in category Fiqh (Jurisprudence)

How would you respond to someone describing Shari'a law as barbaric?

1 Answer
People often cite it as a legal system permitting polygamy, child marriage, death for apostasy, death for zina, amputation for theft, women's evidence worth half of a man's, triple talaq...
1 Answer
(83.2k points):

Masters in Education from Nottingham University in the UK. Also studied Masters in Islamic Studies and Islamic Banking & Finance. Political activist with interests in Geopolitics, History and Phil ...
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Polygamy - allowing large extended families that are self-reliant, autonomous and authoritative and not dependent on the state - unlike small nuclear families that are always externally dependent. Dissipation of power across families/tribes also emerges as a dynamic as opposed to its concentration in a central state allowing it to be oppressive.

Child marriage - marriage is about more than just sexual relations - the institution allows for guardianship and where this is necessary then there is no problem with such marriages - the alternative is guardianship ("child marriage") is with the state in its orphanages where we are forced to pay for it.

Death for apostasy - societies based on faith see publicised apostasy as treason, seeking to undermine society or create serious public disturbances - they thus apply capital punishments for the same - most states do the same.

Death for zina - families are the core unit of society and those who seek to undermine them commit treason thus capital punishment - there is leniency for those with mitigating circumstances eg single people.

Amputation for theft - the criminal should be punished and not mass society by funding of psychological torture in prisons at our expense.

Women's evidence worth half of a man's - weighing of evidence happens in every legal system - those not involved in social matters as women usually are not in Islamic societies have the weight of their evidence reduced - women who are involved in such matters see the weight of their evidence increased.

Triple talaqh - simpler and faster means of divorce than the bureaucratic and costly means seen in western systems - most contracts can be easily terminated, why not the marriage contract

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