sharia

"'Amr b. Shu'aib on his father's authority said that his grandfather reported: The Prophet (ﷺ) decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, that if he was the child of a slave-woman whom the father owned when he had intercourse with her, he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs. If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse, he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, since he was a child of fornication whether his mother was free or a slave."

"People ask your pronouncement. Say: God enjoins you about your kalalah heirs that if a man dies childless and he has only a sister, then she shall inherit half of what he leaves and if a sister dies childless, then her brother shall be her heir; and if there are two sisters, then they shall inherit two-thirds of what he [or she] leaves. If there are many brothers and sisters, then the share of each male shall be that of two females. God expounds unto you that you err not and God has knowledge of all things." Qur'an, [Quran 4:176]."

"If a man or a woman is made an heir on account of his [or her] kalalah relationship [with the deceased] and he [or she] has one brother or sister, then the brother or sister shall receive a sixth, and if they be more than this, then they shall be sharers in one-third, after payment of any legacies bequeathed and any [outstanding] debts – without harming anyone. This is a command from God, and God is Gracious and All-Knowing." Qur'an, [Quran 4:12]."

"If the deceased left children behind, each of the parents shall get one sixth of the estate, but if the deceased left no children and the parents are the only heirs, the mother shall get one third of the estate...""Sura 4:11"

"The fatāwā declares that when the enemy is about to attack and a general alarm is sounded, those who will be immediately affected must consider it a duty for themselves (farḍul ‘ayn). However, those who are far removed or not in imminent danger of attack will consider it a duty for some (farḍul kifāyah).... As for aggressive jihad, it is permitted with those who refuse to be converted to Islam or pay jizyah ‘even if they do not attack us first’. Moreover, rebels can be attacked if the Imām orders even if they have not initiated hostilities. The Muslim ruler is to be obeyed in jihad ‘if there are equal chances of gain and loss. But if the loss is certain, then he may be disobeyed in battle conditions only’. Jizyah can be taken from all non-Muslims—except the Arab polytheists who are no more—so the author(s) of the fatāwā also allow(s) it for Hindus though, without naming them. However, it is also mentioned that there is disagreement about this.412 Jizyah, however, is not the same for every type of dhimmī. Those who have accepted Muslim rule without fighting can come to agreement as to its amount with Muslims while those who were defeated after fighting do not have this privilege. Here the book suggests a sum of forty-eight dirhams for the affluent and twenty-four for the less affluent able-bodied men.413 As for the treatment of dhimmīs, it is based on repugnance for their religious views but neither cruelty nor injustice is permitted. Exhibition of repugnance for them, however, is not included in cruelty. For instance, it is suggested that ‘shaking hands with dhimmīs is not approved (makrūh) and if this is done while in a state of ablution, a Muslim should wash his hand’. However, the dhimmīs’ property, life, the honour of their women, etc., are to be safeguarded by law."

"This is a massive compilation of Indian Muslim practices and commandments on them. It was compiled during Aurangzeb’s rule in late 17th century under two Sufi scholars – Sheikh Nizam Burhanpuri, and Shah Abdul Rahim with more than 450 scholars participating. Fatawa Alamgiri was the Mohammedan Law during British times, and largely retains that standing even today. It is compulsory education in madrasa teaching."

"Not long ago, Asaduddin Owaisi was asked why Indians Muslims always looked to foreign books, and whether there was anything Indian in Islam. Owaisi countered by saying that they have the Fatawa Alamgiri."

"Besides the Hidāyah, Indian views about jurisprudence were summed up in the Fatāwā-e-‘Ālamgīrī.... Among other matters it also deals with jihad in Kitāb al-siyār. It defines jihad as ‘calling towards the true faith and fighting that person who does not accept it, or rebels against it or disobeys it (tamurrad), by wealth or life’. However, aggressive jihad is only allowed if Muslims are expected to gain power and glory but not otherwise."

"(r8.2) - The Prophet said, "He who settles disagreements between people to bring about good or says something commendable is not a liar. ... Kulthum added, "I did not hear him permit untruth in anything people say, except for three things: war, settling disagreements and a man talking with his wife or she with him (in smoothing over differences)"

"Reliance of the Traveller - "It is not permissible to give zakat to a non-Muslim" (h8.24)."

"Reliance of the Traveller, p17.2 - "May Allah curse him who does what Lot's people did.""

"the indemnity for the death or injury of a woman is one-half the indemnity paid for a man. The indemnity paid for a Jew or Christian is one-third the indemnity paid for a Muslim. The indemnity paid for a Zoroastrian is one-fifteenth that of a Muslim."

"Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right.... o1.2 The following are not subject to retaliation: -1- a child or insane person, under any circumstances -2- a Muslim for killing a non-Muslim; -3- a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences); -4- A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring."

"It remains part of Islamic law to this day that the life of a Muslim is worth more than that of a non-Muslim. A manual of Islamic law certified as reliable by al-Azhar, the foremost authority in Sunni Islam today, specifies that “the indemnity paid for a Jew or Christian is one-third the indemnity paid for a Muslim. The indemnity paid for a Zoroastrian is one-fifteenth that of a Muslim.”78"

"Dealing with a Rebellious Wife - When a husband notices signs of rebelliousness in his wife (whether in words, as when she answers him coldly when she used to do so politely, or he asks her to come to bed and she refuses, contrary to her usual habit; or whether in acts, as when he finds her averse to him when she was previously kind and cheerful), he warns her in words ("Your obeying me is religiously obligatory"). If she commits rebelliousness, he keeps from sleeping (having sex) with her without words, and may hit her, but not in a way that injures her... it is permissible for him to hit her he believes that hitting her will bring her back to the right path."

"When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman’s previous marriage is immediately annulled."

"Šaría je právo náboženské a platí jen pro muslimy – obdobně jako talmudická halacha platí jen pro židy. Židé a křesťané ani v muslimských zemích nebyli nikdy šaríí vázáni, řídili se vlastním právem."

"Original: 18"

"Original: 48"

"For those who practise tyranny and deprive others of their rights, I will be harsh and stern, but for those who follow the law, I will be most soft and tender."

"To even say, ‘What is shariah? Does anyone go by shariah today?’, is kufr, declares the Fatawa-i-Rizvia. Even if the words have been uttered to taunt others, they constitute a grave sin. To say, ‘We do not recognize shariah, we go by custom,’ is kufr, it declares. The ulema issue a fatwa prohibiting Muslims from joining processions of polytheists. A man says, ‘Issuing a fatwa not to join processions of polytheists, etc., is sheer lathbazi.’ The utterance is reported to the ulema. The utterance constitutes denigration of shariah, the Fatawa-i-Rizvia rules, and denigration of shariah is kufr. The man’s wife is free of his nikah. To question ijma (consensus) or taqlid (literal adherence) is kufr, they declare. ... Not to believe in Fiqh is kufr, they declare. He who does not accept Fiqh is Satan, they declare."

"Just like Nazism started with Hitler's vision, the Islamic vision is a caliphate, a society ruled by Sharia law, in which women who have sex before marriage are stoned to death, homosexuals are beaten, and apostates like me are killed. Sharia law is as inimical to liberal democracy as Nazism."

"Throughout almost all of Islam's history, a single interpretation of shari'ah was never adopted and enforced over society as a codified system of law. In fact, unlike in its English rendition "Sharia Law" where we use shari'ah as an adjective describing the noun "law," in original Arabic shari'ah is simply a noun. The specific adoption of an interpretation of shari'ah as law by a ruler was not religiously mandatory, and it didn't happen in history. Unitary legal systems were a European idea, and worse, the desire to merge law with religious canons was a specifically Catholic pre-Reformation idea. This realization had profound implications for my beliefs. Rather than justice―legal consistency―being derived from Islamism, Islamism relied on Western concepts of justice to get off the ground. I buried my head in my hands as I slowly realized: we Islamists were the bastard children of colonialism."

"For Muslims the Islamic Shari'ah, or Divine Law, is the concrete embodiment of the Divine Will as elaborated in the Quran for the followers of Islam; and from the Islamic point of view the scriptures of all divinely revealed religions, each of which possesses its own Shari'ah, have the same function in those religions. For Muslims, who accept the Quran as the Word of God, therefore, following the Divine Law is basic and foundational for the practice of their religion."

"The canon of the shariah and the Church, closely linked with the laws of the bourgeosie, treated women as a commodity, a thing to be bought and sold by the male... Just as the bourgeosie had made the worker into its proletarian, so had the savage ancient canons of the shariah, the Church, feudalism and the bourgeosie, reduced woman to the proletariat of the man."