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1.what is shariah


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1.what is shariah

  1. 1. Copyright © Wondershare SoftwareCopyright © Wondershare Software
  2. 2. Copyright © Wondershare Software What is sharia..?  Sharia ( ‫قانون‬‫إسالمي‬ ) is the moral code and religious law of Islam. The Shari’ah is all justice, kindness, common good and wisdom.(Ibn Qayyim al-Jawziya ) It is divine Law revealed in Quran and exemplified in the life of Muhammad. sharia is interpreted by Islamic judges (Qadis)
  3. 3. Copyright © Wondershare Software Main Sources of Islamic Law/Sharia There are 5 main sources of Islamic Sharia as follow, Qur’an (The Holy book ) Sunnah (Examples of Prophet) Qiyas ( Analogical Reasoning ) Ijma (Consensus) Ijtahd (Extrapolation)
  4. 4. Copyright © Wondershare Software Crimes in Islam  “Crime is an unlawful act for which punishment has been prescribed by the Shariah by way of fixation or discretion.”  Crimes under Islamic Law can be broken down into three major categories  Had Crimes (most serious).  Tazir Crimes (least serious).  Qisas Crimes (revenge crimes restitution)
  5. 5. Copyright © Wondershare Software What is HAAD….?  Hadd( ‫حد‬ )literal meaning "limit", or "restriction”.  Hudud usually refers to the class of punishments that are fixed for certain crimes that are considered to be "claims of God."  Hudood is one of four categories of punishment in Islamic Penal Law as Qisas ,Dia , Hadood and Tazir.  There is no plea-bargaining or reducing the punishment for a Had crime.
  6. 6. Copyright © Wondershare Software Hadood contd.. In the category of Haad following crimes are present  Theft ( Sariqa , ‫السرقة‬ )  Brigandage ( Hirabah , ‫الحرابة‬ )  Illegal sexual intercourse ( Zina', ‫الزنا‬ )  False accusation of ( Zina' Qadhf, ‫القذف‬ )  Drinking alcohol (Shurb al-Khamr , ‫شرب‬‫الخمر‬ )  Apostasy ( Irtidad or Ridda , ‫ارتداد‬‫أو‬‫ّه‬‫د‬‫ر‬ )includes blasphemy
  7. 7. Copyright © Wondershare Software Theft  Theft is defined as covertly taking the wealth of another party from its secure location with the intention of taking possession of it.  Property stolen is of the value of Nisab or more, the property is removed from Hirz i.e the arrangements for the custody of property, etc.  The Nisab for theft liable to Hadd is 4.457 grams of gold or other property of equivalent value at the time of theft.
  8. 8. Copyright © Wondershare Software Theft  The punishment of Hadd for theft is amputation of right hand from the joint of the wrist if the theft is committed for the first time  Al-Shaafa'i, Abu Haneefah, Maalik and the majority (of scholars) said: "The hand should be cut off from the wrist, where the hand meets the forearm.“  Al-Qurtubi said: "All the scholars said: The hand should be cut off from the wrist, not as some of the innovators do when they cut off the fingers and leave the thumb."*
  9. 9. Copyright © Wondershare Software Theft  At least two Muslims adult male witnesses who fulfill the strict requirements of Tazkiaatusshaood testifies against the accused  Almighty God says in verse number 38 of Surah Maidah, “As for the thief – male or female – cut off the hands of both. This is a recompense for what they have done, and an exemplary punishment from Almighty Allah. Allah is All-Mighty, All-wise”.  The Prophet said: “The hand (of the thief) should be cut off for (the theft of) a quarter of a Dinar or more.” [Al- Bukhaari]
  10. 10. Copyright © Wondershare Software Theft  What indicates that this ruling is definitive is the fact that a Makhzoomi noblewoman (from the tribe of Makhzoom) stole at the time of the Prophet and Usaamah Ibn Zayd wanted to intercede for her. The Prophet became angry and said: “Do you intercede concerning one of the Hadd set by Allaah? Those who came before you were destroyed because if a rich man among them stole, they would let him off, but if a lowly person stole, they would carry out the punishment on him. By Allaah, if Faatimah Bint (daughter of) Muhammad were to steal, I would cut off her hand.” [Al- Bukhaari]
  11. 11. Copyright © Wondershare Software Highway Robbery  Hirābah ‫حرابة‬ is an Arabic word for “piracy”, or “unlawful warfare”. Hirabah comes from the root hariba, which means “to become angry and enraged”. The noun harb ‫حرب‬ means “war” and/or “enemy”. One who commits hirabah would be a hirabi.  “Al-hirabah ... refers to robbery with violence. There are differences among the jurists as to whether the offense can only relate to robbery on the highway or whether armed holdups in urban areas are also included
  12. 12. Copyright © Wondershare Software Contd..  The penalty varies according to whether the robber has killed or injured the victim or simply robbed or threaten to rob him or her  He prescribed penalties are death (if the robber has killed but has not got away with the stolen property); crucifixion (where the robber has killed and got away with stolen property); cutting off the hand and foot on opposite sides (robbery with violence where the robber does not kill the victim); (and) exile (where the robber frightens the victim but does not kill or get away with the stolen property).”
  13. 13. Copyright © Wondershare Software Fornication and Adultery  Unlawful relationship between a man and a woman  The punishment of Hadd for adultery is Rajam i.e. stoning to death for those who are married and for those who are un-married/bachelors the punishment is 100 stripes  This sentence was not introduced by Islam but even before Islam, this sentence was present in other divine books like Torah that was revealed to the Moses  confession of the accused or the testimony of four witnesses who fulfill the strict requirements
  14. 14. Copyright © Wondershare Software Contd..  Almighty God says in verse number 2 of Surah Noor, “Those who fornicate whether female or male – flog each one of them with 100 lashes. And let not tenderness for them deters you from what pertains to Allah’s religion, if you do truly believe in Allah and the Day of Judgment and let a party of believers witness their punishment”.
  15. 15. Copyright © Wondershare Software Drinking  Drugs, Bear etc which ruin the mentally and physically appearance are haram in Islam.  The punishment of Hadd for drinking wine or taking intoxicating liquor is whipping 80 stripes  Accused confesses before the court commission of the offence or two male witnesses who fulfill the strict requirements of Tazkiaatusshaood testify against the accused before the court of law
  16. 16. Copyright © Wondershare Software Hadiths For drinking  1) Jabir reported that the Holy Prophet said, "Whosoever drinks wine, whip him. If he repeats it for the fourth time, kill him.". (Tirmidhi, Abu Dawood)  2) Ibn Umar reported that the Messenger of Allah said, "Every intoxicant is khamr (wine) and every intoxicant is haraam (unlawful). Whosoever drinks wine in this world and dies whilst consumed in it and does not repent will not drink it in the next world. (Muslim)
  17. 17. Copyright © Wondershare Software  Almighty God says in verse 90 of Surah Maidah, “Believers! Intoxicants, games of chance, idolatrous sacrifices at altars and divining arrows are all abominations, the handiwork of Satan. So turn wholly away from it that you may attain to true success”.  Almighty God says , “O You who believe! Intoxicants and gambling, (dedication of) stones and (divination by) arrows are an abomination of Satan’s handiwork. Avoid (such abominations) that you may prosper  Satan’s plan is to sow hatred and enmity amongst you with intoxicants and gambling, and to hamper you from the remembrance of Allah and from prayer. Will you not give up? (5:91)
  18. 18. Copyright © Wondershare Software Apostasy  Apostasy is defined as a Muslim making a statement or performing an action that takes him out of the fold of Islam  Remedy for a problem that existed at the time of the Prophet , This problem was that a group of people would publicly enter into Islam together then leave Islam together in order to cause doubt and uncertainty in the hearts of the believers.  “A group from the People of the Scripture said: ‘Believe in what is revealed to those who believe at the beginning of the day, then disbelieve at the end of the day, so perhaps they might return from faith.” (Quran 3:72)  the apostate is given time to repent
  19. 19. Copyright © Wondershare Software False Accusation  Qazf (False Accusation ) means accusing any person of adultery/zina with the intention of harming the reputation of that person  This is defined as accusing the chaste, innocent person of fornication or adultery  It also includes denying the lineage of a person from his father  The punishment of Hadd for Qazf or slander is whipping 80 stripes  Accused confesses before a court of law of the commission of Qazf or the accused commits Qazf in the court and at least two Muslim adult male witnesses
  20. 20. Copyright © Wondershare Software Qasf Contd.. Almighty God says in verse number 4 of Surah Noor, “Those who accuse honourable women (of unchastity) but do not produce four witnesses, flog them with 80 lashes, and do not admit their testimony ever after. They are indeed transgressors”
  21. 21. Copyright © Wondershare SoftwareCopyright © Wondershare Software TAZIRCrimes not in Hadd
  22. 22. Copyright © Wondershare Software Tazir  In Islamic Law, Tazir ( Arabic ‫تعزير‬ )is the penalty or punishment given for committing sinful acts which cannot be punished under the hadd or kaffarah punishment.  For which no punishment is specified in the Qur'an.  Burden of proof is less strict in a Ta'zir case, the testimony of two witnesses or a confession is enough. 
  23. 23. Copyright © Wondershare Software Contd..  Judge can vary the punishment according to a number of conditions  Hadd can be converted into Tazir where standards of proof are not being fulfilled.  Types of tazir offences a. Ta’zir for Committing Sinful Acts b. Ta’zir Because of Transgressing the Public Interest c. Ta’zir on Committing Minor Offences
  24. 24. Copyright © Wondershare Software Examples of Tazir  Here are some examples  Eating of prohibited food  Breach of trust  False testimony  Insult & abuse  Bribery  Gambling  Short measures & adulteration  Homosexuality
  25. 25. Copyright © Wondershare Software Types of Tazir Punishment  Types of Ta'zir Punishment for Ta’zir Offences  Death  Threat  Boycott  Public exposure  Fine  Termination/suspension of subsidy  Deprivation of rights  Seizure of property  Abolition
  26. 26. Copyright © Wondershare Software Islamic Law – Conclusion Following are some important conclusions about Islamic Sharia,  Islam recommends bodily punishment as a last resort.  For giving punishment witness requirement should be meet.  The criminal is treated in such a way that he would example for others.  Civilisation is rooted in justice , Islam provide us a judicial system.