Battle of the Giants – Qadhi verses Qadri

Posted on October 27, 2017

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Tahir ul-Qadri and Yasir Qadhi, two giants of the Islamic scene, are regular visitors to the UK. Qadri was in Manchester and Newcastle-under-Lyme the other month, and Qadhi is due to speak in Manchester and London next week at AlMaghrib’s Ilmfest.

Both men have spent a lot of time educating their audiences, both Muslim and non-Muslim, about the ideology of shitbags like ISIS, but they’re not quite as forthcoming when asked about their views on issues such as blasphemy, stoning or homosexuality by the press.

Audience at Qadri's talk, Keele University, Manchester.

Audience at Qadri’s talk, AL-Hidayah Camp, Keele University, Newcastle-under-Lyme.

Despite their differences – Qadri coming from the Sufi stable, and Qadhi, an ex-Salafi now following what he refers to as ‘normative’ or ‘orthodox’ Islam – they’re pretty much in agreement on the subjects a lot of us would like them to talk more openly about.

I’ll leave it up to the reader to decide who puts forward the most convincing arguments.

Hudud, flogging and stoning

Qadri:

Hadd punishment for the adultery committed by an unmarried person, male or female, is one hundred stripes. Hadd punishment for the adultery committed by a married person, male or female, is stoning to death. (Page 328)

Through a third verse, the first two punishments of adultery as Hadd were repealed and the final punishment of a hundred lashes was prescribed:

الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِئَةَ جَلْدَةٍ وَلَا

“Flog the adulteress and the adulterer, each one of them, with a hundred stripes.”

This Qur’anic verse had a general implication as far as the words ‘الزَّانِيَةُ’ [adulteress] and ‘الزَّانِي’ [adulterer] are concerned. Its meaning was subsequently specified and particularized by the Holy Prophet (peace be upon him) for the adultery committed by an unmarried male or female. The Holy Prophet awarded the punishment of stoning to death to the married adulterer  or adulteress. The particularization of the verse of Surah Noor for unmarried persons has been unanimously accepted by the companions of the Holy Prophet (peace be upon him), their successors, muslim scholars and jurists of all schools of law, right from the beginning of Islamic history to the present times. It is held by the scholars in the light of the second verse of Surah Noor that the Hadd of one hundred stripes is reserved only for an unmarried adulterer or adulteress whereas the Hadd of rajm or stoning to death is reserved for a married adulterer or adulteress. (Page 329)

In case of unmarried adulterers, Holy Prophet (peace be upon him) usually awarded the exclusive punishment of a hundred stripes though in some cases he reinforced it by the addition of imprisonment for a year.

It is a unanimous fact that the Hadd is not only established through the Qur’an but it is equally established through Prophetic Sunnah and the Definite Ijma’ of his companions also. (Page 331)

All these Prophetic prescriptions and practices unequivocally establish the fact that the Hadd of adultery for the married was always executed with Rajm by the Holy Prophet (peace be upon him) and not with one hundred stripes. (Page 334)

Therefore, there is not the slightest iota of doubt or grain of suspicion that the Hadd of Rajm was repealed by Qur’an because the Holy Prophet (peace be upon him) repeatedly executed the Hadd of Rajm to the offenders even after the revelation of the Qur’anic provision of stripes. This Prophetic practice continued till the last days of his life. This fact is further supported by the continuous practice of the orthodox caliphs, in their respective eras after the demise of the Holy Prophet (peace be upon him). (Page 336)

(‘Punishments in Islam – their classification and philosophy’ – Tahir ul-Qadri)

Qadhi:

2). The Abrogation of the Ruling without the verse (Naskh al-Hukm doona at-Tilaawah)

When this occurs, the relevant verse is still recited and is present in the mus-haf, but the ruling does not apply. An example of this is the verse prescribing the waiting period of one year for the widow (2:240). Even though this ruling does not apply any more, the verse is still recited as part of the Qur’aan.

Another example is the verse that initially prescribed the punishment for fornication,

وَالّٰتِىۡ يَاۡتِيۡنَ الۡفَاحِشَةَ مِنۡ نِّسَآئِكُمۡ فَاسۡتَشۡهِدُوۡا عَلَيۡهِنَّ اَرۡبَعَةً مِّنۡكُمۡ​ ۚ فَاِنۡ شَهِدُوۡا فَاَمۡسِكُوۡهُنَّ فِى الۡبُيُوۡتِ حَتّٰى يَتَوَفّٰٮهُنَّ الۡمَوۡتُ اَوۡ يَجۡعَلَ اللّٰهُ لَهُنَّ سَبِيۡلًا

“And those of your women who commit illegal sexual intercourse, take the evidence of four witnesses from among you against them. If they testify, then confine them to their houses until death overtakes them, or until Allah ordains for them some (other) way.” [4:15]

This verse was abrogated by the verses in Soorah an-Noor,

الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِّنْهُمَا مِئَةَ جَلْدَةٍ وَلَا

“The (unmarried) woman and man guilty of illegal intercourse – flog each of them with a hundred stripes…”

3). The Abrogation of the Verse without the Ruling (Naksh at-Tilaawah doona al-hukm)

In this case, Allaah removed the verse from the Qur’aan but left the relevant ruling. For example, a verse in the Qur’aan used to order those who had committed adultery to be stoned to death. In reference to this verse, ‘Umar ibn al-Khattaab said, while giving a sermon in the Prophet’s () mosque, “Verily, Allaah sent Muhammad () with the truth, and He sent the Book down upon him. The verse of stoning was revealed with it. we recited it, memorised it. and understood it. The Prophet (ﷺ) awarded the punishment ol stoning to death (to the married adulterers), and after him, we also did the same. I am afraid that with the lapse of lime, people (may forget it and) say. ‘We do not find the punishment of stoning in the Book of Allaah,’ 520 and go astray by abandoning this duty prescribed by Allaah. Stoning is a duty laid down in Allaah’s book for married men and women who commit adultery when proof is established.” 521 In fact, even the wording of the verse of stoning has been preserved in other authentic narrations, “Wa ash-shaykliu wa-shaykhatu idha zanayaafarjumoohum al-batha nakaala min Allaah…” 522 meaning, “And the married man or woman, if they commit adultery, then stone them as a retribution of from Allaah.”

520 This author recalls a lecture he attended in America a few years ago. The speaker, obviously not very knowledgeable, said in a gathering of Muslims and non-Muslims, “And as for this concept that certain people have that in Islaam you have to stone people to death for certain crimes, hah! It’s not found in the Qur’aan! It’s all culture mixed with Islaam!” How true was ‘Umar, may Allaah reward him!
521 Reported by al-Bukhaaree and Muslim. In another narration, ‘Umar said, “Were it not for the fear that people would accuse me of adding to the Book of Allaah, I would have written the verse with my own hands!”
522 Reported by at-Tabaarani and others. cf. Ibn Hazm. p. 9.

(‘Introduction to Sciences of the Quran’Abu Ammaar Yasir Qadhi, page 240)

Qadri speaking at Keele University

Qadri speaking at Keele University

Qadhi:

“…this is a part of our religion to stone the adulterer and to chop the head off of the sorcerer and so many other things…”

“…whoever commits magic has committed shirk (Arabic), clear-cut authentic hadith, whoever has committed magic has committed shirk. It’s right here in the books. It’s not my words. It’s not the words of some sheikh or imam, it’s the word of Allah (SWT) and the Messenger of Allah (SWT)…In fact, the penalty for magic is death…we will find that, magicians, their penalty is death.

[…]

Umar bin al-Khattab, while he was the leader, the Khalifah of the Muslims, he sent out a letter to all of the provinces, and the first thing that he said in this letter – kill every single magician you find. (Arabic) Every magician you find, execute him because he’s not a Muslim. He has left his religion of Islam and he is doing something so deadly, so evil, that his existence cannot be tolerated by the Muslim society.

https://aldgatepup.files.wordpress.com/2016/06/almaghrib-institute.pdf

Blasphemy

Qadri:

My point of view was, and I managed to get this made into law, that whoever commits blasphemy against the Prophet, Muslim or non-Muslim, man or woman, Jew, Christian, Hindu or whomsoever, no matter who of them commits blasphemy, their punishment will be death. My other point of view was that whoever apostatises from Islam may well repent, but blasphemy against the Prophet will not imply any possibility for repentance or forgiveness, rather, he must be executed immediately! I am fighting a one-man fight to shut out all possibilities to commit blasphemy. And those who open their mouths, Muslim, Jew, Christian, believer, kafir, man or woman, will be executed like a dog.

https://aldgatepup.wordpress.com/2017/05/27/another-manchester-mosque-hosts-anti-kafir-antisemitic-homophobic-and-pro-jihad-speakers-gm-police-pop-in-for-a-cuddle/

Qadhi:

To make fun of Allah and his Messenger, the punishment is death. If you ridicule, you curse Allah and his Messenger, the punishment for that is death. And the scholars said he who curses Allah’s Messenger, the Prophet Muhammad (SAW), it doesn’t matter, obviously when we are in an Islamic state, we’re not talking about America or England, when we are in an Islamic state it doesn’t matter what he does after that. Even if he repents he is going to be killed. The correct opinion is that a person who curses Allah’s Messenger, and makes fun of Allah’s Messenger, and denigrates the status of Allah’s Messenger, his punishment is death as soon as he utters that statement. It doesn’t matter if he repents after that or not. His repentance is with Allah. We don’t care. Our punishment, we are not allowed to forgive that man. We have to kill him as soon as the Islamic state takes hold of him.

We accept certain things because our culture and society endorses it, not because that is what our religion actually states. We hear and believe what we want to hear and believe instead of truly following Qur’an. We fit Islam into what we want; we don’t fit our whims to Qur’an. For example, how many young Muslims assert that Islam does not have blasphemy laws?

https://tifrib.com/yasir-qadhi/

Cutting the hand(s) and feet of the thief

Qadri:

The amputation of hands in the first instance should take place from the right hand which is to be cut from the wrist.

It is established through various traditions and precedents of the Caliphate period that if a thief repeats the crime of theft in spite of the first amputation, then his left foot should be cut. The Jurists disagree whether at third instance after the amputation of hand and foot, his left arm and then his right foot should be amputated or not.

(‘Punishments in Islam – their classification and philosophy’ – Tahir ul-Qadri, page 341)

Qadhi:

If somebody says ‘why do you have such harsh punishments in Islam?’, well, you say, firstly, because we believe Islam is a complete way of life and that our Lord has told us what the punishment of stealing this and this is. Then, after you have this impenetrable fortress, then you move on to the secondary issues. We also believe, for example, that an eye for an eye and a tooth for a tooth is very beneficial to society, that cutting off the hand of the thief, for example, and doing this and that, we believe that the one problem that will happen to this person, it will bring about a benefit to an entire nation. And we see statistics to prove it. Muslim countries that implement the hudud are safer, less rape, less stealing, less this and that than other countries.

https://tifrib.com/yasir-qadhi/

Homosexuality and its punishments

Qadri:

Mentioned below is the crime of homosexuality for which the punishment is prescribed through Prophetic Sunnah and the practice of orthodox Caliphs. There is, however, a difference of opinion among Muslim Jurists whether it should be treated as Hadd or Ta’zeer. Most of the Muslim Jurists have accepted it as Ta’zeer. Qur’an has expressly forbidden homosexuality.

[…]

There are three views of Muslim Jurists on the punishment of this crime.

(i) its punishment is the award of death sentence

(ii) its punishment is that of adultery (flogging for the unmarried adulterers and death for the married adulterers).

(iii) its punishment is that of any heinous crime.

The first view is adopted by Imam Shafe’i and some other Jurists. They have based their view on the Prophetic Sunnah mentioned above and on other statements made by the Holy Prophet (peace be upon him).

[…]

All these companions, Jurists and Caliphs agree on the prescription of death punishment for the crime of homosexuality but the difference exists only in the mode and method of execution [stoning or crushing to death, decapitation by sword or thrown from a high building].

The second view…prescribes the punishment of stoning to death for the married adulterers and flogging for the unmarried adulterers.

The third view is adopted by Imam Abu Hanifah and some others. This view treats the act of homosexuality as a crime of Ta’zeer, and on the basis of its heinousness and sanguineness, Islamic State can prescribe severe penalty in the light of traditions and practices of the Holy Prophet (peace be upon him), the Orthodox Caliphs and other companions.

(‘Punishments in Islam – their classification and philosophy’ – Tahir ul-Qadri, Pages 426-427)

Qadhi Ilmfest 2015

Qadhi, Ilmfest 2015

Qadhi:

“…to kill, by the way, the homosexual – this is also our religion. The fiqh rulings say that the homosexual be killed, OK? (inaudible comment from audience) I don’t know about this one, I’ve heard this but I haven’t studied this in detail but I know that his punishment is death. This is all a part of our religion. This doesn’t mean we go and do this in America but I’m saying if we had an Islamic state we would do this.”

https://tifrib.com/yasir-qadhi/

Islamic law and secular/Western law

Qadri:

“…in Western Democracy, the Western democratic parliament is supreme and there is no other authority or power beyond it. Under Khilafah, however, the authority vested in any parliament, government or state is qualified by – and conditional upon – the Qur’an and Sunnah. Thus, in an Islamic state, any law which is passed against the Shari‘ah will be challenged and nullified, and will have no legal effect.”

[…]

“…Islam is not just a matter of philosophy or personal religion. Islam is a complete code of life and, more than that, it is a complete system which has to be implemented. It prescribes the duties and obligations of all Muslims, the way they should relate to other people and groups, the rights of individuals and society as a whole, family law, criminal law including criminal penalties, civil law, public law, economic and fiscal law, and also the systems and establishment of the courts and institutions that are needed to administrate, implement and enforce these things.

[…]

A form of governance has to be established in order to implement what has been revealed by Allah (swt), what has been communicated by the Holy Prophet (saw), and to fulfil all the various requirements of human society. This is the reason why the Holy Prophet (saw) emigrated to Madina. The thirteen years of his life as Prophet (saw) in Makka were spent in propagation, during which time he concentrated on preaching, spiritual training, spiritual purity, character building and preparing a community of strong believers. When, however, he migrated to Madina the first thing he did was establish Islamic governance.

(The Islamic State – Tahir ul-Qadri, pages 1 & 11)

Qadhi:

“…the progressives, all they are concerned with is the size of a woman’s scarf getting smaller and smaller, and that women should lead us in prayer, and that the hudud and cutting the hands are backwards and this and that…You never hear the progressives talk about deep theological, doctrinal issues…They want to decrease the hudud. Some of them are calling for a moratorium on the punishments in Islam because they’re too confused and barbaric…I’d like to state that progressive Islam is the attempt of some people who claim allegiance and loyalty to Islam, to harmonise Islam with modern interpretations of ethics, of secularism, of equality, of freedom, of democracy, of human rights…and they have preconceived notions, they don’t really care what the Quran and Sunnah is telling us to do.”

“…they don’t really have any knowledge, they talk openly and they say that stoning the adulterer is a disgusting practice, it’s a practice of the Jews, this is not a part of our religion. It is something that is inhumane. Also so many other things they say, that cutting off the hand of the thief, this is something that is not applicable anymore in our time. Anyone who has this type of aqeeda is a type of kufr. This is a type of disbelief because you have rejected what Allah and His Messenger have said.”

https://aldgatepup.files.wordpress.com/2016/06/almaghrib-institute.pdf

Qadri:

Whenever the vision of the Western Society regarding their ‘values’ is changed, the concept of law is altogether shaken. This process of constant instability can not be checked unless they accept the universal uncorrupted Qur’anic revelation as the source, the origin, the sanction and the standard of validity of the law. (Page 7)

Some people in the present era whose hearts are choked with the slime of prejudice and whose minds are clogged by the grime of ignorance and whose spiritual flight is jammed with rust-ridden brakes of the cash-nexus, have tried to negate and nullify the legality of Rajm as Hadd, and to establish that these events crystallized before the punishment of hundred stripes was revealed through Qur’an. Therefore, Rajm was repealed by the subsequent Qur’anic order of a hundred stripes. This allegation is absolutely baseless and against established historical facts. The event of ‘Aseef, the event of Ma’iz, the event of Ghamidiyyah and the event of the Jewish couple occurred after the revelation of the verse of Surah-i-Noor which contains the punishment of hundred stripes. (Page 335)

The grading of punishments in Islam, as the chapter illustrates, makes full acknowledgement of the emotional and psychic preferences of human beings. Men are instinctively inclined towards the establishment of a clean and pure society. Therefore, these punishments are primarily focussed on the achievement of this primary goal…Islam believes in the creation of an absolutely clean society. It believes in both physical and moral cleanliness. Therefore its penal laws are geared to the formation of such a society. (Page 429)

The philosophy of Islamic punishments is remarkably different from and highly superior to the penal philosophy advanced by Western criminologists.

The character of Islamic punishments is comprehensive and all-embracing as compared to that of the secular system. (Page 462)

Islamic punishments at the same time possess the preventive character through the infliction of some physical discomfort and handicap. For example, death penalties, amputation of hands or feet, imprisonments, transportation, confinements, etc. The criminals are prevented from repeating the crime either due to a permanent or temporary disability. (Page 465)

The third objective of Islamic punishment is its deterrent capacity. The Shari’ah has recommended that the punishments should be executed publicly because public display of the imposition of sentence possesses a deterrent effect. As a consequence of this public demonstration, all those who had even the slightest inclination towards the commission of crime would restrain themselves in view of the punishment it entails. In order to achieve this objective, Shari’ah has clearly commanded that the fixed punishments of Islam should not be reduced or mitigated even under pressure of the sentiment of mercy.

The Qur’anic command prescribes that if the guilt is proved, the offender must be punished at all costs and the punishment should not be tampered with compassion and leniency because any such tincturing or blending may vitiate the effectiveness of the punishment. The untinkered infliction of punishment on the criminal is one of the requirements of Din of Almighty Allah which must be fulfilled under all circumstances. (Page 466)

This is the basic object of gathering the people on the occasion of punishing the adulterers. The same purpose is served by hanging the chopped hands and feet of the criminal and by the punishment of stoning in broad daylight. (Page 467)

These characteristics have transformed the Islamic system of punishments into an appropriate and acceptable system which is neither barbarous nor unenforceable in the present civilized era. (Page 481)

(‘Punishments in Islam – their classification and philosophy’ – Tahir ul-Qadri)

 

 

 

 

 

 

 

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