It considers those who gamble, commit adultery as offenders.
It considers those who gamble, commit adultery as offenders. They will then be dealt with according to the prescribed punishments. However, if the law of the land legalises the production, sale and serving of alcohol, prostitution, homosexuality, and other immoral conducts, then those who engage in such conducts may not be prosecuted under Islamic law.
If one is unable to earn a living and subsequently resorts to either stealing or other immoral means of earning, such as prostitution, in such cases Islamic punishment may not be carried out. Otherwise it will be against the teachings of the Qur'an, the Sunnah[^10], the consensus of the scholars, and reason: The Holy Qur'an states {except under compulsion of necessity [^11] }.
The (S) is quoted as saying; “(in) nine cases my people would be excused[^12].” Doesn't the consensus of the scholars agree with this? Doesn't reason point to the necessity of the duties and obligations being humane? In addition to the general principles which makes it evident that Islam is a religion or a “set of teachings” to facilitate and make life easy for mankind, Allah states, {Allah intends every facility for you.
He does not want to put you to difficulties [^13] .} Imam Sadiq alayhis-salam states, “Our followers are in a greater opportunity (facility) than what is between the heaven and the earth[^14].” However, the conduct of the ignorant and the greedy individuals in power reduces and narrows down, if not eliminates, the opportunities available to mankind.
The contradictions of those who claim to be Islamic governments may be as follows: under repressive and un-Islamic laws, and in inappropriate environments (from the Islamic point of view) they implement the punishments prescribed for a truly Islamic system[^15]. This (policy) presents Islam as a repulsive executioner, which drives people away from Islam. Secondly, they carry out those punishments while preconditions for their implementation are not met, as prescribed in jurisprudence texts[^16].
Thirdly they go further to prescribe other forms of punishments, penalties, as well as torture and imprisonment (under the banner of Islam) whereas there is no evidence for such measures anywhere in the four sources[^17] of Islamic jurisprudence, but in fact the four sources are totally against such measures. Such conducts by governments who carry 'Islamic' labels have depicted Islam as a brutal and oppressive regime.