Islam: Governing Under Sharia
Author: Sharon Otterman
March 14, 2005
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For which crimes does the Quran mandate specific punishments?
Five crimes known as the Hadd offenses, Lombardi says. Because these offenses are mentioned in the Quran, committing them is considered an affront to God. They are:
Wine-drinking and, by extension,
alcohol-drinking, punishable by flogging
Unlawful sexual intercourse, punishable by flogging for unmarried offenders and
stoning to death for adulterers
False accusation of unlawful sexual intercourse, punishable by
flogging
Theft, punishable by the
amputation of a hand
Highway robbery, punishable by
amputation, or execution if the crime results in a homicide.
>>>
What happens in the case of apostasy?
The traditional punishment for Islamic apostasy--leaving Islam for another religion or otherwise abandoning the Islamic faith--is
death
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What are the traditional sharia laws governing personal status issues?
Marriage: Islamic marriage is a contract between a man and a woman. In the broadest of terms, the husband pledges to support his wife in exchange for
her obedience, Brown says. Women can demand certain rights by writing them into the marriage contract, but the man is the head of the family, and traditionally, a wife may not act against her husband's wishes. (The Quran permits men to use
physical force against disobedient wives in some circumstances, Powers says.) >>>
Divorce: Under sharia, the
husband has the unilateral right to divorce his wife without cause. He can accomplish this by uttering the phrase "I divorce you" three times over the course of three months. If he does divorce her, he must pay her a sum of money agreed to before the wedding in the marriage contract and permit her to keep her dowry, Powers says. Classicalsharia lays out
very limited conditions under which a woman can divorce a man-->>>
Polygamy: The Quran gives men the right to have up to four wives. There are some traditional limitations: a man must treat all co-wives equitably, provide them with separate dwellings, and acknowledge in a marriage contract his other spouses, if any. A woman cannot forbid the practice, but can insist on a divorce if her husband takes a second wife.>>>
Custody: In a divorce, the
children traditionally belong to the father, but the mother has the right to care for them while they are young, Powers says. The age at which a mother loses custody differs from nation to nation. In Iran, the mother's custody ends at seven for boys and girls>>>
Inheritance: Mothers, wives, and daughters are guaranteed an inheritance in the case of a man's death. In the seventh century A.D., when the law was developed, this was a major step forward for women, Powers says. However, sharia also dictates that
men inherit twice the share of women>>>
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