Is Sharia Law morally and rationally relevant in twenty first century?
✍By: Mohammed Yagoub (Zerick)
After Sudanese Tasgutists went out on streets to Sagatise the Bashir’s Islamic Fundamentalist Regime which came on to the seat of the “Republic in making” through military coup I am saying republic in making because Sudan has never been republic as it can be understood to be republic because it was group of kingdoms, Sultanates and chiefdoms being brought together by the colonial beings to facilitate the advancement of their own interests rather than interests of Sudanese masses who were living together in harmony within the current territory known as Sudan in their diverse ways of livings and used to enjoy their own traditional ways of governance (Kings, Sultans, Chiefs, Sheikhs, Kujurist leaders etc.) rather than so called civilized way of governance which attracted genocides, terrorism, exterminations, Jihadism, sectarianism and racism the history of Tasgutismتسقطيسم in Sudan comes from a bit far it starts way back around August 1955 when South Sudanese rejected Jalabist state which marginalized the representation of the South Sudanese in the government on the grounds that they were not Muslims and of African origin even though Tasgutism was not clear as it’s of today because the main aims of the Anyanya Movement was leaned more towards separatist state than Tasgutism but still I can say the aims of the revolution were almost same as of today’s Tasgutist revolution because the demands of the Anyanya or Anyanya 1 revolution were to Sagatise the Jalabist state of segregation and bring on the table of the state a shared cake for everyone in the country to have part in it, though some were diverted from the principles and ended up sold-outs as what’s taking place within most of the Armed Revolutionary Movements in Sudan.
Some might not get what is Tasgutism or Tasgutist revolution so let’s put it in understandable way for everyone to be on truck, Tasgutism is the state of insisting on overthrowing the dictatorial regime that’s believed to or proven to have committed crimes like genocide, crimes against humanity and war crimes against her own citizens through peaceful means or mass demonstration, the Tasgutism comes from an Arabic word for Tasgut (تسقط ) which means FALL which came into existence in December 2018 as Tasgut_Bas ( تسقط_بس ) (for the current usage) which can be translated as MUST FALL or Just Fall That’s All (THE REGIME OF BASHIR MUST FALL AS FOR THE SUDANESE CASE) due to Sudanese government’s continuous waging of different types of wars against people of Sudan through politics of divide and rule since the colonial government left the internal colonizers or claimed to be national government which is product of the colonial government to keep the nation in morally unbalanced state of existence.
Tasgutism in current state is mostly associated with non-violent or peaceful continuous struggle towards overthrowal of the regime but that’s not the only option have been used in Sudan, Armed struggle towards Tasgutist state have long record of liberation in Sudan equally Peaceful Tasgutism so far has overthrown 4 governments including one day long government of Awad Ibn Auf who claimed to have overthrown Omer al-Bashir.
Let’s go straight to the topic the Transitional Militias Council which calls itself Transitional Military Council (TMC) is a group of Militias who have come to hijack people’s revolution after it has succeeded in toppling the genocidal regime that they themselves as leaders of the genocidal executioners have created a council known as Military Council even though most of them have never passed through right military channel like the one they promoted to the rank of Lieutenant General Mohammed Hamdan Hemeti (Leader of the Janjaweeds) who’s the second in command of the Transitional Militias Council have been committing atrocities in Darfur which the estimation of victims has clicked above 500 thousand and millions as refugees and IDPs plus other areas like Nuba Mountains and Blue Nile where the daily bombardments and massacres is continuous form are the very beings who claim to have overthrown the Bashir’s regime and now they are of revolutionary background and sadly the power hunters who claimed to have joined people’s revolution are in frontline negotiating with the Transitional Militias Council to legitimize their existence on the face of the international community to reproduce the same regime with the same morally backward values to continue its existence in power and more sadly the Transitional Militias Council have started even imposing on those who claimed to be representing people’s revolution some of the values of the Islamic Fundamentalist Regime In which the Transitional Militias Council moved on to put Islamic Sharia Law (Islamic jurisprudence) as the basis for a new constitution that could run the upcoming New Sudan this point shows how unserious the Transitional Militias Council is towards the formation of new Sudan of inclusivity and went on to declare that Arabic language must be the official language of the upcoming State so here based on their Militiarised wisdom there are no other religions in Sudan apart from Islam and there are no other languages apart from Arabic language. Islamic Sharia Law and the Arabic language as being state religion and language have been ideological instruments of Islamic Fundamentalist Regime to mobilize people based on those lines to keep them divided into groups of Muslims and Non-Muslims, Arabs and Non-Arabs to mortalise their existence in power but I don’t think such seldom rational ideologies can have existential state of life in the future of Sudan. So let us have a look at the nature of the country which the Transitional Militias Council is trying to put in place, the country run by Sharia Law looks like but not necessarily limited to;
1. In Sharia law run state it’s the state that decides for you which God to believe in and decides public and private behavior
2. In Sharia law run state it’s Haram for the citizens to protest against their government so there’s divine protection for the rulers
3. Based on their Sharia Law the theft or whoever found engaging on that act must be amputated. “[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a [punishment] from Allah.” – Quran 5:38
Yet I don’t see them amputating the Bashir who stole $9bn based on WikiLeaks leak of 2010 plus large amounts of cash found at his home recently after his decision to become guerilla president who leads his juniors from his hideout and other Generals who have been looting and massacring people in different parts of the country?
4. Disagreeing or denying the some parts or whole of Quran you have to face death penalty
5. Declaring war on innocent civilians for economic purposes and that’s how their Sharia Law commands them!
6. Disagreeing with the teachings of Mohammed or denying he is not your prophet even if you are not believer in that religion you are to face punishment to death
7. Not agreeing to follow Allah or denying His existence as your God you have to face punishment to death
8. Whoever leaves Islam and becomes follower of other religious teachings, Atheist or Agnostic has to face punishment till death
a. “There shall be no compulsion in religion. The right course has become clear from the wrong. So whoever disbelieves in false deities and believes in Allah has grasped the most trustworthy handhold with no break in it. Allah is Hearing and Knowing.” – Quran 2*:256
b. Say, “O disbelievers, I do not worship what you worship. Nor are you worshippers of what I worship. Nor will I be a worshipper of what you worship. Nor will you be worshippers of what I worship. For you is your religion, and for me is my religion.” – Quran 109*:1-6
c. “Excepted are those with whom you made a treaty among the infidels and then they have not been deficient toward you in anything or supported anyone against you; so complete for them their treaty until their term. Indeed, Allah loves the righteous. And when the sacred months have passed, then kill the infidels wherever you find them and capture them and besiege them and sit in wait for them at every place of ambush. But if they should repent, establish prayer, and pay tribute tax, let them [go] on their way. Indeed, Allah is Forgiving and Merciful.” – Quran 9*:4-5
d. “It is not for a prophet to have captives [of war] until he inflicts a massacre in the land. Some Muslims desire the commodities of this world, but Allah desires the Hereafter. And Allah is exalted in Might and Wise.” – Quran 8*:67
9. Believer in other spiritual school of thought takes or guides a Muslim out of Islam has to face death as punishment for convincing a Muslim or taking him/her to that religion
10. A lover who marries a Muslim woman while he is believer in religion other than Islam has to face punishment to death
11. A victim of rape can’t testify against her rapist or rapists in court
12. There’s no rape can be proven unless 4 men come before the court to give testimonies on how that female fell victim
“Why did they not bring four witnesses to prove it? When they have not brought the witnesses, such men, in the sight of Allah, (stand forth) themselves as liars!” -Quran 24:13
13. A woman/Girl who fails to produces 4 men as witnesses to back up her claim is a guilty of engaging in adultery so she has to face the consequence as adulterer
14. A woman/Girl who is found to be guilty of adultery has to face punishment till death
15. A Man who rapes a woman/girl his conviction can be cleared by marrying his victim
16. In sharia Law Muslim men have right to have sex with any woman/girl not wearing the Hijab because she’s causing Taharrush (Harassment).
Quran 33:58-59, which states, “Those who harass believing men and believing women undeservedly, bear [on themselves] a calumny and a grievous sin. O Prophet! Enjoin your wives, your daughters, and the wives of true believers that they should cast their outer garments over their persons [when abroad]: That is more appropriate so that they may be known [as Muslim women] and thus not be harassed [or moIested].”
In Sharia Law run state Muslim males are taught not to touch or harass those ladies/girls who put on Hijab as true Muslims and those ones who have not put on Hijab if harassed, molested or even raped they deserve it
So what is a thing called Hijab its absence causes such trouble to women and girls?
Hijab is any type of headscarf worn by the Muslim women and girls that covers their hair, ears, neck and leaves the face open in general term that’s Hijab but there are several types of Hijabs with diverse names and shapes these include but not limited to;
1. Al-Amira: this one is two piece hijab comprised of a tight fitting cap that insets through a tube-like piece
2. Shayla: is a loose-fitting one piece hijab that wraps around the head before being pinned or tucked in at the shoulders
3. Khimar: is a longer one piece hijab that drapes almost to the waist,
4. While Hijab in the simple sense is a shorter scarf that wraps around just the head and the neck
14. A man can have up to 4 wives and a woman can be among those 4 wives and as a husband he has right to prefer some over others and they even found some verses to back up their cases based on their own interpretations of the verses
1. “And you will never be able to be equal between wives, even if you should strive. So do not incline completely [toward some wives] and leave another hanging. And if you amend and fear Allah – then indeed, Allah is ever forgiving and Merciful.” – Quran 4:129
2. “You, [O Muhammad], may put aside whom you will of them or take to yourself whom you will. And any that you desire of those [wives] from whom you had [temporarily] separated – there is no blame upon you [in returning her]. That is more suitable that they should be content and not grieve and that they should be satisfied with what you have given them – all of them. And Allah knows what is in your hearts. And ever is Allah Knowing and Forbearing.” – Quran 33:51
15. In a Sharia led country a man can marry a girl child of 9 years on the basis that prophet Mohammed once did so
16. In a Sharia Law a man can deny his wife sex and beat his wife for something which he thinks as misbehavior and somehow they got some verse to legalize their case based their masculine dominated interpretations.
Quran 4:34 Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband’s] absence what Allah would have them guard. But those [wives] from whom you fear arrogance – [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand.
17. A woman has to ask for man’s consent to get divorce but a man can unilaterally divorce his wife without consent of the wife
18. All children above 6 years old belong to the father if mother gets divorced
19. A woman’s testimony in court, allowed in property cases, carries ½ the weight of a man’s.
20. A female heir inherits half of what a male heir inherits
“Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one’s estate. And if there is only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever knowing and Wise. And for you is half of what your wives leave if they have no child. But if they have a child, for you is one fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing… They request from you a [legal] ruling. Say, “Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is knowing of all things.” – Quran 4:11, 12,176
21. A woman is not allowed to have conversation with any man apart from her relative or the husband unless there are other people around
22. In Sharia Law Muslims should engage in Taqiyya and lie to non-Muslims to advance Islam.
a. “The Apostle said…’Who will rid me of Ibnul Ashraf?’ Muhammad bin Maslama, brother of the Bani Abdul-Ashaf, said, ‘I will deal with him for you, O Apostle of Allah, I will kiII him.’ [Muhammad] said, ‘Do so if you can… All that is incumbent upon you is that you should try.’ He said, ‘O Apostle of Allah, we shall have to tell Iies.’ He answered, ‘Say what you like, for you are free in the matter.'” – Ibn Ishaq, The Life of Muhammad, page 307
b. “The believers never ally themselves with the disbelievers, instead of the believers. Whoever does this is exiled from Allah. Exempted are those who are forced to do this to avoid persecution.” – Quran 3:28
So engaging people who have not consented to be part of such state is not the only case but consenting your own self to be in country run by such laws is suicidal of the highest form!