I remember thinking about this several years ago: Could the law on treaties in Sharia be used to get rid of the Hudud(the penal code of Islamic law). If Im not wrong, all muslim countries have signed and ratified treaties against torture. Considering the fact that the prophet put priority of the treaty over converts who he sent back to Quraish as part of Hudaybiyyah deal, and because of the same deal, released those who left Islam, do you think it's a convincing argument against the hudud in the modern muslim world. The argument should become stronger for those who believe in the death penalty for apostasy, exactly because of the fact that the Hudaybiyyah treaty relates to this.
Also, almost all(Saudiarabia being the exception) countries in the muslim world have signed the Universal Declaration of Human Rights. The argument will not work for Takfiris, who would declare the regimes that signed those treaties as apostates, but it should work within the mainstream who believe that Sharia cannot be separated from politics
Isn't Mu'ahid anyone protected by treaty. In the case of the treaty of Hudaybiyyah, that seems to be the case.
Noticed btw that Quilliam made the same argument a few weeks/month ago.
I never thought of this. This is a great point. I am interested to see what others think of this, technically. I have not much hope of it being adopted by any Shariah court, because of the mountain of contrary precedence since that time.
well I am completely lost here. I am pulling my hair and reading the words of Skywalker, Three,
Quilliampress.com and thinking about whether we need to get those Sharia/Hudud stuff from Bukhaari bullshit and implement those laws in 21st century??
Anyways hello Skywalker., just curious here ., where did you read that Saheeh al-Bukhaari (3166)? is it from
quilliam foundation or
Quilliampress??So thinking about these medieval laws extracted from some 2000 year old religious books and implementing them in 21st century makes me to remember story from Prophet's time .. let me put that here.
One day the holy Prophet of Allah was going somewhere when he met a man selling a camel. The holy Prophet liked the camel and bought it at an agreed price. The holy Prophet did not have money on him at the time so he asked the camel dealer to follow him up to his home and he would pay him his due. The man agreed.
As they were going, another man approached and asked the camel dealer if he was selling his camel and for how much. He said that he had already sold the camel to the holy Prophet for such an amount. This man offered him better price and he agreed to sale the camel to him. The holy Prophet said to the camel dealer that since he had already sold the camel to him, it was wrong to break the agreement just like that. The man denied making any agreement.
Whilst all this was going on, the passers by stopped and wondered as to what was going on. The Apostle of Allah explained exactly what happened.
Companions: O Prophet of Allah, do you have any witnesses to support your claim?"
Holy Prophet: No. We have no witnesses as there was no one present when the agreement was made.
Companions: Sorry, we don't think we can help you. How can we be sure who is telling the truth and who is lying?
A very close companion of the holy Prophet happened to pass by and saw the holy Prophet surrounded by the people. On inquiring about it, came to know what happened.
Companion: The Prophet of Allah is telling the truth and the camel dealer is lying.
The holy Prophet: But you were not present when the agreement was made. So how can you judge without being there?
Companion: O Prophet of Allah, you said that there is Allah and we believed you, even though we haven't seen Him. You told us that Qur'an was the word of Allah and we believed you. You told us about angels, heaven and hell and we believed you, even though we haven't seen all these things. How is it possible that you would lie about such petty thing
So that story comes/made out of same Saheeh al-Bukhaari., It is a wonderful story., there is a lesson in those underlined words., but It was 7th century..
Today almost every Arab in Saudi Arabia instead of camel has his own car to move around. I must say in this regard for all practical purposes they forgot the Sunnah of Muhammad to use camel for transportation. Oil finding, early 20th century oil exploration by west and excessive AMRIKA thrust for oil changed the life styles of Arabs completely. Petrodollars brought them to such a level that they forgot the basic Sunnas of Muhammad,., They forgot the the Camel, They forgot the usage of camel and
they forgot the usage of odd stones to clean their private parts, after the call of nature.
Now a days In Saudi Arabia Camels are nuisance often cause accidents in high ways. The only time they seem to be remembered is
for thisAnyways the point is, cradle of Islam today is the best example of maximum number of Muslim hypocrites living in it. Other wise they would have used Prophet's sunnah even to day such as not using bathrooms and not driving cars. Well If we made them(Arabs) forget such basic things of Prophet's sunnah., I think in 21st century we can make them forget Bullshit Bukhaari.
we must realize that we are in 21st century and we need to get new laws, new books on social/political;/economical/spiritual guidance that suits to this modern world dear Skywalker.
with best wishes
yeezevee
Topic: Treaties and the Hudud