Friday, November 21, 2008

The hard(ying) and soft(yang) of Islamic Law.

The use of tao philosophy to understand and determine change, be it in war, politics or religion is a new tool to understand the rules of nature and science.
Newtons Law, "Every action has and equal and opposite reaction" is just the starting point of the Tao philosophy which also states that everything follows a natural and scientific Law of opposites.

The Quran also states that every thing is created in pairs. Refer AlQuran 36:36 "Glory to Allah who created in pairs all things that the earth produce,as well as their own kind,and things of which they have no knowledge".

Lets see how these Laws of The Tao Of Change can be applied to the Islamic Laws and philosophy..
Lets take the law of chopping the hand of the thief. Refer AlQuran 5:38 "As for the thief both male and female, cut off their hand.It is the reward of their own deed,an exemplary punishment from Allah.Allah is Mighty, Wise.
These law has two intrepetations.

1) The hard (ying) stance.
A reknowned Ulama and politician in his tafsir AlQuran published in a politically owned monthly newspaper stated that "The hand of the theif must be chopped off even if the theft is just a blanket and even if the owner of the blanket has forgiven the theft".He derived at this conclusion bay adding to it the hadith of the Prophet Mohamad s.a.w.
This sort of judgement is horifying not just to non Muslims but also to the Muslims. The judgement did not take inro consideration other laws in the Quram.Judgement when made in isolation of one verse of the Quran and with add on authority of the hadith is very harsh or hard in nature.

2) The soft (yang) stance.
Although Allah prescribed chopping of the hand fot the theif, there are other verses in the Quran which precribes otherwise, such as,.
a) AlQuran 5:38 should be read together with AlQuran 5:39 "But whoever repents after his wrong doing, and amends, Lo Allah will relent towards him. Lo Allah is forgiving,Merciful.
According to this verse,the thief who repents and amends (give back the stolen goods) is forgiven by Allah.
b)AlQuran 23:96 "Repel evil with that which is better.We are best aware of that which they alledge".
c)AlQuran 2:178 "O you who belirf, retaliation is prescribed for you in the matter of the murdered.The freeman for the freeman, the slave for the slave, the female for the female.And for him who is forgiven by his brother,procecution according to usage and payment to him, in kindness.This is an elevation and Mercy from your Lord. He who transgresses will have a painful doom".
According to this verse you are allowed to retaliate in kind.For the theif, you can steal from him in like manner, however there is an option to forgive when compensated.This forgiving and kindness is an elevation to higher morals.

It is apparent therefore, from the examples above, that Islam has two polars, 1) the hard which uses hadith of the Prophet, and 2) the soft which uses only the Quran for their jurispudance. These polars are called by other names such as extremist,liberal, inclusive and exclusive, all adhering to the Law of opposites, or The Tao Of Change.

4 comments:

Ihsan said...

Okay, say you're right. Whoever repents and make amends, we don't have to cut off his hand. But what if the thief doesn't repent. We still have to cut of his hands, don't we?

pak yeh said...

Sala Ihsan,
No we dont. You missed the other points stated in y article. You have 2 other verses to support your reason for not cutting his hand. They are as written in the artcle...

b)AlQuran 23:96 "Repel evil with that which is better.We are best aware of that which they alledge".
c)AlQuran 2:178 "O you who belirf, retaliation is prescribed for you in the matter of the murdered.The freeman for the freeman, the slave for the slave, the female for the female.And for him who is forgiven by his brother,procecution according to usage and payment to him, in kindness.This is an elevation and Mercy from your Lord. He who transgresses will have a painful doom".
According to this verse you are allowed to retaliate in kind.For the theif, you can steal from him in like manner, however there is an option to forgive when compensated.This forgiving and kindness is an elevation to higher morals.

The victim of the theft can always forgive. This forgiveness is permissible according to the Quran. Only the Lahwal(fake)Hadis does not allow forgiveness.

Cruzeiro said...

Well said, bro....

Cruzeiro said...

I'll post in on my blog, okay?