Islam Way of Life/Limits

From Wikibooks, open books for an open world
Jump to: navigation, search

The influence of The Assent is not limited to personal values and rituals, but in public as well. Some law makers call the influence of The Assent in public policy as "Islamic law", some just call it "law". Even when it is called Islamic Law, the exact legislation may differ from country to country. In Malaysia, it is even different from state to state.

Such difference is expected, since each country or state has different goals and different history. Koran only regulates upper and lower Theoretical Legal Limits as mentioned in Koran 4:13-14. This allows every nation to pick any point or range within The Theoretical Legal Limits to be their legislation. As an example of lowering the maximum limit, Brunei Darussalam abolished the death penalty [1]. Another, the Queen of Jordan does not cover her hair. Its neighbor, Saudi Arabia has raised the minimum limit, so it is a crime not cover a female hair. So, please maintain that this chapter will only cover the theoretical legal limits and not the various actual local legislation of the same law.

Koranic concept of public policy is mentioned in Koran 3:104. In this book, the policy of acceptable and unacceptable is called legislation. In Koran 42:38, mutual consultation is the best way to decide the legislation and leadership between people but without violating the Koranic Legal Limits. Therefore the Koranic concept of consultation is somehow comparable to the concept of Democracy. At the same time, Koranic concept of Legal Limits is somehow comparable to the concept of Human Rights. These legal limits are designed to guarantee not only freedom but also fairness (justice).

Scholars differs on the role of Islam in the public policy. Scholars like Ayman Dhawahiri in Afghanistan/Pakistan does not accept any other source of law outside Koran and Hadith. Scholars like Muhammad Shahrour from Syria takes Koran as Legal Limits and Hadith as example, while allowing their implementation as wide as allowed by the Legal Limits imposed by God. Scholars like Yusuf Qaradhawi in Qatar, also the head of the European Council for Fatwa and Research, takes the middle road. However, they all are agreed on the importance of The Assenter's charter and The Believer's charter in the private life.

Civil Law Limits[edit]

NOTE:

  1. Bible are referred for comparison only.
  2. These are limits. The actual law may differs significantly but does not violates the limits, for example actual dress-code law may be much more restricted than God's limits.
  3. Some of these limits are restricted only to a specialized group. But legislation can be made to extend it, for example limits only for prophets wives can be extended to all believing women, or even to all women.

Dress codes[edit]

Men dress code? Min. 24:30
Women dress code (Bible 1st Cor 11:5-13)? Min. 24:31 Max. 33:59
Which relatives allowed to see women body? 24:31
Circumcision (Bible Gen 17:14, Gen 17:24-25, Exod 4:25)? 40:64
Menstruation (Bible Lev 12:2-5)? 2:222
Beards (Bible Num 8:5-7, Lev 19:27, Lev 21:5, 2nd Sam 10:5)? 40:64
Should stay home, prophet wives or all women? 33:30-33, 33:53

Marriage[edit]

Allowed marriage? Min. 4:22, 4:23, 26:165-166
Poligamy reason: for orphaned baby/child or for whim? 4:2-3
Is polygamy encouraged or discouraged? 4:2-3, 4:129
Force marriage? 4:3
Can we marry dependant women without their parent permission? 4:25
Is dating allowed? 2:235
What are the obligation of husband and wife? 5:5, 4:34
What is minimum age for marriage? 4:25, 12:30, 4:127, 4:6, 2:221
Who takes care of orphans? 4:2-6
Are adopting a child allowed? 33:4-5
Is marriage mandatory for servants? 24:32
What should we do with slaves? 2:177
What should we do about captives? 76:8-9
Is marriage mandatory "Ma Malakat Aymanukum"
(Bible Lev 25:42-46, Lev 22:10-11, Exod 21:32)?
4:25

Divorce[edit]

Is instant-divorce allowed? Min. 2:226-227, 65:1
What to do about disputes? 4:128, 4:34-35
Does "idriboohun" always mean "torture" our wives? 2:273, 43:5, 18:11
Can we instantly kick women out (e.g. prostitution/temporary marriage)? 65:1, 2:229, 33:49, 60:10
How to fight prostitution/temporary marriage? 24:33, 24:30-31
How long the interim before a divorce effective? 2:228, 65:4
How many witness do we need for divorce? 65:2
After the second divorce, can couples re-marry? 2:230
Who finances and takes care of children of divorced parents? 2:233

Death and Inheritance[edit]

Shall we burry or burn the dead? 5:31, 22:7
How much may be inherited to son and daughter? Max. 4:11-14 Min. 4:11-14
Who else may receive inheritance? 4:7-8, 4:176
Is the limits used after or before the will? 4:11 repeated on 4:12
Is making will discouraged or encouraged? 2:180-181
What to do with the unwritten will? 5:106-108
What to do the inherited house? Min. 2:240

Commerce Law Limits[edit]

Monetary[edit]

Cases Examples
What is money? 18:19, 9:34
Can we own property? 7:74, 7:137
How to solve property dispute? 38:22-24, 21:78

Social Justice[edit]

Cases Limits
Debt procedures? Min. 2:282 Max. 2:283
Can we charge financial interest?
  • on charity recipients ( 9:60)?
Min. 2:280 Max. 2:278, Punishment 2:279
  • outside charity recipients?
Max. 3:130
Why ? 4:161, 30:39, 2:275-276

Regulated Goods[edit]

Cases Limits
Wine? 16:67, 47:15 Max. 4:43, 2:219, 5:90-91
Any other addictions? 63:9
Dogs ? 5:4
Prohibited arts (Bible Deut 4:14-18)? 34:12-13
Environment protection? Max. 5:95-97, 5:1-2, Punishment 30:41

Criminal Law Limits[edit]

Court Justice[edit]

How to judge? Min. 17:36, 49:6, Max. 53:38, 24:61, 42:40-42
Witness obligations? Min. 4:135, 2:282, 49:6
Suspect rights? Min. 24:27-29, 49:11-13
Punishing minors ( 22:5)? Max. 4:25
Prisoner treatment? 12:36

Crimes[edit]

Cases Punishment
Theft/fraud? Min. 5:39, 12:73-75 Max. 5:38, 12:31, 12:50
Large-scale destructions? Max. 5:33
Violence? Max. 5:45
Murder? Max. 17:33
Accidental killing? Max. 4:92
Suicide? 4:29-30

Sexual Abuse[edit]

Abortion? Max. 6:151, Reasoning 17:31, 46:15, 31:14
Killing Adulterer (Bible Deut 22:20-24, Lev 20:10)? Max.=Min. 24:2-5
Teenage-adulterer? Max.=Min. 4:25
False-Adulterer accuser? 24:4-9
Sexual molestation/rape? 12:25, 12:42
Homosexuality? 4:15-18

Political Law Limits[edit]

Human Rights[edit]

  • Where is the right of equality? 4:58, 5:8, 49:12
  • Where is the right of justice? 4:148, 49:12, 53:38, 2:282, 42:40
  • Where is the right of property? 24:27-28, 2:188, 24:29
  • Where is the right of privacy? 49:12
  • Why God's law is unchangeable? 30:30, 35:43, 33:62, 48:23

Open Goverment[edit]

  • Where is open government? 58:9-10, 58:11, 2:188, 49:6
  • How to decide public policies? 42:36-38
  • Where is election, referendum and parliaments? 42:36-38
  • Where is free press, demonstration and political participation? 58:11
  • How to built representation? 5:12, 37-147-148, 22:40
  • Can we force our view on others? 2:256
  • Should ruler listen his to people or become a dictator? 9:61, 3:159
  • Should we seek win-win solution? 24:62
  • Should we trust democratic decision? 24:63

Corruption[edit]

  • Can we cooperate on crime and aggression? 5:2
  • Should we obey ruler unconditionally? 60:12
  • Can we do money politic & bribery? 2:188
  • Can we annoy others? 31:19
  • Can we neglect our trust? 8:27, 3:161

Oppression[edit]

  • Can we kill apostates? 4:137, 2:256, 10:99, 88:21-22, also Bible Lev 24:16, Deut 13:5, Deut 13:6–10
  • Can we represent God on earth? 6:150-151
  • Can use religion for financial profit? 2:41, 2:79, 2:174, 5:44, 9:9, and 9:34, also Bible Mal 3:8, Ps 110, John 8:39, Lev 27:30-33, Lev 27:3-7, Lev 27:14-17, Lev 27:26-28
  • How to build a nation? 13:11, 6:123
  • How to avoid oppression? 4:97

International Law Limits[edit]

Military Service[edit]

  • Should we serve in military service? 2:216, 8:65
  • What is the reasonable number of army to win a war? 8:65, 3:124-125
  • Should build military power? 8:60

Defensive War[edit]

  • Are we allowed to make peace to foreign invader? 2:190-193
  • What to do with foreign soldier? 2:190-191
  • What to do with mercenaries? 5:45
  • What to do with traitor? 5:33-34
  • What to do with contractor, supplier, financer etc.? 8:42

Aggressive War[edit]

  • Can we do secret war? 2:204-205
  • Can we conquest others? 8:19
  • To help the oppressed, emigrate them or change the ruler? 4:75, 8:72
  • How to keep peace in foreign country? 9:12, 4:94, 49:9-10
  • When to stop war? 8:61-62
  • What to do with deserter? 8:15-16
  • What to do with prisoner? 8:67, 8:70, 47:4
  • What to do with spoils of war? 8:1

War Strategy[edit]

  • What to do to prepare battle? 8:26, 8:60,34:11, 21:80, 27:22, 9:38, 9:41
  • What to do in battle? 8:42, 61:4, 47:4, 8:46, 3:121, 8:15-16, 8:45
  • What to do with traitor? 8:58
  • What to do for loses? 8:65, 3:140, 3:165, 3:144, 3:157-158, 3:169-171, 3:173, 33:22

See Islam Way of Life/Glossary#About_Legal_Limits for more about the terminology being used in this chapter.

Talk Back[edit]

Do you know two Moslem countries or provinces that has differing law of certain issues, such as women dress-code or allowed occupations for womens?

Do you know the reasons of the difference? Try to investigate whether the differences are still within God's upper and lower Legal Limits by using the referecences above?

Please, share your stories in the discussion page