Hello justahumane,
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Originally Posted by justahumane  Brother U are forgetting that ALLAH knows very well that to whom he is giving his commands. Offcourse at the time of revealaion it was the Holy Prophet, but ALLAH knew very well that how the coming generations,who are going to implement his commands, will be able to do justice. A human is made to commit mistakes, no one can be like the holy prophet, he wasnt made like ordinary human being by ALLAH himself. To expect from the judge and witnesses that the justice done will be 100%? No way!!! than I have serious doubts. |
Brother, remember when I talked about
Ta'azir punishments vs.
Hudood punishments? It's going to come up again here.
The hudood punishments, which are being discussed in this thread are to be delivered ONLY when there is certainty of the offense, not simply on the basis of circumstantial evidence. In other cases, when the guilt is established, a
Ta'azir punishment is given.
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The laws of failed democracies of the world are made upon a principal that even if 10 culprits get away...but one innocent must not be punished. Coz that will be the greatest injustice in guise of justice.
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First, the punishments cannot be given when there is doubt, as mentioned above. Second, western societies are secular and consequently do not believe in an afterlife. God will compensate all human beings for anything they suffered unfairly in this life. We also notice a double standard in the same soceties you speak of when it comes to warfare and they accept 'collateral damage'.
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Let me tell U about an incident which hit the national headlines in India recently. One Indian man who was working at a petrol station in Saudi Arabia had a spat with someone on a trivial issue. That Arab was having some screw driver in his hands which accidently pricked his eye and the eyesight was lost consequently afterwards. The shariyah court ruled that eye of the accused should be popped out. The company which employed the accused offered some money to victim which he initially refused but after the Indian government intervened than the victim pardoned the accused just a week back.
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Thanks for the practical example, which we can now discuss. First of all, we are discussing
Shari'ah law not
Saudi law, and there is a difference between the two.
Secondly, the ruling you have cited for me is not correct, and I will demonstrate that by quoting from a renowned muslim scholar, who also is Saudi. Abu Bakr Jabir Al-Jaza'iry, a lecturer in the noble Prophetic Mosque explains when retaliation is taken in such a case.
The Criminal Offense that Harms the Limbs
Its Definition
The criminal assault that harms the limbs is when a person transgresses against another and gouges his eye out or breaks his leg or cuts off his hand, for example.
Its Ruling
If the attacker did this act intentionally... then he (the attacker) is retaliated against on behalf of the victim by having whatever part he cuts off, cut off from himself and he is wounded with the same way that wounded him. This is due to the statement of Allah the Almighty:
and the wounds equal for equal [5:45]
The exception to this is if the victim accepts a payment of blood money or he pardons the agressor. (Al-Jaza'iry, Minhaj Al-Muslim, p. 487, bold emphasis added)
It becomes clear that you have either not recalled the ruling correctly, or the ruling was incorrect since, for one thing, the action was unintentional as you described it. Al-Jaza'iry also mentions that retaliation of this form does not occur if it is feared that injustice might occur in taking retaliation, or if like retaliation is simply not possible often due to the risk of death involved.
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Brother I have read all that Dr.Dawalbi had to say, but how to testify it? Saudi society is one of the most secret kind of society.
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Have you lived in Saudi? I quoted UN statistics earlier in this thread.
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but do u have a gaurantee that no innocent will be punished or killed by Islamic State?
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The hadith I quoted earlier in the thread about doubt. Do you have a guarantee that no innocent will be punished or killed in a western society?
Regards