In late October 2013, Tariq Ramadan was invited to give a public lecture at the University of Brunei Darussalam. About 100 people consists of students and public attended the afternoon scheduled lecture. I can't recall the topic discussed but it was interesting but hard to be understood by engineer student (me).
Tariq Ramadan view on Hudud
"I launched a call about 10 years ago suspending the [three punishments in the] penal code. The three things - stoning, the death penalty and corporal punishment. Saying to the Muslim-majority countries, you first have to start with what is the beginning [of Syariah] - social justice, education for all, protection of citizenships, whatever is religion. " - Tariq Ramadan (source: click here)
However, based on the above quote, we can see that Tariq Ramadan is actually proposing for a moratorium (temporary banning) of 3 Hudud punishments from Shariah Penal Code in any coutries implementing Shariah law. This article received less/no objection from anyone in the country (based on my reading and research).
After reading this Brunei Times article, I shared with my colleagues and asked for their feedbacks. Most were not aware about the moratorium proposal by Tariq Ramadan as published by Brunei Times. Although Tariq Ramadan clearly mentioned his points about the moratorium, unfortunately the mentioned reasons are not strong enough to stop muslims from still go for Hudud.
Authentic hadiths about Stoning for adultery
The hudud about stoning for is clearly mentioned by Prophet Muhammad (pbuh) as reported in several Sahih Bukhari hadiths. The following authentic hadith is among tens hadiths available about stoning for adultery.
Narrated 'Abdullah bin 'Umar: The Jews came to Allah's Apostle and told him that a man and a woman from amongst them had committed illegal sexual intercourse. Allah's Apostle said to them, "What do you find in the Torah (old Testament) about the legal punishment of Ar-Rajm (stoning)?" They replied, (But) we announce their crime and lash them." Abdullah bin Salam said, "You are telling a lie; Torah contains the order of Rajm." They brought and opened the Torah and one of them solaced his hand on the Verse of Rajm and read the verses preceding and following it. Abdullah bin Salam said to him, "Lift your hand." When he lifted his hand, the Verse of Rajm was written there. They said, "Muhammad has told the truth; the Torah has the Verse of Rajm. The Prophet then gave the order that both of them should be stoned to death. ('Abdullah bin 'Umar said, "I saw the man leaning over the woman to shelter her from the stones." Sahih Bukhari 4:56:829
more hadith regarding hudud can be read here
Tariq Ramadhan launches attack on Hudood (2005)
In 2005, Tariq Ramadan published a paper relating to his disagreement or certain hudud punishments from being carried (Read here).
Some of texts from his calling for temporary banning of certain hudud punishments.
"The application of the Islamic penal code - known by the widely misunderstood term sharia - in Muslim societies is one of the most controversial subjects in the dialogue between the west and the Muslim world. The imposition of corporal punishment, stoning and execution in the name of religious texts on an entire society cannot be accepted. We must condemn such repressive applications, which are carried out without due legal process." -Tariq Ramadan ((Read here).
This article received many condemnation and frustration from many Ulama.
And the same call was ordered by Tariq during his visit in Brunei on last October 2013.
Hadith about people rejecting Rajam
Narrated By Ibn Abbas: 'Umar Ibn Al Khattab Said, "I am afriad that after a long time has passed away, people may say we do not find the verses of rajam(Stoning to Death) in the Holy Book, and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the Penalty of Rajam be inflicted on him who commits illegal sexual intercource, if he is already married, and the crime is proved by witnesses, pregnancy or confession." Sufyan added, "I have memorised the narration in this way. "Umar added, "Surely Allah's Apostle carried out the penalty of Rajam, and so did we after him". - Sahih Bukhari, Vol8, Book 82. Punishment of Disbelievers At War. Hadith Number 816.
Sultan' Titah on Hudud
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| photo courtesy of muzir |
“WHO ARE WE, in the presence of Allah (SWT), to say ‘no or wait’; considering that (Islamic) law was not only formulated, but has been stated in Al-Quran and Al-Hadiths for more than 1,400 years.”
"We have no other choice than to obey all of Allah’s (SWT) commands.”
“If we are still saying no or wait first, (then) this does not make sense,” His Majesty said.
Replies on Tariq's call
1 It is not methodologically fitting to introduce a paper calling for a moratorium on hudud in the countries executing them—as Ramadan has done—without mentioning the reason behind this call.
2. It is also not methodologically fitting to charge that executing hudud is cruel. This happened many times in the paper published on Professor Ramadan’s Web site, but without introducing statistics to clarify this “cruelty.”
3. Methodologically, it is inappropriate to base the call on the argument that the reach and the poor are being treated discriminately, without presenting simple statistics that show the average income of persons punished by hudud in comparison to other persons in other cases where hudud was not carried out.
4. The same can be also said with regards to women; Ramadan said that executing punishment is restricted to women without providing any figures or statistics.
(source: click here)
5. With all due respect to Tariq Ramadan, no one has the right to propose a morotorium on a particular form of punishment. He may make the point that the punishment recommended in Islamic Shariah will require certain conditions to be met before it can be implemented. However, to reject a law in the Shariah, ridicule a ruling or hate a ruling in the Shariah takes you out of Islam. To believe that we are now living in modern times so that the Shariah is no longer relevant or barbaric also takes you out of Islam. The the Laws are eternal for all times and places. I am surprised and disappointed by this statement from Tariq Ramadan.
We are really living in Jahiliya. What is more barbaric than people with HIV spreading it to others, paedophilia by priests, abortion of an innocent child, war for oil, torture of Muslims by the US, rape of Bosnian Muslims by the Serbs and the continued filthy Israeli humiliation and genocide of innocent Palestinians.(source:click here)
My comment
and again, I am here not to judge either Tariq' decision on Hudud is right or no. He has his own reasons like what he had mentioned. And this discussion not means to blame or condemn anyone.
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