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Dr. David Liepert

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What's Al-Sharia, and What's Wrong With Sharia Law?

Posted: 06/19/2012 12:15 pm

Do you know the craziest thing about all the efforts some non-Muslims are undertaking to prevent Muslims from bringing Sharia Law here, to North America?

Islamically, there's actually no such thing as Sharia Law in the first place: it's a bilingual oxymoron, incorrectly implying that something perfect can be made by men.
But all those efforts, and all the confusion that surrounds them, make us wonder whether we Muslims who live here will eventually have to make what we consider a false choice, between our country and our religion.

The simple truth is, to most Muslims, for everything other than what we consider the "5 pillar items" like our declaration of faith, our charity, our prayers, our pilgrimage and our fasting in Ramadan, rather than a rigidly fixed set of laws, al-Sharia, "the path to the water hole" is a set of principles (principles like equality, justice, and the importance of linking rights to responsibilities and risks to rewards) promoting a set of simple practices (like living humbly, serving God and minding your own business) that Muslims believe are divinely ordained and therefore perfect. And so we also believe that if they were followed perfectly that would give us a perfect world.

So far so good.

Because most of us realize that no matter how they start out our laws end up being made by not-so-perfect people who don't always live up to those principles. In fact, sometimes they subvert those high-minded ideals for their own sake, and create laws that do the opposite of what they're supposed to do.

And when believers do that to their own religion, Muslims know that's called an abomination.
Most of us know that just calling something Sharia doesn't make it so.

But the problem is that it's the abominations of al-Sharia we so often end up talking about regardless, and the abominations we sometimes even end up defending, things like stoning adulterers, and/or oppressing women, and/or condoning pedophilia, for the sake of religious freedom.
But since those abominations are clearly indefensible Islamically, they can be --and should be-- rejected Islamically, according to al-Sharia.

So the choice isn't between Sharia Law and the West; it's actually between Islam and what's become of Sharia Law.

According to the Chair of Canada's Imam Council Imam Dr. Hamid Slimi, what's lacking in all our misconceptions regarding al-Sharia is a clear distinction between the revealed laws and principles --such as justice, freedom, consultative democracy etc., which one can find as the basis of many civil societies, Muslim and not -- and the contextually and culturally influenced interpretations which became derived laws over the last 1400 years. Because so few (Muslims and non-Muslims together) understand sometimes even the most basic principles of Islam, a schism develops between scholars and the rest of humanity, to the extent that many non-scholars think it's all equally al-Sharia. He also pointed out even the most learned scholars sometimes make mistakes. And regarding this article he told me, "Shari'ah is not as simple as one may think. Unless one consecrates oneself to the process and has a broad knowledge of texts, Tafsir/Quranic exegesis and Fiqh/Jurisprudence as well as of their specific validity, all we have is personal opinion."

That means to have any useful meaning, the English language phrase "Sharia Law" can only be understood as shorthand for the process of taking Islamic ideal-world perfect principles down into the reality we live with and for every step we take in between, kind of like what the phrase "Constitutional Law" means in America. No-one thinks "Constitutional Law" is anything but an ongoing field of study, examining a centuries long dialogue conducted by us, our lawyers, our judges, our jurists and our legislators about applying an ideal to the day-to-day world we live in, upon which our laws are based.

But if we're being honest, I think Western Muslims will have to admit that those religious freedoms we think we're protecting, among many other things, are actually better protected here than in many if not most (or perhaps even all?) countries throughout the Muslim world. And the abominations don't deserve defense, Islamically or otherwise. In fact, those abominations are responsible for the fact that what passes for al-Sharia in much of the world today is a travesty, that falls so far short of what it should be, and so far short of we already enjoy in both America and Canada because of our Bill of Rights and our Charter of Rights and Freedoms (which are already unquestionably "Sharia-compliant") that Muslims here should immediately and unequivocally reject them, paradoxically for the sake of so-called "Sharia Law."

In fact, we should defend our own country's traditions of Constitutional Law in their stead, because that's actually better Sharia than so-called "Sharia Law" has been since the days of Muhammad, peace be upon him.

Because claiming direct divine inspiration for your legal system makes it frighteningly easy to use the coercive power of religion counter to what most religions claim is the express purpose of faith. It's supposed to be about realizing our individual responsibilities to our Creator to help us control ourselves, not about seeking the power to control others. Since faith makes us all subject to a Creator who made everyone alongside us to some absolutely good purpose, that requires us to be good for everyone as well, faith is supposed to make us more equal to each-other, and make our societies more just.

An objective, honest and historically accurate assessment of Muslim history admits that instead of doing that, "Sharia Law" has often been abused to exactly the opposite purpose for over a thousand years.

How did that happen? When one of his companions once questioned the Qur'an's claim that some Christians had taken their leaders as lords in place of our Creator, Muhammad explained that by obeying priests in place of God, and subjecting themselves to scholars in place of seeking God's wisdom for themselves, especially when those clerics counsel obviously contradicted God's clear commands, some Christians had in fact done just that.

And looking at some Muslim's scurrying attempts to do the same -- a practice that led inevitably to abominations like the Jahili/ignorant death-eaters of franchised al-Qaeda, sucking up to their evil demon masters, committing atrocities no sane person could ever doubt were just dead wrong -- I'm not sure we Muslims are much better than they.

However, it's not just Muslim religious law that's being subverted. Another reason for Muslims clearly defending America and Canada's Constitutional traditions for the sake of al-Sharia is how fear of Muslims and al-Sharia has been used to subvert those foundational laws in a manner that works counter to our nation's express purposes of freedom, liberty and equality for all as well. And as an aside to Muslims and non-Muslims alike, I think the ease with which that subversion has been perpetrated here in North America is something that should frighten us all.

As a Canadian Muslim, who loves what's best about Islam and Canada together, I honestly believe Muhammad foreshadowed Canada in Medina over a thousand years ago, because that's what Allah told him to do. As prophet to Muslims, he used that authority and Medina's diverse people's personal election to make himself the world's first Prime Minister, and created a Shura Council that presaged Parliament.

And I think he did that because the Qur'an said God made us different diverse peoples so our diversity would help us better find our paths towards Him together. Muhammad knew al-Sharia was supposed to be good for everyone whether he or she were Muslim or not.

Because everybody needs water, for virtually everything we do, no matter what we do or who we are. Personally, I think that's why they called the Islamic principle of egalitarian justice al-Sharia in the first place, that helped them build up an fair, just, diverse, inclusive and tragically short-lived society over a thousand years ago in the Middle East, before traitors to Muhammad's divinely inspired intent, whether Muslim or not, whether willfully or not, and whether knowingly or not, began so very quickly to tear it back down.

But his example lives on, for those who make an honest attempt to find it: that's why Muslims following al-Sharia for real can get along with everyone who wants to get along with them. In religion you really do get what you're looking for. Authentic Islam really does mean peace.

My bottom line? There's no need to defend North America from al-Sharia. Al-Sharia, and Muslims who'll defend it and North America's highest values, are already here.

 
 
 

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12:44 PM on 07/21/2012
That was the net outcome. And you will be surprised to find that out of thousands and thousands of possible choices, hardly two or three were those which were directed through Shariah Court and also because of political pressure. Because some political parties wanted to punish their enemies and they wanted such cases to be tackled by the Shariah Court. So this is the reality of life. How can we change it? Let God be the judge, Let God be the God.
12:43 PM on 07/21/2012
Most of Islam and most of Christianity and most of Hinduism can be practised without their being the law of the country. The more so since the general principle accepted by the modern political thinkers is that religion should not be permitted to interfere with politics and politics should not be permitted to interfere with religion. Interference is what I am talking about, NOT cooperation. Cooperation is the second part of the same subject. So, if a society is permitted to live according to their own religious aspirations, why should the religious law concerned be made law of the land? I quote an example how the Shariah law has already failed in Pakistan. During the late General Zia's regime, Muslim Shariah Courts were also constituted. And the choice was left to the police either to charge a criminal and channel him through the Muslim Shariah Court or to channel him through the ordinary court. Do you know what was the result? Hardly any case was tried by the Muslim Shariah Court because police had raised the price of bribery and they threatened everyone that if they did not pay double the price of ordinary bribe, they would channel their case through the Shariah Court.
12:42 PM on 07/21/2012
So, this is the fundamental question. Therefore the conclusion is that coercion is not an instrument in religion, not a valid instrument in religion. The only authority in Islam, which was genuinely capable of being given the right to coerce, was the Founder of Islam, Prophet Muhammad (peace and blessings of Allah be upon him). Why? Because he was a living model of Islam and because when enquired about his character, his holy wife, Hadhrat Ayesha, said, he was the living Qur'an. So, the only person who could be genuinely entrusted with the faith of others, and be permitted to use coercion also where he felt that rectification was to be made by force, was the Holy Prophet. Yet, addressing him, Allah says in the Qur'an, (88:22-23): “Innama ania mozakkir lasta alaihim be mosaitir.” means “You are just an admonisher. No more.” You are given NO authority to coerce. You are not a superintendent of police. Mozakkir is exactly the superintendent of police. So, that is why I say neither coercion is possible, nor permitted by God. Moreover, what prevents a Muslim from following the Muslim law? Why should he wait for the whole legislation to be changed. Let God be the judge, Let God be the God.
12:41 PM on 07/21/2012
“La Ikraha fiddine” means “No compulsion in religion” This is a statement of the Holy Qur'an of course; but it is a universal statement which can never be changed. It is an example of how laws can become permanent and universal. It says there is NO coercion in faith or in matters of faith. No coercion is possible and NO coercion is permitted. So, here is the question: If one religion imposes its law on a society where people of other religions and denominations also live, how will this verse stand against your attempt to coerce ? Not only vis-a-vis the people from other religions, but vis-à-vis people from the same religion who are not willing. Let God be the judge, Let God be the God.
12:41 PM on 07/21/2012
In a society for instance, where theft is common place, where telling falsehood is just an everyday practice, if you enact Shariah law and sever the hands of those who steal, what is going to happen? Is that the purpose of Shariah? It's not just a question of sentimentality about religion. God's Will be done no doubt, but it will be done in the orderly way as God wishes us to do. Let God be the judge, Let God be the God.

It is not the love of Islam which is urging them on to demand Shariah law. It is just an instrument to reach to power, to capture power and to rule the society in the name of God. Society is already ruled by corrupt people, by cruel people but that is done in the name of human beings; that is tolerable to a degree. But when atrocities are committed in the name of God, it's the worst possible, the ugliest thing that can happen to man. So as such, we must think many, many times, before we can even begin to ponder over the question whether anywhere in the world, the law of religion can be imposed as a legal tender. Personally, I doubt it. Let God be the judge, Let God be the God.
12:40 PM on 07/21/2012
The question is that every country has a climate and not all the flora can flourish in that climate. Dates flourish in deserts but not in the chilly north. Similarly, cherries cannot be sown in the desert; they require a special climate. Shariah also requires a special climate. If you have not created that climate, then Shariah cannot be imposed. Every prophet, not only Prophet Muhammad (peace and blessings of God be upon him) every prophet first created that healthy climate for the law of God to be imposed, willingly not compulsorily. And when the society was ready, then the laws were introduced and stiffened further and further, until the whole code was revealed. That society was capable of carrying the burden of the law of religion, whether you call it Shariah law or any other law. Let God be the judge, Let God be the God.
12:40 PM on 07/21/2012
That is one area of difficulties. But there is another very important area of difficulty: That is, the lifestyle of the Muslims in most countries is not truly and profoundly Muslim. You see, you do not require a law of Shariah to say your prayers five times. You do not require the law of Shariah to make you behave honestly. You do not require the law of Shariah to be imposed to make you speak the truth and to appear as witness in court or wherever you appear as witness honestly and truthfully. A society where robbery has become the order of the day, where there is disorder, chaos, usurpation of others rights, where the .Courts seldom witness a person who is truthful, where filthy language is a common place mode of expression, where there is no decency left in human behaviour, what would you expect Shariah to do there? How the law of Shariah would genuinely be imposed in such a country, this is the question. Let God be the judge, Let God be the God.
12:39 PM on 07/21/2012
So, will a large section of not only Muslim society, but also a large section of non-Muslim society, be punished for such reasons as in themselves are doubtful. Whether it's valid or not, this is the issue. Yet there are extremists, everywhere and particularly those who go for Shariah to be imposed. You will find many extremist who are totally intolerant of others opinion. Consequently, such grey areas also will be taken as No Doubt areas by the extremists. They will say, 'Yes, we know; it's our opinion. It's the opinion supported by a medieval scholar or our thinking. And that is law. The Ulema are already at his throat. Also, they are insisting that a Shariah Court should not only be continued, there is already a Shariah Court in Pakistan to work, but its power should be enhanced. The final authority about whether the law is according to Islam or not should lodge with the Shariah Supreme Court. As such, again, the power balance will be shifted from the elected members of the country to the extremist Mullahs. So, once you accept something, which is impractical to be imposed, then this will always lead to various troubles and it is impossible for you to carry on without further complications. Let God be the judge, Let God be the God.
12:39 PM on 07/21/2012
Many such issues make the question of imposition of Shariah almost impossible. Moreover, the fundamental rights of other sects are also tampered with, or trampled upon, in many possible situations. For instance on the question of drinking of alcohol. Alcohol is forbidden in Islam, alright; but, the very question of whether it is a punishable offence and whether the punishment, if any, is imposed by man in this world, is a fluid issue. It is a controversial issue and has not yet been agreed upon by all the people involved. What is the punishment of drinking? The Holy Quran does NOT mention any punishment. This is a fundamental law, the Book of law and it is inferred from some Tradition, by some scholars, that; that should be the punishment. But that inference is far fetched and the Traditions themselves are challenged by others not to be authentic. Let God be the judge, Let God be the God.
12:39 PM on 07/21/2012
This is no all, there are so many other problems: For instance, according to some Shariah concept, the punishment for a crime is so much different from the concept of another sect, that Islam would be practised in the world so differently on the same issue, that it would create a horrible impression on the non-Muslim world. What sort of faith that is which advises one punishment for the same crime here and another there. And in some other places it is just the very thing to do and it's no crime at all.
12:38 PM on 07/21/2012
During the course of the inquiry, Justice Munir pointedly asked every Muslim scholar who appeared before him if he knew of a definition of Islam which could be acceptable by the other sects as well; which could equally apply to everyone and by the help of which we could define, 'Yes, this is Muslim', and 'That is not Muslim'. In the report Justice Munir submits that no two scholars of all the Muslim scholars interrogated, agreed on a single definition of what Islam was.

In the case of one particular scholar, he wanted some more time to think over it, and Justice Kayani, who was a partner with Justice Munir, had a very peculiar sense of humour. His answer was: 'I cannot give you more time, because you have already taken more than thirteen hundred years to ponder over this question. Is that not enough? If thirteen centuries, plus some years are not enough for you to be able to define the very fundamentals of Islam, what is a definition? How much more time would you require?' So this is a very grave issue. If the Shariah interpretation of one sect is imposed, then it will not just be the non-Muslims who will be dispossessed of the fundamental right of participation in the country's legislation, but within Islam also there would be many sects who would be deprived of this right.
12:38 PM on 07/21/2012
Within Shia Islam there are 34 sects whose interpretation of Shariah differs with each other. Within again, Sunni Islam there are at least 34 sects whose interpretation of Shariah differs with each other. There are issues on which no two scholars of different sects agree. Not superficial issue; even the fundamental ones. One has only to read the Munir Inquiry Report. Justice Munir, the Chief Justice of the Supreme Court was one of the two judges who were appointed to investigate into the background, reasons and the modus operandi of the anti-Ahmadiyya riots in 1953. Who was responsible and who was not? How to define a Muslim? Let God be the judge, Let God be the God.
12:37 PM on 07/21/2012
This is not all: Every religion, at the source is one and single and unsplittable, but as you pass along in period of time, the religion begins to diverge and split within and multiply and become more and more in number, so that the same faith which, for instance, at the time of Jesus Christ (peace be on him) was one single Christianity, turned into many hundreds of Christianity. Looked from the vantage point of different sects, the one single source appears to be different in colour. Different coloured, eye glasses are used by various followers of various sects. The same is true of Islam. It's not just a question of Sunni Islam and Shia Islam and how they interpret the Shariah. Let God be the judge, Let God be the God
12:37 PM on 07/21/2012
On issues of differences of opinion, the legislative body stands subordinate to the scholastical opinion of such scholars who specialize in understanding the Holy Quran; or who CLAIM to specialize in understanding the Holy Quran. What would be their mutual relationship. A body is elected to legislate. They legislate and you hear from some scholars of Islam that 'what you have proposed as a law is against the fundamental principles of Islam. Islam has no room for such nonsense'.

Whose voice should be heard? On the one hand, it would apparently be God speaking behind those people; but only apparently. On the other side, there will be voice of the majority of the people of the country. So the politico-religious dilemma becomes almost impossible to be resolved. Let God be the judge, Let God be the God.
12:36 PM on 07/21/2012
Obviously, parties come and go; majority parties today may turn into minority parties tomorrow. Everybody's wish is not fulfilled or carried out. But in principle, everybody has a fair chance and an equal chance to make his say heard at least by the opposition, on matters of common principle. But what would happen if one Shariah or one religion is imposed as the law of that country? If Muslim law were imposed in a country, all the rest of the people who are inhabitants of the same land, would have to be considered as second, third or fourth rate citizens of the same country with No say whatsoever in the legislation. But that is not all the problem is further complicated within Islam itself: Because Islam has a Book revealed by God and the Muslim scholars claim that it is their right to interpret the Book.