SchiZo
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Banjo
That hadith means that the whole ummah will not be misguided totally. i.e. there will always be a number of people/group that will be following the correct way, and preserving His religion.
While you want to isolate and only view the legal aspect, that would lose alot of the meaning and purpose. You have to keep in mind that this pertains to muslims, and the muslims must be a majority of the population in the country they reside if they are going to get an Islamic state. So the religious aspect of it is also very important.
You would be surprised how often it does happen. I have seen it myself many times lol. Most often it is at the beach, or park... sometimes on the side of a hill. You can read some accounts of people having a romp in public, if you look online.
The punishment is left to the ruling body, due to the varying severity of the crime. Just as homosexuality is punishable, it does not outline the punishment, but leaves it to the state to decide what is reasonable.
4 witnesses to protect women from false charges made by a 3rd party.
The punishment is a warning/deterrant to dissuade people from taking part in the act. Atleast publically. If you want to have sex inside your own home, fine... you can do that, but if you get pregnant or cause problems for the state, and get caught, then you get punished. Homosexual intercourse is also banned in Sharia, and the same can apply, i.e. do what you want inside your house, just don't go out to flaunt it. Keep private matters where they belong.
Besides, its not all about punishment. If the offender is truly repentant and asks for forgiveness, s/he should be forgiven.
Ijma is basically the consensus of muslim jurists during a certain time period, which forms the law. It does not necessarily mean that muslims will never get it wrong.banjo said:I don't think it really means any of those things. I think it just means that if the overwhelming majority of muslims agree on something then that will probably not be in error.
If 99% of muslims agree on a particular point and 1% disagree then, according to ijma, the 99% will be right and therefore it is safe to base a legal principle on it without fear of that principle being wrong.
That hadith means that the whole ummah will not be misguided totally. i.e. there will always be a number of people/group that will be following the correct way, and preserving His religion.
I did state that the punishment of flogging was the indicator of the seriousness of the crime, not the evidential requirement.Remember that we are talking law here. Law doesn't really get involved in warnings. Everything happens for a reason - if four witnesses are required then four witnesses are required. You may be correct that this would act as a warning in some way but we aren't really interested in this aspect of it. What we are interested in is the actual legal consequences of things.
From a religious angle, warnings are relevant. From a legal angle, they're not. This verse does, of course, have a religious context to it but it also has a legal context to it. We are interested in the legal aspect because the verse is used as a basis for islamic law.
Law (even islamic law) is a separate thing to religion. It is a study field all of it's own. Punishment is usually a better indicator as to the seriousness of a crime not evidential standards. For example, in islamic law there are certain punishments laid out in the quran - these are usually quite serious punishments (amputation, flogging, banishment etc) and they all attach to specific crimes.
While you want to isolate and only view the legal aspect, that would lose alot of the meaning and purpose. You have to keep in mind that this pertains to muslims, and the muslims must be a majority of the population in the country they reside if they are going to get an Islamic state. So the religious aspect of it is also very important.
The punishment details are a warning, not the witnesses rule. The 4 witnesses is required if a 3rd party is launching the charges. A spouse can also launch the charges and the 4 witnesses rule does not apply.So the four witness rule must be there for some other reason. At least, for some additional reason to just being a warning. The only other reason possible is as an evidential standard.
Sex in a park or public place is not mentioned explicitly in that verse, but it can be derived from that.It happens, but hardly ever. Certainly not often enough to warrant getting a mention by God in his (very short) holy book. All the other things that get specifically banned in the holy book are big things that happen all the time - robbery, adultery, etc.
You would be surprised how often it does happen. I have seen it myself many times lol. Most often it is at the beach, or park... sometimes on the side of a hill. You can read some accounts of people having a romp in public, if you look online.
It does not ignore rape. Taking a woman against her will is a major sin. Rape can be put under the Fasaad fi al-ardh category, which has a wide range of punishments, such as a painful death among others, which I mentioned in my earlier post.Not only that but what you are saying is that the quran bans public sex in a park but ignores rape. Rape is a very major crime. It has always been with us (unfortunately). For as long as there have been men and women, there has been rape. If your interpretation is to be believed then the quran makes a big issue out of banning something minor (that never happens anyway) like public sex in a park and ignores something major (that happens all the time) like rape.
The punishment is left to the ruling body, due to the varying severity of the crime. Just as homosexuality is punishable, it does not outline the punishment, but leaves it to the state to decide what is reasonable.
I understand what you're saying, but zina is not a [serious] crime like murder.Also, it seems to be saying that full sex in front of three witnesses is ok but full sex in front of four witnesses is a no no.
Your interpretation doesn't really solve the problem, it just kind of shifts it onto a different offence. We still have the four witnesses problem, just relating to a different offence. What's the big deal about four witnesses? What can four witnesses prove that three witnesses can't?
4 witnesses to protect women from false charges made by a 3rd party.
The punishment is a warning/deterrant to dissuade people from taking part in the act. Atleast publically. If you want to have sex inside your own home, fine... you can do that, but if you get pregnant or cause problems for the state, and get caught, then you get punished. Homosexual intercourse is also banned in Sharia, and the same can apply, i.e. do what you want inside your house, just don't go out to flaunt it. Keep private matters where they belong.
Well adultery will most likely cause personal punishment like guilt and spousal problems, yeah, but fornication is different.I'm not defending adultery. Of course it is wrong. I'm just questioning whether it is the place of the state to have official punishments for it. I think it's best left as a private matter. When an adulterer gets caught they suffer punishment anyway in terms of social disapproval, spousal problems, family problems, possible divorce, personal guilt etc. There's no need for the state to get involved.
Besides, its not all about punishment. If the offender is truly repentant and asks for forgiveness, s/he should be forgiven.
That is false. Men and women are not allowed to date like that. When would-be couples meet they must be in the presence of a mahram (guardian/relative).Another point I would make (although you would no doubt argue with this) is that polygamy creates a situation where adultery is more likely. In the muslim world, a married man is allowed to take some young girl out for dinner, to the cinema, whatever as long as he doesn't have sex with her. He can date a girl with a view to marrying her.
Banning adultery but allowing polygamy creates an imbalance. It creates a situation where adultery is more likely to happen because it allows the man to take young girls on romantic dates even when he is married. In a monogamous society, the man has no reason to take young girls on romantic dates at all. Polygamy puts temptation in the way of the man.