Sharia Law

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Davies you stated that we both agree that honor killings are wrong. Then you asked for my opinion as to why they are condoned.

This is an odd question to me. The reason honor killings are condoned is similar to the reason any other egregious sin is condoned. Do you need my opinion to answer this question?

Unless you think that the reason has something to do with Islamic culture or else you wish to explain to me the "true" reason (i.e. Christian doctrine) I don't understand why you asked this question.

One of the first questions people ask when a terrible crime happens is, 'Why did the person or organization do such a terrible thing?' A person of your understanding of a different culture, I thought, might be able to give us some insight or a different perspective on why honor killings is even practiced.

It seems strange to me a family would put to death another family member, especially when they are so young. You might understand if your enemy was fighting against you, but to put to death a family member even for having an affair, as shameful as that is, seems to cross all levels of human decency. If you don't understand it, I wouldn't be surprised, because I don't understand it outside what I believe God has communicated to me in the Bible.

- Davies
 
The question is complicated. First you would have to define what an honor killing is.

If I find my wife in bed with the neighbor and I kill her is that an honor killing?

Secondly, I don't think that "honor killings" are as widespread as you think. These days there are a lot of websites that try and make it seem as if the practice is common.

Which brings me to the last point which is that there are crazy people everywhere. There are people in the US that will kill you because you wore the wrong color shirt to their "hood".

So really it is not a mystery as to why honor killings are practiced. People are misguided and stupid. What's new?
 
The question is complicated. First you would have to define what an honor killing is.

So really it is not a mystery as to why honor killings are practiced. People are misguided and stupid. What's new?

kidcanman,

I'm satisfied with you have given me, but I must admit the two statements above don't seem to agree with one another. I was hoping to learn more from you, but I appreciate your efforts to explain.

- Davies
 
The reason why "honor killings" occur is similar to the reason why all egregious crimes occur; people are misguided and stupid.

The specific reason why a person would perform an "honor killing" is complicated, but at the end of the day the reason is not strange or foreign.

It would be a waste of time for me to go into the complicated details about why the specific crime of honor killing is committed, because at the end of the day the information I present will not be information that is any more strange, foreign, or insightful than if I were to explain to you the reasons why any egregious crime is committed. You would not learn anything insightful; it would only help to support my point.

The reason why "honor killings" are committed is complicated, but essentially it is the same reason why any egregious crime is committed; some people are misguided and act stupidly.
 
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Your question reveals that you don't understand the nature of "sharia law".

Putting that aside, killing in self defense is condoned in the Quran.

Why do you ask?
 
Your question reveals that you don't understand the nature of "sharia law".

Shari'a is the law of Allah. If Islam is "submission to Allah", then Shari'a is submission to Allah's law.

Putting that aside, killing in self defense is condoned in the Quran.

Can a person/persons honor be defended, besides their life?

Why do you ask?

Because in an earlier post you stated:

When Muslims speak of Sharia they are not speaking of laws that are found in the Quran and Ahadith exclusively. Sharia incorporates the Quran, Ahadith, and the opinions of scholars.

Yet maintain that:

The reason why "honor killings" occur is similar to the reason why all egregious crimes occur; people are misguided and stupid.

So, killing for the purpose of defending honor is an "egregious crime" committed by stupid & misguided Muslims?

Does that mean you are condemning "honor killings" as direct violations of Allah's Law?
 
Sharia is not Allah's law. As I stated and as you quoted me,"Sharia incorporates the Quran, Ahadith, and the opinions of scholars".

Allah's law is found in the Quran exclusively.

Because Ahadith and the opinion of scholars factor into sharia, sharia varies from country to country. Obviously Sunni and Shia scholars disagree as to which Ahadith are authentic. On top of that scholars from the same "sects" will not only disagree on the authenticity of ahadith, but they also disagree on interpretation.

Sharia is not a Quranic term. And sharia also incorporates secular laws that have nothing to do with religion. And of course if it has nothing to do with religion (lets take the speed limit for example) then it obviously cannot be "Allah's" law.

However sharia law is fundamentally Islamic in as much as the basic idea is to attempt to create laws that fall within the directives of Allah and Muhammad.

Can a person/persons honor be defended, besides their life?
No. This is against Quranic teachings, and as I stated sharia incorporates Quranic teaching. So it would be against "Allah's law" and sharia.

However it would not surprise me if some Muslims somewhere might create a law like this because, as I stated, some people are crazy.

Does that mean you are condemning "honor killings" as direct violations of Allah's Law?
Honor killings are against "Allah's Law" and against any logical application of sharia.
 
Sharia is not Allah's law. As I stated and as you quoted me,"Sharia incorporates the Quran, Ahadith, and the opinions of scholars".

Allah's law is found in the Quran exclusively.

I have not asserted the exclusivity of the Qur'an as the foundation of Shari'a rather, that Allah (who revealed the Qur'an, which is the foundation of Islam) is the exclusive author of Shari'a. Secondary sources, such as Ahadith's & scholarly opinion, are exclusively dependent on the Qur'an.

Sharia is not a Quranic term.

Neither is "Trinity" a Biblical term. Yet, both concepts are testified by their respective God inspired texts.

However sharia law is fundamentally Islamic in as much as the basic idea is to attempt to create laws that fall within the directives of Allah and Muhammad.

So, Shari'a = Islam, considering the fact that Islam is exclusively based on the "directives of Allah and Muhammad".


No. This is against Quranic teachings, and as I stated sharia incorporates Quranic teaching. So it would be against "Allah's law" and sharia.

Either Shari'a is exclusively dependent on Allah's law or Allah's law & Shari'a are mutually exclusive.

However it would not surprise me if some Muslims somewhere might create a law like this because, as I stated, some people are crazy.

Honor killings are against "Allah's Law" and against any logical application of sharia.

So, would such a crime (being against Allah's Law) fall under Hudud or Tazir? What does the Qur'an say about subverting the law of Allah?
 
I have not asserted the exclusivity of the Qur'an as the foundation of Shari'a rather, that Allah (who revealed the Qur'an, which is the foundation of Islam) is the exclusive author of Shari'a. Secondary sources, such as Ahadith's & scholarly opinion, are exclusively dependent on the Qur'an.
I know that you asserted that Allah is the author of sharia. That assertion is not true.

Ahadith are not "dependent upon the Quran" at all. They are a collection of writings outside of the Quran, and different groups of Muslims dispute among each other about different groups of Ahadith.

How are Ahadith "exclusively dependent on the Quran"?

Furthermore the opinion of scholars are not "exclusively dependent on the Quran", because their opinions rely heavily on which Ahadith they accept.

You are wrong on all three points: 1. sharia is not "Allah's law". 2. Ahadith are not exclusively dependent on the Quran. 3. scholars do not form their opinions based on the Quran exclusively.
Neither is "Trinity" a Biblical term. Yet, both concepts are testified by their respective God inspired texts.
The Quran does not "testify" about sharia.

If you're sure that it does, then cite for me which verses make this claim.


So, Shari'a = Islam, considering the fact that Islam is exclusively based on the "directives of Allah and Muhammad".
Islam is based upon the absolute directives of Allah. Allah states in the Quran that the actions of Muhammad are a good example.

Sharia is based upon the absolute directives of Allah, an attempt to follow the directives of Muhammad, and the opinion of scholars. The absolute directives of Muhammad are not known and scholars don't agree on what they are.

So sharia does not equal Islam.

Either Shari'a is exclusively dependent on Allah's law or Allah's law & Shari'a are mutually exclusive.
This statement does not make logical sense.

You have asserted that either a legal system must have only godly laws or else the entire system is not godly. In actuality the only part of the legal system that would not be godly, is the part that does not have godly laws.

Sharia is not "Allah's Laws", the two are not entirely the same but they also are not mutually exclusive.

So, would such a crime (being against Allah's Law) fall under Hudud or Tazir? What does the Qur'an say about subverting the law of Allah?
It would obviously be tazir (and I'm not that well versed in sharia), and the fact that you did not know this shows that you are not familiar with tazir, hudud, or sharia law.

...actually I can see how it would be confusing.

It does not matter what label the crime falls under, the fact is that it will be punished. I think that your point is that if it is tazir, and if the family is the one responsible for the murder, then of course the family will let the specific murderer go free.

It's not that easy.

The real question is is the killing of an innocent person due to honor against "Allah's Law"? The answer is yes and therefore the murderer will be punished.

No doubt different judges will label it differently. But again, sharia law varies from place to place.

What the Quran says about subverting the laws of Allah is basically that it could come back to bite you in the hereafter and possibly in this world.
 
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I know that you asserted that Allah is the author of sharia. That assertion is not true.

Ahadith are not "dependent upon the Quran" at all. They are a collection of writings outside of the Quran, and different groups of Muslims dispute among each other about different groups of Ahadith.

How are Ahadith "exclusively dependent on the Quran"?

Furthermore the opinion of scholars are not "exclusively dependent on the Quran", because their opinions rely heavily on which Ahadith they accept.

You are wrong on all three points: 1. sharia is not "Allah's law". 2. Ahadith are not exclusively dependent on the Quran. 3. scholars do not form their opinions based on the Quran exclusively.


Allah revealed the Qur'an to Muhammed. Muhammad, whom Allah revealed the Qur'an, is the subject of the Ahadith's. Islamic scholars rely on Ahadith's, whose subject is Muhammad, whom the Qur'an was revealed to by Allah.

Without Allah, there is no Qur'an. Without the Qur'an, there is no Muhammad. Without Muhammad, there are no Ahadith's. Without Ahadith's, there are no Islamic scholars.

Again, the exclusivity lies with the Qur'an being revealed to Muhammed. Had Allah not revealed the Qur'an to Muhammad, there would be no Islam.


The Quran does not "testify" about sharia.

If you're sure that it does, then cite for me which verses make this claim.

You said so yourself that Shari'a is based, in part, on the Qur'an. That's what I meant by "testify" but, since you asked:

5:38. As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power.

24:13. Why did they not bring four witnesses to prove it? When they have not brought the witnesses, such men, in the sight of Allah, (stand forth) themselves as liars!

45:18. Then We put thee on the (right) Way of Religion: so follow thou that (Way), and follow not the desires of those who know not.

42:21. What! have they partners (in godhead), who have established for them some religion without the permission of Allah. Had it not been for the Decree of Judgment, the matter would have been decided between them (at once). But verily the Wrong- doers will have a grievous Penalty.




Islam is based upon the absolute directives of Allah. Allah states in the Quran that the actions of Muhammad are a good example.

Sharia is based upon the absolute directives of Allah, an attempt to follow the directives of Muhammad, and the opinion of scholars. The absolute directives of Muhammad are not known and scholars don't agree on what they are.

So sharia does not equal Islam.

You said so yourself that Shari'a is "fundamentally" Islamic. Just because Muslims cannot identify directives of Muhammad does not negate the fact that submission to Allah requires submission to Allah's Law.

Without Shari'a, there is no Islam

This statement does not make logical sense.

If Shari'a law is not exclusively dependent on Allah's law, then the two are mutually exclusive.

You have asserted that either a legal system must have only godly laws or else the entire system is not godly. In actuality the only part of the legal system that would not be godly, is the part that does not have godly laws.

No, I am asserting that the entire legal system is based on godly law, considering that the legality of any "not godly" law is dependent on the godly one, lest there be contradiction.



It would obviously be tazir (and I'm not that well versed in sharia), and the fact that you did not know this shows that you are not familiar with tazir, hudud, or sharia law.

...actually I can see how it would be confusing.

It does not matter what label the crime falls under, the fact is that it will be punished. I think that your point is that if it is tazir, and if the family is the one responsible for the murder, then of course the family will let the specific murderer go free.

It's not that easy.

The real question is is the killing of an innocent person due to honor against "Allah's Law"? The answer is yes and therefore the murderer will be punished.

No doubt different judges will label it differently. But again, sharia law varies from place to place.

What the Quran says about subverting the laws of Allah is basically that it could come back to bite you in the hereafter and possibly in this world.

Please cite the last time a Muslim family was prosecuted under Tazir for honor killing. Unless, because in your words honor killings are so rare, that they actually fall under Hudud.
 
Allah revealed the Qur'an to Muhammed. Muhammad, whom Allah revealed the Qur'an, is the subject of the Ahadith's. Islamic scholars rely on Ahadith's, whose subject is Muhammad, whom the Qur'an was revealed to by Allah.

Without Allah, there is no Qur'an. Without the Qur'an, there is no Muhammad. Without Muhammad, there are no Ahadith's. Without Ahadith's, there are no Islamic scholars.

Again, the exclusivity lies with the Qur'an being revealed to Muhammed. Had Allah not revealed the Qur'an to Muhammad, there would be no Islam.
You have basically stated that if the prophet did not receive revelation, then there would be no ahadith.

That is a statement regarding the existence of ahadith.

Explain to me how stories about the prophet that are disputed, have any dependence, in terms of their content, with what is in the Quran.

Because as a matter of fact there are some ahadith that contradict the Quran.

You said so yourself that Shari'a is based, in part, on the Qur'an. That's what I meant by "testify" but, since you asked:

5:38. As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power.

24:13. Why did they not bring four witnesses to prove it? When they have not brought the witnesses, such men, in the sight of Allah, (stand forth) themselves as liars!
You stated that the concept of sharia is testified by the quran. And now you have changed your statement and said that what you meant by "the concept is testified" is that sharia is "based in part" on the Quran.

So you went from the quran testifies, to I did not mean it testifies I meant sharia is based in part. And now you have provided parts of the quran that are incorporated into sharia.

You still need to show me where the concept of sharia is testified in the quran or else admit that it is not.

You said so yourself that Shari'a is "fundamentally" Islamic. Just because Muslims cannot identify directives of Muhammad does not negate the fact that submission to Allah requires submission to Allah's Law.

Without Islam, there is no Shari'a.
I did not just say that sharia is fundamentally Islamic, I stated that sharia is fundamentally Islamic, "in as much as..."; I qualified the statement.

Sharia did come about as a result of the quran. But the quran does not require or "condone" sharia.

No, I am asserting that the entire legal system is based on godly law, considering that the legality of any "not godly" law is dependent on the godly one, lest there be contradiction.
right and I'm telling you that there are some laws according to sharia that may not be godly and may in fact be ungodly or against one of god's laws.

That still does not mean that the entire system is mutually exclusive with god's laws.





Please cite the last time a Muslim family was prosecuted under Tazir for honor killing. Unless, because in your words honor killings are so rare, that they actually fall under Hudud.
I did not state that honor killings are so rare, that they actually fall under Hudud.
What difference does it make if a person was prosecuted tazir, or hudud?
 
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@ kidcanman

So, what you are saying is that Shari'a law is a combination of directives from Allah & man made interpretations of conflicting content based on contradictions of both primary & secondary sources, wholly dependent on human beings (not Allah) for their accuracy & legitimacy, fundamental to submission to Allah yet, simultaneously mutually exclusive of submission to Allah depending on which interpretation & which source?
 
@ kidcanman

Or, are you saying that when it comes to government (law) the question isn't, what does the Qur'an & Hadith say but, How do they apply?
 
@ kidcanman

So, what you are saying is that Shari'a law is a combination of directives from Allah & man made interpretations of conflicting content based on contradictions of both primary & secondary sources, wholly dependent on human beings (not Allah) for their accuracy & legitimacy, fundamental to submission to Allah yet, simultaneously mutually exclusive of submission to Allah depending on which interpretation & which source?

This is hyperbole.
 
You have basically stated that if the prophet did not receive revelation, then there would be no ahadith.

That is a statement regarding the existence of ahadith.

Explain to me how stories about the prophet that are disputed, have any dependence, in terms of their content, with what is in the Quran.

Because Hadith supplements the Qur'an, such as whichever Hadith(s) you ascribe to. Another "fundamental" of Islam



You stated that the concept of sharia is testified by the quran. And now you have changed your statement and said that what you meant by "the concept is testified" is that sharia is "based in part" on the Quran.

So you went from the quran testifies, to I did not mean it testifies I meant sharia is based in part. And now you have provided parts of the quran that are incorporated into sharia.

Did you not understand my Trinity analogy? The existence of the Qur'an & Hadith "testify" to the necessity of Shari'a. Again, fundamental Islam.

You still need to show me where the concept of sharia is testified in the quran or else admit that it is not.

As a Muslim, I'm sure you are fluent in Arabic (the language of Allah). So, to ensure accuracy, please translate this verse from Sura 45:

ثُمَّ جَعَلْنَاكَ عَلَىٰ شَرِيعَةٍ مِنَ الْأَمْرِ فَاتَّبِعْهَا وَلَا تَتَّبِعْ أَهْوَاءَ الَّذِينَ لَا يَعْلَمُونَ

Especially these characters: نَاكَ



Sharia did come about as a result of the quran. But the quran does not require or "condone" sharia.

right and I'm telling you that there are some laws according to sharia that may not be godly and may in fact be ungodly or against one of god's laws.

That still does not mean that the entire system is mutually exclusive with god's laws.

Shari'a came as a result of the connection between law and religion established by Mohammed and adopted by his followers throughout the later centuries. Characteristically, all expositions of Muslim law begin with the ‘religious duties’ or ‘acts of worship’, such as ablution, prayer, and pilgrimage. law is thought of, not as a product of human intelligence and adaptation to changing social needs and ideals, but of immutable divine inspiration. For Muslims, proof-texts are found in the Qur'an and Hadiths; and on this assumption, the jurists and theologians of the second century (and subsequent centuries) elaborated a structure of law.

Fiqh (Islamic jurisprudence) is a large area of study, especially for Muslims trying to determine a laws "godliness".

As a Muslim, why didn't you simply point all of this out the first time?



I did not state that honor killings are so rare, that they actually fall under Hudud.
What difference does it make if a person was prosecuted tazir, or hudud?

You've claimed that honor killings are a violation of EDIT: religious law (the murder of an innocent person). If they are violations, then surely there are instances of the offending party (the family member/members) being prosecuted. Please cite an example of a Muslim being prosecuted for such a crime (honor killing) under Islamic law.
 
Because Hadith supplements the Qur'an, such as whichever Hadith(s) you ascribe to. Another "fundamental" of Islam

Some scholars use ahadith in order to put Quranic verses into historical context which they believe helps them to better understand the Quran.

The reason why ahadith are not dependent on the Quran is because there are thousands of ahadith that have no connection to the Quran whatsoever. They are not used to put the Quran in context, and the Quran is not used to put them in context.

They are simply probable stories of what happened in the prophet's life. These stories are not "dependent" upon the Quran (or "Allah's Laws), and many of these ahadith are used in the formation of sharia.

Did you not understand my Trinity analogy? The existence of the Qur'an & Hadith "testify" to the necessity of Shari'a. Again, fundamental Islam.
The existence of the Quran and ahadith does not necessitate sharia. It is possible to leave out ahadith and simply follow the Quran.

You say that sharia is fundamentally Islamic, I assume, because millions of Muslims believe it should be implemented. The problem with your statement is not that you see it as fundamentally Islamic, the problem is that your definition of sharia is not correct.

You define sharia as Islam's "divine law".

But the fact of the matter is that there are many parts of sharia that have nothing to do with divinity.

In addition, scholars of fiqh will readily admit that their opinions, which are incorporated into sharia, cannot be taken to be inspired or "divine".

And so even though a correct way ("divine way"), or sharia, is mentioned in the Quran (as I just recently found out), the fact is that the only laws that Muslims have now that are unequivocally considered divine, are those contained in the Quran.

What is fundamentally Islamic is the knowledge that sharia is not exclusively "Allah's Law". Why do you think that the Muslim Brotherhood mentioned "basic" sharia (by the way I have not confirmed that they said this)? The Muslim Brotherhood is not willing to leave out what Allah commanded. Their statement is a tacit admission that sharia incorporates things that Allah did not command as well.

As a Muslim, I'm sure you are fluent in Arabic (the language of Allah). So, to ensure accuracy, please translate this verse from Sura 45:

ثُمَّ جَعَلْنَاكَ عَلَىٰ شَرِيعَةٍ مِنَ الْأَمْرِ فَاتَّبِعْهَا وَلَا تَتَّبِعْ أَهْوَاءَ الَّذِينَ لَا يَعْلَمُونَ

Especially these characters: نَاكَ
Indeed I am a Muslim, no most Muslims are not fluent in Arabic, and yes my fluency in Arabic is superior to yours.

Surah 45 verse 18.


The verse is directed to the Prophet. It basically says that Allah put him on the right path (or way of life) and that he should follow that way and not to follow the desires of people who don't know.

I'm pretty sure the word نَاكَ (naka) means "to screw" or "connect" when not in context. In context it reads: I (Allah) put you on the correct way or connected you to the correct way.

In any event نَاكَ is not the word that is significant in this verse. The word that is significant is شَرِيعَ (sharia) which is located two words down from naka. In this context a lay translation of sharia would be, "the correct way". As in: Then I (Allah) put you on the correct way of life (that's basically how the first part of the verse reads).

I did not know that the word "sharia" was in the Quran.

You were right about this Drummer4Christ (even though you did not know you were right). There is what can be viewed as a concept of sharia in the Quran.

But it is sill a fact that the laws that are incorporated into the sharia of nations are not entirely "Allah's laws". There are secular laws and scholarly laws incorporated as well.





Shari'a came as a result of the connection between law and religion established by Mohammed and adopted by his followers throughout the later centuries. Characteristically, all expositions of Muslim law begin with the ‘religious duties’ or ‘acts of worship’, such as ablution, prayer, and pilgrimage. law is thought of, not as a product of human intelligence and adaptation to changing social needs and ideals, but of immutable divine inspiration. For Muslims, proof-texts are found in the Qur'an and Hadiths; and on this assumption, the jurists and theologians of the second century (and subsequent centuries) elaborated a structure of law.

Fiqh (Islamic jurisprudence) is a large area of study, especially for Muslims trying to determine a laws "godliness".

As a Muslim, why didn't you simply point all of this out the first time?
This is exactly what I pointed out: Sharia incorporates the Quran, ahadith, and the opinions of local scholars. And the laws are not all religious laws. Sharia is fundamentally Islamic in as much as the basic idea is to attempt to create laws that fall within the directives of Allah and Muhammad.

You've claimed that honor killings are a violation of law (the murder of an innocent person). If they are violations, then surely there are instances of the offending party (the family member/members) being prosecuted. Please cite an example of a Muslim being prosecuted for such a crime (honor killing) under Islamic law.
So you agree with me that it does not matter if the crime is prosecuted hudud or tazir as long as it is prosecuted.

I'm not going to look for examples for you. If you think that honor killings are condoned by Islam or Islamic laws then you bring your proof.

I'm not going to spend my time searching for sharia court cases. And in fact when it comes to an "honor killing", a sharia court would not even describe it as such. As far as I know "honor killing" is a western term. A sharia court would probably just label it murder.

It is the practice of non-Muslim propaganda websites to find instances were crazy people murdered their own relatives and then falsely label the instance as an "honor killing". People murder their own relatives every day in western nations but of course nobody calls those "honor killings".

In any event as far as I know sharia cases are not posted on the internet so I won't have any examples for you.
 
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Some scholars use ahadith in order to put Quranic verses into historical context which they believe helps them to better understand the Quran.

The reason why ahadith are not dependent on the Quran is because there are thousands of ahadith that have no connection to the Quran whatsoever. They are not used to put the Quran in context, and the Quran is not used to put them in context.

They are simply probable stories of what happened in the prophet's life. These stories are not "dependent" upon the Quran (or "Allah's Laws), and many of these ahadith are used in the formation of sharia.

Again, as a Muslim it would have been simpler to say that your sect dies not accept the Hadiths of another sect(s). Regardless of whether you believe in the legitimacy of one set of Hadith over another does not negate the fact that Hadiths are immutably tied to the Qur'an.

The existence of the Quran and ahadith does not necessitate sharia. It is possible to leave out ahadith and simply follow the Quran.

Did I not already make this point? The Qur'an is the backbone of Islamic law, regardless of whatever secular law and/or Hadiths may be incorporated.

You say that sharia is fundamentally Islamic, I assume, because millions of Muslims believe it should be implemented. The problem with your statement is not that you see it as fundamentally Islamic, the problem is that your definition of sharia is not correct.

Shari'a is a set of religious & moral codes as a guideline for a Muslims everyday life.

You define sharia as Islam's "divine law".

But the fact of the matter is that there are many parts of sharia that have nothing to do with divinity.

In addition, scholars of fiqh will readily admit that their opinions, which are incorporated into sharia, cannot be taken to be inspired or "divine".

And so even though a correct way ("divine way"), or sharia, is mentioned in the Quran (as I just recently found out), the fact is that the only laws that Muslims have now that are unequivocally considered divine, are those contained in the Quran.

Again, have I not made this point already? I have maintained from the beginning that Shari'a is predicated on immutable texts. At no point has Shari'a ever not included the Qur'an, in spite of secular law.

What is fundamentally Islamic is the knowledge that sharia is not exclusively "Allah's Law".

The Muslim Brotherhood is not willing to leave out what Allah commanded. Their statement is a tacit admission that sharia incorporates things that Allah did not command as well.

What did Allah command?

Then I (Allah) put you on the correct way ( شَرِيعَ Shari'a) of life.
Even though Shari'a law may incorporate things not specifically addressed by either Allah or Muhammad does not negate the fact the these immutable texts are the foundation of Shari'a.


But it is sill a fact that the laws that are incorporated into the sharia of nations are not entirely "Allah's laws". There are secular laws and scholarly laws incorporated as well.

Shari'a encompasses:

1. Actions obligatory on Believers.
2. Desirable or recommended (but not obligatory) actions.
3. Indifferent actions.
4. Objectionable, but not forbidden, actions.
5. Prohibited actions.

Are you implying that when it comes obligatory actions, secular and or scholarly laws supersede Allah's law? Or does this answer my question:

Sharia incorporates the Quran, ahadith, and the opinions of local scholars. And the laws are not all religious laws. Sharia is fundamentally Islamic in as much as the basic idea is to attempt to create laws that fall within the directives of Allah and Muhammad.

What was one of Allah's "directives"?

The right way (Shari'a)

So you agree with me that it does not matter if the crime is prosecuted hudud or tazir as long as it is prosecuted.

I'm not going to look for examples for you. If you think that honor killings are condoned by Islam or Islamic laws then you bring your proof.

I'm not going to spend my time searching for sharia court cases. And in fact when it comes to an "honor killing", a sharia court would not even describe it as such. As far as I know "honor killing" is a western term. A sharia court would probably just label it murder.

Although "honor killing" may be a western term, it's concept is not new, nor unpropagated by Arabs and/or Islam:

"A complicated issue that cuts deep into the history of Arab society. .. What the men of the family, clan, or tribe seek control of in a patrilineal society is reproductive power. Women for the tribe were considered a factory for making men. The honour killing is not a means to control sexual power or behavior. What's behind it is the issue of fertility, or reproductive power."

-Sharif Kanaana, professor of anthropology at Birzeit University

Even if such killings are only the result of pre-Islamic Arab tradition that had been incorporated into Shari'a, other than in nations not governed by Shari'a has honor killing been prosecuted as murder, or any other crime for that matter. On the contrary, only the alleged crime(s) of the "murder" victim are prosecuted.
 
Here is a court case in Iran regarding Mohammadi Ashtiani. The authorities have to study whether it's illegal and religiously possible to change the sentence from stoning to hanging. She was convicted of having an illicit affair, adultery. This is my question, they must use sharia and the Quran to figure out what they need to do, what is the balance? Do they mostly use the code found in their version of sharia, and if so, when do they revert to the Quran?

I thought this was interesting:

At her trial Mohammadi Ashtiani was also given a 10-year prison term for the murder of her husband, which her lawyer said was subsequently reduced to five years for "complicity" in the crime, according to Amnesty International. Many activists believe her convictions were based on confessions made under duress.

Ashtiani was given a ten year prison sentence and was later reduced to five years for, for what?, complicity to murdering her husband. How does one go from five years in prison for complicity to murder, to death by hanging or stoning for adultery? Is adultery considered worse in their culture? Simply incredible.

http://www.guardian.co.uk/world/2011/dec/26/sakineh-mohammadi-ashtiani-hang-iran

- Davies