memri
January 6, 2010 Special Dispatch No. 2733

Iraqi-Born Sociologist Calls to Rescue the Somali People From the Islamist Militias in the Country

January 6, 2010
Somalia | Special Dispatch No. 2733

In mid-December 2009, a Somali man who had been convicted of adultery by an extremist Islamic militia was put to death by stoning, while his girlfriend was given 100 lashes. In response to this incident, the Iraqi-born sociologist and human rights activist Dr. Hamid Al-Hashemi, who resides in Europe, wrote an op-ed that was published on the liberal website Elaph.[1] In it, Dr. Al-Hashemi demanded that the international community, as well as the Arab countries, rescue the Somali people from the extremist militias that are taking over their country. He went on to contrast the Righteous First Caliphs' tolerant and moderate treatment of similar offenses with the intolerance of the extremists, and warned that action must be taken lest the chaos in Somalia spread to the surrounding countries.

The following are excerpts from Dr. Al-Hashemi's op-ed:

"The Muslim Somali People … Suffer from Insecurity, Poverty, and Poor Health"

"…[I would like] to direct [the public's] attention to the tragedy that the Muslim Somali people are experiencing. [This people] suffers from insecurity, poverty, and poor health; it lacks educational and other basic administrative services, and it is sunk in civil war. Such has been the situation since the [1991] fall of the government of Mohamed Siad Barre.

"It appears that the current era is the most dangerous [yet] for this good people. The Islamic groups [rose to power] in order to implement their religious belief in their homeland… at a time when the world was searching for every error and flaw in Islam and in the Muslims. On December 14, 2009, we were informed that an adulteress was to receive a flogging, and that an adulterer was to be stoned to death, in the Somali [town] of Afgooye – and this punishment is not the first of its kind [to be implemented by this group]."[2]

Past Caliphs Showed Mercy and Pardoned Sinners

"I do not intend to deny that this sentence was implemented at [various] times in the history of the Islamic state… but every shari'a ruling [is given] in accordance with the [unique] conditions and circumstances [of the particular case]. The ruling is shaped by the judge in accordance with the shari'a, and [also] by the society in which it is implemented. It is known that [the second] Caliph, 'Omar bin Al-Khattab [584-644 AD], stopped a thief from having his hand amputated as punishment[3]… [Fourth] Caliph 'Ali bin Abi Taleb [661-599 AD] likewise [mitigated] several sentences [meted out] for prostitution and adultery, [even though] he treated the matter with gravity…

One of these cases was of a man who had sodomized a youth. [Caliph Ali] told him: Choose one of three [ways of being put to death]: I collapse a wall on top of you, or I kill you with my sword, or I burn you with fire. [The man] said: Oh Emir of the Believers, what is the harshest punishment of the three? ['Ali] told him: Burning by fire. [The man] said: Then burn me. So the Emir of the Believers lit the fire. [The man] told him: Oh Emir of the Believers, wait until I bow twice [in prayer, and Ali] told him: Pray.

"After he finished praying, [the man] raised his hands heavenwards and said: Oh Lord of the Worlds, I have committed a loathsome act that You have forbidden; I came before the ruler You have set, before the deputy of Your Emissary [Muhammad], and I told him of it. I asked him to guide me [in atoning for my sin], and he gave me a choice of three [ways of being put to death]… I asked him: Which of these is the harshest punishment, which does not rescue one from the fires of Hell on Judgment Day? He told me: Burning by fire. And I chose that.

"The Emir of the Believers wept, as did the people around [him]. Then the Emir of the Believers said: Allah has already forgiven you. Then one of the men got up and said: 'Oh Emir of the Believers, how can you rescind one of the punishments of Allah the Almighty? ['Ali] answered: Woe to you! The Imam is the [ruler] set by Allah, and because the sinner has atoned… he must be forgiven.

"There are other incidents from the lives of the Caliphs and of the Companions of the Prophet, who were appointed as judges, [in which they] opposed such [death] penalties. Self-restraint, investigation [of the incident], and sensitivity were characteristic of the punishments [that they handed down]; rectification and a lesson were the first aims [of the punishment], and this while considering the overall circumstances in the country and the individual circumstances of the perpetrator."

"Rescue this Wretched People from the Hands of these Hasty Groups, whose 'Shari'a' Judgments are Nothing to be Proud of"

"Can this be compared to [the situation in] Somalia, which is today in such a miserable state? Was it thoroughly proven by evidence that these 'criminals' needed to be judged, and then that they must be given such severe punishments? [Moreover,] the youths who judged and carried out the judgment – are they of such a [high] degree of perfection and justice? Are they so noble as to be worthy of carrying out such judgments? And not only that – [one of the women] who were stoned to death was a mere child, and had not yet reached the age of maturity...

"I call on the international community to intervene to rescue this wretched people from the hands of these hasty groups, whose 'shari'a' judgments are nothing to be proud of. I also call on the international community to help this people manage its affairs, to provide it with food and medicine, and also with educational [frameworks] so that it can build itself up. There is also room for Muslim and Arab countries to participate in this mission – primarily because they are not distant [from Somalia and are likely to be harmed] by the spread of this country's chaos and suffering. The deeds of these pirates is the simplest proof of that."

Endnotes:

 

[1] Elaph.com, December 15, 2009.

[2] There have also been numerous cases in Somalia of women and girls stoned for adultery. See for example http://english.aljazeera.net/news/africa/2008/11/2008111201216476354.html, and http://news.bbc.co.uk/2/hi/8366197.stm.

[3] According to Tunisian researcher Dr. Iqbal Al-Gharbi, the sentence was rescinded for military reasons, namely that the amputation would prevent the man from becoming a soldier. About this and other examples of revoking and amending the laws of the shari'a, see MEMRI Special Dispatch No. 795, "Tunisian University Lecturer: Shari'a Must Not Be Implemented Today," October 6, 2009.

 

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