Hi cocolia42,
Thanks for your answer.
When you say "it's not ok for the family to suffer so the woman can work...". How "not ok" is it? Is this just a suggestion, or could the wife be punished for going to work?
When it comes to Sharia, would you feel free to leave Islam, or might you be punished if you did?
Same basic question concerning free speech. Of course I agree the world is a better place when people are respectful of each other. With that said, if someone criticizes or makes jokes about Islam or Muhammad, what is the result? I ask because there have been many worldwide Islamic organizations that have actively promoted blasphemy laws. Organizations such as the OIC and CAIR to name a few. And I'm sure you recall what happened around the world several years ago with the Danish cartoons?
As far as freedom of religion - what is the penalty for apostasy?
As far as what a "moderate Muslim" is, I don't know either, but it's a phrase you hear a lot on the news.
cocolia42 - I'm asking the hard questions because these are the important questions, I thank you for your time and energy.
Perhaps you should seek authentic sources for your information instead of the news. Clearly you have no idea what Sharia is. Let me give you an analogy. I'm American and most westerners are familiar with our judicial system, so I'll use that.
We have a Supreme Court. The Supreme Court Justices use the Constitution to make decisions about what actions are legal or illegal as well as what punishments are legal or illegal. The Justices use their own understanding in applying the Constitution to these rulings. Not all Justices will agree.
Sharia works the same way. A Fiqh Council (fiqh loosely translates to Islamic jurisprudence) would be likened to the Supreme Court. A Fiqhi (or Mufti) would be likened to a Supreme Court Justice. The Qur'an and Sunnah would be likened to the Constitution.
There are very few clearly defined punishments in Sharia law, and those are what we call hadd (plural hudud). They are to be applied in the most extreme cases and they are the most extreme punishments (meaning another punishment cannot be applied for the same crime) and they require clear proof.
For example, you may have heard on the news that the punishment for theft is cutting off the hand. This is a hadd punishment. Not every thief is going to have his hand cut off. If you steal food to feed your family because you're poor, you won't have your hand cut off. But if you violently mug a woman to take her $7, you might. If you receive that punishment, that's the entire punishment. You do not go to jail, you do not pay a fine. That's it.
Everything else is left up to the Fiqh Council. They decide what is legal and they decide what the punishment is for anything illegal.
With the exception of Saudi Arabia, hadd punishments are very rare.
As for the answers to the specific questions you asked, the punishments would be decided by the council. And in most countries, culture applies a great deal to those decisions.
Now, on the issue of Apostasy...
That is a matter in which the ulama (scholars) disagree.
There is a hadith in the Sunnah of the Prophet, salallahu alayhi wa salam, where the Prophet says, "Whosoever changes his religion, Kill him."
There are some scholars who take this to mean that apostasy is punishable by death.
Many scholars disagree.
Allah, subhanahu wa ta'ala, says, "Say, "O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah . Indeed, Allah forgives all sins. Indeed, it is He who is the Forgiving, the Merciful." And return [in repentance] to your Lord and submit to Him before the punishment comes upon you; then you will not be helped." (surat az-Zumar:53-54)
So we see that Allah forgives any sin if we repent. Surely someone who turns away from Islam can repent and turn back to Islam (notice the word
return in the above verses)
Allah also says, "There shall be no compulsion in [acceptance of] the religion. The right course has become clear from the wrong. So whoever disbelieves in Taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing." (surat al-Baqarah:256)
So we see that you cannot force someone to believe. So punishing apostasy would be senseless.
Allah also says, "Indeed, those who have believed then disbelieved, then believed, then disbelieved, and then increased in disbelief - never will Allah forgive them, nor will He guide them to a way." (surat an-Nisa:137
So we see it is possible to believe, then disbelieve, then believe again. This could not be if apostasy is punishable by death.
Allah also says, "So remind, [O Muhammad]; you are only a reminder. You are not over them a controller." (surat al-Ghashiyah:21-22)
So we see that it is not our concern who accepts Islam and who does not.
Allah also says, "Then is one to whom the evil of his deed has been made attractive so he considers it good [like one rightly guided]? For indeed, Allah sends astray whom He wills and guides whom He wills. So do not let yourself perish over them in regret. Indeed, Allah is Knowing of what they do." (surat Fatir:8)
So shall we kill a man for leaving Islam when it was Allah Himself who sent him astray?
Anyway, the point is, Sharia is not a set of specific laws and punishments. There is judgement to be applied. And man is influenced by his community and his culture. So there are really no direct answers for who will be punished for what under Sharia law.
Allah alam
