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Tryingtolearn

Sharia law question

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Salam 

1. Is it true that sharia law says kill homosexuals I mean don't we look at homosexuals like they have a disease it's like killing a patient.

2. What are the sharia laws exactly and how does a country get a sharia is it by voting?

3. What are the Shia authentic hadiths?

thank u

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The shari`a does not advocate killing random homosexuals. I think the aspect of the shari`a that you are asking about is hudud / hadd punishments. These are only to be applied in a legitimate Islamic state with Islamic judges (which, I should say some of our scholars have argued can only be applied by the Twelfth Imam). Until an Islamic government is established, it is impermissible to act on any of the penalties (no "vigilante justice" allowed).

The specific law that you are referring to is the law pertaining to public sodomy, i.e. the rectal intercourse of a man with another man in the view of four or more Muslim witnesses. A person cannot be tried for this law if they merely claim that they are attracted to the same sex, or that they committed some lesser same-sex act. But if a man has sex with a man, and if the 4 Muslim witnesses explicitly saw the penetration, then they can take the case to court, who may then rule the death penalty. If there are fewer witnesses than required, the case is thrown out; or if the witnesses did not actually see the penetration (and only saw men naked together, for example), then the case is also thrown out. If the homosexual act happens in private then it cannot be taken to court.

The hudud are concerned mainly with public indecency, meaning, no one is punished for committing fornication, adultery, sodomy, drinking, or drugs in private. The issue is when it spills over to the public sphere, because that goes against the fabric of an Islamic society (which is designed to bring the best out of humans), and is an open encouragement towards animalistic sin. Public lewdness desensitizes people to sin, attracts people to it, and challenges righteous ways of life. Of course, crime can only be dealt with through a legal process in court before a judge in public with the witnesses and defendant present.

As for the immorality of homosexuality, our view is that it is destructive and degenerate. Here is just one angle as to how it is harmful (from a 2012 study):

2G7nIP7.jpg

The statistic that is perhaps most sickening is how a child of a homosexual household is 11.5 times more likely to be sexually abused in childhood, often by their own parents.

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@Qa'im

Just some thoughts.

- I believe the standard is four "mu'min" witnesses, not Muslim. Meaning only Shi'a Muslims' testimony is considered according to our Twelver Shi'a standards. Of course along with adala.

- As for vigilante justice, some fuqaha allow people to use force, perhaps even without the permission of the mujtahid, when doing nahi an al munkar. 

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Guest silasun
14 hours ago, E.L King said:

@Qa'im

Just some thoughts.

- I believe the standard is four "mu'min" witnesses, not Muslim. Meaning only Shi'a Muslims' testimony is considered according to our Twelver Shi'a standards. Of course along with adala.

- As for vigilante justice, some fuqaha allow people to use force, perhaps even without the permission of the mujtahid, when doing nahi an al munkar. 

Nice post bro.

I wanted to post something from the son of the late marja', Sheikh Fazel Lankarani ra. He talks about the hadd for apostasy and states that it is preferable to refer it to a living mujtahid before implementing the punishment.

The Sheikh also says that the evidence for the impermissibility of the hadd in the ghaybah is very weak. There is no clear evidence that any scholar has forbidden the implementation of the hadd during the ghaybah (see the bold part in particular - a quote from al-Jawahir):

They have said that many jurisprudents believe that the presence of the Prophet Õáì Çááå Úáíå æÂáå æÓáã or any Infallible Imam (as) is a condition for carrying out the limits ordained by Allah!!!
According to our point of view, this is not the case the reality being the opposite. Some famous ancestors like Sheikh Mufid[20], Sallar[21], Abu Salah Halabi[22], Ibn Zuhra[23], Ibn Sa'eed[24], Sheikh Tusi clearly in the book of "Mabsut" and with some justifications in the book of "Nihayah"[25], Allama Hilli clearly in (Tahrir)[26] and (al-Qawaaid)[27] and (al-Irshad)[28] and (Tabsirah)[29] and (Mukhtalif)[30], Shahid Awwal in “Durus”[31], Muhaqqiq Thani on margins of "Sharaye'", Shahid Thani in "masalik al-afham" and Fazil Miqdad in "al-Tanqih al-Ra’ie’a'" believe in its legality in the time of occultation. Of course some of Ibn Idris' expressions in "al-sara'ir" are used showing his disagreement. Some jurists like al-Saimari in "ghayat al-maram" and ibn Fahd in "al-muhazzib al-bari’e’a" have also used this disagreement. But the way the late Sayyid Mohammad Baqir Shafati has mentioned in his epistle (iqamat al-hudud fi zaman al-ghaybah)[32], the last sentence of the book "al-sara'ir" show that Ibn Idris was also among those in the favour of the topic like other ancestors. According to him, from the last few lines of the book, one can conclude not only the permissibility of the matter, but also his emphasize on this matter can be understood. Now, the question arises concerning what bases and proofs have they claimed that many jurisprudents think that the presence of the Prophet Õáì Çááå Úáíå æÂáå æÓáã or any Infallible Imam (as) is a condition for the execution of the limits ordained by Allah? Muhaqqiq Hilli in sharaye' and mukhtasar is also among those in favour of the topic not against it. The late Muhaqqiq Khoei (ra) and Muhaqqiq Khwansari – Sayyid Ahmed – (ra) have also mentioned Muhaqqiq Hilli and Ibn Idris saying they have espoused the same opinion regarding the topic.
Therefore, who are the jurists that are believed to think that the presence of the Prophet Õáì Çááå Úáíå æÂáå æÓáã or any Infallible Imam (as) is a condition for the implementation of limits ordained by Allah?
Shaikh M. Hassan al-Najafi (Sahib Jawahir), whose book occupies a central position in contemporary Shi’ah jurisprudence, has written in al-Jawahir:
 

“I have never observed anyone who does not approve this jurisprudential opinion, aside from what has apparently been narrated from Ibn Zuhrah and Ibn Idriss, but we could not approve it, or rather it should be said that what has been approved that they don’t believe in what has been narrated from them.”[33]  

http://fazellankarani.com/english/works/article/5220/

Edited by silasun

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On 2017-6-8 at 6:04 PM, Tryingtolearn said:

Salam 

1. Is it true that sharia law says kill homosexuals I mean don't we look at homosexuals like they have a disease it's like killing a patient.

2. What are the sharia laws exactly and how does a country get a sharia is it by voting?

3. What are the Shia authentic hadiths?

thank u

Homosexuals have the Wrath Of Allah upon them. Killing them is precise according to Allah's laws. The biggest sin is Shirk( worshipling idols), Allah is more willing to destroy a town of Homosexuals rather than a town of people who commit Shirk. Sharia is law based off of Islamic tradition. I recommend reading narrations of Al-Kafi, which is one of the four major Shia Hadith books. 

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