What's wrong with Sharia?

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Nayef_shroof

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#101 Nayef_shroof
Member since 2011 • 709 Posts

[QUOTE="Nayef_shroof"][QUOTE="LJS9502_basic"] I don't believe in the death penalty....I don't believe in mutilation as punishment. There is no reason for a man to hit his wife. While some choices people make have not so good consequences....a choice is an important aspect of development.LJS9502_basic

There is a difference between making a bad choice and deciding to commit a terrible crime.

Teenage pregnancy and premarital sex are not crimes.

They dont lead to death or mutilation, just a whipping...
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LJS9502_basic

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#102 LJS9502_basic
Member since 2003 • 178881 Posts
[QUOTE="LJS9502_basic"]

[QUOTE="Nayef_shroof"] There is a difference between making a bad choice and deciding to commit a terrible crime. Nayef_shroof

Teenage pregnancy and premarital sex are not crimes.

They dont lead to death or mutilation, just a whipping...

Whipping is mutilation.
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luamhtrad

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#103 luamhtrad
Member since 2003 • 1997 Posts

what did you hear about sharia that is so crazy?mayceV

You can't eat bacon? And... I'm out.

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Nayef_shroof

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#104 Nayef_shroof
Member since 2011 • 709 Posts

[QUOTE="Nayef_shroof"][QUOTE="LJS9502_basic"]Teenage pregnancy and premarital sex are not crimes.

LJS9502_basic

They dont lead to death or mutilation, just a whipping...

Whipping is mutilation.

Barely, when compared to the punishment of stealing something of high value.

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LJS9502_basic

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#105 LJS9502_basic
Member since 2003 • 178881 Posts

[QUOTE="LJS9502_basic"][QUOTE="Nayef_shroof"] They dont lead to death or mutilation, just a whipping...Nayef_shroof

Whipping is mutilation.

Barely, when compared to the punishment of stealing something of high value.

Actually making the individual pay/work off the cost would be more beneficial to the victim. Barely? Then you agree it is mutilation.
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foxhound_fox

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#106 foxhound_fox
Member since 2005 • 98532 Posts
What was? The Hadith? I suppose, but whats your point? There are Hadiths that are inarguable, while some have created controversy among the scholars debating certain pointsNayef_shroof
My point is that they are only attributed to Muhammad, and aren't necessarily something he recited. They were also created after his death, which makes me even more suspect to their authenticity. The Qur'an was given to Muhammad to recite to the people. If these Hadith were equally as important as the laws laid down in the Qur'an, then why were they not originally recited by Muhammad alongside the Surahs? Remember, I am a non-Muslim looking in on Muslim history and the development of the religion. Having any kind of exposure to a critical method of historical accuracy and authenticity, would lead anyone to the same conclusion. And what of the two sides arguing between literal and metaphorical interpretation of Qur'anic law? If the Qur'an is prefect, then how could anyone even begin to think of it as non-literal? My problem with Islam is the community's aversion to scholarly criticism.
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Riverwolf007

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#107 Riverwolf007
Member since 2005 • 26023 Posts

[QUOTE="Riverwolf007"]

lol, where do you want to start?

1: death sentence for ridiculing the big mo?

2: lopping off body parts?

3: beating your wife?

4: death sentence for apostates?

5: jihad?

6: whipping/stoning unmarried fornicators?

7: executing homosexuals?

8: crucifixion?

yeah, lets bring all that back.

pfft, what's wrong with sharia? you gotta be kidding me.

Nayef_shroof

2: You only get "your body parts lopped off" when you commit crimes of significance, such as stealing something of high value (Result being your hand cut off), or if you murder/rape someone (Punishment being, if proven overwhelmingly guilty, death)

3: Its against sharia law to abuse your wife. It is said that if she exact high handedness upon the husband and he decides to hit her, he cannot cause any bruises, bleeding, are injuries to sensitive areas of the body. It is also one of the largest sins to commit in sharia

4: That is not allowed...In older times (Centuries ago), apostasy was considered a form of treason, and treason was punishable by death, not apostasy.

5: Jihad means the inner struggle, so I dont understand what your talking about...

6: There is no stoning, just whipping

7: Homosexuals are punished when they display blatant acts of homosexuality in public, meaning that homosexuals can be homosexuals in private and face the consequences in the after-life. The punishment is appointed for the judge to decide.

8: lolwut?

you are just hiding your answers and the truth about sharia in taqiyya.

8.lolwut q5:33.

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mindstorm

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#108 mindstorm
Member since 2003 • 15255 Posts
To give a very basic answer, I'm in favor of the separation of church and state. As such, I am also in favor of the separation of any religious institution and state.
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SaudiFury

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#109 SaudiFury
Member since 2007 • 8709 Posts

[QUOTE="Nayef_shroof"]

[QUOTE="Riverwolf007"]

lol, where do you want to start?

1: death sentence for ridiculing the big mo?

2: lopping off body parts?

3: beating your wife?

4: death sentence for apostates?

5: jihad?

6: whipping/stoning unmarried fornicators?

7: executing homosexuals?

8: crucifixion?

yeah, lets bring all that back.

pfft, what's wrong with sharia? you gotta be kidding me.

Riverwolf007

2: You only get "your body parts lopped off" when you commit crimes of significance, such as stealing something of high value (Result being your hand cut off), or if you murder/rape someone (Punishment being, if proven overwhelmingly guilty, death)

3: Its against sharia law to abuse your wife. It is said that if she exact high handedness upon the husband and he decides to hit her, he cannot cause any bruises, bleeding, are injuries to sensitive areas of the body. It is also one of the largest sins to commit in sharia

4: That is not allowed...In older times (Centuries ago), apostasy was considered a form of treason, and treason was punishable by death, not apostasy.

5: Jihad means the inner struggle, so I dont understand what your talking about...

6: There is no stoning, just whipping

7: Homosexuals are punished when they display blatant acts of homosexuality in public, meaning that homosexuals can be homosexuals in private and face the consequences in the after-life. The punishment is appointed for the judge to decide.

8: lolwut?

you are just hiding your answers and the truth about sharia in taqiyya.

8.lolwut q5:33.

Taqiya huh.... so were at war? are we a married couple? or are we trying to settle a dispute? For the record i'm not a big fan of Sharia law on the state level at all. and i am Muslim. and for many of the same reasons that Foxhound_Fox has been saying.
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tocool340

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#110 tocool340
Member since 2004 • 21653 Posts

Barbaric punishment for petty crimes... No liquor or bacon... Oppression of women through strict dress codes. Limited freedom of speech. I mean what isn't wrong with it?

joesh89
Eh? Something along these lines is my reply to this thread...
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theone86

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#111 theone86
Member since 2003 • 22669 Posts

To give a very basic answer, I'm in favor of the separation of church and state. As such, I am also in favor of the separation of any religious institution and state.mindstorm

I completely agree, in fact I think I am a bigger secularist than you, but I think the Western perception of Sharia is flawed at best. I'm not defending the theocracies, but to many Muslims Sharia doesn't mean a theocracy any more than, what's that Jewish set of laws, is it Hacidic Law? Anyways, any more than that law means there must be a theocracy to Orthodox Jews. I still find Sharia to be ridiculous, just like I find most religiously-based codes of laws to be ridiculous, but I'm just saying that Sharia does have its equivalents in the other Abrahamic religions and it isn't necessarily the same thing as wanting a theocracy.

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Frame_Dragger

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#112 Frame_Dragger
Member since 2009 • 9581 Posts
[QUOTE="Nayef_shroof"]

[QUOTE="Riverwolf007"]

lol, where do you want to start?

1: death sentence for ridiculing the big mo?

2: lopping off body parts?

3: beating your wife?

4: death sentence for apostates?

5: jihad?

6: whipping/stoning unmarried fornicators?

7: executing homosexuals?

8: crucifixion?

yeah, lets bring all that back.

pfft, what's wrong with sharia? you gotta be kidding me.

2: You only get "your body parts lopped off" when you commit crimes of significance, such as stealing something of high value (Result being your hand cut off), or if you murder/rape someone (Punishment being, if proven overwhelmingly guilty, death)

3: Its against sharia law to abuse your wife. It is said that if she exact high handedness upon the husband and he decides to hit her, he cannot cause any bruises, bleeding, are injuries to sensitive areas of the body. It is also one of the largest sins to commit in sharia

4: That is not allowed...In older times (Centuries ago), apostasy was considered a form of treason, and treason was punishable by death, not apostasy.

5: Jihad means the inner struggle, so I dont understand what your talking about...

6: There is no stoning, just whipping

7: Homosexuals are punished when they display blatant acts of homosexuality in public, meaning that homosexuals can be homosexuals in private and face the consequences in the after-life. The punishment is appointed for the judge to decide.

8: lolwut?

There is lex talionis... that means anything is possible. I would prefer not to reserort to a legal principle outlined in The Code of Hammurabi. I'm a bigger fan of Lex Misericordiae in principle, and as I've said earlier I have no interest in being ruled as Dhimmi. Granted, it beats being Kafir at spearpoint, but you get the idea...
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mayceV

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#113 mayceV
Member since 2008 • 4633 Posts
[QUOTE="Nayef_shroof"][QUOTE="foxhound_fox"][QUOTE="Nayef_shroof"] The Hadith isnt tied in with the Quran in the fact that, while the Quran explains the religious duties and beliefs of a Muslim and the religious background, the Hadith explain the life example or models that Muslims should follow in everyday life

And it was created after Muhammad's death wasn't it?

What was? The Hadith? I suppose, but whats your point? There are Hadiths that are inarguable, while some have created controversy among the scholars debating certain points

actually no, it was created by him hadith is literally speech. there are two kinds hadith for allah which was recorded durring his life and ryhmed hadith from the prophet never ryhmed and these were all amassed after his death huge legnths were gone to ensure which ones were rel. with reliable sources only being put in. over 3000 hadith were confirmed by 750CE. Hadith today are being looked over to ensure they were the real thing. That's what's consing contreversy. Also you have Shiites who write they're own hadith and claim its true however they usually use rhyming words for some reason so usually they are proved wrong. ( also usually Shiite hadith are correct in a sense that they don't go against the Quran but claiming that they are anything genuinely holy is untrue. most Hadith more or less have been confirmed to be unchaged since the time of the Prophet. As for the Quran. Also i can't recall specifically who but it was either uthman or omar bin al khattab that order the destruction of any Quran that wasn't in the exact dialect of the Prophet which was thee kuraish clan. This endeavor succeeded as the oldest Quran ( uncovered in Yemen is only 100 years younger than the time of the prophet ( 715CE-ish) and that has confirmed that the Quran has never been altered since it was the same book word for word.
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mayceV

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#114 mayceV
Member since 2008 • 4633 Posts

[QUOTE="Nayef_shroof"][QUOTE="LJS9502_basic"]Teenage pregnancy and premarital sex are not crimes.

LJS9502_basic

They dont lead to death or mutilation, just a whipping...

Whipping is mutilation.

actually the whipper's elbow isn't supposed to leave his side while whipping. Meaning it isn't a punishment to hurt the person, rather to embaress him/her in public. Not to mutilate them. That is considered illeagal under sharia. So no it isn't mutilation its a public embaressment. Why? because virgins aren't allowed to marry fornicators. Fornicators are only allowed to marry other fornicators.

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Frame_Dragger

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#115 Frame_Dragger
Member since 2009 • 9581 Posts

Maybe a better question is: What's wrong with living under whatever system you like, and keeping it to yourself? You wasnt lex talionis? OK. You want a number of guides to life and prohibitions? Fantastic, enjoy. The moment you want to impose that on me however, we have a problem.

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Frame_Dragger

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#116 Frame_Dragger
Member since 2009 • 9581 Posts

[QUOTE="LJS9502_basic"][QUOTE="Nayef_shroof"] They dont lead to death or mutilation, just a whipping...mayceV

Whipping is mutilation.

actually the whipper's elbow isn't supposed to leave his side while whipping. Meaning it isn't a punishment to hurt the person, rather to embaress him/her in public. Not to mutilate them. That is considered illeagal under sharia. So no it isn't mutilation its a public embaressment. Why? because virgins aren't allowed to marry fornicators. Fornicators are only allowed to marry other fornicators.

Right... so public shaming through violence is much better. Again, some people believe in something other than shame and violence as a tool to induce reform in people. If you look at the prison system in the USA, we could do SOOOO much better, in large part because we've changed from a goal of reforming criminals and aiding the mentlaly ill, to just punishing everyone.

Sharia, and any religious law of that age or earlier never even HEARD of those concepts... so no... no thank you. No lex talionis, no public shaming, no control over every aspect of how people conduct their private lives to please one group's beliefs. Still, most of that is an issue with the desire to impose Sharia, not Sharia itself. What is wrong with Sharia above all is what I keep saying: lex talionis.
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mayceV

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#117 mayceV
Member since 2008 • 4633 Posts

[QUOTE="LJS9502_basic"][QUOTE="Nayef_shroof"] They dont lead to death or mutilation, just a whipping...Nayef_shroof

Whipping is mutilation.

Barely, when compared to the punishment of stealing something of high value.

and also the Hudud punishment can't be based on circustancial evidence meaning you must have 2 witnesses to cut his/her hand off. Durring the Islamic empire there has only been on instance that a hand was cut off. The hudud punishment is almost impossible to actually happen people. If there isn't direct witnesses then you can't do any hudud punishment Adultery crimes require 4 witnesses making it near impossible to convict. That makes it go down to a sstate level with a state punishment. not lopping hands off. it never happens ( atleast under ideal sharia government again don't look at Saudia)
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mayceV

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#118 mayceV
Member since 2008 • 4633 Posts
[QUOTE="mayceV"]

[QUOTE="LJS9502_basic"]Whipping is mutilation.Frame_Dragger

actually the whipper's elbow isn't supposed to leave his side while whipping. Meaning it isn't a punishment to hurt the person, rather to embaress him/her in public. Not to mutilate them. That is considered illeagal under sharia. So no it isn't mutilation its a public embaressment. Why? because virgins aren't allowed to marry fornicators. Fornicators are only allowed to marry other fornicators.

Right... so public shaming through violence is much better. Again, some people believe in something other than shame and violence as a tool to induce reform in people. If you look at the prison system in the USA, we could do SOOOO much better, in large part because we've changed from a goal of reforming criminals and aiding the mentlaly ill, to just punishing everyone.

Sharia, and any religious law of that age or earlier never even HEARD of those concepts... so no... no thank you. No lex talionis, no public shaming, no control over every aspect of how people conduct their private lives to please one group's beliefs. Still, most of that is an issue with the desire to impose Sharia, not Sharia itself. What is wrong with Sharia above all is what I keep saying: lex talionis.

also it requires 4 witnesses meaning its almost impossible to acctually convict a whipping. Then it goes down to a state level which is exactly like the system that modern coutries used.come on people I've typed this many times please read it. same thing with hand chopping and any crime in the Quran you can' lop hands off based on forensics meaning it almost impossible to have hudud punishment thats what tazir is for its the state level court where circumstancial evidence is allowed.
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mayceV

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#119 mayceV
Member since 2008 • 4633 Posts

Maybe a better question is: What's wrong with living under whatever system you like, and keeping it to yourself? You wasnt lex talionis? OK. You want a number of guides to life and prohibitions? Fantastic, enjoy. The moment you want to impose that on me however, we have a problem.

Frame_Dragger
I'm not trying to impose it on you but there is a lot of misconceptions about the topic. Sharia law isn't coming to the west but people are freaking out about the arab spring and really they shouldn't be.
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SaudiFury

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#120 SaudiFury
Member since 2007 • 8709 Posts
[QUOTE="mayceV"][QUOTE="Nayef_shroof"][QUOTE="foxhound_fox"] And it was created after Muhammad's death wasn't it?

What was? The Hadith? I suppose, but whats your point? There are Hadiths that are inarguable, while some have created controversy among the scholars debating certain points

actually no, it was created by him hadith is literally speech. there are two kinds hadith for allah which was recorded durring his life and ryhmed hadith from the prophet never ryhmed and these were all amassed after his death huge legnths were gone to ensure which ones were rel. with reliable sources only being put in. over 3000 hadith were confirmed by 750CE. Hadith today are being looked over to ensure they were the real thing. That's what's consing contreversy. Also you have Shiites who write they're own hadith and claim its true however they usually use rhyming words for some reason so usually they are proved wrong. ( also usually Shiite hadith are correct in a sense that they don't go against the Quran but claiming that they are anything genuinely holy is untrue. most Hadith more or less have been confirmed to be unchaged since the time of the Prophet. As for the Quran. Also i can't recall specifically who but it was either uthman or omar bin al khattab that order the destruction of any Quran that wasn't in the exact dialect of the Prophet which was thee kuraish clan. This endeavor succeeded as the oldest Quran ( uncovered in Yemen is only 100 years younger than the time of the prophet ( 715CE-ish) and that has confirmed that the Quran has never been altered since it was the same book word for word.

If i remember correctly it was Uthman who collected and assembled the Quran. The third Caliph. Hadith's were collected and proofed around 100-200 years after the death of the Prophet. hence the skepticism as to if the Prophet really said those things or not. and people do cherry pick. plus Shariah law was formulated, as well as many other doctrines after the Prophet was gone, in order to live like the Prophet did 1400 years ago. Who dictates what is whatever clerical body has prominence at that time. At some points they were liberal, at others they were not (like currently going on in the Middle East, thanks in large part of Saudi Salafi thinking). The problem for me man, is when the source and time of the hadiths come in to question, Shariah law comes into question as well. Shariah law requires Hadith to even become a system of law. Quran alone can't form a system of law for a society, at best the Quran can give a person, personal guidance in life. At least that's how i see it. I tend to see Prophet Muhammed, like i see many other Prophets. Generally more progressive then the people they were opposing. but of the three main Abrahamic religions, Islam has maintained that living like we were 1,400 years ago is best. and frankly, i think for the most part it stunts us. I am most certainly not saying everything the West is doing is good or great, I don't believe that all the things the West believes in are universal. empires be they physical or ideological tend to think that they're values are universal and everyone else is doing it wrong. The only strong benefit the West lives by is that it can reinvent itself, and and there is a certain strength in that.
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Frame_Dragger

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#121 Frame_Dragger
Member since 2009 • 9581 Posts

[QUOTE="Frame_Dragger"][QUOTE="mayceV"] actually the whipper's elbow isn't supposed to leave his side while whipping. Meaning it isn't a punishment to hurt the person, rather to embaress him/her in public. Not to mutilate them. That is considered illeagal under sharia. So no it isn't mutilation its a public embaressment. Why? because virgins aren't allowed to marry fornicators. Fornicators are only allowed to marry other fornicators.

mayceV

Right... so public shaming through violence is much better. Again, some people believe in something other than shame and violence as a tool to induce reform in people. If you look at the prison system in the USA, we could do SOOOO much better, in large part because we've changed from a goal of reforming criminals and aiding the mentlaly ill, to just punishing everyone.

Sharia, and any religious law of that age or earlier never even HEARD of those concepts... so no... no thank you. No lex talionis, no public shaming, no control over every aspect of how people conduct their private lives to please one group's beliefs. Still, most of that is an issue with the desire to impose Sharia, not Sharia itself. What is wrong with Sharia above all is what I keep saying: lex talionis.

also it requires 4 witnesses meaning its almost impossible to acctually convict a whipping. Then it goes down to a state level which is exactly like the system that modern coutries used.come on people I've typed this many times please read it. same thing with hand chopping and any crime in the Quran you can' lop hands off based on forensics meaning it almost impossible to have hudud punishment thats what tazir is for its the state level court where circumstancial evidence is allowed.

Wow... four witnesses... better hope you haven't pissed off four people willing to lie, or that someone can't pay off four people. I mean,witness tampering just never happens, so its a perfet system!Beyond that, little known concept in the 8th century is how INCREDIBLY unreliable eye-witnesses are. That these punishments exist, along with every other possible act (again, lex talionis)... is something that should have been lost to time.

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mayceV

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#122 mayceV
Member since 2008 • 4633 Posts
also, lex talionis was never a part of the Quran it just states that the law system was made for the Children of Isreal not that it applied in Islam. It is seen as just and if a winning side wants to punish the criminal with a lex talionis punishment then that is permissble as long as it is of 3 kinds: Mrder on any degree or battery on any degree. Not based on hudud crimes the hudud crimes have a set punishment and tazir crimes are ruled by the state. So no there isn't much of lex talionis in sharia at all.
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Frame_Dragger

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#123 Frame_Dragger
Member since 2009 • 9581 Posts
[QUOTE="mayceV"][QUOTE="Frame_Dragger"]

Maybe a better question is: What's wrong with living under whatever system you like, and keeping it to yourself? You wasnt lex talionis? OK. You want a number of guides to life and prohibitions? Fantastic, enjoy. The moment you want to impose that on me however, we have a problem.

I'm not trying to impose it on you but there is a lot of misconceptions about the topic. Sharia law isn't coming to the west but people are freaking out about the arab spring and really they shouldn't be.

What I said wasn't a concern that Sharia was on the rise in the West, or frankly anywhere else on earth. I was making a simple point that one glaring issue with a legal system meant to apply to everyone is that you shouldn't apply it to everyone. What did you expect in this thread? The central issue you continue to ignore is the most glaring issue with Sharia, and that is LEX TALIONIS. I frankly don't believe that the Quran supports that, the spirit of forgivenesss inherent in it and judgement laying in god's hand doesn't allow for it. Yet... there it is... so what's wrong with Sharia? I'd say much of what SaudiFury has... and that above all if you have a book which is the perfect word of god... you don't need Hadith, clerics acting as judges, and the formulation of this legal framework otuside of the Quran.

As a Westerner, that's my view putting aside the notion that I wouldn't see this imposed on ANYONE, western, eastern, or any other region. Until Islam seperates itself from its legalistic aspects, much as Judaism and Christianity had to over time, there is a limitaion on growth. I've tried to be tactful up to this point, but there it is... you're holding yourself back because instead of trying to follow the Quran, you try to follow the guy who brought it to you.
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Frame_Dragger

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#124 Frame_Dragger
Member since 2009 • 9581 Posts
also, lex talionis was never a part of the Quran it just states that the law system was made for the Children of Isreal not that it applied in Islam. It is seen as just and if a winning side wants to punish the criminal with a lex talionis punishment then that is permissble as long as it is of 3 kinds: Mrder on any degree or battery on any degree. Not based on hudud crimes the hudud crimes have a set punishment and tazir crimes are ruled by the state. So no there isn't much of lex talionis in sharia at all. mayceV
You're RIGHT, it's NOT part of the Quran... it IS a part of Sharia however. Doesn't that strike you as a rather glaring problem? Not much isn't "not at all".... and I disagree with the "not much" in practice frankly. If it's not in the Quran, as a good Muslim what are you doing including it in your laws? According to Islam it's all in the Quran for you, don't go borrowing concepts that actually predate Israel and that entire structure. It is AT LEAST an ancient Sumerian concept if the later Akkadian acceptance is any indication.
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mayceV

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#125 mayceV
Member since 2008 • 4633 Posts
[QUOTE="mayceV"]also, lex talionis was never a part of the Quran it just states that the law system was made for the Children of Isreal not that it applied in Islam. It is seen as just and if a winning side wants to punish the criminal with a lex talionis punishment then that is permissble as long as it is of 3 kinds: Mrder on any degree or battery on any degree. Not based on hudud crimes the hudud crimes have a set punishment and tazir crimes are ruled by the state. So no there isn't much of lex talionis in sharia at all. Frame_Dragger
You're RIGHT, it's NOT part of the Quran... it IS a part of Sharia however. Doesn't that strike you as a rather glaring problem? Not much isn't "not at all".... and I disagree with the "not much" in practice frankly. If it's not in the Quran, as a good Muslim what are you doing including it in your laws? According to Islam it's all in the Quran for you, don't go borrowing concepts that actually predate Israel and that entire structure. It is AT LEAST an ancient Sumerian concept if the later Akkadian acceptance is any indication.

That concept was deemed allowed and added onto Sharia durring the time of the prophet. So it is allowed. However even then it is up to the victim to decide. Its strongly suggested that the victim forgives not goes with lex talionis. Even then it wasn't that often and with today' society it probably would be even less often. Most of the time there are demands of blood money not lopping hands off for stealing you also have to recognize that people aren;t as barbaric as they were 750CE I want to ask, if you had the choice of blood money forgive or lopping a hand off what would you choose? It shows 2 district victories. Blood money is for this life, Forgiveness is the next life and chopping a hand off isn't a victory it would serve as an example for other to not do the crime but even then its up to a human being not a devil if a man begged you not to chop his hand off and cried and begged offered money and property. would any human being chop his hand off? really now? lopping limbs off can't be decided by the state but only by the victim. so lex talionis isn't a big part of Sharia and is almost totally disregarded.
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#126 Frame_Dragger
Member since 2009 • 9581 Posts
[QUOTE="Frame_Dragger"][QUOTE="mayceV"]also, lex talionis was never a part of the Quran it just states that the law system was made for the Children of Isreal not that it applied in Islam. It is seen as just and if a winning side wants to punish the criminal with a lex talionis punishment then that is permissble as long as it is of 3 kinds: Mrder on any degree or battery on any degree. Not based on hudud crimes the hudud crimes have a set punishment and tazir crimes are ruled by the state. So no there isn't much of lex talionis in sharia at all. mayceV
You're RIGHT, it's NOT part of the Quran... it IS a part of Sharia however. Doesn't that strike you as a rather glaring problem? Not much isn't "not at all".... and I disagree with the "not much" in practice frankly. If it's not in the Quran, as a good Muslim what are you doing including it in your laws? According to Islam it's all in the Quran for you, don't go borrowing concepts that actually predate Israel and that entire structure. It is AT LEAST an ancient Sumerian concept if the later Akkadian acceptance is any indication.

That concept was deemed allowed and added onto Sharia durring the time of the prophet. So it is allowed. However even then it is up to the victim to decide. Its strongly suggested that the victim forgives not goes with lex talionis. Even then it wasn't that often and with today' society it probably would be even less often. Most of the time there are demands of blood money not lopping hands off for stealing you also have to recognize that people aren;t as barbaric as they were 750CE I want to ask, if you had the choice of blood money forgive or lopping a hand off what would you choose? It shows 2 district victories. Blood money is for this life, Forgiveness is the next life and chopping a hand off isn't a victory it would serve as an example for other to not do the crime but even then its up to a human being not a devil if a man begged you not to chop his hand off and cried and begged offered money and property. would any human being chop his hand off? really now? lopping limbs off can't be decided by the state but only by the victim. so lex talionis isn't a big part of Sharia and is almost totally disregarded.

Strongly suggested... YET ALLOWED. The notion of cutting off a hand is, again... The Code of Hammurabi, and places values on life (Weregild), and then forgiveness. Personally, I wouldn't want any of those, but rather seek a means of determining if the person is a sociopath and stealing is one of what is a pattern of criems, or if they can be helped (as most people can). Simple forgiveness is too little, blood money helps no one, and mutilation isn't even lex talionis... it's actually MORE extreme. That, in short, is what lex talionis was meant to prevent, but hey, there it is.

I don't believe that the victim of a crime should be the deciding party in punishment or guilt, beyond legal testimony. Punishment is not so important as reform of that person, or containment if reform is impossible. Lex Talionis IS a part of Sharia, it just leaves the circumstances up to the victim to decide if the "trigger" is pulled. It ALSO goes beyond lex talionis in that it is not just "eye for an eye", but it can be a hand off a thief. If I wanted to ignore what the intervening 1500 years of medicine, psychology, and science have to offer then maybe I'd be happy with those limited option. I don't want to, I'd like to see justice be something which serves society, not just a means of punishment, blanket forgiveness, or some formof weregild.
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mayceV

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#127 mayceV
Member since 2008 • 4633 Posts
if you want pschology, then You should remember that Human being only do things that benift them. so a lex talionis is less attractive then say a direct fine of 50,000 (also as I said stealing has to have 2 reliable witnesses under oath that witnessed the direct theft. So lopping hands off is nearly impossible unless the theft is stupid or in extreme need and if he is in extreme need then the lopping of hands isn't allowed punishment isn't allowed as long as the stolen goods is only to satisfy a human need ( food, water, cloth for a tent, blanket or something) and it has to have a minimal value not for say stealing a table or a pair of head phones. that is then brought down to tazir level. Also, as a state level which is for anything other than murder or battery its a completely normal system a court system with witnesses and a judge, that can be built upon to suit needs meaning getting help for a psycho is possible under Sharia. It isn't black and white and it is extremely flexible. Also the punishment decided under lex talionis cannot exceed the crime meaning unless he chopped your hand off you can't do the same to him. there is equal punishment for everyone. Not like hamurabi where slaves got the shaft. But again the idea of lex talionis is losing popularity and can be removed without going against the Quran.
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#128 DigitalExile
Member since 2008 • 16046 Posts

How do you solve a problem like Sharia???xaos
*Dies from laughter*

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ghoklebutter

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#129 ghoklebutter
Member since 2007 • 19327 Posts
Human being only do things that benift them.mayceV
That's debatable.
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#130 DigitalExile
Member since 2008 • 16046 Posts

[QUOTE="mayceV"]Human being only do things that benift them.ghoklebutter
That's debatable.

Hmm. I think it's probably true, at the end of the day people do things that make them feel good inside, whether an atheist thinks it's the right thing to do, or a Christian does it to get into heaven, or a Buddhist does it to keep the universe in balance. I doubt anything is truely selfless.

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#131 ghoklebutter
Member since 2007 • 19327 Posts

[QUOTE="ghoklebutter"][QUOTE="mayceV"]Human being only do things that benift them.DigitalExile

That's debatable.

Hmm. I think it's probably true, at the end of the day people do things that make them feel good inside, whether an atheist thinks it's the right thing to do, or a Christian does it to get into heaven, or a Buddhist does it to keep the universe in balance. I doubt anything is truely selfless.

When I feel bad for someone, the first thought in my mind is not, "If I help that person, I'll feel better," but "If I help that person, he/she will be happy." That observation, for me, shows that actions based on sympathy are selfless.
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#132 DigitalExile
Member since 2008 • 16046 Posts

[QUOTE="DigitalExile"]

[QUOTE="ghoklebutter"] That's debatable. ghoklebutter

Hmm. I think it's probably true, at the end of the day people do things that make them feel good inside, whether an atheist thinks it's the right thing to do, or a Christian does it to get into heaven, or a Buddhist does it to keep the universe in balance. I doubt anything is truely selfless.

When I feel bad for someone, the first thought in my mind is not, "If I help that person, I'll feel better," but "If I help that person, he/she will be happy." That observation, for me, shows that actions based on sympathy are selfless.

It doesn't have to be conscious. Subconsciously helping others makes you feel better.

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#133 ghoklebutter
Member since 2007 • 19327 Posts

[QUOTE="ghoklebutter"][QUOTE="DigitalExile"]Hmm. I think it's probably true, at the end of the day people do things that make them feel good inside, whether an atheist thinks it's the right thing to do, or a Christian does it to get into heaven, or a Buddhist does it to keep the universe in balance. I doubt anything is truely selfless.

DigitalExile

When I feel bad for someone, the first thought in my mind is not, "If I help that person, I'll feel better," but "If I help that person, he/she will be happy." That observation, for me, shows that actions based on sympathy are selfless.

It doesn't have to be conscious. Subconsciously helping others makes you feel better.

That's true. But I don't think such motivations are significant at the conscious level, with regards to affecting motives. Even if I subconsciously feel happy after helping someone, my happiness was not my goal; it's just an effect.
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mayceV

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#134 mayceV
Member since 2008 • 4633 Posts
[QUOTE="DigitalExile"]

[QUOTE="ghoklebutter"] When I feel bad for someone, the first thought in my mind is not, "If I help that person, I'll feel better," but "If I help that person, he/she will be happy." That observation, for me, shows that actions based on sympathy are selfless.ghoklebutter

It doesn't have to be conscious. Subconsciously helping others makes you feel better.

That's true. But I don't think such motivations are significant at the conscious level, with regards to affecting motives. Even if I subconsciously feel happy after helping someone, my happiness was not my goal; it's just an effect.

There is some deep psychology behiend it. there i are a lot of factors that differ from person to person but in reality its true that although its not consiously every action is done for personal gain. what a person considers a gain differs from mindset to mind set but at the end of the day it is for gain. Don't think to much into it you'll probably hate humanity for it :lol:
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#135 ghoklebutter
Member since 2007 • 19327 Posts

[QUOTE="ghoklebutter"][QUOTE="DigitalExile"]It doesn't have to be conscious. Subconsciously helping others makes you feel better.

mayceV

That's true. But I don't think such motivations are significant at the conscious level, with regards to affecting motives. Even if I subconsciously feel happy after helping someone, my happiness was not my goal; it's just an effect.

There is some deep psychology behiend it. there i are a lot of factors that differ from person to person but in reality its true that although its not consiously every action is done for personal gain. what a person considers a gain differs from mindset to mind set but at the end of the day it is for gain. Don't think to much into it you'll probably hate humanity for it :lol:

lol, I indeed have thought much about it. :V I'm just trying to see things a different way. Regardless, although a lot of actions are based on personal gain, I'm sure altruism is possible in at least some form.

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#136 chessmaster1989
Member since 2008 • 30203 Posts
To give a very basic answer, I'm in favor of the separation of church and state. As such, I am also in favor of the separation of any religious institution and state.mindstorm
I agree with this.
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#137 mayceV
Member since 2008 • 4633 Posts

[QUOTE="mayceV"][QUOTE="ghoklebutter"] That's true. But I don't think such motivations are significant at the conscious level, with regards to affecting motives. Even if I subconsciously feel happy after helping someone, my happiness was not my goal; it's just an effect.ghoklebutter

There is some deep psychology behiend it. there i are a lot of factors that differ from person to person but in reality its true that although its not consiously every action is done for personal gain. what a person considers a gain differs from mindset to mind set but at the end of the day it is for gain. Don't think to much into it you'll probably hate humanity for it :lol:

lol, I indeed have thought much about it. :V I'm just trying to see things a different way. Regardless, although a lot of actions are based on personal gain, I'm sure altruism is possible in at least some form.

i think that dogs are capable of it though Dogs gain almost nothing from a relationship with man even if they are starved even if it isn't exactly safe they stick with the owner...usually. i could be mistaken though... an I probably am. But also I think it could be possible if there were no peers to judge you. As in so that society doesn't play a role in it "look at that man he's so kind to every one" could be a goal of a person that helps people. So i think in very isolated and specific conditions away from society it could be possible.
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#138 ghoklebutter
Member since 2007 • 19327 Posts
[QUOTE="ghoklebutter"]

[QUOTE="mayceV"] There is some deep psychology behiend it. there i are a lot of factors that differ from person to person but in reality its true that although its not consiously every action is done for personal gain. what a person considers a gain differs from mindset to mind set but at the end of the day it is for gain. Don't think to much into it you'll probably hate humanity for it :lol:mayceV

lol, I indeed have thought much about it. :V I'm just trying to see things a different way. Regardless, although a lot of actions are based on personal gain, I'm sure altruism is possible in at least some form.

i think that dogs are capable of it though Dogs gain almost nothing from a relationship with man even if they are starved even if it isn't exactly safe they stick with the owner...usually. i could be mistaken though... an I probably am. But also I think it could be possible if there were no peers to judge you. As in so that society doesn't play a role in it "look at that man he's so kind to every one" could be a goal of a person that helps people. So i think in very isolated and specific conditions away from society it could be possible.

Close to my opinion, but I think that a society that hinges on cooperation and individual liberty will lead to altruistic motives (I would elaborate further but I'm tired right now. :V). It doesn't have to be the vacuum you describe.
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#139 lingdu02
Member since 2011 • 63 Posts

they have extreme belief.

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#141 Fandangle
Member since 2003 • 3433 Posts

Religion has no place in law

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#142 Sagem28
Member since 2010 • 10498 Posts

I don't know much about it. What I do know though, is that there is an organisation here in Belgium called "Sharia for Belgium".
They want to make Belgium into a muslim nation under sharia law.

Just a bunch of idiots in my eyes.

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#143 DigitalExile
Member since 2008 • 16046 Posts

I find absolutely nothing wrong with terrorist law

*Awaits moderations

October_Tide

You could probably avoid that moderation if you explained your answer and clarified that you were being satirical to make a point.

Or something like that. The mods already know it.

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#144 deactivated-5d0e4d67d0988
Member since 2008 • 5396 Posts

[QUOTE="October_Tide"]

I find absolutely nothing wrong with terrorist law

*Awaits moderations

DigitalExile

You could probably avoid that moderation if you explained your answer and clarified that you were being satirical to make a point.

Or something like that. The mods already know it.

Trollface = COMPLETE GLOBAL SATIRICALATION

EDIT: Why is this still here, says mods deleted it since someone called the WAAAAAmbulance.

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#145 Victorious_Fize
Member since 2011 • 6128 Posts

Did you really have to make this TC? ?_?

In theory? Nothing that I can identify beyond a few outdated regulations; within the context of the ummah, it makes sense. In practice as it is executed by modern, fundamentalist Muslims? Absolute fail.foxhound_fox

Once again Fox, you are what I consider "enlightened" when it comes to religion. The Way (al-shar') is for the Ummah alone, so naturally, it is acceptable to Muslims.

Brothers thinking they can create an emirate in the UK is utter facepalm. here, I'll let conan do it

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#146 vfibsux
Member since 2003 • 4497 Posts

Okay first off don't point fingers at iran and Saudia they aren't a good representitive of Sharia because 1: Iran is Shiite and Shiites changed the rules of sharia. ( added thngs like timed marriges, changed the Quran and ECT.)

So people of off topic basically what did you hear about sharia that is so crazy?

mayceV
Americans (with spines) would die to the last child before converting to these laws, just an fyi. We got your crazy.
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#147 HoolaHoopMan
Member since 2009 • 14724 Posts
We don't need religion in our laws, that's enough for me to dislike Sharia. You can keep that barbaric **** for yourself.
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#148 Frame_Dragger
Member since 2009 • 9581 Posts
if you want pschology, then You should remember that Human being only do things that benift them. so a lex talionis is less attractive then say a direct fine of 50,000 (also as I said stealing has to have 2 reliable witnesses under oath that witnessed the direct theft. So lopping hands off is nearly impossible unless the theft is stupid or in extreme need and if he is in extreme need then the lopping of hands isn't allowed punishment isn't allowed as long as the stolen goods is only to satisfy a human need ( food, water, cloth for a tent, blanket or something) and it has to have a minimal value not for say stealing a table or a pair of head phones. that is then brought down to tazir level. Also, as a state level which is for anything other than murder or battery its a completely normal system a court system with witnesses and a judge, that can be built upon to suit needs meaning getting help for a psycho is possible under Sharia. It isn't black and white and it is extremely flexible. Also the punishment decided under lex talionis cannot exceed the crime meaning unless he chopped your hand off you can't do the same to him. there is equal punishment for everyone. Not like hamurabi where slaves got the shaft. But again the idea of lex talionis is losing popularity and can be removed without going against the Quran.mayceV
This is philosophy, not psychology.
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#149 AnnoyedDragon
Member since 2006 • 9948 Posts

Anything that combines religion with political authority cannot be good, particularly when the religion commands barbaric punishments for what would be regarded as none crimes to most people.

I recall one news release in which it was called that women living under sharia only show one eye. Because two eyes may lure a poor unsuspecting male into raping the women; and then they will have to stone her to death, for the crime of being raped.

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#150 Riverwolf007
Member since 2005 • 26023 Posts

[QUOTE="Riverwolf007"]

[QUOTE="Nayef_shroof"]

2: You only get "your body parts lopped off" when you commit crimes of significance, such as stealing something of high value (Result being your hand cut off), or if you murder/rape someone (Punishment being, if proven overwhelmingly guilty, death)

3: Its against sharia law to abuse your wife. It is said that if she exact high handedness upon the husband and he decides to hit her, he cannot cause any bruises, bleeding, are injuries to sensitive areas of the body. It is also one of the largest sins to commit in sharia

4: That is not allowed...In older times (Centuries ago), apostasy was considered a form of treason, and treason was punishable by death, not apostasy.

5: Jihad means the inner struggle, so I dont understand what your talking about...

6: There is no stoning, just whipping

7: Homosexuals are punished when they display blatant acts of homosexuality in public, meaning that homosexuals can be homosexuals in private and face the consequences in the after-life. The punishment is appointed for the judge to decide.

8: lolwut?

SaudiFury

you are just hiding your answers and the truth about sharia in taqiyya.

8.lolwut q5:33.

Taqiya huh.... so were at war? are we a married couple? or are we trying to settle a dispute? For the record i'm not a big fan of Sharia law on the state level at all. and i am Muslim. and for many of the same reasons that Foxhound_Fox has been saying.

look man, i'm not trying to offend anyone but it's completly obvious that it is taqiyya.

every time someone says "hey here is a clear black and white text saying it's cool to have sex with young girls before their first menstruation" or "here is one that says slay your enemies and your enemies are anyone not muslum" or any one of the hundreds of other things that are offensive to anyone that respects human rights the answer every time is "oh, well that does not count anymore, or it's a mistranslation or it's this or it's that and the actual meaning is the opposite of what it says there in black and white."

religious deception is built into and inseparable from islam.

as far as being at war so that taqiyya is an acceptible practice twenty bucks says you can find at least one hundred imams giving sermons on youtube claiming that there is a war going on which makes it completely acceptable to say anything you need to say to forward the cause.

all this works like a charm because westerners see a religion and say "omg! it's a religion! protect it!" when really islam is a political ideology dolled up to look like a religion.

if westerners understood the political aspect and how taqiyya allows it to be hidden you would have a much more difficult time spreading the ideology so it makes it acceptable to do and say anything you need to say or do to protect it.