastic post @dybmh !!

I want to read this a few times and think about it before I respond.
 

dybmh

דניאל יוסף בן מאיר הירש
@LuisDantas ,

I have finally watched the video you recommended. It was very informative and useful. I thank you.

I do have some criticisms that I hope to share. When I do; I hope you will provide your feedback.

However, I think that video was overwhelmingly fair if the video is watched from beginning to end with an open mind. I would label it Anti-Islam. But I think the narrator would agree with this designation.

Thank you for sharing the video in this thread.
 

icehorse

......unaffiliated...... anti-dogmatist
Premium Member
Sorry that it's taken a few days to respond, but I've been thinking about your post.

A Kafir is someone who denies the truth. You do not deny the truth.

It appears from your research that "kafir" has many meanings. Like many religions, Islam has a history of violent, bloody conquest, and it seems clear to me that for the last 1400 years, a significant percentage of Muslims have consistently interpreted the word such that I would - indeed - be a kafir.

I appreciate your more inclusive interpretation, it's just that I think you'll discover that 10's or 100's of millions of Muslims will disagree with you. That one of the chief reasons I dislike the ideas of Islam, it teaches Muslims to be prejudiced against non-Muslims. I dislike any set of ideas that promotes prejudice.

I don't recall if I mentioned this in this thread before, so forgive me if I've already said this, but I would encourage you to check out this website, hosted by the Muslim Reform Movement:

https://muslimreformmovement.org/

Many of this group's founders have direct experience of being harassed for criticizing Islam.

One thing that I think is a good idea is to promote the scholarly definition of a Kafir. I think it's important for non-Muslims and Muslims to have this scholarly definition of a Kafir in their toolbox so that they do not assume that the Qur'an's intention is to torture people like you, IceHorse.

Over the centuries, we have seen many versions of the bible be created and followed by various denominations of Christians. I wonder what you think of the idea of revising the Quran so that the intentions you are promoting are clear and unambiguous?

American and Israeli foreign policies need to actually reflect "Peace and Fairness". The current policies are easy to be described as Hypocrisy by the enemies of America and Israel. Dominant militant policies are, in effect, arming the enemy. The dominant and aggressive policies are helping recruit and develop a base of support for dangerous terrorists.

The Israel / Palestinian situation strikes me as being incredibly complex. Especially when viewed from the context of the entire ME. Throughout the ME, non-Muslims are being harassed and worse. Many of them are being forced out of the region. When you mention this conflict, I wonder how you feel about the plight of the Kurds? Or the Yazidis? Or the Coptics? And so on.

Muslim nations in the Middle East are some of the wealthiest nations in the world. I think they should step up in the name of a peaceful world put their money into developing a support system for peace. And that would include funding a peace keeping force to stop all forms of coerced conversions.

If it is not legal by the overwhelming majority Muslim legal authorities, then it is incumbent on wealthy Muslims to do everything in their power to end the abhorrent murders of innocents.

Great perspective!
 
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dybmh

דניאל יוסף בן מאיר הירש
Sorry that it's taken a few days to respond, but I've been thinking about your post.
I appreciate the conversation and your patience even though I've made some mistakes along the way.
I appreciate your more inclusive interpretation, it's just that I think you'll discover that 10's or 100's of millions of Muslims will disagree with you. That one of the chief reasons I dislike the ideas of Islam, it teaches Muslims to be prejudiced against non-Muslims. I dislike any set of ideas that promotes prejudice.
I agree with what you are saying. But I would say it a little differently. How I would say it is not important.

What's important, IMHO, is this:

Our hearts are in the same place. We both want the same thing.
I wonder how you feel about the plight of the Kurds? Or the Yazidis? Or the Coptics?
I am, unfortunately, very ignorant of the specifics. I will research it and report back if I feel my comments are relevant. Thank you for pointing this out.
 

Niblo

Active Member
Premium Member
From the linked webpage:

This prohibition on punishing anyone by burning with fire is general in application, but the majority of scholars made an exception in the case of burning with fire by way of retaliatory punishment (qisaas) and making the punishment fit the crime. If someone burns another person then it is permissible, according to this view, to punish him by burning him, by way of retaliatory punishment.


They quoted as evidence for that the verses in which Allah, may He be exalted, says (interpretation of the meaning):

“Then whoever transgresses the prohibition against you, you transgress likewise against him. And fear Allah, and know that Allah is with Al-Muttaqoon (the pious)” [al-Baqarah 2:194]

“And if you punish (your enemy, O you believers in the Oneness of Allah), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sabirin (the patient ones, etc.)”[an-Nahl 16:126].

The basic principle says that acting upon two sound texts that have not been abrogated is better than overlooking one of them.


For more information, please see fatwa no. 147416

Therefore the majority of fuqaha’ think that it is permissible to burn with fire by way of retaliatory punishment.

Ibn Mulaqqin (may Allah have mercy on him) said:
One group of scholars said: Whoever burns is to be burnt. This is also the view of Maalik, the scholars of Madinah, ash-Shaafa‘i and his companions, Ahmad and Ishaaq.

As-Salāmu ‘alaykum wa Rahmatullāhi wa Barakātuhu.

The writer (referred hereinafter as ‘the Author’) of the IslamQA article you have cited declares:

‘This prohibition on punishing anyone by burning with fire is general in application, but the majority of scholars made an exception in the case of burning with fire by way of retaliatory punishment (qisaas) and making the punishment fit the crime. If someone burns another person then it is permissible, according to this view, to punish him by burning him, by way of retaliatory punishment….Therefore the majority of fuqaha’ think that it is permissible to burn with fire by way of retaliatory punishment.’

The Qur’an refutes – unequivocally – the notion that Islam prescribes inequitable retaliation:

‘You who believe, fair retribution is prescribed for you in cases of murder: the free man for the free man, the slave for the slave, the female for the female. But if the culprit is pardoned by his aggrieved brother, this shall be adhered to fairly, and the culprit shall pay what is due in a good way. This is an alleviation from your Lord and an act of mercy. If anyone then exceeds these limits, grievous suffering awaits him. Fair retribution saves life for you, people of understanding, so that you may guard yourselves against what is wrong.’ (Al-Baqara: 178-179).

Qasim Rashid writes:

‘The verse clarifies that even regarding murder, Islam holds equity as the upper limit of retaliation. Furthermore, even with murder, Islam permits and encourages remission. This remission is known as “blood money.” Blood money – or as it is known and practiced in the West, a civil settlement – compensates the murder victim’s family. Finally, the verse warns that God will hold transgressors accountable, again ensuring that the victim does not demand excessive retribution. The Qur’an further states, “And the recompense of an injury is an injury the like thereof; but whoso forgives and his act brings about reformation, his reward is with Allah. Surely, He loves not the wrongdoers.”’ (‘Extremist: A Response to Geert Wilders & Terrorists Everywhere’).

Dr Nik Rahim Nik Wajis reminds us that:

‘Qiyas is accepted as a secondary source of Shari’a law. In applying qiyas a jurist must first seek out rules in the Qur’an, the Sunna and the ijma'. This method is used to deal with the situation which does not appear to be addressed by the Qur'an or the Sunna. If the rules are not found or are unclear, the jurist is authorized to use his wisdom and knowledge in applying an accepted principle or an assumption that could solve the problem.’ (‘The Concept of Punishment in Shari'ah Law - Islamic Criminal Law Book 1).

Returning to Al-Baqara: Note the words: ‘If anyone then exceeds these limits, grievous suffering awaits him.’

With regard to punishment by burning, the limits are confirmed by the following aḥādīth:

‘It was narrated from ‘Ikrimah that ‘Ali (may Allah be pleased with him) burned some people. News of that reached Ibn ‘Abbas and he said: If it were me, I would not have burned them, because the Prophet (blessings and peace of Allah be upon him) said: “Do not punish with the punishment of Allah.” (Sahih Bukhari - 3017).

‘It was reported from ‘Abdur-Rahmãn bin ‘Abdullah, from his father who said: “We were with the Messenger of Allah in a journey. He went to relieve himself. We saw a Humrah with two chicks of hers, and we took one of her chicks. The Humrah came and started shaking her spread out wings. The Prophet came and said: ‘Who distressed her because of her chicks, give her chick back to her. And he also saw an ant colony which we had burnt, so he said: ‘Who burnt this down?’ We said: ‘We did.’ He said: ‘It is not allowed to punish with fire, except for the Lord of the Fire.” (Abu Dawud: ‘The Detestable Nature of Burning the Opposing Forces With Fire - ḥādīth number 2675’).

‘It was narrated from Abu Hurayrah (may Allah be pleased with him) that he said: The Messenger of Allah (blessings and peace of Allah be upon him) sent us on a mission and said: “If you find So and so, and So and so, then burn them with fire.” Then the Messenger of Allah (blessings and peace of Allah be upon him) said, when we were about to leave: “I had commanded you to burn So and so, and So and so. But verily no one punishes with fire except Allah. So if you find them, execute them.”’ (Sahih Bukhari - 3016).

In this ḥādīth, the Prophet (sallallahu 'alayhi wa sallam) issues a command to burn; but then (quickly, it seems) rescinds that command and, instead, issues a prohibition. Was he reminded by his Lord (or did he remember) that he, the Prophet, had no right – no divine authorisation – to order punishment by burning? Allāh (subḥānahu ūta'āla) knows best.

What is perfectly clear from these ʼaḥādīth is that punishment by burning with fire is haram. The question we have to answer is: ‘Can that which is haram ever become permissible? And the answer, of course, is that it can:

‘So (believers) eat any (animal) over which Allāh’s name has been pronounced, if you believe in His revelations. Why should you not eat such animals when Allāh has already fully explained what He has forbidden you, except when forced by hunger? But many lead others astray by their desires, without any true knowledge: your Lord knows best who oversteps the limit.’ (Al-An‘am: 118-119); and again: ‘You are forbidden to eat carrion; blood; pig’s meat; any animal over which any name other than Allāh’s has been invoked; any animal strangled, or victim of a violent blow or a fall, or gored or savaged by a beast of prey, unless you still slaughter it (in the correct manner); or anything sacrificed on idolatrous altars…….but if any of you is forced by hunger to eat forbidden food, with no intention of doing wrong, then Allāh is most forgiving and merciful.’ (Al-Ma’ida: 3).

In his ‘A Treasury of Sacred Maxims – A Commentary of Islamic Legal Principles’, Dr Shahrul Hussain cites the following maxim: ‘Dire exigency renders lawful the unlawful’.

He then writes:

‘This is a fascinating maxim and so pertinent to human life. This maxim provides a sense of magnanimous dispensation in Islam, and grants leeway at a time when a person has his back to the wall with no way out. Instead of breaking the law, the otherwise unlawful now becomes lawful for a person in dire exigency. Identifying dire exigency is subjective and it is judged on a case by case basis. What may be dire exigency for one person may not be for another, therefore there are some guidelines to be observed in order to avoid people using this maxim to meet their vain desires:

1. The dire exigency is considered to be real only in a situation of life and death or the loss of property.

2. The exigency must be present and not something predicted.

3. There is no other lawful alternative.

4. If it is a special case, such as a person needing to take medicine which contains alcohol or any other unlawful ingredients, then a specialist in that field must be consulted.

‘This maxim is a perfect example of Allah’s mercy towards His creation; no obligation of providing dispensation is binding upon Allah. If He wanted He could have kept the rule as it was. Yet it was His love for His creation, knowing only too well of their weaknesses, that Allah has granted a dispensation to humankind to violate His law and regard the unlawful as lawful in cases of dire necessity. Allah Himself declares in the Qur’an that no sin, no moral impediment can be levelled against a person trapped in dire exigency.’

Those (relatives of the victim) who wish to see a criminal burned alive, as retaliatory punishment, need to demonstrate a) that their very lives (or property) depend upon this punishment being carried out, and b) that there is no lawful alternative.

They may well be able to prove the former (although, for the life of me, I can’t imagine how); but there is no possible way for them to prove the latter, since lawful alternatives do indeed exist: They can accept financial restitution; or they can pardon (and, as you know, pardoning is Allāh (subḥānahu ūta'āla)’s most favoured option).


The Author continues:

‘The Sahaabh (may Allah be pleased with them), especially the most prominent figures among them, such as the four Rightly-Guided Caliphs and others, have been commended by Allah in the Qur’an and their virtues have been proven in the Sunnah. All of that because of their assiduous compliance and obedience to the commands of Islam (and) their steadfastness in adhering to them…….’

Note: The Sahaba are commended by Allāh (Subḥānahu ūta'āla) for their ‘assiduous compliance and obedience to the commands of
Islam (and) their steadfastness in adhering to them….’

Then what are we to make of the ‘majority of fuqaha’ who – it is claimed by the Author – think it permissible to disobey the commands of Islam by burning with fire as a punishment?
 
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Niblo

Active Member
Premium Member
...........

The Author continues:

‘Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

‘It should be noted that not one of the leading scholars – who are widely accepted among the ummah – deliberately went against the Messenger of Allah (blessings and peace of Allah be upon him) in his Sunnah in any matter, minor or major.

‘They are unanimously and definitely agreed that it is obligatory to follow the Messenger (blessings and peace of Allah be upon him), and that the opinion of anyone may be accepted or rejected, except the Messenger of Allah (blessings and peace of Allah be upon him).’


Then what are we to make of those fuqaha’ who – according to the Author – deliberately go against the Prophet (sallallahu 'alayhi wa sallam) in the (major) matter of burning someone to death?

Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki asks:

‘How can it be said that God gave anyone the power to create rules that bind God’s servants? And does anyone other than God originate rules? Is there an equivalent to this in the revealed law of Islam (al-sharīʿa) or something else from it which may give some comfort or clarification on this issue?’

And then answers (my emphasis throughout):


‘This power is not a cause of astonishment or wonder, for God has laid out the obligatory, recommended, forbidden, disfavored, and permitted acts through the words of His Prophet, may God bless him and grant him peace. God revealed to him in His noble book, “Today I have completed for you your religion”.

‘But there is also another way in which a judicial ruling differs from a legal opinion, and that is that a legal opinion is amenable to abrogation, whereas a judicial ruling is not. In contrast, a judicial ruling may be overturned if the invalidity of its legal effects becomes manifest while a legal opinion may not. The possibility of being overturned is a feature particular to judicial rulings, and abrogation is a feature particular to legal opinions. This feature of legal opinions, that is, that they may be abrogated, applies to the Prophet’s legal opinions in particular, and the legal opinions of his contemporaries, but only as long as he was alive with them. After his death, abrogation cannot be countenanced with respect to legal opinions because the revealed law became finally established with his death.’ (‘The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers’).

He goes on:


‘As for (the Prophet’s) conduct in giving legal opinions, messengership, and communicating revelation from God, all of that is constitutive of revealed law which applies to human beings until the Day of Judgment. We are obliged to follow every rule that he has communicated to us from his Lord in accordance with the existence or nonexistence of its legal causes, without regard to the ruling of a judge or the permission of the imam, because he, when acting in these three capacities, was communicating to us the connection between that rule and that legal cause, making clear the path between individuals and their Lord. In these cases he was not originating a judicial ruling from himself, nor was he acting in the capacity of an imam, that is, making rules in accordance with his perception of the public good.’ (op.cit).

Al-Maliki reminds us that the repeal (abrogation) of a judicial ruling can be executed only by one who has the authority to do so. No scholar; no jurist; no Caliph has the authority to abrogate a judicial ruling – any judicial ruling – made by the Prophet (sallallahu 'alayhi wa sallam).


Abdurrahman Al-Maliki confirms that among the punishments that are ‘explicitly prohibited’ is burning with fire. Al-Maliki includes in this prohibition killing by the use of electricity (see his: ‘The Punishment System in Islam - Nidham Ul-‘Uqoobaat’).’

May Allāh (subḥānahu ūta'āla) bless you and your family, and keep all of you to close to Himself.
 

dybmh

דניאל יוסף בן מאיר הירש
There is so much good information in your posts.

These parts resonate with me as something which deserves emphasis.

If I am understanding, these prohibit forced conversions and vigilante justice. And this is Sharia Law?

there are some guidelines to be observed in order to avoid people using this maxim to meet their vain desires:

2. The exigency must be present and not something predicted.
3. There is no other lawful alternative.

This is a very powerful idea. I want to take this idea and apply it to the Pew research provided by @icehorse.

A special thanks to @Niblo for the effort and for sharing this information here in this thread.

I also want to offer a special thanks to @icehorse and @LuisDantas for helping me focus on ideas and for helping move this thread forward.

Edit: and special thanks to the scholars quoted in Niblo's posts. May Almighty G-d continue to bless them and theirs where ever they are and where ever they go.
 

Niblo

Active Member
Premium Member
There is so much good information in your posts.

These parts resonate with me as something which deserves emphasis.

If I am understanding, these prohibit forced conversions and vigilante justice. And this is Sharia Law?



This is a very powerful idea. I want to take this idea and apply it to the Pew research provided by @icehorse.

A special thanks to @Niblo for the effort and for sharing this information here in this thread.

I also want to offer a special thanks to @icehorse and @LuisDantas for helping me focus on ideas and for helping move this thread forward.

Edit: and special thanks to the scholars quoted in Niblo's posts. May Almighty G-d continue to bless them and theirs where ever they are and where ever they go.

Amen!
 

The_Fisher_King

Trying to bring myself ever closer to Allah
Premium Member
The Author continues:

‘Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

‘It should be noted that not one of the leading scholars – who are widely accepted among the ummah – deliberately went against the Messenger of Allah (blessings and peace of Allah be upon him) in his Sunnah in any matter, minor or major.

‘They are unanimously and definitely agreed that it is obligatory to follow the Messenger (blessings and peace of Allah be upon him), and that the opinion of anyone may be accepted or rejected, except the Messenger of Allah (blessings and peace of Allah be upon him).’


Then what are we to make of those fuqaha’ who – according to the Author – deliberately go against the Prophet (sallallahu 'alayhi wa sallam) in the (major) matter of burning someone to death?

Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki asks:

‘How can it be said that God gave anyone the power to create rules that bind God’s servants? And does anyone other than God originate rules? Is there an equivalent to this in the revealed law of Islam (al-sharīʿa) or something else from it which may give some comfort or clarification on this issue?’

And then answers (my emphasis throughout):


‘This power is not a cause of astonishment or wonder, for God has laid out the obligatory, recommended, forbidden, disfavored, and permitted acts through the words of His Prophet, may God bless him and grant him peace. God revealed to him in His noble book, “Today I have completed for you your religion”.

‘But there is also another way in which a judicial ruling differs from a legal opinion, and that is that a legal opinion is amenable to abrogation, whereas a judicial ruling is not. In contrast, a judicial ruling may be overturned if the invalidity of its legal effects becomes manifest while a legal opinion may not. The possibility of being overturned is a feature particular to judicial rulings, and abrogation is a feature particular to legal opinions. This feature of legal opinions, that is, that they may be abrogated, applies to the Prophet’s legal opinions in particular, and the legal opinions of his contemporaries, but only as long as he was alive with them. After his death, abrogation cannot be countenanced with respect to legal opinions because the revealed law became finally established with his death.’ (‘The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers’).

He goes on:


‘As for (the Prophet’s) conduct in giving legal opinions, messengership, and communicating revelation from God, all of that is constitutive of revealed law which applies to human beings until the Day of Judgment. We are obliged to follow every rule that he has communicated to us from his Lord in accordance with the existence or nonexistence of its legal causes, without regard to the ruling of a judge or the permission of the imam, because he, when acting in these three capacities, was communicating to us the connection between that rule and that legal cause, making clear the path between individuals and their Lord. In these cases he was not originating a judicial ruling from himself, nor was he acting in the capacity of an imam, that is, making rules in accordance with his perception of the public good.’ (op.cit).

Al-Maliki reminds us that the repeal (abrogation) of a judicial ruling can be executed only by one who has the authority to do so. No scholar; no jurist; no Caliph has the authority to abrogate a judicial ruling – any judicial ruling – made by the Prophet (sallallahu 'alayhi wa sallam).


Abdurrahman Al-Maliki confirms that among the punishments that are ‘explicitly prohibited’ is burning with fire. Al-Maliki includes in this prohibition killing by the use of electricity (see his: ‘The Punishment System in Islam - Nidham Ul-‘Uqoobaat’).’

May Allāh (subḥānahu ūta'āla) bless you and your family, and keep all of you to close to Himself.

A really nice discussion of the question, thank you for taking the time.
 
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