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Hudood: Shariah beheadings, chopping hands and floggings

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#1 [Permalink] Posted on 17th September 2020 10:36
Lets discuss this topic separately...
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#2 [Permalink] Posted on 17th September 2020 10:45
Principle 1: Hudood are established by Shariah Evidence

Loading Qur'aan Verse

You cannot use DNA evidence, CCTV camera to establish Hudood according to a great majority of Islamic Scholars. Thus the Pakistani public demands for "Shariah punishments" using "non-Shariah evidence" is inconsistent with Islam.

We are discussing "Hudud (i.e. punishments directly stipulated in the Qur'aan and Sunnah)". Please feel free to disagree in the light of Qur'aan and Sunnah
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#3 [Permalink] Posted on 17th September 2020 11:01
The argument against evidence in the form of witnesses that any Pakistani would make is that, it's kind of impossible to get a witness to rape and that this way rape will always go unpunished. Same can be said of many other crimes.

The thing is we are not content with Allah's laws because we don't want punishments as advocated by law rather we want to satisfy our hatred and need for revenge.
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#4 [Permalink] Posted on 17th September 2020 11:09
fod1083 wrote:
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Patience, my dear.
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#5 [Permalink] Posted on 17th September 2020 11:16
Principle 2: Hudood are warded by doubt and guilty is set free due to doubt

Unlike how the West and some Muslims think, slightest doubt will let the guilty go scot-free!

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#6 [Permalink] Posted on 17th September 2020 11:20
Principle 3: Muslims are encouraged to pardon Hudood among each other

Unlike how the West and some Muslims think, you are supposed to forgive and overlook instead of reporting it to Police and authorities.

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#7 [Permalink] Posted on 17th September 2020 11:21
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#8 [Permalink] Posted on 17th September 2020 11:40
Principle 4: Hudood are a Blessing for the Ummah

  1. People do not forgive and the case is brought to court.
  2. The crime is found to have a Shariah punishment.
  3. Shariah sanctioned evidence is found and presented.
  4. There are no doubts to exonerate the guilty.


The enforcement of Hudood is a source of blessings of Allah Ta'ala.

حَدَّثَنَا هِشَامُ بْنُ عَمَّارٍ، حَدَّثَنَا الْوَلِيدُ بْنُ مُسْلِمٍ، حَدَّثَنَا سَعِيدُ بْنُ سِنَانٍ، عَنْ أَبِي الزَّاهِرِيَّةِ، عَنْ أَبِي شَجَرَةَ، كَثِيرِ بْنِ مُرَّةَ عَنِ ابِنْ عُمَرَ، أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ "‏ إِقَامَةُ حَدٍّ مِنْ حُدُودِ اللَّهِ خَيْرٌ مِنْ مَطَرِ أَرْبَعِينَ لَيْلَةً فِي بِلاَدِ اللَّهِ عَزَّ وَجَلَّ ‏"‏


It was narrated from Ibn `Umar that the Messenger of Allah (ﷺ) said: “Carrying out one of the legal punishments prescribed by Allah (SWT) is better than if it were to rain for forty nights in the land of Allah (SWT), Glorified is He.” [Sunan Ibn Majah]
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#9 [Permalink] Posted on 17th September 2020 11:43
This is in summary, it.

However, in society you will heinous crimes and the evidence may not be Shariah compliant. In that case, the society will have to make laws which are called Ta'zeer.

DNA, CCTV, finger printing and all modern or scientific evidence can be taken into Account.

Any punishment including and up to death penalty can be awarded but you cannot call it "Hudood" but "Ta'zeer" ]

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#10 [Permalink] Posted on 17th September 2020 12:39
Salaam.

I was under the impression that the death penalty can only be enforced if the actual crime is witnessed and testified by suitable witnesses, and other evidence such as DNA, video footage etc can lead to punishment, but not death penalty.

I am not writing this as my opinion, but for clarification and to enquire about the actual ruling.
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#11 [Permalink] Posted on 17th September 2020 12:45
xs11ax wrote:
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W-Salam,

It is the opinion of Shaykhul-Islam Taqi Usmani (HA) and many Ulama DNA evidence cannot be used for "Hudud". But DNA, CCTV, fingerprints and other evidence can be used for "T'azeer" and this includes public death penalty and/or other punishments.

These sick people (rape etc) should be made an example for people and publicly punished.

www.samaa.tv/news/pakistan/2020/09/punishment-for-rape-wh...
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