HeiGou “There is also a larger issue of law here - Islamic law is sort of half way between private law (where murder is a tort and the state is not involved) and public law (where murder is a crime and the individual is not involved)”, that sort of thing does allow for a lot of personal values to come into play while deciding what the proper punishment should be.
Are the victims to be less valued, or valued more, depending on if they are the only son verses one of many daughters? Is the murdered “not well liked” victim to be less avenged than that of the “well liked” victim?
Is murder “less” wrong, depending on the victim and therefore a lesser punishment can be meted out? (In at least one respect I see the same logic being applied to law here in the USA with all the “Hate crime” laws. Plain murder is murder. The reasons for it are, in most cases, un-important as to the resulting punishment.)
There is much about how Islam views murder and punishment that I don’t understand.
Should a wealthy man be held any less accountable than a poor man for committing the exact same crime? One pays out of his excess’ and the other pays with his life?
That is just one of the many problems I see when folks start talking about implementing Islamic law as a good thing.
Murdering a man for insulting Muhammad is no less offensive than murdering a man for being black.
“In Islam, as far as I can see, the whole notion of a state is extremely weak anyway”.
I agree, for me it presents a rather confusing set of circumstances at times in my views of Islam. (As an aside, I also find Islam’s view on rhetoric to be rather confusing. The fellow in Iran is an example of what I am referring to.)
Thanks
Nimrod