Perfection of the Islamic state

Hi Azy,
I must say I'm somewhat surprised to see you pick in on that post I made towards that guy that didn't bother to read the topic. I would have expected that you would have replied to my other main post instead.
 
Declaring that you have become an apostate (never mind collaborating with the enemies of the state) will get you the death penalty if you don't repent within a fixed time period in an Islamic state. This is the view held by the majority of scholars, and the one held by all four Madhabs. Are you denying this?
http://www.islamqa.com/en/ref/12406/apostate
http://www.islamqa.com/en/ref/79067
http://www.islamonline.net/English/contemporary/2006/04/article01c.shtml##top5

Islamqa is not regarded as a reputable source on Islam by many Muslims.

You said that declaring that you have become an apostate will get you the death penalty if you don't repent within a fixed time period in an Islamic state. Can you quote the part from the islamonline link that backs this up?
 
I believe the impediment to an Islamic state would be separating culture from religion. I've heard many Muslims say that many of the laws in supposed "Islamic states" these days are a result of culture and not Islamic law. There would also be the usual issue of conservative vs. liberal understandings of the law. I realize that ideally there would be a concrete set of laws that cannot be infuenced by personal politics, but that was also the belief about the U.S. Constitution. However, personal politics and changing societies lead to different understandings of law.

The problem with any theocracy is that people aren't perfect and cannot be trusted to adhere to the spirit of any religious faith. That leads me to believe that any successful theocracy would be better served if it was made up of voluntary citizens and not unwilling ones.
 
Islamqa is not regarded as a reputable source on Islam by many Muslims.

You said that declaring that you have become an apostate will get you the death penalty if you don't repent within a fixed time period in an Islamic state. Can you quote the part from the islamonline link that backs this up?

From Islamonline:
That is why the Muslim jurists are unanimous that apostates must be punished, yet they differ as to determining the kind of punishment to be inflicted upon them. The majority of them, including the four main schools of jurisprudence (Hanafi, Maliki, Shafi`i, and Hanbali) as well as the other four schools of jurisprudence (the four Shiite schools of Az-Zaidiyyah, Al-Ithna-`ashriyyah, Al-Ja`fariyyah, and Az-Zaheriyyah) agree that apostates must be executed.
4. The majority of scholars are of the opinion that apostates should be asked to repent and return to Islam before punishment is inflicted upon them. Moreover, Ibn Taymiyah, in his book, As-Sarim Al-Maslul `ala Shatim Ar-Rasul,, wrote, "The Prophet's Companions (may Allah be pleased with them) were unanimous that the apostate be asked to repent and return to Islam before punishment is inflicted upon him."

Some jurists say that an apostate should be given a 3 day respite to repent; some say it is less than this, some say it is more, and some others say he is to be asked for this for as long as he lives. Some scholars, however, made exception of the hypocrite (zendiq), who pretends to be a Muslim never actually was. According to certain scholars, repentance cannot be accepted from hypocrites. This applies also to those who insult the Prophet (peace and blessings be upon him).
 
From Islamonline:

Both of those quotes refer to apostates who CAUSE TROUBLE in the state - the repentance time is to give them a chance of mercy (i.e person X apostates from Islam then starts fighting against the state - he has Z amount of days to repent, else he's legible for a punishment).

One needs only to look back into the history of the Prophet [pbuh] to see that out of many, many apostates (during the infancy of Islam), only 8 were given the execution punishment.
 
Both of those quotes refer to apostates who CAUSE TROUBLE in the state - the repentance time is to give them a chance of mercy (i.e person X apostates from Islam then starts fighting against the state - he has Z amount of days to repent, else he's legible for a punishment).

One needs only to look back into the history of the Prophet [pbuh] to see that out of many, many apostates (during the infancy of Islam), only 8 were given the execution punishment.
It isn't just those that cause trouble and fight against the state, and you should be aware of this. The scholars are unanimous on apostates of any kind that don't repent being punished.

http://www.islamonline.net/English/contemporary/2006/04/article01c.shtml
For example, Ibn `Abbas quoted the Prophet (peace and blessings be upon him) as having said, "Whoever changes his religion, then kill him."

A similar wording of the hadith was reported on the authority of Abu Hurairah and Mu`awiyah ibn Haidah with a sound chain of transmission. Also, Ibn Mas`ud reported the Prophet (peace and blessings be upon him) as having said, "The blood of a Muslim who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful to shed unless he be one of three: a married adulterer, someone killed in retaliation for killing another, or someone who abandons his religion and the Muslim community."

Another version of this hadith was reported by `Uthman, "The blood of a Muslim is not lawful to shed unless he be one of three, a person that turned apostate after (embracing) Islam or committed adultery after having married, or killed a person without just cause."

The eminent scholar Ibn Rajab said, "Punishing a person by death for committing any of these sins is agreed upon among Muslims."

`Ali ibn Abi Talib (may Allah be pleased with him) punished some people who apostatized from Islam and claimed that he was a god by putting them to fire after having reprimanded them and asked them to return to Islam but to no avail. He put them to fire saying these following lines of poetry:

When I saw the matter so flagrant,

I kindled fire and summoned for Qanbar"

Qanbar was the servant of Imam `Ali.

Ibn `Abbas did not agree with `Ali about burning the apostates, quoting, as evidence for his opinion, the Prophet's hadith, "Do not punish anybody with Allah's punishment (of fire)." According to Ibn `Abbas, the apostates should have been killed by a means other than burning. Thus, Ibn `Abbas was not against killing the apostates in principle, but against killing them by fire.

Abu Musa and Mu`adh also punished a Jew by death, as he had embraced Islam and then reverted back to Judaism. Mu`adh said about that: "It is the verdict of Allah and His Messenger."

`Abdur-Raziq also reported, "Ibn Mas`ud held in custody some Iraqi people who had apostatized from Islam, and then wrote to Caliph `Umar asking him what to do with them. `Umar wrote him back, saying, 'Ask them to return to the true religion (of Islam) and the Testimony of Faith. If they are to accept this, set them free, and if they are to reject it, then kill them.' When Ibn Mas`ud did so, some of the apostates repented and some refused, and thus, he set free the repentant and killed those who renounced Islam after being believers."

It is also reported on the authority of Abu `Umar Ash-Shaybani that when Al-Mustawrad Al-`Ajli converted to Christianity after having embraced Islam, `Utbah ibn Farqad sent him to `Ali, who asked him to return to Islam, but he refused, and thus `Ali killed him.

Actually those that do fight against the state don't get an opportunity to repent.
In this respect, Ibn Taymiyah differentiated between two kinds of apostasy, an apostasy which does not cause harm to the Muslim society and an apostasy in which apostates wage war against Allah and His Messenger and spread mischief in the land. The repentance of the apostates in the first kind is accepted; while in the second kind, it is not if it occurs after the apostates have fallen into the power of the Muslim authority.
 
*sigh* sorry steve, I promise this is my last off-topic post.
It isn't just those that cause trouble and fight against the state, and you should be aware of this. The scholars are unanimous on apostates of any kind that don't repent being punished.

http://www.islamonline.net/English/contemporary/2006/04/article01c.shtml

I shall highlight the points of importance:

from link above said:
....Also, Ibn Mas`ud reported the Prophet (peace and blessings be upon him) as having said, "The blood of a Muslim who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful to shed unless he be one of three: a married adulterer, someone killed in retaliation for killing another, or someone who abandons his religion and the Muslim community

i.e. go against the state.

The rest of the hadith are time specific - it requires a lot of historical knowledge to properly interpret them (which I don't have!)


Actually those that do fight against the state don't get an opportunity to repent.

In this respect, Ibn Taymiyah differentiated between two kinds of apostasy, an apostasy which does not cause harm to the Muslim society and an apostasy in which apostates wage war against Allah and His Messenger and spread mischief in the land. The repentance of the apostates in the first kind is accepted; while in the second kind, it is not if it occurs after the apostates have fallen into the power of the Muslim authority
Meaning if you repent within that time (i.e before the authorities get you), then it will be accepted by the state.
 
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i.e. go against the state.

The rest of the hadith are time specific - it requires a lot of historical knowledge to properly interpret them (which I don't have!)
Well the scholars do have this knowledge, and all four Madhabs are in agreement that apostates are to get the death penalty if they don't repent after being asked. This is a fact that you cannot deny. Please read that link I provided from Islamonline, or ask a scholar. You are not in a position to call saheeh hadiths of Muhammed and his companions time specific or any such thing.

Meaning if you repent within that time (i.e before the authorities get you), then it will be accepted by the state.
This is different to apostasy without fighting against the state, to which you would normally get three days after the authorities catch you to repent before the death penalty is received.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
"Apostasy is of two types: ordinary apostasy and extreme apostasy, for which execution is prescribed. In both cases there is evidence that it is essential to execute the apostate, but the evidence indicating that the sentence of death may be waived if the person repents does not apply to both types of apostasy. Rather the evidence indicates that that is allowed only in the first case – i.e., ordinary apostasy – as will be clear to anyone who studies the evidence that speaks about accepting the repentance of the apostate. In the second type – i.e., extreme apostasy – the obligation to put the apostate to death still stands, and there is no text or scholarly consensus to indicate that the death sentence may be waived. The two cases are quite different and there is no comparison between them. It does not say in the Qur’aan or Sunnah, or according to scholarly consensus, that everyone who apostatizes in word or deed may be spared the death sentence if he repents after he is a captured and tried. Rather the Qur’aan and Sunnah, and scholarly consensus, differentiate between the different kinds of apostates."
 
Well the scholars do have this knowledge, and all four Madhabs are in agreement that apostates are to get the death penalty if they don't repent after being asked. This is a fact that you cannot deny.
I didn't deny this in the first place - I was giving you an explanation.

You are not in a position to call saheeh hadiths of Muhammed and his companions time specific or any such thing.
And you are not in a position to make that statement. By this, I mean: Do you know the context of those hadith? No and neither do I - the difference between us two is that I err on the side of caution, whereas you seemingly like to make an assumption.

This is different to apostasy without fighting against the state, to which you would normally get three days after the authorities catch you to repent before the death penalty is received.

Your copy and paste job contradicts your previous backing. I'm not going to discuss this topic anymore with you until you have read Ansar's post on the thread dealing with apostacy, which was previously given by Osman. It is located here

edit: the linked thread has been locked - if you still have questions, post it here.
p.s; sorry steve...again.
 
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I didn't deny this in the first place - I was giving you an explanation.
Well I'm glad that you're not in denial at least.

And you are not in a position to make that statement. By this, I mean: Do you know the context of those hadith? No and neither do I - the difference between us two is that I err on the side of caution, whereas you seemingly like to make an assumption.
Dr Yusuf Al-Qaradawi and many other scholars cite those hadiths as evidence for putting apostates to death. If anyone, it is them that you should accuse of making an assumption.
Sheikh `Attiyah Saqr, former Head of Al-Azhar Fatwa Committee, states:

"It is not right to deny the punishment of apostasy claiming that it has not been reported in the Qur'an, because it has been recorded in the mutawatir (Hadith which has been reported by at least four of the Companions in different times and places in a way that make a person sure that such Hadith is not fabricated) and the non-mutawatir Sunnah of the Prophet (peace and blessing be upon him). Hudud (Islamic punishment specified for certain crimes) may, of course, be based on the non-mutawatir Sunnah."
Source


Your copy and paste job contradicts your previous backing. I'm not going to discuss this topic anymore with you until you have read Ansar's post on the thread dealing with apostacy, which was previously given by Osman. It is located here
I read his post earlier, and I'm not quite sure what his position on apostates that don't fight against the state is. I think he agrees that if they don't repent then they should get the death penalty, although he stays away from saying it explicitly.
 
....
Dr Yusuf Al-Qaradawi and many other scholars cite those hadiths as evidence for putting apostates to death. If anyone, it is them that you should accuse of making an assumption.

Again, I'll highlight the crux of the statement:
It is not right to deny the punishment of apostasy claiming that it has not been reported in the Qur'an, because it has been recorded in the mutawatir
He's referring to the ruling on apostacy - he is not talking about the context of the hadith you gave. When he gives examples of the hadith illustrating the apostacy ruling being carried out, he's giving backing to the killing of apostates i.e showing the cases where it happened in history.

Source
In fact, the source you gave actually gives you the reason as to why the apostacy ruling came about which in turn sheds some light on the context of those ahadith you presented eariler.
 
Again, I'll highlight the crux of the statement:

He's referring to the ruling on apostacy - he is not talking about the context of the hadith you gave. When he gives examples of the hadith illustrating the apostacy ruling being carried out, he's giving backing to the killing of apostates i.e showing the cases where it happened in history.

Source
In fact, the source you gave actually gives you the reason as to why the apostacy ruling came about which in turn sheds some light on the context of those ahadith you presented eariler.
I think I understand what you're saying now, and I am aware of the justifications given for the killing of apostates. That isn't something that I wish to argue with.

I suppose we can at least agree that complete religious freedom and free speech isn't possible in a Sharia governed state, which was my initial criticism.
 
Hi
Well the scholars do have this knowledge, and all four Madhabs are in agreement that apostates are to get the death penalty if they don't repent after being asked. This is a fact that you cannot deny. Please read that link I provided from Islamonline, or ask a scholar. You are not in a position to call saheeh hadiths of Muhammed and his companions time specific or any such thing.
1. A rule shouldn't be accepted just because someone with authority says so, there are actually different scholars who are against this rule so it is not unanimous. People sometimes think that if the four madhebs agree, that there is consensus, but that is wrong. There are more scholars then just those of the four madhebs who follow by the sunnah of the prophet (peace be upon him). Scholars are humans, they make mistakes, every single one of the scholars from the four madhebs said to ignore their rulings when something in the sunnah contradicts them. You shouldn't accept rulings based on authority, but instead based on the strength of their arguments.
2. Every proof presented by scholars are hadeeth discussing a person who committed BOTH apostasy and treason.
3. There are other hadeeths of people committing apostasy, telling it to the prophet (peace be upon him) and not being persecuted.

So, if punishment is only for apostasy combined with treason, that's a whole different case, and your argument fails.
 
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energy_22 said:
According to Muslims, living in an Islamic state would be wonderful.

If it is so wonderful then why has it been so hard to make one!



The answer is here:


Abdul Fattah said:
A rule shouldn't be accepted just because someone with authority says so.. there are different scholars who are against this rule so it is not unanimous.

People sometimes think that if the four madhebs agree, that there is consensus, but that is wrong. There are more scholars than just those of the four madhebs who follow the sunnah of the prophet

Scholars are humans, they make mistakes, every single one of the scholars from the four madhebs said to ignore their rulings when something in the sunnah contradicts them.
.
 
Hi Azy,
I must say I'm somewhat surprised to see you pick in on that post I made towards that guy that didn't bother to read the topic. I would have expected that you would have replied to my other main post instead.
Hi Steve, I still love you :(

I get a bit wound up when someone uses 'the West' as a blanket term.

On to your main post...
First off you assume that everyone will hold up Democracy as the default/best opposition to Shariah rule. I think since we're deciding which is the best method of government out of all those available we should at least consider the others rather than picking one and comparing it's flaws with your preferred candidate.

I would put forward Republic as a better alternative than Democracy, similar in many ways to Sharia.

Your points on stability and justification of laws do not apply to the republic and it is easy enough for it to adapt to the point on equality.
Eating pork victims the whole community. trough you animal diseases can then be spread to humans that would not spread under any other methods (exampel, burdflu). Secondly, for you to eat it, is should be sold in the country, meaning that because you want to eat it, the whole country now has to read the ingredients and watch out on every product they buy. Consenting non muslims cannot be punished for fornication. since that rule applies to muslims. this is another example of where dhimmis receive less punishment. Besides then that I should point out that this isn't victemless either. Promiscuity helps the spread of STD, creates many social problems like fatherless childs, heartbreak and jealousy.
Your argument against pork makes no sense. Keeping pigs does not cause disease to spread any more than keeping any other animal (example, birdflu) so that's not a reason not to keep them, unless you're arguing for vegetarianism. I would imagine buying pork in a muslim country (if it happened) would be like finding a halal butcher in the UK. If a few people start eating pork that doesn't mean all food manufacturers in a muslim country are going to start including it, that would be commercial suicide... if my neighbour started eating arsenic I wouldn't rush to the cupboard and check my food just in case people had started using it in all food.

Causing heartbreak and jealousy are not crimes and are not exclusive to promiscuity, fatherless children and STDs are more to do with acting responsibly rather than promiscuity itself.
 
Abdul,
As I stated in a previous post the problem is the difference between society and the government framework that governs it.

For example, promiscuity would still exist in a Caliphate as it does in a democracy, dictatorship, etc.

Just because you have laws, doesn't mean everyones going to follow them. Its how it deals with the people when they do fail.

Thanks,
Erik
 
Hi Azy
Hi Steve, I still love you :(
I get a bit wound up when someone uses 'the West' as a blanket term.
Fair enough, it was a bit narrow minded of me. I didn't give much thought to it, I was just looking to get rid of the troll :)

First off you assume that everyone will hold up Democracy as the default/best opposition to Shariah rule. I think since we're deciding which is the best method of government out of all those available we should at least consider the others rather than picking one and comparing it's flaws with your preferred candidate. I would put forward Republic as a better alternative than Democracy, similar in many ways to Sharia.
Yeah I kind of assumed that most non-muslims here would think out of all the systems democracy is the best. I just figured that If anyone had another system they want to compare they'd bring it up. As for a republic, I'm not sure what you mean by that. I take it your referring to the classical term of republican, and not the republicans from American politics; since those seem to have little to do with the genuine meaning of that word nowadays, if ever.

Your points on stability and justification of laws do not apply to the republic and it is easy enough for it to adapt to the point on equality.
True I have to grant a classical republic is better in those terms. However I wonder how practical this is. Can you really represent every minority in a governmental system? I see two practical problems:

1. Obviously you cannot appoint representatives by elections, because minorities would be outnumbered. So the the government would just have to play it fair and grant a voice in the senate to any minority that comes forward and ask for it? Like a person could say, hey I'm autistic, autistic people aren't represented yet, so I demand a position. Or hey I just founded a new religion and I have two followers, we demand our voice in the senate as minority.
2. How do you make decisions? If you want to protect minorities, then you must make sure they cannot be outvoted, so only unanimous decisions go trough? I think that would make it practically impossible to govern. A single minority could take the government hostage by rejecting any law, perhaps even with the intent of making the government fall.​

Your argument against pork makes no sense. Keeping pigs does not cause disease to spread any more than keeping any other animal (example, birdflu)
Actually thats not true, keeping pigs does increase the risk.
Allow me to explain. Consider how a virus works. Many viruses, specifically retroviruses are packed in a coat, and on it is a receptor that allows it to enter in our cells by a lock-key mechanism. The virus enters the cells, imposes as if it were DNA and replicates itself by abusing the cell's mechanisms. The new replicas then exit the cells and go and infect other cells. However as they exit the cell, they take a part of the membrane with them as a new coat to travel intercellular.
(I know, the "coat" sounds silly, but that's actually the official name they gave it. Just look here).
Now the cells are full of receptors on it's membrane, so as a newly replicated virus takes part of the membrane, it also takes a receptor with it. This receptor then works as a key on the receptor of another cell and opens the cell so the virus can enter. So there's this vicious cycle where the cells are constantly supplying the necessary keys to enter the next cell.
Now the thing is, different species have different receptors, that is why we are immune to many animal diseases, the viruses simply can't enter our cells. However we do have a common receptor with pigs, so we can get pig-diseases. But it doesn't end there. Most creatures have more then just one receptor. So when a newly duplicated virus exist and exits the cell, it either takes type x or type y of that specie. Pigs next to having a common receptor with humans, also have a common receptor with birds. So let's say the birds-pig receptor is called y and the pig-human is called x. As a bird comes into contact with a pig, the pig gets infected with a birdflu in a coat with receptor y, the flu enters the cell and replicates. Now it exits again and takes receptor x with it as it exits. And there you go, we now have a birdflu that people are no longer immune to. You remember the pandemic in Asia a while ago? They actually traced back the origin of the human trait back to a pig farmer who was the first to acquire it. They tested his pigs and they had the bird flu to. On the side of his pig stalls he had planted fruit trees to make an extra buck. And the fruit trees had bats in it who ate the fruit and dropped parts on the floor into pig stalls. The pigs ate the leftover fruit and got infected from the bats. They did a documentary on Nat. Geo. about it. Some birds in turn might have some other receptors in common with yet another animal, and get infected by it. The birds then pass it on to pigs and eventually to humans. So pigs are like the gateway to every disease of the animal kingdom. By eating pig one doesn't only place his own health in hazard by eating an animal with bad cholesterol and which has exceptionally large numbers of parasites, at the same time one also jeopardizes the whole community by risking to introduce new animal viruses into this community.​

so that's not a reason not to keep them, unless you're arguing for vegetarianism. I would imagine buying pork in a muslim country (if it happened) would be like finding a halal butcher in the UK. If a few people start eating pork that doesn't mean all food manufacturers in a muslim country are going to start including it, that would be commercial suicide... if my neighbor started eating arsenic I wouldn't rush to the cupboard and check my food just in case people had started using it in all food.
I think you are unaware of how many products actually have pig processed in it. If you want to find out, just print out a list of all the different EXXX numbers that you find on different products and look up what they mean on the internet. The most common is E471. And manufacturers don't put that in just because their neighbors do it, nor to piss Muslims off. They use it simply because waste meat of pig is very cheap! They probably assume that due to the encryptic E-numbers nobody is any wiser, or perhaps that nobody cares. Although I must add in your favor, that lately I'm noticing some changes in the industries. And more and more companies like kraft for example who used to use E471 are now switching over to alternative ingredients like sojachtine instead. Be that as it may, I would much prefer to live in a country where these products are simply not allowed so that I don't have to constantly worry about what I'm eating. I'm not saying that it's that big of a problem to read every label on every food product you buy, but what if you eat out? Do you go ask the chef what ingredients they use? Here in Belgium they even put E471 in industrial flour, so I can't even eat any bread or cakes pizza's or what you have. So yeah allowing pork does have a big impact on Muslims, adding the problems of health care which I just explained in depth to that; I don't see why a country with a majority of Muslims should allow it just for the sake of some who just love the taste.

Causing heartbreak and jealousy are not crimes and are not exclusive to promiscuity, fatherless children and STDs are more to do with acting responsibly rather than promiscuity itself.
True, although you must grant me that you will find either one a lot more in cultures where promiscuity is accepted.

Hi Gator
Abdul,As I stated in a previous post the problem is the difference between society and the government framework that governs it. For example, promiscuity would still exist in a Caliphate as it does in a democracy, dictatorship, etc. Just because you have laws, doesn't mean everyones going to follow them. Its how it deals with the people when they do fail.
Yes of course, I never meant to imply that they would simply vanish. My point is merely that they would be less common when they are not allowed.
 
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:sl:
Just as a bit of ground information; a sharia state is one that is a purelu thiestic one. So whilst we may consider that the lack of freedom of religion or speech (as we've covered so far) exists in such a state, we should keep in mind that as a purely thiestic state (Islamic teachings metaphorically ooze out of every teaching and law within a sharia state), the Islamic sharia state has a considerable amount of benefits - many of which would accomodate the people of the west.
 

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