Should Sharia be Established in Bangladesh?

[TopCat]

There is nothing called Sharia. Quran made few reference of laws here and there but nothing as concrete. Then there were some references in Hadith where Prophet made few laws while running Medina affairs. Still not complete.

Most people refer sharia as the laws which were based upon Khilafat and later the laws of Bagdad. I am not sure how bindings were those laws were for Muslims. Lots of laws were made outside the Quran and Hadith to run the complex state affairs of Khilafat.

I must say Sharia is nothing but a buzz word

 

[vsdoc]

Then there were some references in Hadith where Prophet made few laws while running Medina affairs. Still not complete.

But the Hadith were written 3 to 400 years after the Prophet.

 

[illusion8]

A lot of different things to a lot of different people ! You've got the Taliban with their Shariah, the Moderates with their & even the liberals with theirs. In a nut-shell its essentially come to define what the in Islamic Traditions the parallels to Communism/Capitalism (Economic Dimension), Swiss Civil Code/English Civil Law (Legal Dimension), Secular Humanism/Dharma (Guiding Principles in Life) & Hinduism/Christianity (Faith portion of Religion) would be !

When Islamists talk about implementing the Shariah they're talking about the 'legal code' & the 'economic model' along with 'standards of propriety' for a said society !

So this so called Islamic laws don't come with any set standardization and can be interpreted according to ones needs? This will create more problem than solve anything. Anybody can and will dispute at will.

 

[TopCat]

But the Hadith were written 3 to 400 years after the Prophet.

Hadith is like history nothing invented.

 

[CaPtAiN_pLaNeT]

So this so called Islamic laws don't come with any set standardization and can be interpreted according to ones needs? This will create more problem than solve anything. Anybody can and will dispute at will.

Well it depends ... UAE and Qatar also has Shairah and so does Saudi Arabia and Talibans... You can make some easy comparison now.

 

[CaPtAiN_pLaNeT]

But the Hadith were written 3 to 400 years after the Prophet.

Not written but compiled ... but it is true that a big number of hadith are fake and same event have many different narrative by different people and groups. That created the problem.

 

[illusion8]

Well it depends ... UAE and Qatar also has Shairah and so does Saudi Arabia and Talibans... You can make some easy comparison now.

I thought it was more defined, but then it seems the laws are user specified, so one can accept a few and reject the rest or vice versa. Is it selective and open to one's own interpretations of the laws?

 

[Armstrong]

Is there a book which standardizes these different versions, acceptable to all?

Or are we again back to the Quran vs Hadith discussion and self-serving interpretations a la the buqa/hijab and women/marriage/wife related laws.

If so, I must run before Zarvan gets here.

Its derived from the Koran & later the Hadith *which many take as the best exegesis of the Koran*. I dunno how it is in Shi'ite Jurisprudence but as per Sunni Jurisprudence, Islamic Law is derived in the order of Koran > Hadith > Qiyas (analogy) > Ijma (Consensus of Opinion).

 

[CaPtAiN_pLaNeT]

I thought it was more defined, but then it seems the laws are user specified, so one can accept a few and reject the rest or vice versa. Is it selective and open to one's own interpretations of the laws?

Well it depends on interpretation... Some say Islam is for all people and for all time and so it can be adjusted accordingly but need to make sure it does not goes against Quran in any way. Other said how prophet Muhammad lead life it should be followed absolutely like that manner... but others say many thing that he followed was based on needs of that time which does not apply here... these are the problem. Suppose in Islam it is said free mixing is prohibited between boys and girls... Saudi made rule for it no woman will be able to work where man do work, woman will study in only woman uni or college etc... in other country free mixing is defined as not having physical relation... Taliban even does not allow education for the woman. These are the issues here.

In Islam it has never said that force anything on others as it is said that everyone has a free will. If anyone do good thing he will get prize for that if anyone do bad thing he will be punished accordingly. An state can make sure nothing happen which create disorder in the society not interference in anyone's personal life.

Some thing that Shairah and Quran prohibits which many in Indian and even in western countries wont prefer such as having sex before marriage, drinking alcohol, gambling, interest etc. Cutting hand for thieves is harsh but it only apply if it is done for greed not for meeting needs. Hope you got some idea.

 

[Armstrong]

So this so called Islamic laws don't come with any set standardization and can be interpreted according to ones needs? This will create more problem than solve anything. Anybody can and will dispute at will.

Indeed it is subject to interpretation just like everything else ! Take Socialism/Communism for example - You've got Marxism, Leninism, Maoism, Stalinism, Trotskyism & so on & so forth ! The same can be said about almost everything else but because the Koran has canonically significance across the sects these differences are more 'created' & 'exploited' than 'intrinsic' ! But yes we do have a long...long way to go !

 

[illusion8]

Well it depends on interpretation... Some say Islam is for all people and for all time and so it can be adjusted accordingly but need to make sure it does not goes against Quran in any way. Other said how prophet Muhammad lead life it should be followed absolutely like that manner... but others say many thing that he followed was based on needs of that time which does not apply here... these are the problem. Suppose in Islam it is said free mixing is prohibited between boys and girls... Saudi made rule for it no woman will be able to work where man do work, woman will study in only woman uni or college etc... in other country free mixing is defined as not having physical relation... Taliban even does not allow education for the woman. These are the issues here.

In Islam it has never said that force anything on others as it is said that everyone has a free will. If anyone do good thing he will get prize for that if anyone do bad thing he will be punished accordingly. An state can make sure nothing happen which create disorder in the society not interference in anyone's personal life.

Some thing that Shairah and Quran prohibits which many in Indian and even in western countries wont prefer such as having sex before marriage, drinking alcohol, gambling, interest etc. Cutting hand for thieves is harsh but it only apply if it is done for greed not for meeting needs. Hope you got some idea.

I am getting the overall idea, so even if its implemented it will be marginal because one cannot expect the strict codes mentioned specially pertaining to women folk and to living one's life and working. Islamic law is severe against women like adultery, divorce, polygamy, marriageable at 12 years, it also tends to give undue power in the hands of a few who can manipulate it to a great extent.

SA and Qatar can implement it because they are monarchies and have a responsible state body - the same cannot apply to Bangladesh or Pakistan - with the kind of people placed at the seat of power here some laws can be openly misused.

 

[illusion8]

Indeed it is subject to interpretation just like everything else ! Take Socialism/Communism for example - You've got Marxism, Leninism, Maoism, Stalinism, Trotskyism & so on & so forth ! The same can be said about almost everything else but because the Koran has canonically significance across the sects these differences are more 'created' & 'exploited' than 'intrinsic' ! But yes we do have a long...long way to go !

Is there a very high opportunity to twist it causing harm to the delicate fabric of a modern nation?

 

[TopCat]

Is there a very high opportunity to twist it causing harm to the delicate fabric of a modern nation?

Its like democracy of modern time. We have a democrazy in south asia compared to western democracy. It all depends on the current social fabric how the sharia will be implemented. Iran's implementation is quite different than SA for sure.

 

[CaPtAiN_pLaNeT]

I am getting the overall idea, so even if its implemented it will be marginal because one cannot expect the strict codes mentioned specially pertaining to women folk and to living one's life and working. Islamic law is severe against women like adultery, divorce, polygamy, marriageable at 12 years, it also tends to give undue power in the hands of a few who can manipulate it to a great extent.

SA and Qatar can implement it because they are monarchies and have a responsible state body - the same cannot apply to Bangladesh or Pakistan - with the kind of people placed at the seat of power here some laws can be openly misused.

Not necessary... for adultery at least 4 witness is required to prove that a woman is a criminal in this case, for rape case physical evidence is enough. But for adultery both male and female are made criminal in the same manner. According to christian and jews law it is punishable by stoning to death. But in Islam it is not.

For divoce there should be proper reason not anyone can do it at will. Even if anyone give divorce to any woman if she has any child the husband will have to bear the cost for the childs until they become adult. Woman can give divorce to man as well. Which is not permitted in neither jews, christian or hindu law.

Polygamy was introduced mostly for taking care of the needy woman those who are widow, poor or has some defect for which they can not marry. But some of the precondition is that one needs to take permission from wife, must make sure he will be treat all of his wife in the same manner and lastly he has the financial capability to maintain them. Other then that only 1 marriage is permitted. In no other religion only 1 marriage has been asked.

For marriage age it should be after puberty and with the girl's approval. She needs to give 3 approval before getting marriage. A girl can reject marriage is she does not want it. Islam gave the power to the girl. Hardly any other religion have given such power to the woman.

 

[illusion8]

Its like democracy of modern time. We have a democrazy in south asia compared to western democracy. It all depends on the current social fabric how the sharia will be implemented. Iran's implementation is quite different than SA for sure.

I don't get it, are u saying Shariah is modern? rather than being open its more restrictive, putting multiple restrictions on how one leads his life - how is it modern?