Political Rhetoric Vs. Islamic Jurisprudence: Does Islamic Sharia Prescribe 'Eyes to Be Gouged Out and Hands to Be Chopped Off', As BJP MLA Usha Thakur Claims?

By Ghulam Ghaus Siddiqi, New Age Islam 3 June 2025 Refuting BJP MLA Usha Thakur’s Claims: Understanding the Reality of Sharia and ‘Love Jihad’ In a controversial statement reported by Hindustan Times, Madhya Pradesh BJP MLA Usha Thakur called for extreme punishments against those accused of "love jihad," demanding that their “eyes be gouged out and hands chopped off.” She claimed, “Sharia, the traditional Islamic law, has a provision for such harsh punishments for such criminals.” Thakur described the accused as “criminals” who “very maliciously say they are doing 'sawab' (virtuous) work.” She further asserted, “If such evil people are caught (by the police), they will not be spared. Their houses, property, and everything will be confiscated, and they will roam the road as beggars.” (Source: Hindustan Times, link: https://www.hindustantimes.com/india-news/madhya-pradesh-bjp-mla-says-chop-hands-gouge-eyes-of-those-guilty-of-love-jihad-101748520936001.html This claim is a gross distortion of Islamic law. While Islamic Sharia does include hudud punishments such as amputation for theft and whipping, lashing or stoning for adultery, these are strictly regulated with high standards of evidence and specific conditions. For instance, amputation is only prescribed for theft meeting certain criteria — such as theft from a secure place of items above a minimum value — and does not apply if the thief is in dire need or if the stolen goods are consumable. Similarly, stoning applies only in cases of adultery with the testimony of four adult male witnesses or a confession. The offense labelled as “love jihad” does not fall under these categories or warrant such severe penalties. Moreover, Islamic jurisprudence emphasizes justice through due process, evidence, and trial by a qualified judge. Extrajudicial punishments or confiscation of property without legal procedures have no basis in Sharia. The severe measures advocated by MLA Thakur are not supported by Islamic law and reflect political rhetoric rather than authentic religious jurisprudence. BJP MLA Usha Thaku ----- Understanding Sharia: A Brief Overview Sharia, often referred to as Islamic law, is much more than just a legal system—it is a comprehensive guide for living a moral and just life according to the teachings of Islam. Its foundation lies in two main sources: the Qur'an, which is the word of Allah, and the Sunnah, which includes the teachings and practices of the Prophet Muhammad ﷺ. Over time, scholars have further developed the understanding and application of Sharia through consensus (ijma') and analogical reasoning (qiyas), allowing the law to address new situations while staying rooted in its core principles. Sharia touches on nearly every part of a Muslim’s life. It offers guidance on how to worship, how to behave ethically, how to manage family and social relationships, and how to deal with criminal behaviour in society. When it comes to criminal justice, Islamic law is carefully structured and divided into three main categories, each with its own purpose and scope. The first category is Hudud, which deals with specific offenses such as theft, adultery, false accusation of adultery (qadhf), and others. These crimes have clearly defined punishments in the Qur'an and Sunnah, and because they involve violations of divine boundaries, the penalties are fixed and not easily altered. However, in practice, these punishments are applied only when strict conditions are met, making room for mercy and avoiding injustice. The second type is Qisas, which focuses on justice for physical harm or murder. It operates on the principle of “an eye for an eye,” allowing the victim or their family to seek equal retaliation. Still, forgiveness and compensation (diyah) are also important options, reflecting Islam’s encouragement of mercy and reconciliation over revenge. This aspect of Sharia highlights the importance of individual rights and community harmony. Lastly, Tazir refers to all other offenses for which there is no fixed punishment in the Qur’an or Sunnah. In such cases, the judge is given the authority to decide the punishment based on the nature of the crime, the circumstances, and the goal of upholding justice. Tazir ensures that Islamic law can adapt to different situations and remain fair. Judges, while having discretion, are expected to act with integrity and ensure due process is followed. The Concept of "Love Jihad" in Islamic Jurisprudence The term "love jihad" is a modern, politically loaded phrase that has gained traction in certain socio-political narratives, particularly in parts of South Asia. It refers to the allegation that Muslim men intentionally lure women from other religious communities—particularly Hindu women—into romantic relationships with the goal of converting them to Islam. It is important to clarify that this concept has no foundation in Islamic theology, jurisprudence (fiqh), or classical legal tradition. Islamic law places a strong emphasis on integrity, consent, and transparency in all aspects of human interaction, particularly in matters of marriage. A valid Islamic marriage (nikah) requires the free and informed consent of both parties, the presence of witnesses, and the clear declaration of identities and intentions. The Prophet Muhammad ﷺ said, “There is no marriage without the permission of the guardian and two witnesses” (Sunan Abu Dawood 2085), emphasizing the need for clarity and openness in matrimonial dealings. Deception in marriage—such as hiding one’s religious identity or manipulating someone into conversion—is not just morally objectionable in Islam but also legally problematic. According to jurists, a marriage based on fraud or misrepresentation can be annulled under Islamic law. Classical scholars such as Imam Al-Nawawi and Ibn Qudamah held that fraud in marital contracts is grounds for annulment (fasakh), and deception is considered a serious ethical violation (ghish), condemned in both the Qur’an and Hadith. The Prophet ﷺ stated, “Whoever deceives us is not one of us” (Sahih Muslim 102). However, Islamic legal remedies for such situations are strictly judicial and must follow due process. Islam does not permit vigilante justice, violence, or communal retaliation in response to personal grievances. In fact, one of the objectives of Islamic law (maqasid al-sharia) is the preservation of human dignity, family structure, and social harmony. Any grievances—whether related to marriage, conversion, or fraud—are to be addressed through proper legal channels, not through extrajudicial means. In summary, the idea of “love jihad” does not align with Islamic legal teachings. Islam condemns coercion in religion (Qur’an 2:256: “There is no compulsion in religion”) and promotes honesty in personal relationships. The misuse of such narratives for political or communal purposes can distort the true ethical and legal principles of Islam, which are built upon justice, transparency, and mutual respect. Refuting Usha Thakur's Claims: A Detailed Analysis a. "Sharia prescribes gouging out eyes and chopping off hands for such criminals." This statement is a serious misrepresentation of Islamic law. While certain hudud punishments—such as amputation for theft or whipping for adultery—do exist in classical Islamic jurisprudence, they are applicable only under highly specific and narrowly defined circumstances. These laws are not applied arbitrarily and certainly not to the kind of situation referenced by Ms. Thakur. For example, in the case of theft, the Qur’an (5:38) does mention the amputation of the hand, but this punishment is conditional. Jurists from all four major Sunni schools agree that the value of the stolen item must exceed a certain threshold (nisab), the theft must be from a secure location, and the act must not be committed out of desperation or poverty. If any of these conditions are not met, the punishment is not applied (Ibn Qudamah, al-Mughni). Regarding adultery (zina), the punishment of whipping is prescribed only for unmarried individuals who are proven guilty beyond all doubt. This requires either a confession repeated four times or the testimony of four trustworthy adult male witnesses who witnessed the act directly (Qur’an 24:4; Sahih Muslim, Hadith 1691). These evidentiary standards are intentionally difficult to meet, reflecting the seriousness of issuing such a penalty. In short, Islamic law does not assign hudud punishments for cases of romantic or interfaith relationships unless one of the core offenses—like theft or zina—is proven with full legal standards. In the so-called “love jihad” cases, these criteria are not met, and thus hudud punishments are irrelevant. b. "Sharia has a provision for such harsh punishments for such criminals." This claim is misleading and inaccurate. Islamic jurisprudence does not recognize the specific offense described by Ms. Thakur—namely, that of religiously motivated deceit in romantic relationships—as a criminal offense warranting harsh penal measures. While Islam forbids dishonesty, and deception in marriage is grounds for annulment (fasakh), this is a matter for civil courts or religious tribunals, not for criminal courts, and certainly not for violent or extreme punishment. Islamic criminal law distinguishes between clear, codified crimes (hudud, qisas) and discretionary matters (tazir), which are left to a judge’s assessment based on principles of justice, proportionality, and evidence. Even under tazir, punishments must be based on due process and judicial oversight—not public outrage or mob justice. c. "If such evil people are caught, their houses, property, and everything will be confiscated, and they will roam the road as beggars." This statement promotes extrajudicial punishment and mob justice, neither of which are sanctioned in Islamic law. Confiscation of property or public shaming are not permissible forms of punishment unless issued by a legitimate judicial authority following a fair trial and based on legal evidence. The Prophet Muhammad ﷺ warned against vigilantism and emphasized the importance of due process, even when dealing with serious crimes (Sahih Bukhari 6788). Islamic law is structured around the objectives of justice (adl), mercy (rahmah), and the preservation of dignity (karamah). Property rights are protected, and punitive measures cannot be carried out without a clear legal basis. The Qur’an condemns those who act unjustly or beyond the bounds of law: “And do not let hatred of a people prevent you from being just. Be just; that is nearer to righteousness.” (Qur’an 5:8). In conclusion, the claims made by Ms. Thakur reflect a misunderstanding of both the principles and application of Sharia. Islamic jurisprudence is a complex, tightly governed legal system that upholds justice through rigorous legal safeguards—not through harsh, indiscriminate punishment or community-led reprisals. All this demonstrates that Usha Thakur’s claim about “Sharia-like punishment” involving mutilation for so-called love jihad is inaccurate, inflammatory, and fundamentally un-Islamic. It is neither grounded in the Islamic legal tradition nor supported by real-world Islamic legal systems. ------- A regular columnist with NewAgeIslam.com, Ghulam Ghaus Siddiqi Dehlvi is a classical Islamic scholar [Aalim, Faazil and Mutakhassis Fi al-Adab al-Arabi wa al-Ulum al-Shariah] with a Sufi background and an English-Arabic-Urdu Translator. URL: https://www.newageislam.com/interfaith-dialogue/rhetoric-islamic-jurisprudence-bjp-mla-usha-love-jihad/d/135758 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism