Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamualaikum Brother in Islam: BURHAN,

As globalization is urging man to interact in `a global village`, man keep on trying to be looken as friend to any influential sector in market driven lifestyle. Muslim leaders in emerging muslim countries start striving to be looked as friends to people of western countries and keep argueing to each other in order to win their western friend heart. One of the hot topic which made them against each other is to decide whether to stick and adapt the `old fashion Hudud Law` or to the `current (modern) intrepretation of the Hudud Law` in order to prepare themselves to be looked as moderate muslim. For example, people start to highlight view about "The DNA test which is seen `more accurate` rather than only "Bringing four pious withness" in any "zina" trial (This is only one example).

I would like to share I you have any comment on the isue

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Hudood laws

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 5 Surah Maidah verses 49-50:

49 And this (Allah commands): ‘Judge thou between them by what Allah hath Revealed and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away be assured that for some of their crimes it is Allah's purpose to punish them. And truly most men are rebellious.

50 Do they then seek after a judgment of (the Days of) ignorance? But who for a people whose faith is assured can give better judgment than Allah?

Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 45:

45 We ordained therein for them: "Life for life eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for wounds equal." But if anyone remits the retaliation by way of charity it is an act of atonement for himself. And if any fail to judge by (the Laws of) what Allah hath Revealed they are (no better than) the ‘dhalimoon’ (wrong-doers)

Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 44:

If any do fail to judge by (the Laws of) what Allah hath Revealed they are (no better than) the ‘kaaferoon’ (disbelievers).

Allah Says in the Holy Quran Chapter 5 Surah Maidah verse 47:

If any do fail to judge by (the Laws of) what Allah hath Revealed they are (no better than) those who are ‘faseqoon’’ (rebels).

Your Statement: One of the hot topic which made them against each other is to decide whether to stick and adapt the `old fashion Hudud Law` or to the `current (modern) intrepretation of the Hudud Law` in order to prepare themselves to be looked as moderate muslim.

Dear and beloved brother in Islam, the Laws or Boundaries (Hudood) of Allah are based on His Perfect and Absolute Wisdom and every law and every boundary of the All-Knowing All-Wise Lord will serve man to live amongst his fellow man in peace, harmony, and justice till the end of time.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 85:

85 …. Then is it only a part of the Book that ye believe in and do ye reject the rest? But what is the reward for those among you who behave like this but disgrace in this life? and on the Day of Judgment they shall be consigned to the most grievous penalty. For Allah is not unmindful of what ye do.

Beloved brother, it would be nothing short of disbelief and blasphemy to divide the laws and boundaries of Allah Subhanah into two sectors….one which they wish to believe and one which they wish to reject or alter!

Allah Subhanah Demands absolute and unconditional obedience from His believing slaves, if indeed they desire His Pleasure, Good Will, Mercy and Forgiveness. But if some ignorant muslim leader or person wishes to alter the laws and boundaries of Allah only so that they may be looked upon as ‘moderate’ muslims in the eyes of the pagans….they should know with total and absolute conviction that the Lord Most High Most Majestic is Self-Sufficient, Self-Praiseworthy and does not accept part-worship or part-obedience in Islam!

To even contemplate of altering the prescribed and defined Laws and Boundaries (Hudood) of the Lord Most High, or even hold an opinion against any matter once the Lord or His Messenger (saws) have given a decision in that matter is tantamount to disbelief in the Sight of the Lord.

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verse 36:

It does not behove a believing man and a believing woman that when Allah and His Messenger have given their decision in a matter, they should exercise an option in that matter of theirs. For whoever disobeys Allah and His Messenger, has indeed strayed into manifest error.

Your Question: For example, people start to highlight view about "The DNA test which is seen `more accurate` rather than only "Bringing four pious withness" in any "zina" trial (This is only one example).

Beloved brother, taking the very example of the ‘zina’ trial which you have related, Islam does not at all prohibit that the DNA test (or other modern methods like video recordings, etc.) be taken…..for if that were to prove positive, then the accused would have no choice but to confess his crime…thus eliminating the need for the prosecution to bring forth four pious witnesses to prove the crime of the accused. And if with the help of modern technology like DNA test or video recordings, etc. it is proved the accused is blameless, then the case could be dismissed…again eliminating the need for four witnesses to a crime which did not take place in the first place!

Beloved brother, the truth is that unless one commits ‘zina’ in the open, it is almost impossible to bring four witnesses who actually saw the ‘zina’ taking place, the meaning in legal terms of which is that all four of them affirm and bear witness in Court that they saw the male organ enter the female organ! It is not enough for them to bear witness that they saw two people naked in bed, or in a compromising situation or condition….but each of the four witnesses must bear witness that they actually saw the male organ entering the female organ of the couple accused of ‘zina’ to be able to bring about a conviction.

If one truly delves into the wisdom behind the presentation of four witnesses for a ‘zina’ conviction in Shariah, one would realize that the Command to bring four witnesses is actually to prevent accusations made by the evil gossip-mongers in society against chaste men and women. If one looks around the society we live in today, the gossip-mongers unscrupulously and without any fear whatsoever accuse and label whomsoever they will as unchaste and immoral. The guidance of Islam demands that unless the one who accuses someone of being unchaste and immoral does not bring forth four witness to prove his accusation, he shall be severely punished for his false accusations.

Allah Says in the Holy Quran Chapter 24 Surah Noor verse 4:

4 And those who launch a charge (of ‘zina’) against chaste women and produce not four witnesses (to support their allegation), flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors

Allah Says in the Holy Quran Chapter 24 Surah Noor verse 13:

13 Why did they not bring four witnesses to prove it (zina)? When they have not brought the witnesses such men in the Sight of Allah (stand forth) themselves as liars!

Islam exemplifies that every individual is innocent until his guilt is proved in a Court of Law, and not the other way around! If the DNA test was to be taken as the standard evidence for the crime of ‘zina’, any person could accuse another of being immoral and unchaste without fear….and the one who is accused would have to prove his innocence by taking the DNA test; which would mean that everyone who is accused of ‘zina’ is guilty unless he proves his innocence by taking the DNA test! With such a system in place one can only imagine the chaos and corruption which would be caused in a community, where the honor, name, and good will of every individual is held ransom by the gossip-mongers.

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan