An awesome analysis from Shaykh Atabek and Sulaiman Ahmed. I believe Avicenna Academy is at the forefront of reclaiming Islam from the hijackers who’ve infected our faith.
Here’s a summary/intro from a legal perspective before you start reading.
Tadheer punishment is a legal Islamic clause. The state can rule what they wish onto the perpetrators.
Hadd is an ordained divine punishment for earthly crimes.
So therefore, Abu Hanifa is saying “okay, the max discretionary punishment for public indecency (specifically acts of penetrative sex) is 39 lashes(40 lashes being hadd). I.e. UP TO 39 lashes is the max a state can try you for”.
Anything in between that is up to the state, time and place. So in today’s age and in the past you’d be hard pressed to find straight/gay couples having public sex in the town centre in the open. If you do, under an Islamic leadership, the state can argue for UP TO 39 lashes – now since human rights accords we’ve signed up for etc..that would be unacceptable, so you can carry out a punishment which is apt for today’s society, such as jail time, penalty, sex register, criminal record etc..
Recently we met ‘Ikrima the Liar’ in the incident of the Governor of Punjab and his killer. I spoke about the Islamic verdict on non-Muslims insulting the Prophet PBUH in a Muslim land. I demonstrated the opinion of Abu Hanifa (i.e that such people are not to be killed) from both the early and later authoritative Hanafi books. I also showed how Ibn Abideen, a much later famous 19th Century Hanafi actually rejected the opinion of Abu Hanifa which was narrated by hundreds of early and latest Hanafi authorities, only to take the opinion of an icon of the Salafi/Wahhabi movement, Ibn Taimia. We saw how he highly praised Ibn Taimia and twisted the statement of Muhammad Shaibani (the famous direct student of Abu Hanifa) just for the sake of supporting the opinion of Ibn Taimia which was based on few fabricated narrations and lies of people such as Ikrima, an individual from the…
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