Post by muslimunity on Apr 4, 2005 21:06:44 GMT -5
An International call for Moratorium on corporal punishment, stoning and the death penalty in the Islamic World
Wednesday 30th March 2005, by Tariq RAMADAN
Muslim majority societies and Muslims around the world are constantly confronted with the fundamental question of how to implement the penalties prescribed in the Islamic penal code.
Evoking the notion of sharî’a, or more precisely hudûd[1], the terms of the debate are defined by central questions emerging from thought provoking discussions taking place between ulamâ’ (scholars) and/or Muslim masses: How to be faithful to the message of Islam in the contemporary era? How can a society truly define itself as “Islamic” beyond what is required in the daily practices of individual private life? But a critical and fruitful debate has not yet materialized.
Several currents of thought exist in the Islamic world today and disagreements are numerous, deep and recurring. Among these, a small minority demands the immediate and strict application of hudûd, assessing this as an essential prerequisite to truly defining a “Muslim majority society” as “Islamic”. Others, while accepting the fact that the hudûd are indeed found in the textual references (the Qur’an and the Sunna[2]), consider the application of hudûd to be conditional upon the state of the society which must be just and, for some, has to be “ideal” before these injunctions could be applied. Thus, the priority is the promotion of social justice, fighting against poverty and illiteracy etc. Finally, there are others, also a minority, who consider the texts relating to hudûd as obsolete and argue that these references have no place in contemporary Muslim societies.
One can see the opinions on this subject are so divergent and entrenched that it becomes difficult to discern what the respective arguments are. At the very moment we are writing these lines- while serious debate is virtually non-existent, while positions remain vague and even nebulous, and consensus among Muslims is lacking- women and men are being subjected to the application of these penalties.
For Muslims, Islam is a message of equality and justice. It is our faithfulness to the message of Islam that leads us to recognize that it impossible to remain silent in the face of unjust applications of our religious references. The debate must liberate itself and refuse to be satisfied by general, timid and convoluted responses. These silences and intellectual contortions are unworthy of the clarity and just message of Islam.
In the name of the scriptural sources, the Islamic teachings, and the contemporary Muslim conscience, statements must be made and decisions need to be taken.
www.tariqramadan.com/calls/an_international_call_for_moratorium_on_corporal_punishment_stoning_and_the_death_penalty_in_the_islamic_world-article264.html?lang=en
