Abdullah

The same Muslims who seem to be most passionate about Islamic Sharia, seem to be the most ignorant of its intricacies. They seem to believe that hudud applies to every act, and ta’zir is man made laws. In reality 99.9% of sentences will be according to ta’zir, because hudud has strict rules of evidence and conditions, which is very difficult to satisfy. So when they hear of Islamic Law being enforced in Afghanistan, they ask where is the hudud? To help you understand, consider the conditions that are required to be fulfilled before hudud can be applicable in case of theft, this is according to the Shafi’i madhab: Fatwa given by Taqi al-Din Ali b. Abd al-Kafi al-Subki “# [the item] was taken from a place generally considered secure (ḥirz) 1. it had not been procured as spoils of war (mughannam) 2. nor from the public treasury 3. and it was taken by his own hand 4. not by some tool or mechanism (āla) 5. on his own 6. solely 7. while he was of sound mind 8. and of age 9. and a Muslim 10. and free 11. not in the Haram 12. in Mecca 13. and not in the Abode of War 14. and he is not one who is granted access to it from time to time 15. and he stole from someone other than his wife 16. and not from a uterine relative 17. and not from her husband if it is a woman 18. when he was not drunk 19. and not compelled by hunger 20. or under duress 21. and he stole some property that was owned 22. and would be permissible to sell to Muslims 23. and he stole it from someone who had not wrongfully appropriated it 24. and the value of what he stole reached three dirhams 25. of pure silver 26. by the Meccan weight 27. and it was not meat 28. or any slaughtered animal 29. nor anything edible 30. or potable 31. or some fowl 32. or game 33. or a dog 34. or a cat 35. or animal dung 36. or feces (ʿadhira) 37. or dirt 38. or red ochre (maghara) 39. or arsenic (zirnīkh) 40. or pebbles 41. or stones 42. or glass 43. or coals 44. or firewood 45. or reeds (qaṣab) 46. or wood 47. or fruit 48. or a donkey 49. or a grazing animal 50. or a copy of the Quran 51. or a plant pulled up from its roots (min badā'ihi) 52. or produce from a walled garden 53. or a tree 54. or a free person 55. or a slave 56. if they are able to speak and are of sound mind 57. and he had committed no offense against him 58. before he removed him from a place where he had not been permitted to enter 59. from his secure location 60. by his own hand 61. and witness is born 62. to all of the above 63. by two witnesses 64. who are men 65. according to [the requirements and procedure] that we already presented in the chapter on testimony 66. and they did not disagree 67. or retract their testimony 68. and the thief did not claim that he was the rightful owner of what he stole 69. and his left hand is healthy 70. and his foot is healthy 71. and neither body part is missing anything 72. and the person he stole from does not give him what he had stolen as a gift 73. and he did not become the owner of what he stole after he stole it 74. and the thief did not return the stolen item to the person he stole it from 75. and the thief did not claim it 76. and the thief was not owed a debt by the person he stole from equal to the value of what he stole 77. and the person stolen from is present [in court] 78. and he made a claim for the stolen property 79. and requested that amputation occur 80. before the thief could repent 81. and the witnesses to the theft are present 82. and a month had not passed since the theft occurred” This is just the basic conditions and requirements, there are also conditions and requirements for the witnesses before the case can proceed…