DISPELLING MISINFORMATION ABOUT ISLAM
Human Rights in Islam and Common Misconceptions
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“Jihad is… an honorable ‘struggle’ and resistance against oppressors and those who oppose the peaceful spread of Allah’s Word and faith in Him and His religion of Islam… Islam prohibits this ‘war’ and allows for Jihad in the three situations, namely:
“1) Defense of Life, Property and National Boundaries, without transgression…
“2) Removing oppression and championing the just rights of the oppressed people…
“3) Defense of Faith and Religion… A ‘Mujahid’ (Muslim fighter for the cause of Allah)… has a clear understanding that Jihad is only for just reasons: to protect Islam and the Muslims, and to spread the message of Islam and Word of Allah. If the enemies of Islam who are fighting the Muslims cease their attack, and accept terms for a just peace, the Muslim fighters are commanded to cease hostilities…
“The non-Muslim residents of an Islamic state are required to pay a minimal tax called ‘Jizyah’ which is specific type of head-tax collected from individuals who do not accept Islam and desire to keep their religion while living in an Islamic state and under Islamic rule…
“The punishment of flogging is legislated for a not previously married male or female who commit fornication…
“As for the married male or female who commits adultery while being married or after divorcing one’s spouse, the penalty for such a criminal person is… stoning to death…
“Islam considers deliberate abortion a premeditated murder that entitles punishment for all who participate…
“Islam entitles the owner of a wealth or property to defend all that he owns, even to the point of killing the oppressor if he will not desist and continues his attack on him and his property. If the owner kills his oppressor he is not to be killed for killing the oppressor if he can prove that he killed him while defending his ownership…
“A husband has the right of ultimate authority of the home management since he is responsible for them and is accountable for all aspects of their maintenance…
“One reason among many for this degree of responsibility is that men are generally stronger and rational whereas women are generally weaker and more emotional, traits given by their Creator to serve their complementary roles in life and in the family.
A wife is required to obey the commands and instructions of her husband as long as these do not involve any act of disobedience to Allah’s command and the Prophet’s instructions…
“A wife is required to protect the children and the lineage of her husband by protecting herself and being completely chaste. She should be a trustworthy guardian of his wealth. She should not leave her husband’s home without his prior knowledge and approval, nor allow any person to enter in his home whom her husband dislikes. This is to protect the honor and harmony of the family, as instructed by the Messenger of Allah…
“The basis for the Islamic ruling and legal judgments is Shariah, Islamic law. The constitution of a Muslim State must be based on Qur’an and Sunnah…There should be no room for personal opinion if an authenticated text is available. Islamic law is a comprehensive system of jurisprudence including personal and family law, criminal law, national and international law, which fulfills all requirements of man in the most upright manner since it is based upon the revelations from Allah to His Messenger for the guidance of man…
“Crime in Islam is divided into two categories:
“1) Crimes that have prescribed punishments according to Shari’ah laws. These crimes include apostasy and blasphemy, murder and manslaughter, assault, fornication and adultery, robbery, theft, drinking alcohol and intoxicants, false accusation of adultery or other immoral acts, aggression against people, etc.
“2) Crimes that do not have a definite punishment according to Shari’ah laws. The legal authority sets the punishments for such crimes according to the public interest of Muslims and the Islamic society. These types of punishments are known as ‘ Ta ‘zeer’ (reprimands)…
“The second category refers to punishments for violating the Commands of Allah and other prescribed Shari’ah injunctions. These crimes include drinking alcohol, fornication and theft. Penalties for such crimes once brought before the authorities and confirmed, cannot be dropped even if the plaintiff drops the charges.
“The rules in application of the Hudood, (capital and corporal punishments) of the Islamic Shari’ah are many to ensure justice… The objective of executing these harsh punishments is to teach exemplary lessons to the criminal elements of the society. They act as proven and successful deterrents against the temptations towards committing criminal acts, and therefore protect the rights of all individuals: consequently, the entire society enjoys peace and security.
“For example, if someone knows that he may be struck with the same force cutting the skin and breaking the bone in return of his crime, would he be inclined to go ahead with his assault?… “Hiraabah includes highway robbery, killing as a result of robbery, breaking into residential or commercial areas with weapons and intimidating innocent residents with weapons. It literally means waging warfare with the society…
“If the robber kills and seizes the money, the punishment may be killing and crucifixion. If he takes money and threatens but does not kill or assault, the punishment may be amputation of his hand and leg. If he kills the victim but does not take his money, he may be executed as in murder. If he frightens innocent residents but does not kill any of them, he may be exiled, which is imprisonment according to some scholars.
“Murder and manslaughter: The punishment of Qisas (execution) is legislated for premeditated murderer as a just and suitable penalty for taking life unjustly. Qisas acts as a successful deterrent to prevent murder…
“Robbery and Theft: Allah (ft) set the penalty of cutting the hand as a penalty for theft… Theft is a very serious crime which if left without proper punishment may become a widespread phenomenon threatening the social and economic life of the community. Thieves may confront resistance, prompting them to commit other crimes like manslaughter and assault. If a thief realizes that his hand would be cut off because of his theft, he will definitely either hesitate or desist from his crime
“Fornication and adultery: Islam prescribes the punishment of flogging for those that have never been previously married and are guilty of fornication…
“As for the previously married male or female who commit adultery, the punishment applied to them is stoning to death…
“Slander: Public flogging is the prescribed punishment for false accusation of fornication or adultery… The purpose of establishing and executing this punishment is to protect the honor and reputation of the innocent…
“Islam sets the punishment of flogging for public intoxication and traffickers. Lashing is the prescribed punishment in Islam in order to eradicate the use of such harmful substances and ensure the protection of wealth, and mental and psychical health…
“All the above punishments in Islam are to preserve human rights and dignity of law- abiding citizens and they are a demonstration and illustration of the absolute divine wisdom and justice…
“Islamic Shari’ah decrees execution for the person who apostatizes after accepting Islam as a way of life, and rejects Islamic beliefs and laws…
“Rejecting Islam as a way of life after its acceptance implies malicious propaganda against Islam and a disgrace to the immediate Muslim community where the apostate lives. Such rejection will not only discourage people from accepting Islam as a way of life, but will encourage all varieties of criminality and blasphemy…
“Declaring general disbelief and rejection is unacceptable in Islamic Shari’ah because such a person does not honor the sacred commitment to his or her faith. He is more dangerous and worse than an original non-believer who never was a Muslim…
“We should take the following points into consideration concerning apostates from Islam.
“The killing of an apostate from the Islamic faith implies that such a person has violated the basis of Islam and attacked Islam openly and publicly with treachery and blasphemy. As such, he threatens the very basis of the moral and social order. This treachery may precipitate the beginning of internal revolution and dangerous rebellion within the Islamic society. This kind of crime is the most serious in any society, and therefore is called ‘High Treason’…
“Execution of such an apostate is, in reality, a salvation for the rest of the society members from the maliciousness and violence he would spread if left to propagate his disbelief and blasphemy among the other members of the society…
“Islam does not treat rejection of the faith as a personal matter but rather a rejection that harms the entire system. This rejection is a seed of internal revolution and instigation towards rebellion in the society… Islam only punishes the apostate himself with the simple, direct and very effective deterrent…
“Slavery, according to Islamic teachings, is limited to physical slavery only and there are no forced conversions to the way of the master. A slave has the right to maintain his own faith… two exceptions as legitimate sources of slaves…
“(1) War captives, or prisoners of lawfully declared wars by a Muslim ruler…
“(2) An inherited slave born from two slave parents. Such a child is considered a slave as well. However, if the master of a slave girl took her as legal concubine, the product of this relation is a free child who is also attached in lineage to his free father. In such case, the slave-girl is called ‘a mother of a child’ who cannot be sold and cannot be given as a gift and must be freed upon the death of her master… “In brief, we can say that Islam did not legalize and encourage slavery but rather established laws and regulations that contributed significantly and effectively to help restrict the sources of slavery and liberate slaves once and for all…”
https://www.muslim-library.com/dl/books/English_Human_Rights_in_Islam_and_Common_Misconceptions.pdf