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The Law God Didn't Write: Why Modern States Should Abolish the Ḥudūd Punishments
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Publisher: Gabriel Press
Pages: 184
Weight: 0.48
Height: 0.42 Width: 5.50 Depth: 8.50
Language: English
Who decides what God's law requires?
Amputation for theft. Stoning for adultery. Death for leaving the faith. For more than a century, reformers have asked how these punishments might be made fairer through stronger safeguards, higher evidentiary standards, and more careful courts. Dr. Mark A. Gabriel asks a more fundamental question: were they ever divine law to begin with?
Drawing on the influential work of Egyptian jurist Aḥmad Fatḥī Bahnasi, The Law God Didn't Write traces how classical Muslim jurists-not scripture alone-constructed the architecture of Islamic criminal law by defining offenses, weighing evidence, creating exceptions, and disagreeing with one another at nearly every turn. What reaches today's courtrooms is not a fixed and self-executing divine code, but the product of centuries of interpretation and human judgment.
Gabriel examines punishments associated with theft, adultery, false accusation, alcohol use, armed violence, rebellion, and apostasy. He argues that no modern state-equipped with police forces, prisons, and surveillance powers far beyond anything classical jurists imagined-should claim sacred authority over the bodies and consciences of its citizens.
Rigorous and unflinching, The Law God Didn't Write makes the case that abolishing these punishments does not require abandoning the moral values historically associated with them. It means preserving those values while relinquishing the violence once used to enforce them.
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