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General Board / Re: puzzling
« on: September 13, 2002, 03:08:16 AM »
Salamu alaikum;
Thanks to everyone for contributing to this topic. Below is the response received from Sanusi Lamido regarding this topic:
Thanks to everyone for contributing to this topic. Below is the response received from Sanusi Lamido regarding this topic:
Quote
Many thanks,
interesting discussion,particularly the comment by Ali Magashi.
It is interesting that only those who wish to convict a suspect are
"knowledgeable" about Islamic Law but not those who obey the prophetic
injunction to seek relief for Muslims wherever they may be from the hadd.
I have made the argument again and again and I stand to be corrected.
In Maliki law a child born to a divorcee within 5 years of divorce belongs
to the husband unless he denies it. It stands to reason that a child
presumed to be a legitimate offspring of marriage cannot at the same time be
the evidence for fornication.
There is no record that Amina's husband rejected the child.
There is no source in shariah that gives anyone the right to interrogate a
woman in Amina's situation about the source of her pregnancy-innocence is
presumed. So her "confession" on this ultra vires interrogation is
meaningless and to no legal effect.
The only other way she could be convicted is through 4 eye witnesses who do
not exist.
The state had no case from the beginning, the judge had no right to
entertain it and those who brought the charge should be tried for slander.
This is Islamic law. It is not enough to denounce application of rationality
to law and indeed not proper because it suggests that thge law is contrary
to logic and common intelliegence wal iyadhu billah.
In any case we never learn. The issue of safiya was so flogged with abuses
and insults and in the end the Appeal court ruled that the judge was in
error on many counts of law and procedure.
In Amina's case, the surprise to me is that the appeal judge said she had no
right to withdraw her confession. Every student of elementary islamic law
knows that in matters of hadd-except the hadd of qadhf or slander- a Muslim
is free to withdraw confession at any time including during punishment. In
the case of zina the text of the mukhtasar is explicit- "zina can be
established by a confession once, except if withdrawn in any manner or if
the confessor runs away even if during hadd." this is the text of the
mukhtasar.
At the end of the day those who judge their piety by the number of hands
amputated and women stoned will do what they like.
Al that we can do is say it and say it again that this is not Allah's law.
I challenge anyone to give me a source-no matter how weak, for asking a
divorcee who delivers within gestation the source of her pregnancy. Over to
those who are experts in Islamic law!On the contrary when a man came to Umar
to report an unmarried woman who was pregnant 'Umar chased him away- and
this is in the Musannaf of Abdul Razzaq.
After the sokoto jihad it was 100 years before the white man came. In that
century only one woman was stoned for adultery and she had reported herself
repeatedly to Sutan Bello. He asked her to go and deliver, then go and wean
etc exactly as the prophet did with the ghamidite.
For us however we started shariah two years ago and have already sentenced 5
people to rajm and amputated God knows how many arms. Is this evidence of
Shariah or lack of it?
I apologise if I offend any sensibilities but I have a little time on my
hands so I went into detail.
Sanusi
