Sunday, May 4, 2014

Present day Hudud and Mary in the Quran : One BIG Question

According to present day Hudud laws as proposed by PAS, 

  1. Zina is punishable upon conviction by stoning to death for a married person.
  2. Whipping of 100 lashes plus one year imprisonment for the unmarried.
  3. Four eye-witnesses will be required to prove the act. Each witness must be an adult (akil baligh) Muslim male of just character.
  4. Pregnancy on the part of an unmarried woman or when she delivers a child shall be evidence of zina of which would make her liable to the prescribed punishment unless she can proof the contrary – ie to bring 4 male Muslim witnesses of just character if she was raped.

Traditional Islam interprets Quranic verses about Mary, mother of Jesus as a woman who had a virgin birth (refer for example Quran 19:20 -22, 66:12). When Mary brought baby Jesus to the temple, she was insulted and mocked by all the men (except Zechariah) questioning how she came to be with a child as she was still single. According to the Quran, Jesus began to speak in the cradle to defend her mother (Refer Quran 19: 27-33)

The question.

How would modern day Hudud deal with Mary (the most exalted woman in the Quran, Quran 3:42) as she could not show 4 akil baligh male Muslim witnesses of just character?

Note: as an infant, Jesus was not akil baligh.

Anas Zubedy 


Anonymous said...

Also interesting to note: while Hudud ala Pas do not accept physical/scientific evidence, choosing to only accept four male witnesses of high moral character as the ONLY evidence for sexual crimes, the story of how Joseph (Nabi Yusof) was exonerated from the accusation of sexual attack against the wife of his boss,was purely based on physical evidence, i.e. his shirt was torn at the back proving that the said lady was attacking him. No FOUR male witnesses of high moral character. How does PAS explain that?

Unknown said...

Have you read n fully understood the draft af "hudud ala PAS" ..or you just based on your assumption, or other persons articles who hate hudud.,

Anonymous said...

Finding 4 men of high moral character wld be impossible too.. said...

I thought it was clear that she can be easily exonerated by bringing 4 adil witnesses to testify her good character. In mariam case it woyld be easy since she was known for examplary behavoiur and even his uncle prophet zakaria can testified that.

Anonymous said...

Hudud seems to entrench gender stereotypes and inequality. It is the result of and also the promoting of islamofascism (-it is a vicious cycle of islamic fascism,) which have an undeniable history of subjugating women and also for supressing opposing ideologies.

Anonymous said...

Muslims who oppose Hudud - do u really understand what it is? How many years have u studied the Hudud law? How many times have you read the Quran? Even if you have read 100x do u really understand it? If you can't say yes confidently to all of the above then refrain yourself from arguing about Hudud. This affects your aqidah, worst still, a lot of us "Muslims" out there don't even observe tour daily prayers properly, which is the very basic thing u have to do as a Muslim, and yet dare to question the irrelevance of Allah's law.