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Islam Its Belief and Practices - Radical Truth

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130 ISLAM ITS BELIEFS AND PRACTICES SLAVERY AND PUNISHMENT 131<br />

iii.<br />

witnesses. he who thus brings a false charge<br />

receives eighty lashes (Sura 24: 4). If the<br />

accuser be a slave he receives forty stripes.<br />

This punishment was established by an<br />

alleged revelation from God. when Mu!}ammad's<br />

favourite wife, 'Ayisha, was accused<br />

of improper intimacy with ~afwan b.<br />

Mu'attal (See Sura 24).<br />

Apostasy (irtidad): A ma!e apostate is liable to<br />

be put to death if he continue obstinate in<br />

his error; a female apostate is not subject to<br />

capital punishment, but she may be kept in<br />

confinement until she recant.<br />

iv. Drunkenness (ash-Shurb): If a Muslim drink<br />

wine, <strong>and</strong> two witnesses testify to his having<br />

done so, or if his breath smell of wine, or if<br />

he shall himself confess to having taken wine<br />

or if he be found in a state of intoxication,<br />

he shall be beaten with eighty stipes.<br />

v. Theft (Sariqa): Sariqa literally means secretly<br />

taking away of another's property. <strong>Its</strong> legal<br />

definition in the Cannon Law is as follows:<br />

"It signifies taking away the property of<br />

another in a secret manner, at a time<br />

when such property is in custody,-that is,<br />

when the effects are in supposed security<br />

from the h<strong>and</strong>s of other people; <strong>and</strong> where<br />

the value is not less than ten dirhems, <strong>and</strong><br />

the effects taken the undoubted property of<br />

some other than of him who takes them."<br />

On the basis of this legal definition it is the<br />

decision of the Muslim jurists that, if the<br />

thieves make a hole in the wall, <strong>and</strong> one of<br />

them inside put objects through this hole<br />

into the h<strong>and</strong>s of others who are outside,<br />

this cannot be considered theft. Similarly<br />

nor can a man be punished for theft, if after<br />

having made a hole in the wall. he enters<br />

the room <strong>and</strong> places the objects he intends<br />

to take into the hole. then comes out <strong>and</strong><br />

carries them away.<br />

If a Muslim adult of sound underst<strong>and</strong>ing<br />

steals out of undoubted custody ten dirhems<br />

or property to the value of ten dirhems, his<br />

punishment is the cutting off of his h<strong>and</strong><br />

f Sura 5: 42). Amputation is not incurred by<br />

the theft of the following:<br />

(1) An amount stolen by a partyof thieves.<br />

which when distributed among them,<br />

each of them receives less than ten<br />

dirhems. (2) Anything of a trifling<br />

nature, such as wood, bamboos,<br />

grass, fish, fowls. <strong>and</strong> garden stuff.<br />

(3) Things which quickly decay<br />

<strong>and</strong> spoil, such as milk or fruit.<br />

(4) Fermentedliquor. (5) Guitaror<br />

tabor, these being of use merely<br />

as idle amusements. (6) A copy<br />

of the Qur'an. (7) A crucifix.<br />

(8) A chess board. (9) A free-born<br />

infant, although there be ornaments<br />

upon it, because a free person is<br />

not property. On the other h<strong>and</strong><br />

amputation is incurred by stealing<br />

an infant slave, although the<br />

stealing of an adult slave does<br />

not incur punishment. (10) A

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