How many of yuo believe that the shariah is the right code of law for humanity? And if so where is it being implemented correctly (remember nothing is perfect) or which place is trying to achieve that.
I for one think it is an anachronistic practice that will never find a home other than in a desert
And what do you suppose sharia is to begin with? Please define.
Hudood Law is one incy bit of the whole thing.
I do! But my understanding of Sharia is very different from the main stream Muslim understanding. For me, Sharia is an ever evolving code of law & order with the core constitution being Qur’an! IMO, Qur’an being the final scripture of God is not particular to the needs of only one time & age, but in fact is universal. Qur’an can be implemented in the contemporary society of today as it was in the society of tribes 1500 years ago.
Sharia evolved at the time of the prophet according to the different needs of the society and also as the Qur’anic revelation progressed. Usually the supporters of Sharia these days, carve out few particular years (mostly the last few years of prophet’s life) and declare those particular laws implemented at that time as the perfect law & thus try to freeze time at that particular instance! In this effort, they, intentionally or unintentionally, freeze spirituality, evolution of culture as well as the law of any society at that particular time 1500 years ago.
If one should ask a typical traditionalist Sharia follower about what is the verdict of Sharia Law on Cyber Crimes or Environmental Laws; he can do nothing but to confess that a new code of conduct must be established. This can only be done in an Islamic way based on the conscious consensus of the majority of the followers of Islamic faith as well as approval of the society Sharia is being implemented on. Such an addition to the law in this contemporary age is possible through the blessings of democracy where the law makers, selected by their constituents, based on an already established constitution (Qur’an, Bible, Bill or Rights etc.) argue over a proposed bill and then accept or reject it. And where the all constituents have the right to take up any law passed by any such a law making body to a court for its validity based on the constitution, and in my personal opinion Qur’an encourages all of the above & more.
It’s sad that those who tend to support Sharia in today’s world are after the symbolic gestures in regards of Hadood laws or laws of interest etc. Yet fail to recognize the bigger picture. They look back in time rather than looking forward.
There is also a misunderstanding with regards to Sharia where it addresses what is allowed or permissible and what is mandatory. For instance, slavery is not abolished according to the traditional Sharia of the past but one finds’ that even those who fiercely advocate Sharia today consider it abolished. Ask any of the so called Islamists today & they will totally shun the idea of an Islamic state promoting slavery. Yet, if asked their opinion on abolishing capital punishment, they refuse to do so!!! This might not be the case for Muslims, say a century from now. :~)
Aww Ahmadjee, how could you?! :(
I was hoping for an illuminating and insightful but loong essay from CH (with Ana's help), from his obviously endless repository of knowledge on such matters (NYA's ode only serves to increase my faith in CH). Frankly IMHO, CH, this is one of your much better topics and you can't make such profound statements and then not expound upon them further, if only for the benefit of us lesser mortals.
Ahmadjee, thank you for your answer, I agree with every point; my view exactly. You've just highlighted the working of Ijtihad in its better forms. Once again, thanks.
Sharia is nothing more than the interpretations of rulings based on available religious writings AS UNDERSTOOD by some early scholars of Islam.
Today all u hear is this is permissible under 'Hanafi' ruling or that is 'haraam' under the Shafi ruling etc.
Never have Muslims stepped back to look at the bigger picture that what they take for divine law or a 'Sharia' supposedly derived from Qur'an and Sunnah is nothing more than 'scholarly opinion' and 'majority consensus' of some scholars of the past.
There is no referendum every year by modern scholars to ensure those interpretations were indeed correct or applicable to changing times. There is a strict drive for 'taqleed' or plainly put monkey-see-monkey-do.
Ahmadjee, nice summation. Shura and Ijtehad are very central concepts to Islamic Shari'ah.
Only one question - why do you say Shari'ah should work within the existing democratic makeup of society, or through the blessings of democracy as it is today? Implementation of true Shari'ah will result in more of a democracy than western democracies. Non?
Re: Sharia
whoa!!!
excuse me brother
Chal,
Islamic law was for centuries the foundation of muslim society, and that society was the most peaceful in history. It was those muslims who caused the European reniassance (spelling?) and saved the Jews of Spain.....the greatest dynasty in History, the Ottomans, had this system and it would not have lasted so long had it not been just.
I have criticised Sharia law in the past, and the way it is practiced today-in part, piecemeal, there is no point. It is a system in its entirety which is just and fair, and history proves that. Parts may seem harsh, even to modern muslims, but as a slave of Rasool Allah, we as muslims, must judge the world by Allah's laws, and not judge Islam my modern laws.