Abstract—During the recent decades, the result of religious prophets has lost its attraction, and theology has become disfigured, so it has been made ugly. Undoubtedly, some of existing non-peaceful and harsh rules and measures within the religious books and contexts have been considered as the reasons and excuses for defamation of religions. Based on library sources and also extensive research in Quran and Islamic narratives, this study has aimed to find some alternative solutions and options to abolish and disregard those religious rules which are in contrary of human right charters and standards. The results have demonstrated that some of inhuman religious punishments such as execution, stoning, whipping as well as religious discriminations and warlike behaviors are in contrary of some other religious contexts and concepts. This finding has proved inadaptability between some religious contexts and religious records.

Keywords—Adjustment and abolishment, discrimination, religious commands and laws, tolerance, violence.

I. Introduction

If we want to appraise the totality of religiosity throughout history of tens of thousands of years from Adam to today and specially the present century, we do not, unfortunately, see any good result. To judge whether the first ideologues were at fault or those who later led religion, is a difficult task. But what is important now is that the world of man is brimming with poverty, unemployment, hunger, prostitution, helplessness, depravity, family conflicts, divorce, spiritual and psychological diseases, inability to cure diseases, oppression, absence of trust, fraud, threat, military competition, insecurity, war and slaughter. In this situation, kindness, the concept with divine origination is minimized and cruelty and violence have become dominant.

Coercion, deception, and plunder in economic, social and political spheres are the undeniable features of the present time. These catastrophes among people with each other and the behavior of governments with their own citizens from one side, and the behavior of international superpowers toward the weaker nations, from the other side, are obvious, and all justifying their actions with different excuses. Even the laws and instructions of the Universal Declaration of Human rights

are not executed fairly, but with discriminatory which has resulted in new slavery in different territories around the globe. Along with these crises, the danger of atomic war is challenging the continued existence of man. These difficulties and catastrophes demonstrate that the followers of divine religions like Judaism, Christianity and Islam, on one hand, and the believers of non-divine ideologies and schools, on the other, who claim to protect man and save humanity, have been practically unsuccessful in their belief and value of human rights, although they are not ready to confess their failure, due to prejudice, habit or because of their competition with others. If weakness of conscience is an index of distance from god, godlessness is, then, at its height.

In such an atmosphere, the followers of god are faced with problems in their religious beliefs and are amazed to such an extent that continued faithfulness in religion has become difficult, and a ground for obvious escape from religion all over the world is prepared. The recorded teachings, commands and laws in divine books along with the traditions of the religious leaders in terms of worldview and ideology are mostly in contrary of the principles of conscience, human rights, peace and democracy. This has intensified the problem and caused the people to never follow their previous generations and abandon the religions. Therefore, the religions are not interesting and the tendency toward divinity is on the threshold of destruction. Therefore, it is necessary to untie the hands and tongues of religious believers from the unreasonable, unjust and abnormal teachings, laws and regulations, and replace them with rationality, comfort, facility, peace and justice so that the anxiety in this respect disappears, and, thereby, the tendency toward an interest in religion is extended.

It should be noted that there are many signs and proofs of discriminations within some commands and laws of religions, especially Islam. For example, the laws concerning women and religious minorities are discriminatory. Punishments such as whipping, hanging, dismembering and stoning are all inhuman and cruel. Holly war is mixed with destruction of countries and depravation of people's liberty, and brings along with it homelessness and bloodshed.

In a general classification, divine commands are divided into two categories of "primary" and "secondary" commands. When the "primary commands" are changed because of different exigencies, they are called "secondary commands". Another approach is the concept of "abolisher and abolished" to leave some religious rules. So since the religious laws are interpreted based on jurisprudence, there are some ways in religion to modify or change those divine laws which are hurting the individuals and society. The aim of such modifications is to secure the interests of people. In Quran and in traditions, there are references and reasoning in this respect and some examples are given below:

II. DENIAL of Distress and Constriction

There are verses in Quran saying God wants ease for humans and does not want people to fall into trouble because of their religious beliefs and rules or to be in economic, security, sentimental hardship [1]. So the rule of “Denial of Distress and Constriction” has been proposed to modify or abolish the certain religious rules or laws which cause distress and constriction in present time.

III. Tolerance and Indulgence and Negation of Hard Work

According to a saying by God who created human beings, those who took distance from him and imagined that their creator has forgotten them came to this conclusion by the wheels of pressure, helplessness and desolation [2]. In some verses of Quran, this reality has been considered that man is weak, and by nature does not have a positive reception toward coercive and imposing opinion and wants to save himself from obedience to strict and harassing laws [3]. Therefore, if he obeys the divine laws which are not accommodating to him, he will ultimately distance himself from such laws and will go astray. In this respect, there are a few traditions from the prophet saying: (a) I have been elected for an easy comfortable and smooth religion [4]. (b) I have come to bring a religion with easy and comfortable rules and regulations so you do not face distress and constriction and fall into trouble [5]. (c) God commanded me to take care of people and not bother them, to be conciliatory, and to sooth them as he commanded me to promote prophecy [6] and execute what is necessary [7], [8].

Although the above Qur'anic and the traditions' claims have not been realized but these references, nevertheless, show, first of all, that importance of indulgence in religious affairs is as important as the prophecy itself, and the elimination of restrictions and rigidity in respect of divine laws is obligatory and necessary. Second, the religious laws and commands should be protective of and helpful to individuals and society and people should not consider them an obstacle to securing their essential needs such as psychological, emotional, sentimental, physical, instinctive, economic, etc. Therefore, according to above references, once it is recognized that religious laws cause hardship to individuals and society and are a hindrance, they should be removed.

IV. Importance and Superiority of Rationality

An important principle of jurisprudence says that religious laws should not be against rational expediency because religiosity and divinity are not in competition with reason, conscience and experience but they coexist and reaffirm each other. Consideration of rational expediency is so important that Mohammad ibn Abdullah says that reason is the foundation of religion [9], and anyone who tramples upon individual and collective reasoning under pretext of protection and expansion of religious and divine values has no religion and no faith [10].

In one tradition, we read that God did not appoint anyone as prophet unless he made his reasoning perfect and made him superior to others [11]. This saying shows, on one hand, the perfect and integral container for reception of inspiration by the prophet, and, on the other hand, it shows that the reason of the prophet should be superior to those of the followers to be able to answer the questions and remove doubt. In this way, even in the case of prophets who have been the receptors of divine inspiration, reasoning has not been considered in opposition to and negating inspiration.

Ali ibn Aboutaleb has said that “Wisdom is God's prophet within human beings [12]. He also has a poem highlighting a list of factors to remove tyranny and oppression from mankind in which wisdom is number one. In contrary of many religious people who prefer religion to wisdom, he considers rationality rather than religiousness. The reasons could be the followings:

1) All men have wisdom but many have no religion.

2) It is true that both religion and wisdom are fallible and subject to misuse, but rationality is obvious in people's behavior, while religiosity is followed by pretention, divisiveness and false claims.

3) According to Mohammad ibn Abdullah, to reach God, rationality is superior to religious good actions [13]. There is also this possibility that men of religion reach nowhere after 70 years of prayer while wise men reach their destination with one hour of thinking [14] and lead individuals and society towards the Great Creator and make them happy. The history shows, however, that the claimants to religiosity are mostly ignorant of the unifying truth and have distanced from God.

4) Religions and sects, being immature, insufficient and incomplete, are subjects to exigencies of past and are full of internal contradictions. It is impossible to understand important facts without benefitting from wisdom and conscience.

5) Religiousness without wisdom makes man arrogant of his fruitless believes and pretentious prayers and leads him to blind prejudice. Religiousness along with wisdom is the way of Abraham the Pure who instead of being satisfied with quotations of his ancestors' religion regarding resurrection asked this question based on wisdom: God show me how you make the dead alive [15].

6) It is true that there have been miracles in divine religions but the most important divine calls have been based on invitation to thinking, wisdom, warning, and reflection and not prayer.

7) The prophet's most preoccupation was thinking and not prayer [16].

Therefore, due to importance of rationality, if there are some religious laws that are not compatible with wisdom and conscience, they should be changed or, even, abolished.

It is necessary to explain that the above discussion does not aim to introduce wisdom as a certain support and independent of theology as it has, throughout history, proved its inability to lead man to happiness, and many great men in politics, economics and science who have advanced based on wisdom have failed and confessed to their weakness. The objective is to pass the obstacles and red lines envisaged in religion which have prevented and limited wisdom and conscience, and avoid tales of superstitions.

The main principle in all religions is god. Religions were inspired to show the way of closeness to god and take man to him. The god who has been called charitable, kind, generous, tender, extenuating, and is remembered as protector of mankind, and who, according to religions, places man as the noblest of his creation and crowns him with generosity. He who sent prophets and the divine book to establish portion and justice and to purify man from ignorance, oppression and corruption, a god who elected conscience as his representative within man and a court which needs no judge and chose justice, equality, nobility, friendship, understanding, tenderness and forgiveness as the index of closeness to him. Throughout history, man has sought and is seeking religion to reach such god.

Against this, discriminatory, strict, harsh and war-mongering religious laws are imposed under the name of god with unrepairable destructive results. As can be observed, these laws cause, first, oppression and destruction of people's rights, and, second, cause humiliation and shame for believers in the world scene and destroy their character and prestige.

It is obvious that this trend causes pessimism, hate and evading religion. In situations like this, instead of reinforcing the desire to seek god and prepare the road for closeness to him, religions get the opposite result, which is defeating the purpose. As indicated, in all Quran verses and in traditions, the aims of all religious penalty and punishment is establishment of justice and protection of the rights of individuals and society in all life, financial, family, security, prestige, belief and spiritual dimensions. In Iran, after four decades of persistent strict, discriminatory, harsh religious laws, have any of the above aims been achieved?! Has the statistic of misdemeanor gone down? Have they had any preventive effects? Has moral, social, spiritual and ideal security been established?!

According to another law, elimination of loss is better than attraction of profit. Therefore, if we suppose that the continuation of above laws has had positive results but due to important losses partially mentioned, should their abolishment have a priority?

Although removal and abolishment of some of the laws under discussion may cause appearance of some corruption, but the main and greater corruption which is destruction of divinity and distance from god is prevented , and according to law of removing the most corrupt by corrupt , their abolishment is of priority, and if not done, another law which is the superiority of most important over important is also destroyed, and the most important duty of religion which is taking man to god is overshadowed by other factors.

X. Continuation of abolisher and abolished trend

Many of the commands and laws that the prophets initiated or executed were against their liking, some of which were mentioned here. Another example of such cruel laws which was not "established " in Quran are " signatory" and "constrained". That means it was not Islam that brought these laws but they had been established during the period of ignorance and some of them had constraints, and for different reasons, including the non- possibility of their abolishment during the inception of Islam, they continued. Their continuation, however, were conditioned upon certain restraints and situations which were, to some extent, considered as their indirect prevention, waiting for ways to abolish them officially in future.

Mohammed ibn Abdullah says that god will not end the world unless the discriminations imposed upon the people of books were removed [26]. Such evidence demonstrates that the culture dominating the period of ignorance would not permit justice and equality to be established. Therefore, Mohammad, like other prophets, wished for a day when all people were free from violence and discrimination.

Another argument which confirms the above view is the subject of slavery whose abolishment was not possible during the inception of the divine religions. It is true that this trade is inhuman and the divine religions should have abolished it, but such action was practically impossible. The reason is that from ancient times, slavery was an inseparable support of industry, trade and social life which was practiced until very recently in many countries, each of the religions negating it in indirect forms. For example, in Islam, respect for slaves and freeing them as a cultural and religious value was considered, and legal ways for their freedom was prepared.

It should be noted that god wills whatever he wishes [27]. Therefore, one cannot limit his commands to what is inspired in divine books or at a time. In other words, divine laws and commands follow the expediencies of time and collective benefits and the divine commands and laws cannot be considered fixed and unalterable, and, maybe, god will abolish them by other commands.

The prophet himself, even, depending on different expediencies of time and place abolished Quran verses [28], [29]. Therefore, not only in Quran some verses were abolished by other verses, but due to the exegesis nature of religion, the trend for abolisher and abolished has continued and will continue.

Now, we pose this question: if the prophets were alive today, would they not abolish violence-seeking and discriminatory commands and laws? A personality like Mohammad ibn Abdullah, one of whose wishes was elimination of discrimination and did promote some elements of human rights which was at zero level to a semi-level of justice, if he were alive now, would he not complete his mission and establish a system of equality? Would he not abolish religious, belief and ethnic discrimination? The person who could separate cruel retribution and punishments from arbitrary execution and show a way out for the accused, if he were alive today would he not abolish all harsh punishments? People who claim to be the leaders of Islam and protector of religion, should they not be active in adjusting and abolishing commands and laws which intensify escaping from religion?

XI. Discussion and conclusion

1) Noting that many verses in Quran confirm violence and belligerence, they have become appropriate tools for oppressive and expansionist regimes to, on one side, create terror and deprive and eliminate the opponents and, on the other side, use them for holly war and invading other countries.

2) Some of the points and secondary issues discussed here are confirmed by prejudiced and political religious figures, and are mentioned in their books. Even in the Constitution and other laws of the present Iranian government, there are laws like " No harm", but, in general, the secondary laws are either ignored, or misused for the propaganda and political purposes, and not for their main objective and human rights.

A case in point is the elimination of stoning from the laws of Iran which were executed a few years ago. First, they did not abolish this inhuman law belonging to the period of ignorance but, under international pressure and "dissimulation" the execution was stopped. Second, the prejudiced and political leaders (mujtahedins) were not in support of its abolishment but went along with stopping it under dissimulation and it is possible that in future without the necessity of political and dissimulation propaganda, an effort will be made to revitalize it.

In this government, protection and expediency of the system are considered of utmost importance and for this purpose the system permits itself to change, adjust, and abolish any religious command or law which might be a nuisance for its survival. Obvious cases of this kind are its alliances with Russia and China. Other observable cases would be the astronomical sums spent by military and terrorist groups in Islamic countries by abolishing law of " charity starts at home", which causes poverty, unemployment, and destitute among people who are the real owners of the wealth of the country.

3) Some of the interpreters and jurisprudents believe that at the time the primary commands were established all aspects of them, like being rational, harmless and easy, were considered by the founders of laws and, hence, claim they must be executed in the same form, and only in some exceptional cases stop them or make some minor changes.

The reasoning presented in this study refutes the absurdity of such claims. This study shows that many of the "primary commands" were, from the beginning, discriminatory, unjust, and harsh and they were made because of the dominance of violence and ignorance on society and if Mohammad ibn Abdullah were alive he would abolish all of them.

4) The prophet himself confessed to the "dual aspect" of Quran on which jurisprudence and extraction of Islamic laws are based and ordered that between different aspects taken from the book take the good aspect [30]. What is the best aspect? Certainly, it has manifested itself differently in each age and today it can be achieved by abolishing discriminatory, violent and war-provoking laws.

5) History shows that the remaining legal laws of Islam seem irreconcilable with the western United Nations' human rights charter. Although some efforts were made to reconcile these two categories and some discussion such as Islamic democracy and Islamic human rights were proposed but nothing resulted.

At a higher horizon, the writer has struggled for many years, from within and without prison, to present different ways from within religion to have irrational and outdated laws removed and to have discriminatory, violent and war provoking command and laws abolished. These efforts have been considered in harmony with modern, rational and human rights values and the present study is a sample of it.

However, our efforts cannot have noticeable results because, from one side, no international support has been given and our voice does not reach anywhere in order we could start a revolution in religious and ideological worldview, and, from the other side, power and wealth in the world of Islam, like in the past, is in the hands of those who misuse Islam for political purposes.

Therefore, the best work in present situation is to take the middle road. That is, to pressure the governments claiming to be Islamist , instead of spending the wealthy countries' wealth for holly war and intrusion into other countries, to think of improving people's lives, to prevent the waste of capital , major and minor theft of the public treasure, improving economic situation, reducing the ground for committing crime and corruption so that people are not forced, for securing their primary material, moral and instinctive needs, to commit actions with consequent harsh punishment.

6) Regarding the causes of discriminatory, inhuman and war-provoking legislation in religion, subjects such as the expediency of time was studied, and, of course, there are other causes relating to structures that the creator of being has willed and whose discussion is beyond this study.

7) The principle, and foundation of religiosity is the promotion of relation with the creator. A creator, not seen, of course, through the glasses of religions but one in distance from whom the cells of conscience die and in proximity of whom peace and human rights and democracy are reinforced. One of the necessities of closeness with such god is that whatever religious command and law are incompatible with justice, ease, peace, democracy and human rights be abolished or, at least, adjusted.

References

[1] – Quran: (Chapter 2: Verse 185) (Chapter 5: Verse 6) (Chapter 22: Verse 78).

[2] – Quran: (Chapter 23: Verse 106).

[3] – Quran: (Chapter 2: Verse 256, 286) (Chapter 4: Verse 28).

[4] - “Biharul-Anwar” [Oceans of Light], Compiled by Mohammad Baqer Majlesi, Beirut, vol: 22, p. 264.

[5] - Amin Ameli, Mohsen, “Ayan al-Shia” [the great Shia scholar], Dar al Taarof, Beirut, 1983, Vol: 10, p. 374.

[6] “Tuhafo al- Uqoul” [The Masterpinces of Intellects], Compiled by Ibn Shuba Harran, Salehan, Qom, 2011, p. 92.

[7] - “Wafi” [on exposition of Usul Kafi], Compiled by Muhsen Feyz Kashani, Maktab-ol-imam Ali, Esfahan, 1986, vol: 4, p. 458.

[8] “Wasail al-Shia” [Learning the Islamic Rules and Decrees], Compiled by Shekh Hurr Ameli، Ahl Al-Bayt, Qom, 1989, vol: 16, p. 208.

[9] - “mustadrak-al-wasail”, Compiled by Mirza Husayn Nuri, AlolBayt, Beirut, 1988, vol: 11, p. 173.

[10] - “Ghurar Al-Hikam Wa Durar Al-Kalim” [Exalted Aphorisms and Pearls of Speech of Imam 'Ali ibn Abi Talib], Compiled by abdol vahhab Tamimi , Darul Kotob al–Islamia, Qom, 1990, p. 27.

[11] - “Al-Kafi” [The Sufficient Book], Compiled by Sheikh Koleini, Darul Kotob al–Islamia, Tehran, 2010, vol: 1, p. 13.

[12] - “Ghurar Al-Hikam Wa Durar Al-Kalim” [Exalted Aphorisms and Pearls of Speech of Imam Ali ibn Abi Talib], Compiled by abdol vahhab Tamimi, Darul Kotob al–Islamia, Qom, 1989, p. 27.

[13] - Jafari, Mohammad-Taqi, “Sharh va tafsire Nahj al-Balagha” [Translation and Interpretation of the Nahj al-Balagha], Daftar-e Nashr-e Farhang-e Islami, Trhran, 1998, vol: 1, p. 181.

[14] - Tusi, Nasir al-Din, “Awsaf al-Ashraf” [The Attributes of the Noble], Ministry of Culture and Islamic Guidance, Tehran, 1373, p. 47.

[15] – Quran: (Chapter 2: Verse 260).

[16] - Tirmidhi, Abi Issa, “Shamail al-Nabawi” [The Characteristics of Prophet muhammed], 2008, Egypt, p.179.

[17] - Quran (Chapter 2: Verse 178) (Chapter 5: Verse 45).

[18] - Hurr Ameli، Muhammad, “Hedayatul Ummah ila Ahkam al- Aimmah” [Leading the Muslim Community to the Teachings of the Holy Imams], Majmao al-Bohoos, Mashahd, 1991, vol: 5, p. 605.

[19] - Majlesi, Mohammad Baqer, “Miratul Uqool” [Mirror of Intellects], Darul Kotob al–Islamia, Tehran, 1985, vol: 8, p. 224.

[20] Deylami, hasan , “Ershadol-gholoob”, Dar al-Sharif al-Radi, Qom, vol: 1, 1993, p. 74.

[21] - ibn Abi al-Hadid, “Sharh Najh ul Balagha” [Commentary on the Nahj al-Balagha], Maktaba-yi Ayatullah Marashi, Ghom, 1985, Vol: 20, p. 267.

[22] - Quran: (Chapter 3: Verse 108) (Chapter 5: Verse 67) (Chapter 7: Verse 68) (Chapter 33: Verse 39) (Chapter 36: Verse 17) (Chapter 38: Verse 87) (Chapter 54: Verse 5) (Chapter 68: Verse 52) (Chapter 81: Verse 27).

[23] Shami, Mohammad, “Sobol al-Hody valereshad”, Dar al-Kotob al–ilmiyah 1993, vol: 9, p. 135.

[24] - Shaykh Saduq, Mohammad Ibn Babawayh, “Elal ul-Sharaye”, maktab heydarieh, najaf, 1966, vol:2 p.597.

[25] - Najafi, Muhammad Hasan, “javaher al-kalam” [The Jewel of the Word], Dare Ehyao al-Toras al-Arabi, Beirut, 1943, vol: 32, p. 202.

[26] - Abu Hanifah Maghribi, “Daimul al-Islam” [Pillars of Islam], Daro al-Maaref ,Ciro, 1995, vol:3, p. 310.

[27] – Quran: (Chapter 5: Verse 1).

[28] -Faiz-ul-Islam, Ali Naqi, “Tarjomeh va Sharh Nahj al-Balagha” [Translation and Description of the Nahj al-Balagha], Faiz-ul-Islam, Tehran, 2001, p. 36.

[29] Falsafi, Mohammad Taghi, Resurrection in view of spirit and material, Daftar-e Nashr-e Farhang-e Islami, Tehran, 2012, vol: 3, p.118.

[30] - Tabarsi, fazl Ebn-Hassan, “MajmaolBayan fi Tafsir Quran” [The qualitative statement in interpretation of the Quran], Alalmy Institute LeLmatboat, Beirut, 1994, vol: 1, p. 40.

1-Hossein Boroujerdi a meta-physics theoretician and founder of the scientific doctrine of “wish actualization “and he is the founder of Monotheism without border school.

He is an Iranian liberal and secular minded religious leader who has jailed since 2006 because of his advocating the separation between religion and state and unalienable right of the individual to hold personal religious beliefs and to exercise freedom of speech. He condemned Islamic fundamentalism, radicalism and terror. Rejecting anti-Semitism and advocating religious freedom, he led benediction ceremonies in the presence of Shiites and Sunnis, Christians, Jews, Zoroastrians and Baha’is. He called for abolishment of capital punishment, and cruel, inhuman, degrading treatment or punishment such as torture, stoning and whipping. He established welfare centers for helping the poor and assisting victims of natural disasters and condemned personal financial gain from religious activities.