Adhaalat party condemns President Nasheed’s comments on death penalty

Monday, October 19th, 2009

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bodu4000 Adhaalat (Justice) Party (AP) has condemned President Mohamed Nasheed’s views and comments on death penalty. In this weeks Radio address, President Nasheed said that the rational way would be to not include death sentence and amputation in the revised penal code of Maldives.

AP, which is part of the ruling coalition government lead by MDP, denounced and criticized President Nasheed at the party meeting held in Dharubaaruge on Sunday night. This would be the first time that AP has directly criticized the government, especially President Nasheed since they formed coalition with MDP.

Most AP members who spoke said that punishments such as death penalty and amputation have been clearly written in the Islamic Shariah and there is absolutely no room for anyone to criticize or give their personal opinion on the matter. They further said that Islamic Shariah was sent by Allah and that neither the president nor the People’s Majlis shall have the power to change the holy shariah.

“The governing structure or system should be based on Islamic principles and Shariah. In such a government, all the power is not concentrated in the hands of the leader or the People’s Majlis. These bodies do not have the choice to make laws that are against the Shariah and impose it on the people.” Said the Minister of Islamic Affairs Dr Abdul Majeed Abdul Baaree.

Further, Minister of State for Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed, who is also the spokesperson of AP, said that they will not shy away from taking an action to defend Islamic religion and for the sake of respecting Islamic Shariah.

Shaheem called upon the People’s Majlis to not vote against death penalty even if some people were talk in favor of it.

The most vocal criticizer at the party meeting was the legal expert of the AP, Asadullah Shaafi-ee. Asadullah condemned the government in harsh words because of government’s unresponsiveness to some civil organizations protests about the proposal of giving alcohol permit to Holiday Inn.

President of AP Sheikh Hussein Rasheed Ahmed spoke on the same lines. He said, “Whether or not President Nasheed likes or dislikes it, death penalty is in Islamic Shariah. If President Nasheed does not accept it, it is the duty of the public to remove him from his duties as the President of the country.”

Sheikh Rasheed said that the party is trying to reform several aspects of the government. He also spoke about governments proposed strengthening and opening of diplomatic ties with Israel. While he accepted that it was a political issue he stressed that it has a religious aspect as well. He added that AP was very disappointed that the government made a decision on this matter without discussing it with AP. According to Sheikh Rasheed, it was agreed between MDP and AP that MDP would do as AP says in religious matters.

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Reader Comments

Actually, why we can not fully trust Sheikh Hussein Rasheed Ahmed is ,he spoke in Adalath Party meeting like this and in the last night DhiTv show ,he was seen to little bit soften the circumtance President Nasheed said this.

But been a well know and farmous Scholar in maldives ,sheikh Hussein Rasheed Ahmed should say “under any circumtance what so ever” even if the judges can not make good judgements , the president should not ask for a change in the laws. Basics of Shariya Law came from Allah who knows everything which will happen. See even in United States of America who claims to be champion of human rights and democracy they have “dealth penalty”. I am sure this would have been done since they dont have any choice.

Regards
Ahmed

Posted by Ahmed | October 19, 2009, 8:35 am
For a number of reasons, including possible manipulation of the judiciary by politicians or other power brokers, there is no absolute guarentee one will have a completely fair trial in a court of Law.

Therefore, it would be a brutal betrayal of the deeply Just essence of Islam to have the death penalty (Hadd) applied in the Maldves.

The word Adhaalath, most often translated as justice, can also be translated to mean equity – fairness, an even distribution of something. It implies what we would call social justice, equality before the law of all, and absolute objectivity in the implementation of any Hakm (law).

I hereby plead with the Adhaalath party and with all Muslims to consider this.

On many occassions, the Prophet (SAW) did not implement the death penalty (Rajm) for certain Hadd level crimes although other’s frantically pushed for it to be implemented. This was because, absolute objectivity could not always be guarenteed in the decision making procedure.

For example, in the Hadith’s of Bukhari and Muslim, as narrated through Sahih Isnad (reliable chain of narration) we read about some Muslim’s killing other Muslims because they were ‘not Muslim…’ They said Shahada only at the edge of the sword, it was claimed. In response to the claim that their Shahada was not genuine, the Prophet (SAW) said, “Did you cut their hearts open to see the Niyat (the quality of intention) of their hearts?’ The point being, if there is any chance that there could be a mistake, then only Allah (SWT) can judge in the Qiyamath, the judgement which is in the Akhira – the after life. Unless absolute objectivity can be guarenteed, the Prophet did not implement or advise Hadd.

On other occassions, according to Sahih Isnad in Bukhari and Muslim, it was obvious that a child was not the child of the Father who thought they were the Father. For Malsahah (social utlity) the Prophet (SAW) said, the Child belongs to whose bed on which it was born. It was not beneficial to prescribe Hadd though it was technically due. The Merciful essence of Islam and the Islamic intent of social harmony, social justice, would be betrayed by Hadd in such circumstances although Hadd was techically due.

Application of Shariah always gives the benefit of the doubt, very rarely was Hadd applied by the earliest Muslims and Madhab, it was Sunnah to give the benefit of the doubt.

So, I plead, for the cause of justice, please ask yourself, would it be true to justice to trust a Maldivian Judge with the application of the death penalty?

Posted by A. Friend | October 19, 2009, 9:24 am
Our country was failing for decades for we compromised the law of our creator, Allah (SWT). We raised our voices to accomodate justice and harmony in our country and to inplement the Islamic Shariah. Today are we claiming that we are more concerned about the social harmony and justice than the creator himself??? Allah(SWT)has created us and explained us what is best for human being through messangers. If we think the law of creator doesnt suit our country, then we will certainly perish like Turkey very soon. And I dont see that day very far as some of the actions of current administration reflects that we are moving in the directions illustrated by foreign stakeholders. Its my personal plea for all the MPs and to the government to stop compromising the law of creator with the ones made by us.

Posted by Ahmed Azleem | October 19, 2009, 12:16 pm
Seems like the brains behind Adaalath Party has been hot-wired into reality. The strong defender and once-so-called savior of the Islamic faith in the country has long been a dormant partner in the coalition government. I wonder what the whole ruckus is that they are creating now. Is it only now that they realise that the “Islamic Sharia” is something you cannot go about circumventing or modifying. Or can you? Perhaps the President may succeed in changing your mind to accept his point of view, which has been so evident and happening over and over again.

“The milk has been spilt, so don’t go yapping about it” They say what goes around must come around. AP your just a Pathetic bunch of religious perverts.

Posted by The Musketeer | October 19, 2009, 2:48 pm
Hello A.FRIEND

you seems to be a wrong guy putting your nose in the maldives. Tell you something we are 100% muslims living in the maldives very peacefully. We are not the europians or the americans. better you go to a place where there are people who will agree to compromise gods book.

Dont try to teach us islam. We know it very well.Allah have asked us to implement Shayiya Law for a solution for everything.so you better be silent and let us maldivians have chance to manage our bussiness .

Kind Regards
Ahmed

Posted by Ahmed | October 19, 2009, 9:24 pm
Nowehere in Presdient Nasheeds speech did I see him say anything against the Islamic Shariah. What he said was that he did not have the confidence in our judiciary to enact Islamic Shariath properly.

This is very clear. So why exactly did the Adalath Party whip up a storm carrying distorted versions of the Presidents statement?

This rally was not about the Islamic Shariath. I have a strong feeling that the Adhalath Party is planning to leave this government or is going to get kicked out soon. This rally would serve as an excellent platform to recruit more people into their party and start their Presidential campaign for 2013.

The Adhalath Party had a fantastic opportunity to bring Islam close to our hearts but instead has chosen to impose on us fascist dictates of arab nations set up to protect the wealthy and keep the poor in servitude.

The Adhalath Party is a political movement driven from Saudhi Arabia and not an Islamic movement. The sooner we distinguish this the better it will be for all of us. We do not want to become a Saudhi Arabia Iran or Afganistan. We are the Maldives and we will find a way to being muslims living in peace harmony, abundance and prosperity. And it will be our way, not the Adhalath way.

Posted by Usuf | October 20, 2009, 1:17 am
Fundermentals of Shariya does not change under any circumstance what so ever. Even if all the people in the world becomes human rights activists Shariya Law can not be compromised.
The way things are going on now it seems we are ready to compromise little bit on the fundermentals of our religion.We should have the confidence in allah. he knew all this ,when he asked us to implemented Shariya Law for a solution for all the issues. He knows everything what will happen.

We will realise the importance of Shariya if we are in a country like United States where there more than 200 million people to be controled. Even they have dealth penalty. And not having trusted judges is not an excuse not to implemnent allahs laws.

If we go on compromising on religious issues like this i dont know where we are going to end. you all should know we all have a “judgment day” and answers to be given .This world is a dream. If we are to enjoy this world how can we go to Heaven. Fear the punisments for not following allah.

Kind Regards
Ahmed

Posted by Ahmed | October 20, 2009, 11:25 am
Ahmed… Love Shariah Law, not against death penalty but don’t trust Judges,,, if judges were honest and good i WOULD SAY YES PLEASE IMPLEMENT DEATH PENALTY

Posted by a fRIEND | October 20, 2009, 3:17 pm
Dear Ahmed,

Assalamu Aleykumwa Rahmatullahiwa Barakhatu to you, Ahmed.

Ahmed, I feel your hurt like you could not imagine _ I also am hurt deeply by drug dealers, murderers and yes they deserve to die but do you really think they would die if the death penalty were implemented?

But I fear for my children, Ahmed,

what if your children were put to death for a crime that was made up – false – which happens very freqquently in Maldives, Ighwan (Brother…) What if the drug dealers and corrupt ones who control the courts killed your Son or daughter on charges of “terror” or manufactured charges of murder or Zina or anything – but all they really did was try to prevent the drug dealers from harming the ppl??

The Hukm of Allah, the Sacred Law, is an Amanah – a trust – and I by no means say that the death penalty is not part of that sacred law. Indeed, I also really believe that drug dealers and those murderers deserve the death penalty, as per the Qur’an and the Shariah Law. Especially those who have harmed children or who have harmed the sacred trust between parent and child.

All Muslims are one Ummah, the pain of one must be shared by every other, and Zulm (darkness-injustice) is serious indeed. As the Ummah is as one body, – I cannot but help fend for the potential victims of injustice under a system which MAY see the rich and powerful use the death penalty to exterminate their enemies unjustly. Have a think Ahmed- about the current system – and ask yourself – do you really believe that the current system can deliver the death penalty in a Just manner?

Think about all those who stood up against tyrants in Maldivian history, imagine if they had of been killed by the State in the Name of Islam even though they were fighting for True Islam which is Peace and Submission to the Just Will of Allah…- I mean – how many crimes were manufactured against them? They would have been killed if the government’s (Sultan’s – Presidents) could have done so – .

What I am saying, Ahmed, is for the love of Islam, for the love of Shariah Law, I do not want people to abuse and misuse my beautiful Islam in the name of implementing it, as to do so is seriously Haram. I am fighting for the dignity of my religion, I am obeying Surah 4: 75 and fighting for the oppressed men and Women and Children…’ You cannot ask me not to do that as it is my sacred duty to do so…

I am asking you seriously to consider Islam properly and deeply, obey the Word of Allah – Prophet (SAW)said, “Their is No Barrier between the oppressed and Allah…” So be very careful before you throw the innocent into oppression in the name of fighting for Shariah Law…

In the the current system… The real criminals walk away from the courts – in fact control the courts, and that does not look like it can be changed! So, the killers and the drug dealers will be killing the innocent and oppressed in the name of implementing Islamic Law, does that sound like Islam to you? That is serious Fitnah (dissension) from Islam dear Ahmed…

Of course, the death penalty was practiced by Our Beloved Rasul (SAW) and is ordered by the Qur’an. The issue is, the reliability of the current system. Shariah Law – the Hukm (Law) is deeply sacred, it is a massive Amanah (trust) which must never be taken lightly or under estimated. Allah is Al Quddus, the Holy, and every injustice is made right in the Qiyamat. Read the Hadith about what is in store in Jahannum for Muslim leader’s who missapply the Shariah Law for political ends or for the wrong Niyat. The Judge who orders a death is to be held accountable for his motives, it is a massive Zalim to missapply the Hudud. I do advise anyone wishing to implement the Law to be aware not to play politics with the Sacred Law.

A Qadi must be a qualified Mutjahid and must investigate the issue extensively before making a decision to kill someone. Notice the word Mutjahid, notice how this word for study and decision making about the Law requires Jihad – as is contained in the word. If he exhausts all avenues of possible doubt, and is sure in his heart, no matter what decision he makes, he will be rewarded for the quality of the struggle he puts into exhausting his search for any possible doubt.

For example, there has to be four wittnesses, reliable male witnesses whose mental capacity, honesty and moral character is assessed before the Law of Death is applied.

You know, pushing for the Shariah Law – I mean pushing for the death penalty just to show the Public you are more Muslim than the President or to use it as a weapon to show the President is not a Muslim is a very serious thing if you do it for these motives.

If you think you are ready for this, well, it is between you and Allah, but I myself I would be frightened to push for this sacred law unless I felt Maldives judicial system was spiritually mature enough to be entrusted with such a massive burden.

Also, in the Hadith, just because someone is killed by Rajm does not mean that they are banned from Jannah. A story of a Woman who volunteered to be stoned tells us that Mohammed (PBUH) sensed the paradise when she was being killed as her Tauba was Ikhlas (sincere).

So if this law is passed, i advise no body to look down on a person who receives the death penalty. A fearful silence should accompany the remembrance of such a person. More on that stoned woamn, the Prophet (SAW) was reluctant to give her the death penalty but she insisted, which is another point – it (maximum punishment) is rarely applied.

Howver, it is there, and the Qur’an also warns of the consequences of not applying his Laws, which means, ok, if you feel Maldives is ready, Alhumdulillah! But please, be very careful, do not use the sacred Law for political ends, search your hearts before deciding as to the intentions.

Ahmed please read and try to consider what I am saying…

Posted by A. Friend | October 20, 2009, 5:04 pm
Oh, it is Mujtahid, not mutjahid or whatever the heck i said…Astaghfillah!!! sorry

Posted by A. Friend | October 20, 2009, 5:32 pm
Dear A. Friend,

Brother. Thanks for clarifying it.

The Fundermentals of Shariya Law is the solutions given by god to our problems. Even when Allah asked us to implement this law ,he would know the fact that some communities would have problems to implement it. Problems should not be an excuse not to implement them.

We have to fear the judgmentday. Even if all the human beings on earth truns out to be human rights activits, we shouldnt compromise little bit of what allah asked to do.

Why is united states of america implementing dealth penalty. They claim to be champions of human rights and democracy. If they had any way not to implement they could have done it. In a country where there are 200 million people Shariya must be the best way to control them.

Regards
Ahmed

Posted by Ahmed | October 20, 2009, 8:31 pm
we obviously have a smart guy “A.FRIEND” and a brainwashed fool “AHMED” in this thread… i know it’s a few years old. Where do you two stand now that time has passed? Ahmed, have you seen the light and learned to think for yourself instead of thinking what a book tells you to think?

Posted by Sams-san | September 20, 2011, 6:19 am

Adhaalat party condemns President Nasheed’s comments on death penalty

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