144-654: Hudud ( Arabic : حدود ) is an Arabic word meaning "borders, boundaries, limits". In classical Islamic literature, punishments are mainly of three types; Qisas - diya , hudud and Ta'zeer . Hudud covers the punishments given to people who exceed the limits associated with the Quran and set by Allah (Hududullah is a phrase repeated several times in the Quran without labeling any type of crime ), and in this respect it differs from Ta'zeer ( Arabic : تعزير , lit. 'penalty'). These punishments were applied in pre-modern Islam, and their use in some modern states has been
288-478: A hadd crime." Rape was traditionally prosecuted under legal categories requiring less stringent evidentiary rules. In Pakistan, the Hudood Ordinances of 1979 subsumed prosecution of rape under the category of zina, making rape extremely difficult to prove and exposing the victims to jail sentences for admitting illicit intercourse. The resulting controversy prompted the law to be amended in 2006, though
432-637: A hudud punishment is based on Quran 24:4 , 24:6 , among others Quranic verse. Those who accuse chaste women ˹of adultery˺ and fail to produce four witnesses, give them eighty lashes ˹each˺. And do not ever accept any testimony from them—for they are indeed the rebellious— The crime of drinking alcohol is referred to in Quranic verse 5:90 , and hudud punishment is described in hadiths : O believers! Intoxicants, gambling, idols, and drawing lots for decisions are all evil of Satan's handiwork. So shun them so you may be successful. The sahih hadiths ,
576-496: A Muslim parent or grandparent kills their child or grandchild, or if the murder victim is a spouse with whom one has surviving children. The culprit can be, however, subject to Diyya (financial compensation) which is payable to the surviving heirs of the victims or punished through Tazir which is a Fixed punishment given by the Judge or Ruler. The four major schools of Sunni Sharia have been divided on applicability of qisas when
720-470: A Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder , a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." Narrated Anas: The daughter of An-Nadr slapped a girl and broke her incisor tooth. They (the relatives of that girl), came to
864-414: A Muslim. Maliki fiqh does made an exception to the ban on applying qisas against a Muslim when their victim is a dhimmi in cases where the murder of the dhimmi is treacherous in nature. According to Hanbali legal school, if a Muslim kills or harms a non-Muslim, even if intentionally, qisas does not apply, and the sharia court may only impose a diyya (monetary compensation) with or without
1008-575: A collection of related dialects that constitute the precursor of Arabic, first emerged during the Iron Age . Previously, the earliest attestation of Old Arabic was thought to be a single 1st century CE inscription in Sabaic script at Qaryat al-Faw , in southern present-day Saudi Arabia. However, this inscription does not participate in several of the key innovations of the Arabic language group, such as
1152-463: A compilation of sayings, practices and traditions of Muhammad as observed by his companions , are considered by Sunni Muslims to be the most trusted source of Islamic law after the Quran . They extensively describe hudud crimes and punishments. In some cases Islamic scholars have used hadiths to establish hudud punishments, which are not mentioned in the Quran. Thus, stoning as punishment for zina
1296-435: A corpus of poetic texts, in addition to Qur'an usage and Bedouin informants whom he considered to be reliable speakers of the ʿarabiyya . Arabic spread with the spread of Islam . Following the early Muslim conquests , Arabic gained vocabulary from Middle Persian and Turkish . In the early Abbasid period , many Classical Greek terms entered Arabic through translations carried out at Baghdad's House of Wisdom . By
1440-449: A crime wave of theft the ulama "begged their new sultan ... to implement harsh punishments" outside of sharia. The hands of arrested thieves were not being cut off because evidentiary standards were so strict, nor were they deterred by the ten lashes (discretionary punishment or tazir ) that Shariah courts were limited to by hadith . A number of scholars/reformers have suggested that traditional hudud penalties "may have been suitable for
1584-465: A decree "ordering that robbers and car thieves should lose their hands". Brunei adopted hudud laws in 2014. Enforcement of hudud punishments has varied from country to country. In Pakistan and Libya , hudud punishments have not been applied at all because of strict requirements. In Nigeria local courts have passed several stoning sentences for zina, all of which were overturned on appeal and left unenforced because of lack of enough evidence. During
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#17327659209161728-1081: A dialect of Arabic and written in the Latin alphabet . The Balkan languages, including Albanian, Greek , Serbo-Croatian, and Bulgarian , have also acquired many words of Arabic origin, mainly through direct contact with Ottoman Turkish . Arabic has influenced languages across the globe throughout its history, especially languages where Islam is the predominant religion and in countries that were conquered by Muslims. The most markedly influenced languages are Persian , Turkish , Hindustani ( Hindi and Urdu ), Kashmiri , Kurdish , Bosnian , Kazakh , Bengali , Malay ( Indonesian and Malaysian ), Maldivian , Pashto , Punjabi , Albanian , Armenian , Azerbaijani , Sicilian, Spanish, Greek, Bulgarian, Tagalog , Sindhi , Odia , Hebrew and African languages such as Hausa , Amharic , Tigrinya , Somali , Tamazight , and Swahili . Conversely, Arabic has borrowed some words (mostly nouns) from other languages, including its sister-language Aramaic, Persian, Greek, and Latin and to
1872-457: A free man, slave for a slave and female for a female' it is intended to negate their absurd demand that a free man for a slave and man for a woman should be killed in retaliation, even though he may not be the killer. The just law that Islam enforced was that the killer is the one who has to be killed in Qisas. If a woman is the killer why should an innocent man be killed in retaliation? Similarly, if
2016-474: A hand as providing strong deterrence against theft, while at the same time the numerous requirements for its application make it seldom used and thus more humane than other punishments. Supporters include Abdel-Halim Mahmoud, the rector of Azhar from 1973 to 1978, who stated it was not only ordained by God but when implemented by Ibn Saud in Saudi Arabia brought law and order to his land — though amputation
2160-487: A lesser extent and more recently from Turkish, English, French, and Italian. Arabic is spoken by as many as 380 million speakers, both native and non-native, in the Arab world, making it the fifth most spoken language in the world, and the fourth most used language on the internet in terms of users. It also serves as the liturgical language of more than 2 billion Muslims . In 2011, Bloomberg Businessweek ranked Arabic
2304-472: A life has been lost, and Qisas when a part of a human body has been lost. In cases of qisas for life, the victim's family may with the permission of court, take the life of the murderer. In cases of qisas for part of a human body, section 55 of Iran's penal code grants the victim or victim's family to inflict an equal injury to the perpetrator's body, provided they are given permission by the court. (The code also spells out what to do in different circumstances. If
2448-608: A married person". She was held in Omdurman prison with her legs shackled, along with her 5-month-old baby. (She was released on July 3, 2012 after an international outcry.) The hudud punishment for zinā in cases of consensual sex and the punishment of rape victims who failed to prove the coercion, which has occurred in some countries, have been the subject of a global human rights debate. In Pakistan many rape victims who have failed to prove accusations have been jailed this has been criticized as leading to "hundreds of incidents where
2592-649: A master who kills his slave should not face capital punishment under the retaliation doctrine. If a Muslim or a dhimmi killed a Musta'min (foreigner visiting) who did not enjoy permanent protection in Dar al-Islam and might take up arms against Muslims after returning to his homeland (dar al-harb), neither Qisas nor Diyya applied against the Musta'min's murderer according to Hanafi fiqh according to Yohanan Friedmann. But Abdul Aziz bin Mabrouk Al-Ahmadi narrates that
2736-587: A millennium before the modern period . Early lexicographers ( لُغَوِيُّون lughawiyyūn ) sought to explain words in the Quran that were unfamiliar or had a particular contextual meaning, and to identify words of non-Arabic origin that appear in the Quran. They gathered shawāhid ( شَوَاهِد 'instances of attested usage') from poetry and the speech of the Arabs—particularly the Bedouin ʾaʿrāb [ ar ] ( أَعْراب ) who were perceived to speak
2880-545: A month; except for witnesses with a valid legal justifications for delayed testimony or in cases of self-confession. Marja' following Shia jurisprudence generally believe that hudud punishments can be changed by appropriately qualified jurists. Murder, injury and property damage are not hudud crimes in Islamic criminal jurisprudence , and are subsumed under other categories of Islamic penal law in Iran which are: Because
3024-431: A number of differences in views between the different madhhabs with regard to the punishments appropriate in specific situations and the required process before they are carried out. There are also legal differences ( ikhtilaf ) over the term limitation of pronouncing the punishment. Hanafite scholars assert that punishment for hadd crimes other than qadhf (false accusation of illegal sex) have to be implemented within
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#17327659209163168-509: A number of places the Quran "declares that sodomy is such a heinous sin ... that it is the duty of the Islamic State to eradicate this crime and ... punish those who are guilty of it." According to Richard Terrill, hudud punishments are considered claims of God, revealed through Muhammad, and as such immutable, unable to be altered or abolished by people, jurists or parliament. Opposition to hudud (or at least minimizing of hudud) within
3312-478: A pregnancy lasting up to seven years, indicating a concern of the jurists to shield women from the charge of zina and to protect children from the stigma of illegitimacy. These requirements made zina virtually impossible to prove in practice. If a person alleges zina and fails to provide four consistent Muslim witnesses, or if witnesses provide inconsistent testimonies, they can be sentenced to eighty lashes for unfounded accusation of fornication ( qadhf ), itself
3456-490: A prison term on the Muslim at its discretion. Qiṣāṣ is currently provided for by legal systems of several countries which apply classical/traditional Islamic jurisprudence (Saudi Arabia) or have enacted qisas laws as part of modern legal reforms. Iran 's penal code includes qisas as a method of punishment, spelled out in sections 1 through 80 of the code. The penal code outlines two types of Qisas crime - Qisas for when
3600-594: A result, many European languages have borrowed words from it. Arabic influence, mainly in vocabulary, is seen in European languages (mainly Spanish and to a lesser extent Portuguese , Catalan , and Sicilian ) owing to the proximity of Europe and the long-lasting Arabic cultural and linguistic presence, mainly in Southern Iberia, during the Al-Andalus era. Maltese is a Semitic language developed from
3744-462: A script derived from ASA attest to a language known as Hasaitic . On the northwestern frontier of Arabia, various languages known to scholars as Thamudic B , Thamudic D, Safaitic , and Hismaic are attested. The last two share important isoglosses with later forms of Arabic, leading scholars to theorize that Safaitic and Hismaic are early forms of Arabic and that they should be considered Old Arabic . Linguists generally believe that "Old Arabic",
3888-470: A single language, despite mutual incomprehensibility among differing spoken versions. From a linguistic standpoint, it is often said that the various spoken varieties of Arabic differ among each other collectively about as much as the Romance languages . This is an apt comparison in a number of ways. The period of divergence from a single spoken form is similar—perhaps 1500 years for Arabic, 2000 years for
4032-409: A slave for any reason. Instead, the schools impose Diyya on the perpetrator. Both Shafi'i and Maliki fiqh doctrines maintained that the qisas applies only when there is "the element of equality between the perpetrator and the victim", according to scholar Yohanan Friedmann. Since "equality does not exist between a Muslim and an infidel, [because] Muslims are exalted above the infidels", qisas
4176-436: A source of controversy. The only crimes for which the punishment is determined in the Quran consists of murder , adultery , adultery slander and theft . Jurists have differed as to whether apostasy from Islam and rebellion against a lawful Islamic ruler stated as hiraba are hudud crimes. Although hiraba along with the way of punishment is mentioned in the Quran, it is narrated that Muhammad applied retaliation , which
4320-650: A tremendous punishment in the Hereafter. The crime of illicit consensual sex is referred to in several verses, including Quran 24:2: As for female and male fornicators, give each of them one hundred lashes, and do not let pity for them make you lenient in ˹enforcing˺ the law of Allah, if you ˹truly˺ believe in Allah and the Last Day. And let a number of believers witness their punishment. The crime of "accusation of illicit sex against chaste women without four witnesses" and
4464-507: A type of Arabic. Cypriot Arabic is recognized as a minority language in Cyprus. The sociolinguistic situation of Arabic in modern times provides a prime example of the linguistic phenomenon of diglossia , which is the normal use of two separate varieties of the same language, usually in different social situations. Tawleed is the process of giving a new shade of meaning to an old classical word. For example, al-hatif lexicographically means
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4608-507: A variety of regional vernacular Arabic dialects , which are not necessarily mutually intelligible. Classical Arabic is the language found in the Quran , used from the period of Pre-Islamic Arabia to that of the Abbasid Caliphate . Classical Arabic is prescriptive, according to the syntactic and grammatical norms laid down by classical grammarians (such as Sibawayh ) and the vocabulary defined in classical dictionaries (such as
4752-476: A wider audience." In the wake of the industrial revolution and European hegemony and colonialism , pioneering Arabic presses, such as the Amiri Press established by Muhammad Ali (1819), dramatically changed the diffusion and consumption of Arabic literature and publications. Rifa'a al-Tahtawi proposed the establishment of Madrasat al-Alsun in 1836 and led a translation campaign that highlighted
4896-574: A woman subjected to rape, or gang rape, were eventually accused of zināʾ " and incarcerated. Kennedy states that majority of cases against women jailed on charges of zina in Pakistan are filed by their family members against disobedient daughters and estranged wives as harassment suits. Hundreds of women in Afghanistan jails are victims of rape or domestic violence, accused of zina under tazir. In Pakistan, over 200,000 zina cases against women under
5040-416: Is Almighty, All-Wise. The crime of "robbery and civil disturbance against Islam" inside a Muslim state is referred to in Quran 5:33: Indeed, the penalty for those who wage war against Allah and His Messenger and spread mischief in the land is death, crucifixion, cutting off their hands and feet on opposite sides, or exile from the land. This ˹penalty˺ is a disgrace for them in this world, and they will suffer
5184-737: Is a Central Semitic language of the Afroasiatic language family spoken primarily in the Arab world . The ISO assigns language codes to 32 varieties of Arabic , including its standard form of Literary Arabic, known as Modern Standard Arabic , which is derived from Classical Arabic . This distinction exists primarily among Western linguists; Arabic speakers themselves generally do not distinguish between Modern Standard Arabic and Classical Arabic, but rather refer to both as al-ʿarabiyyatu l-fuṣḥā ( اَلعَرَبِيَّةُ ٱلْفُصْحَىٰ "the eloquent Arabic") or simply al-fuṣḥā ( اَلْفُصْحَىٰ ). Arabic
5328-727: Is a method based on the Quran, for a similar situation, not what is stated in the relevant (5:33) verse. While those who apostates from religion are only condemned in the Quran - apart from otherworldly punishments - and are asked to "not accept their testimony forever", the classical understanding of sharia punishes them with death and some understandings also accept acts of nonworship such as "abandoning prayer and alms" as apostasy. (See: Ridda wars ) Another examples whose punishments are not specified include 80 lashes for drinking alcohol and stoning to death for adultery of married people. Again, some understandings tend to add homosexual relationships to these crimes, which are defined as an evil act in
5472-590: Is a minimum level of comprehension between all Arabic dialects, this level can increase or decrease based on geographic proximity: for example, Levantine and Gulf speakers understand each other much better than they do speakers from the Maghreb. The issue of diglossia between spoken and written language is a complicating factor: A single written form, differing sharply from any of the spoken varieties learned natively, unites several sometimes divergent spoken forms. For political reasons, Arabs mostly assert that they all speak
5616-559: Is a sister language rather than their direct ancestor. Arabia had a wide variety of Semitic languages in antiquity. The term "Arab" was initially used to describe those living in the Arabian Peninsula , as perceived by geographers from ancient Greece . In the southwest, various Central Semitic languages both belonging to and outside the Ancient South Arabian family (e.g. Southern Thamudic) were spoken. It
5760-412: Is an Islamic term interpreted to mean "retaliation in kind", " eye for an eye ", or retributive justice . Qisas and diyya applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence , the others being Hudud and Ta'zir . In ancient societies, the principle of retaliation meant that
5904-442: Is an act of mu'amalah (non-worship), thus, they think that hudud is the maximum punishment. Hudud punishments have been called incompatible with international norms of human rights and sometimes simple justice. At least one observer (Sadakat Kadri) has complained that the inspiration of faith has not been a guarantee of justice, citing as an example the execution of two dissidents for "waging war against God" ( Moharebeh ) in
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6048-453: Is based on hadiths that narrate episodes where Muhammad and his successors prescribed it. The tendency to use existence of a shubha (lit. doubt, uncertainty) to avoid hudud punishments is based on a hadith that states "avert hadd punishment in case of shubha ". The offences subject to hudud punishment: Other situations that are considered Hudud crimes by some understandings Punished with death followed by crucifixion, amputation of
6192-478: Is believed that the ancestors of the Modern South Arabian languages (non-Central Semitic languages) were spoken in southern Arabia at this time. To the north, in the oases of northern Hejaz , Dadanitic and Taymanitic held some prestige as inscriptional languages. In Najd and parts of western Arabia, a language known to scholars as Thamudic C is attested. In eastern Arabia, inscriptions in
6336-408: Is credited with establishing the rules of Arabic prosody . Al-Jahiz (776–868) proposed to Al-Akhfash al-Akbar an overhaul of the grammar of Arabic, but it would not come to pass for two centuries. The standardization of Arabic reached completion around the end of the 8th century. The first comprehensive description of the ʿarabiyya "Arabic", Sībawayhi's al - Kitāb , is based first of all upon
6480-472: Is credited with standardizing Arabic grammar , or an-naḥw ( النَّحو "the way" ), and pioneering a system of diacritics to differentiate consonants ( نقط الإعجام nuqaṭu‿l-i'jām "pointing for non-Arabs") and indicate vocalization ( التشكيل at-tashkīl ). Al-Khalil ibn Ahmad al-Farahidi (718–786) compiled the first Arabic dictionary, Kitāb al-'Ayn ( كتاب العين "The Book of the Letter ع "), and
6624-481: Is forgiven by the brother of the slain for a price, let him abide by the custom and pay the price well." In the tasfir of this verse, Al-Shafi'i provides: 'On the authority of Ibn Abi Hatim, Ibn Kathir has reported that, just before the advent of Islam, war broke out between two tribes. Many men and women, free and slaves, belonging to both, were killed. Their case was still undecided when the Islamic period set in and
6768-457: Is not available to an infidel victim when the crime's perpetrator is a Muslim. In Shafi'i fiqh, this inequality was also expressed in diyya compensation payment to the heirs of a dhimmi victim's which should be a third of what would be due in case the victim was a Muslim. In Maliki fiqh, compensation for a non-Muslim in the case of unintentional killing, bodily or property damage should be half of what would be due for an equivalent damage to
6912-495: Is not effectively enforced, and the court can assess a child defendant's physical characteristics to decide if he or she should be tried as an adult. In most cases, a person who satisfies at least one of the following four characteristics is considered as an adult for qisas cases: (1) above the age of 15, (2) has wet dreams ( al-ihtilam ), (3) any appearance of pubic hair, or (4) start of menstruation. Qisas principle, when enforced in Saudi Arabia, means equal retaliation and damage on
7056-519: Is not present in the spoken varieties, but deletes Classical words that sound obsolete in MSA. In addition, MSA has borrowed or coined many terms for concepts that did not exist in Quranic times, and MSA continues to evolve. Some words have been borrowed from other languages—notice that transliteration mainly indicates spelling and not real pronunciation (e.g., فِلْم film 'film' or ديمقراطية dīmuqrāṭiyyah 'democracy'). The current preference
7200-855: Is official in Mali and recognized as a minority language in Morocco, while the Senegalese government adopted the Latin script to write it. Maltese is official in (predominantly Catholic ) Malta and written with the Latin script . Linguists agree that it is a variety of spoken Arabic, descended from Siculo-Arabic , though it has experienced extensive changes as a result of sustained and intensive contact with Italo-Romance varieties, and more recently also with English. Due to "a mix of social, cultural, historical, political, and indeed linguistic factors", many Maltese people today consider their language Semitic but not
7344-455: Is provided of his crime and then he retracts his confession, the punishment of amputation is dropped according to the more correct opinion in the Shafi school, because the establishment [of guilt] came by confession not by the direct evidence. So his retraction is accepted. Those arguing in favor of that the hudud punishment of amputation for theft often describe the visceral horror/fear of losing
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#17327659209167488-572: Is the third most widespread official language after English and French, one of six official languages of the United Nations , and the liturgical language of Islam . Arabic is widely taught in schools and universities around the world and is used to varying degrees in workplaces, governments and the media. During the Middle Ages , Arabic was a major vehicle of culture and learning, especially in science, mathematics and philosophy. As
7632-536: Is the punishment of the offender exactly the same crime committed, for a person who is raped to death or beheaded, the plain death sentence to be given to the murderer does not mean that qisas has been fulfilled. In the early history of Islam, there were considerable disagreements in Muslim judicial opinions on applicability of qisas and diyya when a Muslim murdered a non-Muslim ( Dhimmi , Musta'min or slave). (In yet another class were murdered apostates from and blasphemers of Islam, non-Muslims who does not enjoy
7776-590: Is the variety used in most current, printed Arabic publications, spoken by some of the Arabic media across North Africa and the Middle East, and understood by most educated Arabic speakers. "Literary Arabic" and "Standard Arabic" ( فُصْحَى fuṣḥá ) are less strictly defined terms that may refer to Modern Standard Arabic or Classical Arabic. Some of the differences between Classical Arabic (CA) and Modern Standard Arabic (MSA) are as follows: MSA uses much Classical vocabulary (e.g., dhahaba 'to go') that
7920-413: Is to avoid direct borrowings, preferring to either use loan translations (e.g., فرع farʻ 'branch', also used for the branch of a company or organization; جناح janāḥ 'wing', is also used for the wing of an airplane, building, air force, etc.), or to coin new words using forms within existing roots ( استماتة istimātah ' apoptosis ', using the root موت m/w/t 'death' put into
8064-524: Is used to denote concepts that have arisen in the industrial and post-industrial era , especially in modern times. Due to its grounding in Classical Arabic, Modern Standard Arabic is removed over a millennium from everyday speech, which is construed as a multitude of dialects of this language. These dialects and Modern Standard Arabic are described by some scholars as not mutually comprehensible. The former are usually acquired in families, while
8208-612: Is why they have been so infrequently applied both historically and recently. There is only one record of a stoning in the entire history of Ottoman Empire, and none at all in Syria during Muslim rule. Modern states that "have so publicly enshrined them over the past few decades have gone to great lengths to avoid their imposition." There was only one amputation apiece in Northern Nigeria and Libya, no stonings in Nigeria. In Pakistan
8352-445: The Lisān al-ʻArab ). Modern Standard Arabic (MSA) largely follows the grammatical standards of Classical Arabic and uses much of the same vocabulary. However, it has discarded some grammatical constructions and vocabulary that no longer have any counterpart in the spoken varieties and has adopted certain new constructions and vocabulary from the spoken varieties. Much of the new vocabulary
8496-506: The Arabian peninsula . The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of Sharia. Reinstatement of hudud punishments has had particular symbolic importance for these groups because of their Quranic origin, and their advocates have often disregarded the stringent traditional restrictions on their application. In practice, in the countries where hudud have been incorporated into
8640-503: The Hudood Ordinances . In July 1980 Iran stoned to death four offenders in Kerman . By the late 1980s, Mauritania and Sudan had "enacted laws to grant courts the power to hand down hadd penalties". During the 1990s Somalia , Yemen , Afghanistan , and northern Nigeria followed suit. In 1994 the Iraqi president Saddam Hussein (who had persecuted and executed many Islamists), issued
8784-595: The Muslim Brotherhood has taken "a distinctly ambivalent approach" toward hudud penalties with "practical plans to put them into effect ... given a very low priority;" and in Pakistan, Munawar Hasan , then Ameer (leader) of the Jamaat-e-Islami , has stated that "unless and until we get a just society, the question of punishment is just a footnote." Supporting hudud punishments are Islamic revivalists such as Abul A'la Maududi who writes that in
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#17327659209168928-531: The Quran . The punishments for these offenses are drawn from both the Quran and the Sunnah . The Quran does not define the offenses precisely: their definitions were elaborated in fiqh (Islamic jurisprudence). The Qur'an describes several hudud crimes and in some cases sets out punishments. The hudud crime of theft is referred to in Quran verse 5:38: As for male and female thieves, cut off their hands for what they have done—a deterrent from Allah. And Allah
9072-521: The United Arab Emirates , Qatar , and the northern states of Nigeria currently apply qisas . A legal concept similar to qisas is the principle of " eye for an eye " first recorded in the Code of Hammurabi . The qisas قصاص in Quran is, O ye who believe! Retaliation is prescribed for you in the matter of the murdered; the freeman for the freeman, and the slave for the slave, and
9216-568: The Xth form , or جامعة jāmiʻah 'university', based on جمع jamaʻa 'to gather, unite'; جمهورية jumhūriyyah 'republic', based on جمهور jumhūr 'multitude'). An earlier tendency was to redefine an older word although this has fallen into disuse (e.g., هاتف hātif 'telephone' < 'invisible caller (in Sufism)'; جريدة jarīdah 'newspaper' < 'palm-leaf stalk'). Colloquial or dialectal Arabic refers to
9360-494: The northern Hejaz . These features are evidence of common descent from a hypothetical ancestor , Proto-Arabic . The following features of Proto-Arabic can be reconstructed with confidence: On the other hand, several Arabic varieties are closer to other Semitic languages and maintain features not found in Classical Arabic, indicating that these varieties cannot have developed from Classical Arabic. Thus, Arabic vernaculars do not descend from Classical Arabic: Classical Arabic
9504-409: The qisas principle, as well as to other punishments such as hudud and tazir. Murder and manslaughter are private offenses in Saudi Arabia, which a victim or victim's heirs must prosecute, or accept monetary compensation, or grant pardon. The sharia courts in Saudi Arabia apply Qisas to juvenile cases, with previous limit of 7 year raised to 12 year age limit, for both boys or girls. This age limit
9648-426: The "country's medical profession collectively refused to supervise amputations throughout the 1980s", and "more than three decades of official Islamization have so far failed to produce a single actual stoning or amputation." (Saudi Arabia is the exception with four stonings and 45 amputations during the 1980s though they were overturned because of lack of required evidence.) Among two of the leading Islamist movements,
9792-419: The "learned" tradition (Classical Arabic). This variety and both its classicizing and "lay" iterations have been termed Middle Arabic in the past, but they are thought to continue an Old Higazi register. It is clear that the orthography of the Quran was not developed for the standardized form of Classical Arabic; rather, it shows the attempt on the part of writers to record an archaic form of Old Higazi. In
9936-863: The "purest," most eloquent form of Arabic—initiating a process of jamʿu‿l-luɣah ( جمع اللغة 'compiling the language') which took place over the 8th and early 9th centuries. Kitāb al-'Ayn ( c. 8th century ), attributed to Al-Khalil ibn Ahmad al-Farahidi , is considered the first lexicon to include all Arabic roots ; it sought to exhaust all possible root permutations —later called taqālīb ( تقاليب ) — calling those that are actually used mustaʿmal ( مستعمَل ) and those that are not used muhmal ( مُهمَل ). Lisān al-ʿArab (1290) by Ibn Manzur gives 9,273 roots, while Tāj al-ʿArūs (1774) by Murtada az-Zabidi gives 11,978 roots. Qisas Qisas or Qiṣāṣ ( Arabic : قِصَاص , romanized : Qiṣāṣ , lit. 'accountability, following up after, pursuing or prosecuting')
10080-454: The 11th and 12th centuries in al-Andalus , the zajal and muwashah poetry forms developed in the dialectical Arabic of Cordoba and the Maghreb. The Nahda was a cultural and especially literary renaissance of the 19th century in which writers sought "to fuse Arabic and European forms of expression." According to James L. Gelvin , " Nahda writers attempted to simplify the Arabic language and script so that it might be accessible to
10224-573: The 19th century, Sharia-based criminal laws were replaced by statutes inspired by European models nearly everywhere in the Islamic world, except some particularly conservative regions such as the Arabian peninsula. Under pressure from Islamist movements, recent decades have witnessed re-introduction of hudud punishments and by 2013 about a dozen of the 50 or so Muslim-majority countries had made hudud applicable, many countries have disregarded traditional strict requirements. In 1979 Pakistan instituted
10368-519: The 4th to the 6th centuries, the Nabataean script evolved into the Arabic script recognizable from the early Islamic era. There are inscriptions in an undotted, 17-letter Arabic script dating to the 6th century CE, found at four locations in Syria ( Zabad , Jebel Usays , Harran , Umm el-Jimal ). The oldest surviving papyrus in Arabic dates to 643 CE, and it uses dots to produce the modern 28-letter Arabic alphabet. The language of that papyrus and of
10512-779: The 8th century, knowledge of Classical Arabic had become an essential prerequisite for rising into the higher classes throughout the Islamic world, both for Muslims and non-Muslims. For example, Maimonides , the Andalusi Jewish philosopher, authored works in Judeo-Arabic —Arabic written in Hebrew script . Ibn Jinni of Mosul , a pioneer in phonology , wrote prolifically in the 10th century on Arabic morphology and phonology in works such as Kitāb Al-Munṣif , Kitāb Al-Muḥtasab , and Kitāb Al-Khaṣāʾiṣ [ ar ] . Ibn Mada' of Cordoba (1116–1196) realized
10656-619: The Hanafi scholars say that Musta'min is entitled to Diyya equal to Diyya of a Muslim, and he quotes this opinion from a group of other muslim scholars, including a some of Companions of the Prophet , and he also narrates that this is one of the opinions of the Hanbalis if the killing occurred intentionally. Non-Hanafi jurists have historically ruled that qisas does not apply against a Muslim, if he murders any non-Muslim (including dhimmi) or
10800-467: The Hudood laws were under way at various levels in Pakistan's legal system in 2005. In addition to thousands of women in prison awaiting trial for zina -related charges, rape victims in Pakistan have been reluctant to report rape because they feared being charged with zina . The resulting controversy prompted the law to be amended in 2006, though the amended version has been criticized for continuing to blur
10944-564: The Islamic Republic of Iran—the dissidents waging war by organizing unarmed political protests. The Hudood Ordinance in Pakistan led to the jailing of thousands of women on zina-related charges, were used to file "nuisance or harassment suits against disobedient daughters or estranged wives". The sentencing to death of women in Pakistan, Nigeria, Sudan for zina caused international uproar, being perceived as not only as too harsh, but an "odious" punishment of victims not wrongdoers. Among
11088-515: The Last Day, and remembers Allah often. ...It is not for a believing man or woman—when Allah and His Messenger decree a matter—to have any other choice in that matter. Indeed, whoever disobeys Allah and His Messenger has clearly gone ˹far˺ astray. Arabic language Arabic (endonym: اَلْعَرَبِيَّةُ , romanized : al-ʿarabiyyah , pronounced [al ʕaraˈbijːa] , or عَرَبِيّ , ʿarabīy , pronounced [ˈʕarabiː] or [ʕaraˈbij] )
11232-412: The Middle East and North Africa have become a badge of sophistication and modernity and ... feigning, or asserting, weakness or lack of facility in Arabic is sometimes paraded as a sign of status, class, and perversely, even education through a mélange of code-switching practises." Arabic has been taught worldwide in many elementary and secondary schools, especially Muslim schools. Universities around
11376-488: The Muslim, but this could be averted by paying a Diyya. In one case, the Hanafi jurist Abu Yusuf initially ordered Qisas when a Muslim killed a dhimmi, but under Caliph Harun al-Rashid 's pressure replaced the order with Diyya if the victim's family members were unable to prove the victim was paying jizya willingly as a dhimmi. According to Fatawa-e-Alamgiri , a 17th-century compilation of Hanafi fiqh in South Asia,
11520-493: The Prophet and he gave the order of Qisas (equality in punishment). Many premodern Islamic scholars ruled, based on hadith, that when the victim was a non-Muslim dhimmi or a non-Muslim slave owned by a Muslim, only diya (blood money) and not qisas should be available as compensation. Narrated Abu Juhaifa: I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what
11664-641: The Qur'an is referred to by linguists as "Quranic Arabic", as distinct from its codification soon thereafter into " Classical Arabic ". In late pre-Islamic times, a transdialectal and transcommunal variety of Arabic emerged in the Hejaz , which continued living its parallel life after literary Arabic had been institutionally standardized in the 2nd and 3rd century of the Hijra , most strongly in Judeo-Christian texts, keeping alive ancient features eliminated from
11808-535: The Qur'an with an undefined response such as "torment them" (4ː16). Traditional Islamic jurisprudence ( Arabic : فقه , romanized : fiqh ) divides crimes into offenses against God ( Arabic : جرائم ضد الله ) and those against man ( Arabic : جرائم ضد الناس ). The former are seen to violate God's hudud or "boundaries", and they are associated with punishments specified in the Qur'an and in some cases inferred from ahadith . Hudud crimes cannot be pardoned by
11952-497: The Quran in formulating Islamic Law, which would exclude stoning (though not amputation, flogging or execution for some crimes). The vast majority of Muslims and most Islamic scholars, however, consider both Quran and sahih hadiths to be a valid source of Sharia, with Quranic verse 33.21, among others, as justification for this belief. Indeed, in the Messenger of Allah you have an excellent example for whoever has hope in Allah and
12096-576: The Romance languages. Also, while it is comprehensible to people from the Maghreb , a linguistically innovative variety such as Moroccan Arabic is essentially incomprehensible to Arabs from the Mashriq , much as French is incomprehensible to Spanish or Italian speakers but relatively easily learned by them. This suggests that the spoken varieties may linguistically be considered separate languages. With
12240-548: The Shafii, Hanbali, and Hanafi law schools Rajm (public stoning) or lashing is imposed for religiously prohibited sex only if the crime is proven, either by four male adults witnessing at first hand the actual sexual intercourse at the same time or by self-confession. For the establishment of adultery, four male Muslim witnesses must have seen the act in its most intimate details. Shia Islam allows substitution of one male Muslim with two female Muslims, but requires that at least one of
12384-551: The Shariat Appellate Bench of the Supreme Court of Pakistan declared that the lack of qisas and diyat were repugnant to the injunctions of Islam as laid down by the Quran and Sunnah. Pakistani parliament enacted the law of Qisas and Diyat as Criminal Law (Amendment) Act, 1997 . An offender may still be punished despite pardoning by way of ta'zīr or if not all the persons entitled to Qisas joined in
12528-409: The age in which Muhammad lived" but are no longer, or that "new expression" for "the underlying religious principles and values" of Hudud should be developed. Tariq Ramadan has called for an international moratorium on the punishments of hudud laws until greater scholarly consensus can be reached. Many contemporary Muslim scholars think that the hudud punishments are not absolute obligations as it
12672-639: The amended version is still criticized by some for blurring the legal distinction between rape and consensual sex. Malik ibn Anas , the originator of the Maliki judicial school of thought, recorded in The Muwatta of many detailed circumstances under which the punishment of hand cutting should and should not be carried out. Commenting on the verse in the Quran on theft, Yusuf Ali says that most Islamic jurists believe that "petty thefts are exempt from this punishment" and that "only one hand should be cut off for
12816-467: The compromise. The Pakistan Penal Code modernized the Hanafi doctrine of qisas and diya by eliminating distinctions between Muslims and non-Muslims. Since the 1960s, several northern states of Nigeria have enacted sharia-based criminal laws, including provisions for qisas . These codes have been applied in the Sharia Courts of Nigeria to Muslims. Many have been sentenced to retaliation under
12960-410: The continuation of the verse, another condition for financial compensation is considered. According to this, it is claimed that the deceased person must live in the same community with the believers or the society in which the deceased lives must have an agreement with the believers. The two-month fasting that the murderer will keep in case of financial inadequacy is considered sufficient as a reward for
13104-574: The conversion of Semitic mimation to nunation in the singular. It is best reassessed as a separate language on the Central Semitic dialect continuum. It was also thought that Old Arabic coexisted alongside—and then gradually displaced— epigraphic Ancient North Arabian (ANA), which was theorized to have been the regional tongue for many centuries. ANA, despite its name, was considered a very distinct language, and mutually unintelligible, from "Arabic". Scholars named its variant dialects after
13248-503: The crime ( qisas ) or monetary compensation ( diya ); and for other crimes the form of punishment is left to the judge's discretion ( ta'zir ). Criminals who escaped a hudud punishment could still receive a ta'zir sentence. In the 21st century , hudud , including amputation of limbs, is part of the legal systems of Afghanistan , Brunei , Iran , Mauritania , Saudi Arabia , the United Arab Emirates , Yemen , and northern part of Nigeria . Hudud offenses are mentioned in
13392-411: The crime (Surah Al-Nisa; 176). On the other hand, the later jurists stipulates "the element of intent" in case of physical injury and killing acts as well as other conditions determined for bodily retaliation. The applicability of the punishment of qisas has been conditioned by the fiqhists on a large number of conditions, such as the innocence of the injured person or the victim. Injury which may be
13536-716: The defendant. According to reports in Saudi media, in 2013, a court in Saudi Arabia sentenced a defendant to have his spinal cord severed to paralyze him, unless he paid one million Saudi riyals (about US$ 270,000) in Diyya compensation to the victim. The offender allegedly stabbed his friend in the back, rendering him paralysed from the waist down in or around 2003. Other reported sentences of qisas in KSA have included eye gouging, tooth extraction, and death in cases of murder. According to most variations of Islamic Law, qisas does not apply if
13680-587: The emergence of Central Semitic languages, particularly in grammar. Innovations of the Central Semitic languages—all maintained in Arabic—include: There are several features which Classical Arabic, the modern Arabic varieties, as well as the Safaitic and Hismaic inscriptions share which are unattested in any other Central Semitic language variety, including the Dadanitic and Taymanitic languages of
13824-728: The eve of the conquests: Northern and Central (Al-Jallad 2009). The modern dialects emerged from a new contact situation produced following the conquests. Instead of the emergence of a single or multiple koines, the dialects contain several sedimentary layers of borrowed and areal features, which they absorbed at different points in their linguistic histories. According to Veersteegh and Bickerton, colloquial Arabic dialects arose from pidginized Arabic formed from contact between Arabs and conquered peoples. Pidginization and subsequent creolization among Arabs and arabized peoples could explain relative morphological and phonological simplicity of vernacular Arabic compared to Classical and MSA. In around
13968-473: The execution of a member of the murderer's tribe who was equivalent to the murdered, in that the murdered person was male or female, slave or free, elite or commonplace. For example, only one slave can be killed for a slave, and a woman can be killed for a woman. On this pre-islamic understandings the discussion whether a Muslim could be executed for a non-Muslim was added in Islamic period. The legal systems of Afghanistan , Iran , Pakistan , Saudi Arabia ,
14112-607: The fact that they participate in the innovations common to all forms of Arabic. The earliest attestation of continuous Arabic text in an ancestor of the modern Arabic script are three lines of poetry by a man named Garm(')allāhe found in En Avdat, Israel , and dated to around 125 CE. This is followed by the Namara inscription , an epitaph of the Lakhmid king Imru' al-Qays bar 'Amro, dating to 328 CE, found at Namaraa, Syria. From
14256-400: The female for the female. And for him who is forgiven somewhat by his (injured) brother, prosecution according to usage and payment unto him in kindness. This is an alleviation and a mercy from your Lord. He who transgresseth after this will have a painful doom. The Quran allows the aggrieved party to receive monetary compensation (blood money, diyya , دية ) instead of qisas , or forfeit
14400-461: The first theft." Islamic jurists disagree as to when amputation is mandatory religious punishment. This is a fatwa given by Taqī al-Dīn ʿAlī b. ʿAbd al-Kāfī al-Subkī (d. 756/1356), a senior Shafi scholar and judge from one of the leading scholarly families of Damascus: The Imam and Shaykh said: It has been agreed upon that the Hadd [punishment] is obligatory for one who has committed theft and [for whom
14544-550: The first two years when Sharia was made state law in Sudan (1983 and 1985), a hudud punishment for theft was inflicted on some criminals, and then discontinued though not repealed. Floggings for moral crimes have been carried out since the codification of Islamic law in Sudan in 1991 and continue. In 2012 a Sudanese court sentenced Intisar Sharif Abdallah, a teenager, to death by stoning in the city of Omdurman under article 146 of Sudan's Criminal Act after charging her with "adultery with
14688-476: The following conditions apply]: # [the item] was taken from a place generally considered secure ( ḥirz ) All of this was said by ʿAlī b. Aḥmad b. Saʿīd (probably Ibn Ḥazm , d. 1064). And the Imam and Shaykh added: and it is also on the condition that [the thief's] confession not precede the testimony and then after it he retracts [his confession]. For if the thief does that first and then direct evidence ( bayyina )
14832-510: The fourth most useful language for business, after English, Mandarin Chinese , and French. Arabic is written with the Arabic alphabet , an abjad script that is written from right to left . Arabic is usually classified as a Central Semitic language . Linguists still differ as to the best classification of Semitic language sub-groups. The Semitic languages changed between Proto-Semitic and
14976-749: The framework of Islam comes in more than one form. Some (such as elements of the MB and JI mentioned above) support making its application wait for the creation of a "just society" where people are not "driven to steal in order to survive." Another follows the Modernist approach calling for hudud and other parts of Sharia to be re-interpreted from the classical form and follow broad guidelines rather than exact all-encompassing prescriptions. Others consider hudud punishments "essentially deterrent in nature" to be applied very, very infrequently. Others (particularly Quranists ) propose excluding ahadith and using only verses in
15120-597: The inclusion of new words into their published standard dictionaries. They also publish old and historical Arabic manuscripts. In 1997, a bureau of Arabization standardization was added to the Educational, Cultural, and Scientific Organization of the Arab League . These academies and organizations have worked toward the Arabization of the sciences, creating terms in Arabic to describe new concepts, toward
15264-448: The judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever) ." Classical/traditional Islamic jurisprudence ( fiqh ) treats homicide as a civil dispute between victim and perpetrator, rather than an act requiring corrective punishment by the state to maintain order. In all cases of murder, unintentional homicide, bodily injury and property damage, under classical/traditional Islamic law,
15408-528: The killer is a slave, there is no sense in retaliating against an innocent free man. This is an injustice which can never be tolerated in Islam.' The element of "intention" is taken into account in only one of the accusations in the Quran (killing and in a single case (a believers killing another believer) and in return for this, a slave should be freed and to the family of the killed one, should be paid "unspecified" financial compensation ( diyya ). However, in
15552-613: The language. Software and books with tapes are an important part of Arabic learning, as many of Arabic learners may live in places where there are no academic or Arabic language school classes available. Radio series of Arabic language classes are also provided from some radio stations. A number of websites on the Internet provide online classes for all levels as a means of distance education; most teach Modern Standard Arabic, but some teach regional varieties from numerous countries. The tradition of Arabic lexicography extended for about
15696-604: The late 6th century AD, a relatively uniform intertribal "poetic koine" distinct from the spoken vernaculars developed based on the Bedouin dialects of Najd , probably in connection with the court of al-Ḥīra . During the first Islamic century, the majority of Arabic poets and Arabic-writing persons spoke Arabic as their mother tongue. Their texts, although mainly preserved in far later manuscripts, contain traces of non-standardized Classical Arabic elements in morphology and syntax. Abu al-Aswad al-Du'ali ( c. 603 –689)
15840-420: The latter is taught in formal education settings. However, there have been studies reporting some degree of comprehension of stories told in the standard variety among preschool-aged children. The relation between Modern Standard Arabic and these dialects is sometimes compared to that of Classical Latin and Vulgar Latin vernaculars (which became Romance languages ) in medieval and early modern Europe. MSA
15984-486: The legal code under Islamist pressure, they have often been used sparingly or not at all, and their application has varied depending on local political climate. Their use has been a subject of criticism and debate. Hudud is not the only form of punishment under Sharia . For offenses against man—the other type of crime in Sharia—that involve inflicting bodily harm Islamic law prescribes a retaliatory punishment analogous to
16128-659: The legal distinction between rape and consensual sex. Crucifixion in Islam, at least in Saudi Arabia , takes the form of displaying beheaded remains of a perpetrator "for a few hours on top of a pole". They are far fewer in number than executions. One case was that of Muhammad Basheer al-Ranally who was executed and crucified on December 7, 2009 for "spreading disorder in the land" by kidnapping, raping and murdering several young boys. ISIS has also reportedly crucified prisoners. There are certain standards for proof that must be met in Islamic law for zina punishment to apply. In
16272-883: The many national or regional varieties which constitute the everyday spoken language. Colloquial Arabic has many regional variants; geographically distant varieties usually differ enough to be mutually unintelligible , and some linguists consider them distinct languages. However, research indicates a high degree of mutual intelligibility between closely related Arabic variants for native speakers listening to words, sentences, and texts; and between more distantly related dialects in interactional situations. The varieties are typically unwritten. They are often used in informal spoken media, such as soap operas and talk shows , as well as occasionally in certain forms of written media such as poetry and printed advertising. Hassaniya Arabic , Maltese , and Cypriot Arabic are only varieties of modern Arabic to have acquired official recognition. Hassaniya
16416-415: The murderers. Some suggest that this exemption of parents and relatives from Qisas, and the treatment of homicide-related qisas as a civil dispute that should be handled privately by victim's family under sharia doctrine, encourages honor crimes , particularly against females, as well as allows the murderer(s) to go unpunished. This, state Devers and Bacon, is why many honor crimes are not reported to
16560-782: The need for a lexical injection in Arabic, to suit concepts of the industrial and post-industrial age (such as sayyārah سَيَّارَة 'automobile' or bākhirah باخِرة 'steamship'). In response, a number of Arabic academies modeled after the Académie française were established with the aim of developing standardized additions to the Arabic lexicon to suit these transformations, first in Damascus (1919), then in Cairo (1932), Baghdad (1948), Rabat (1960), Amman (1977), Khartum [ ar ] (1993), and Tunis (1993). They review language development, monitor new words and approve
16704-424: The one whose sound is heard but whose person remains unseen. Now the term al-hatif is used for a telephone. Therefore, the process of tawleed can express the needs of modern civilization in a manner that would appear to be originally Arabic. In the case of Arabic, educated Arabs of any nationality can be assumed to speak both their school-taught Standard Arabic as well as their native dialects, which depending on
16848-549: The overhaul of Arabic grammar first proposed by Al-Jahiz 200 years prior. The Maghrebi lexicographer Ibn Manzur compiled Lisān al-ʿArab ( لسان العرب , "Tongue of Arabs"), a major reference dictionary of Arabic, in 1290. Charles Ferguson 's koine theory claims that the modern Arabic dialects collectively descend from a single military koine that sprang up during the Islamic conquests; this view has been challenged in recent times. Ahmad al-Jallad proposes that there were at least two considerably distinct types of Arabic on
16992-411: The people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and
17136-405: The person who committed a crime or the tribe to which he belonged was punished in a manner, equivalent to the crime committed. So, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since there was no principle of individual responsibility in ancient societies , someone else, such as the closest relative, could be punished instead of the criminal. Most of the time, it
17280-522: The police, nor handled in the public arena. However, if the killer was proven to have accused the victim of adultery, a false accusation of rape case can be raised and the sentence carried out. Furthermore, relations between the Islamic law and honor killing might be somewhat off since the tradition of honor killings also occurs and encouraged in non-Muslim world, even the Western one. Historically, Sharia did not stipulate any capital punishment against
17424-416: The prosecutor is not the state, but only the victim or the victim's heir (or owner, in the case when the victim is a slave). Qisas can only be demanded by the victim or victim's heirs. Basis ;The main verse for implementation in Islam is Al Baqara; 178 verse: "Believers! Retaliation is ordained for you regarding the people who were killed. Free versus free, captive versus captive, woman versus woman. Whoever
17568-543: The protection of a Muslim state under the status of a Dhimmi or Musta'min , etc.) According to classical jurists of three of the four Sunni Islamic schools of jurisprudence ( Shafi'i , Maliki , and Hanbali schools), qisas is available only when the victim is Muslim; while the Hanafi school holds it may apply in some circumstances when a Muslim has done harm to a non-Muslim. Jurists agree that neither qisas nor any other form of compensation applied in cases where
17712-650: The questions critics have raised about the modern application of hudud, include: why, if the seventh-century practice is divine law eternally valid and not to be reformed, have its proponents instituted modern innovations? These include use of general anesthetic for amputation (in Libya, along with instruction to hold off if amputation might "prove dangerous to [the offender's] health"), selective introduction (leaving out crucifixion in Libya and Pakistan), using gunfire to expedite death during stoning (in Pakistan). Another question
17856-410: The region may be mutually unintelligible. Some of these dialects can be considered to constitute separate languages which may have "sub-dialects" of their own. When educated Arabs of different dialects engage in conversation (for example, a Moroccan speaking with a Lebanese), many speakers code-switch back and forth between the dialectal and standard varieties of the language, sometimes even within
18000-400: The relatives of the one who has been killed. If they wish, they may kill, but if they wish, they may accept blood-wit . The Hanafi school ordains lesser-than-murder qisas across religions, whether the perpetrator is Muslim or non-Muslim, according to Sayyid Sabiq's Fiqh Sunnah. Most Hanafi scholars ruled that, if a Muslim killed a dhimmi or a slave, Qisas (retaliation) was applicable against
18144-486: The right hand and the left foot (the combined right-left double amputation procedure is known as the ancient punishment of " cross-amputation ") or banishment. Different punishments are prescribed for different scenarios and there are differences of opinion regarding specifics within and between legal schools. Expanding or narrowing the conditions and scope of this crime according to new situations and universal standards are issues that continue to be discussed today. There are
18288-557: The right of qiṣāṣ as an act of charity or in atonement for the victim family's past sins. We ordained therein for them: "Life for life, eye for eye , nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers. The Hadiths have extensive discussion of qisas. For example, Sahih Bukhari states, Allah's Apostle said, "The blood of
18432-458: The same sentence. The issue of whether Arabic is one language or many languages is politically charged, in the same way it is for the varieties of Chinese , Hindi and Urdu , Serbian and Croatian , Scots and English, etc. In contrast to speakers of Hindi and Urdu who claim they cannot understand each other even when they can, speakers of the varieties of Arabic will claim they can all understand each other even when they cannot. While there
18576-680: The sentence was to be carried out, requesting instead that her attacker be pardoned. A prisoner lodged in the Gohardasht Prison of the city of Karaj , was reported to have been blinded in March 2015 after being convicted for an acid attack on another man in 2009 and sentenced to the punishment under "qisas". Cases where qisas has been sentenced as a punishment, but the sentence not (as of November 2021) yet carried out, include: Pakistan introduced qisas and diyya ( diyat ) in 1990 as Criminal Law (Second Amendment) Ordinance , after
18720-458: The sole example of Medieval linguist Abu Hayyan al-Gharnati – who, while a scholar of the Arabic language, was not ethnically Arab – Medieval scholars of the Arabic language made no efforts at studying comparative linguistics, considering all other languages inferior. In modern times, the educated upper classes in the Arab world have taken a nearly opposite view. Yasir Suleiman wrote in 2011 that "studying and knowing English or French in most of
18864-563: The standardization of these new terms throughout the Arabic-speaking world, and toward the development of Arabic as a world language . This gave rise to what Western scholars call Modern Standard Arabic. From the 1950s, Arabization became a postcolonial nationalist policy in countries such as Tunisia, Algeria, Morocco, and Sudan. Arabic usually refers to Standard Arabic, which Western linguists divide into Classical Arabic and Modern Standard Arabic. It could also refer to any of
19008-563: The stringent traditional restrictions on application of hudud punishments, they were rarely applied historically. Criminals who escaped hudud punishments could still be sanctioned under the system of tazir , which gave judges and high officials discretionary sentencing powers to punish crimes that did not fall under the categories of hudud and qisas . In practice, since early on in Islamic history , criminal cases were usually handled by ruler-administered courts or local police using procedures that were only loosely related to Sharia. During
19152-405: The subject of a qisas application may only be applied if there is a definite organ loss whose limits can be guaranteed that no more harm will be done to the offender than he has caused in the punishment. In this case, qisas cannot be made against the most common forms of killing and wounding that occur during ordinary daily fights using stone sticks, blades, and piercing tools. Because the qisas
19296-501: The towns where the inscriptions were discovered (Dadanitic, Taymanitic, Hismaic, Safaitic). However, most arguments for a single ANA language or language family were based on the shape of the definite article, a prefixed h-. It has been argued that the h- is an archaism and not a shared innovation, and thus unsuitable for language classification, rendering the hypothesis of an ANA language family untenable. Safaitic and Hismaic, previously considered ANA, should be considered Old Arabic due to
19440-433: The two tribes entered the fold of Islam. Now that they were Muslims, they started talking about retaliation for those killed on each side. One of the tribes which was more powerful insisted that they would not agree to anything less than that a free man for their slave and a man for their woman be killed from the other side. It was to refute this barbaric demand on their part that this verse was revealed. By saying 'free man for
19584-419: The victim is Numerous Hanafi, Shafi'i and Maliki jurists stated that a Muslim and a non-Muslim are neither equal nor of same status under sharia, and thus the judicial process and punishment applicable must vary. This was justified by the hadith: Narrated Abdullah ibn Amr ibn al-'As: The Prophet said: A believer will not be killed for an infidel. If anyone kills a man deliberately, he is to be handed over to
19728-476: The victim is a child, and the father is the murderer. The Hanafi, Shafi'i, and Hanbali Sunni sharias have ruled that qisas does not apply, as has the Shia Sharia doctrine. The Maliki school, however, has ruled that qisas may be demanded by the mother if a father kills his son. The Hanafi, Hanbali and Shafi'i sharia extend this principle to cases when the victim is a child and the mother or grandparents are
19872-402: The victim lost the right hand and perpetrator does not have a right hand for qisas, for example, then with court's permission, the victim may cut the left hand of the perpetrator.) In one episode, qiṣāṣ was demanded by Ameneh Bahrami , an Iranian woman blinded in an acid attack. She demanded that her attacker Majiv Movahedi be blinded as well. In 2011, Bahrami retracted her demand on the day
20016-404: The victim or by the state, and the punishments must be carried out in public except murder for this reason. Punishments range from public lashing to publicly stoning to death, amputation of hands and crucifixion. These punishments were rarely implemented in practice, however, because the evidentiary standards were often impossibly high. For example, meeting hudud requirements for zina and theft
20160-422: The witnesses be a male. The Sunni Maliki school of law consider pregnancy in an unmarried woman as sufficient evidence of zina , unless there is evidence of rape or compulsion. The punishment can be averted by a number of legal "doubts" ( shubuhat ), however, such as existence of an invalid marriage contract or possibility that the conception predates a divorce. The majority Maliki opinion theoretically allowed for
20304-451: The world have classes that teach Arabic as part of their foreign languages , Middle Eastern studies , and religious studies courses. Arabic language schools exist to assist students to learn Arabic outside the academic world. There are many Arabic language schools in the Arab world and other Muslim countries. Because the Quran is written in Arabic and all Islamic terms are in Arabic, millions of Muslims (both Arab and non-Arab) study
20448-537: Was carried out only seven times. In his popular book Islam the Misunderstood Religion , Muhammad Qutb asserts that amputation punishment for theft "has been executed only six times throughout a period of four hundred years". However, according to historian Jonathan A.C. Brown, at least in the mid-1100s in the Iraqi city of Mosul the Muslim jurists found the punishment less than effective. Faced with
20592-462: Was ignored whether the act was intentional or not, and a price of life or blood was charged for each life. Qisas was a practice used as a resolution tool in inter-tribal conflicts in pre-Islamic Arabian society . The basis of this practice was that a member of the tribe to which the murderer belonged was handed over to the victim's family for execution, equivalent to the social status of the murdered person. The condition of social equivalence meant
20736-422: Was virtually impossible without a confession in court, which could be invalidated by a retraction. Based on a hadith, jurists stipulated that hudud punishments should be averted by the slightest doubts or ambiguities. During the 19th century, Sharia-based criminal laws were replaced by statutes inspired by European models in many parts of the Islamic world, although not in particularly conservative regions such as
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