Allow me to clarify some misunderstandings to Sharia Law. As in all subjects or studies related to law, ie civil law, criminal law, a practitioner does need some form of tertiary qualification in order to allow him to fully understand and utilize the different aspects of Sharia Law itself.
As I have made known in my earlier posting in this thread, there are several different school of thoughts in the administering of Sharia Law. Basically there are 2 different camps within the Islamic world and within these 2 camps; there are at least 16 different schools of thought (4 for the Sunni camps and 12 for the Shias)
The misunderstanding arose when you have practitioners who are charismatic and influential, whose words are deemed “it is the law”. This scene would usually occur in backward areas ie..the tribal areas of Pakistan and Afghanistan where usually the brightest students are sent to madrasahs in the city area, upon which, after finishing their studies, would return and serve their respective community/tribes. These newly minted leaders/teachers are often looked upon, regretfully, with awe, fear etc etc..
With the knowledge that they possessed, sometimes, certain fatwas or guidelines/edicts are nothing more but to fulfill one selfish need
It is hotly debated here about the barbaric elements within the Sharia Law. Do allow me to correct the misunderstood.
For example, the crime of theft is punishable by amputation of the hand that was used to commit the crime. Nevertheless, this form of punishment is only meted out to repeat offenders after several attempts are made to rehabilitate and ample warning given. Likewise, this process is also applied here, in which case, it is commonly known as Simple Theft, Sec 379 Cap 224. Usually for first offenders, within a certain value, a stern warning will be issued.
Sharia Law itself states that the punishment should be that equal to the offence committed. Logic and consequences are usually taken into account when a punishment is meted
In the case of adultery, usually the punishment is a fine and a stern warning in most OIC nations, plus some counseling sessions involved. Nevertheless, we would read reports that extreme form of punishment is being carried out. I do not deny that such situations exist however, please refer to my earlier posting about practitioners serving their own needs.
In most religions, pre-marital sex/adultery is frowned upon. The complications or usually the aftermath, as most of us here are mature enough, would result in issues that I need not indulge further.
Kelantan, a PAS govern state, does not fully apply and implement the Sharia Law although it has govern the state for a good 19 years. Why ? It is because application and implementation of Sharia Law is a very complex process, it is not like here whereby you have a sitting, law is debated and it is then passed with majority vote.
The onus of the council governing the Sharia Law is to ensure that the law is applied fairly and just to all, which is not an easy task.
Singapore do have certain aspects of the Sharia Law applied here, under the purview of the Sharia Court, powers given under AMLA (Administration of Muslim Law Act), which was passed by Parliament.
Alcohol consumption, in the beginning of early Islam, was not an outright ban. An incident occurred when an Imam, whilst leading a congregation in an intoxicated state, recited a verse wrongly and which would create disharmony among other faiths in Medina. The prophet came to know about this, reprimanded the imam concerned and henceforth, consumption of alcohol was banned. This was done to avoid unhappiness and uneasiness among other faiths.
As in the words of a certain departed pop icon
“ We are the world, we are the children..."
