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August 08, 2016

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Patrick S. O'Donnell

For those new to this subject matter and wanting to begin systematic exploration of Islamic law, you might want to look at the "jurisprudence" section (7.) of my English language bibliography for Islamic Studies (it has not been updated for several years, but I hope to do so before the end of this year). It is divided up into sections based on traditional and scholarly categories for the field, some of which might likewise enhance your immersion in this topic. The bibliography is available here (if the preview is not yet available, you can download the PDF version): https://www.academia.edu/4844075/Islamic_Studies_bibliography

Patrick S. O'Donnell

I might have also mentioned that those wanting an accessible glossary of terms for the study of Islamic civilization can begin with a study guide I provided my students at our community college (adopted for use in a Middle Eastern Religions history course as well) and also available online: https://www.academia.edu/5289597/Islam_Study_Guide

An exceptional encyclopedia (won an award from the New York Public Library), likewise for beginners, and published by one of my teachers: https://www.amazon.com/Encyclopedia-Islam-World-Religions/dp/0816077452

anon

Some say that gays are being persecuted in countries abiding by Islamic law.

Some claim that there is blatant and hurtful discrimination against women in countries abiding by Islamic law.

Some say that Islamic law permits different standards of conduct (e.g., truthfulness) when dealing with persons who are not followers of the Islamic faith.

Are there provisions of Islamic law that govern these matters, generally or specifically? Can you please refer us to the provisions of Islamic law that govern homosexuality, proof of rape of a woman, and truthfulness in dealing with infidels, so that we may refute the claims mentioned above about Islamic law?

terry malloy

the killing of homosexuals is part of the Hadith:

"Imaam Ibn al-Qayyim (may Allaah have mercy on him) said:

It was reported that the Prophet (peace and blessings of Allaah be upon him) said: “Kill the one who does it and the one to whom it is done.” (Reported by the four authors of Sunan. Its isnaad is saheeh. At-Tirmidhi said it is a hasan hadeeth).

Abu Bakr al-Siddeeq judged in accordance with this, and he wrote instructions to this effect to Khaalid, after consulting with the Sahaabah. ‘Ali was the strictest of them with regard to that. Ibn al-Qasaar and our shaykh said: the Sahaabah agreed that [the person who does homosexual acts] should be killed, but they differed as to how he should be killed. Abu Bakr al-Siddeeq said that he should be thrown down from a cliff. ‘Ali (may Allaah be pleased with him) said that a wall should be made to collapse on him. Ibn ‘Abbaas said, they should be killed by stoning. This shows that there was consensus among them that [the person who does homosexual acts] should be killed, but they differed as to how he should be executed."

anon

Terry

The scriptures of many religions contained similar prohibitions.

Do the legal authorities in any modern countries actually follow the authorities you have cited, i.e., are these authorities considered "Sharia" law and actually followed today in certain countries?

anon

I'm also interested in whether Sharia law permits different standards of conduct (e.g., truthfulness) when dealing with persons who are not followers of the Islamic faith. I've heard this said, but I am not aware of any provisions of Sharia law that so provide. Do such provisions exist? Are these provisions recognized today among those who are believed to follow/enforce Sharia law?

terry malloy

@anon: ISIS and Saudi Arabia certainly do. They brag about it right now. the Washington Post in june ran an article titled "ten countries where homosexuality is punishable by death." (hint: Norway isn't on it.)

Do you mean 'modern' in a temporal or cultural sense?

anon

Terry

I meant in a temporal sense. As I understand it, the Kingdom of SA, home of holy shrines, is authoritative on matters of Sharia law. Apparently, the authorities quoted above on the matter of homosexuality are currently enforced. Has a consensus been reached on the method of execution?

Any idea about whether Sharia law permits different standards of conduct (e.g., truthfulness) when dealing with persons who are not followers of the Islamic faith? This is a topic one hears tossed around by people who claim to know. It would be great to have a pointer in the right direction in terms of the actual authorities under Sharia on this question.

anon

I just read the Washington Post piece; very helpful.

If I am reading this correctly, of the 10 countries where homosexuality is punishable by death, the descriptions of 6 refer specifically to sharia law.

Two of the remaining four are near to SA geographically.

It seems the majority, under Sharia law, favor stoning to death homosexuals.

anon

The study of permissible falsehood under Sharia law also appears to be subject rich with meaning and importance. I've located several examples of approved falsehoods in connection with "war."

This would seem to beg a couple of questions: what, under Sharia law, is war? Is it permissible, under Sharia law, to lie to the counter party in or in connection with a treaty negotiated with another nation that is "at war" with one's own nation?

The answer appears to be unequivocally yes to the second question, but I would very much appreciate the views of those more familiar with the subject.

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