shariah_value.doc

8/11/2019 shariah_value.doc

1/48

Dr. Mohammad Omar Farooq

Associate Professor of Economics and FinanceUpper Iowa University, USA

Octoer !""#$Draft in progress% Feedac& we'come(

)omepa*e% http%++www.*'oa'wepost.com+farooqmEmai'% farooqm*'oa'wepost.com
http://www.globalwebpost.com/farooqmmailto:[email protected]://www.globalwebpost.com/farooqmmailto:[email protected]


2/48

Abstract:

Shariah is a common Is'amic term, -t wide'y mis-nderstood and misinterpreted. A societycannot e witho-t some 'aws or a 'e*a' framewor&. Since Is'ams *-idance is in a socia' conte/t,Is'am has some e/p'icit and specifica''y mandated 'e*a' precepts and in0-nctions. 1he 2-ran isto serve as the primary and divine so-rce for s-ch *-idance. )owever, Is'am is not a'' 'aw, as 'ifeitse'f cant e defined and dictated in mere'y 'e*a' terms. )istorica''y, 'e*a'ism emer*ed as thedominant mode of thin&in* and approach amon* M-s'ims, where form too& precedence overs-stance and spirit. D-e to s-ch 'e*a'ism, the *oa's and va'-es re'ated to Is'amic *-idance*rad-a''y faded to the ac&*ro-nd to the e/tent that Is'am has een red-ced to a she'' of codes,devoid of spirit, s-stance and dynamism. In this essay, the traditiona' 3mis4-nderstandin* of theterm Shariah is e/p'ored in depth, and the desired va'-e5orientation is contrasted with theprevai'in* 'e*a'ism. A set of va'-es and princip'es derived direct'y from the 2-ran is a'sopresented.

I. Introduction

)istorians often have wondered at the remar&a'e s-ccess of Is'am and the Prophet M-hammad

in formin* a new society. 1he pace of conso'idation of this society and its evo'vin* into one of the*reatest of civi'i6ations a'so has een mind5o**'in*. An American historian, even with an overtracist ias, ac&now'ed*ed this fact of history.7

81he rise of Is'am is perhaps the most ama6in* event in h-man history. Sprin*in* from a'and and a peop'e previo-s'y ne*'i*i'e, Is'am spread within a cent-ry over ha'f the earth,shatterin* *reat empires, overthrowin* 'on* esta'ished re'i*ions, remo-'din* the so-'s ofraces, and -i'din* -p a who'e new wor'd 5 the wor'd of Is'am. 9

1he c'oser we e/amine this deve'opment the more e/traordinary does it 3Is'am4 appear.1he other *reat re'i*ions won their way s'ow'y, y painf-' str-**'e, and fina''y tri-mphedwith the aid of powerf-' monarchs converted to the new faith. 9

:hristianity had its :onstantine, ;-ddhism its Aso&a, and


3/48

the wor'd often mi*rated to the road Is'amic po'ity in search of peace, sec-rity and prosperity.1he new -niversa'ist po'ity, not racia''y Ara any more, attracted peop'e from many parts of thewor'd% ;i'a' 3a s'ave from Ayssinia, now Ethiopia4, Sa'man from Persia, Shoai from ome, andso on.

Despite a'' the -ps and downs thro-*h interna' and e/terna' tensions and conf'icts, the p'-ra'isticorientation of the Is'amic po'ity contin-ed. 1he Is'amic r-'e in Spain provides an i''-strativee/amp'e of Is'ams ai'ity and s-ccess to e p'-ra'istic and dynamic. 1hree of the *reatestpersona'ities of the three Arahamic faiths re'ate to this period and environment% Averroes 3In-shdG Is'am4, Maimonides 3H-daism4 and 1homas Aq-inas 3:hristianity4.

8Averroes, Maimonides, and Aq-inas 'ived d-rin* a time of -nprecedented and reciproca'spirit-a' inte''ect-a' and c-'t-ra' e/chan*e etween Is'am, H-daism, and :hristianity,specia''y d-rin* the so ca''ed 8o'den A*e of M-s'im Spain? that contin-es to inspire,oth y its hi*h 'eve' of civi'i6ation and its to'erance.?B

1he Is'amic r-'e in Spain was an attraction for E-rope on acco-nt of oth economic andinte''ect-a' reasons. E-ropean scho'ars and 'earners -sed to come to the instit-tions of hi*her'earnin* there, which was instr-menta' 'ater in the renaissance in E-rope.

rad-a''y, the fate of the entire Is'amic civi'i6ation chan*ed, as the western civi'i6ation emer*ed,and in the confrontation etween M-s'ims and the Jest, the M-s'im wor'd s-cc-med to thes'ippery s'ope of decadence, whi'e the Jest prevai'ed as victorio-s and dominant.

=ow the center of h-man civi'i6ation has shifted to the Jest. Jhi'e non5M-s'ims are not *enera''yattracted to mi*rate to the M-s'im wor'd, M-s'ims from aro-nd the wor'd are deep'y attracted ythe Jest 'i&e a ma*net.

Indeed, the more a M-s'im5ma0ority co-ntryKis tryin* to ecome Is'amic from a traditiona'perspective thro-*h the introd-ction of Shariah, the more the Jest and others seem to e *ettin*scared or concerned, and even many M-s'ims of those respective co-ntries are ecomin*disi''-sioned and *rowin* impatient or a*itated.

8In the Jest, the idea of Shariah ca''s -p a'' the dar&est ima*es of Is'am% repression ofwomen, physica' p-nishments, stonin* and a'' other s-ch thin*s. It has reached thee/tent that many M-s'im inte''ect-a's do not dare even to refer to the concept for fear offri*htenin* peop'e or aro-sin* s-spicion of a'' of their wor& y the mere mention of theword.?

Does that mean that the notion of shariahhas 'ost its re'evance or is it etter that we avoid itL =otnecessari'y. Some peop'e wo-'d 'i&e to anish the word 8Hihad? from the voca-'ary of M-s'ims.#If we react in that manner, soon others mi*ht s-**est that we anish Is'am too from o-rvoca-'ary. Many times a notion can e distorted thro-*h misperception, mis-nderstandin* ormis-se. In s-ch cases, the so'-tion is not mere'y to discard a notion or term, -t to remove themis-nderstandin*, c'arify the a-ses, and ens-re that the pra/is of faith reasona'y andconscientio-s'y conforms to the c'aimed idea's.

3Hewish M-s'im :hristian Symioses, q-otin* Haco ;ender, President of 8eason and eve'ation?,

a-thor of 81hree Jise Men?, and a fi'm5ma&er descriin* the Hewish5M-s'im5:hristian symioses.4In &eepin* with the p'-ra'istic norm and herita*e of Is'am, as e/emp'ified in the :harter of Madinah

-nder the Prophet, instead of identifyin* a co-ntry as a 8M-s'im co-ntry?, we sho-'d prefer 8M-s'im5ma0orityco-ntry.?

51ariq amadan. Western Muslims and the Future of Islam$O/ford University Press, !""K(, P. B7.6Mohammed Ayoo. 8M-s'ims co-'d enefit from anishin* the word 0ihad,? Dai'y 1imes $Octoer "7,

!""#(, http%++www.dai'ytimes.com.p&+defa-'t.aspLpa*eN!""#:7":"7:story757"5!""#p*B#.
http://www.ajma.org/Symbiosis/Symbosis.htmhttp://www.dailytimes.com.pk/default.asp?page=2006%5C10%5C01%5Cstory_1-10-2006_pg3_6http://www.ajma.org/Symbiosis/Symbosis.htmhttp://www.dailytimes.com.pk/default.asp?page=2006%5C10%5C01%5Cstory_1-10-2006_pg3_6


4/48

8It is tr-e that scho'ars of 'aw and 0-rispr-dence have a'most nat-ra''y restricted themeanin* to their own fie'd of st-dy, that dictators have -sed for repressive and cr-e'p-rposes, and that the idea' of the Shariah has een most etrayed y M-s'imsthemse'ves, -t his sho-'d not prevent -s from st-dyin* this centra' notion in the Is'amic-niverse of reference and tryin* to -nderstand in what ways it has remained f-ndamenta'and active in the M-s'im conscio-sness thro-*h the a*es.?

Jhi'e Is'am -nder the 'eadership of Prophet M-hammad ro-*ht 'ieration and freedom fromh-man onda*e and -shered in scientific, techno'o*ica', economic and c-'t-ra' pro*ress as partof a dynamic civi'i6ation, the Shariahas it is ein* presented today seems to do 3and proa'ypromise more of4 0-st the opposite. JhyL In this essay, it is ar*-ed that one pivota' pro'em hasto do with some f-ndamenta' mis-nderstandin* ao-t Is'am and Shariah. 1he notion of Shariahhas not ecome irre'evant, -t it is now 'aden with *ross mis-nderstandin* and distortion, whichm-st e addressed.

II. Shariahvs. Fiqh: Contemporary Implementation nderta!ings

1o etter -nderstand and appreciate the pro'ems associated with the -sa*e of the term8Shariah?, 'et -s s-rvey some of the prominent nationa' e/periments with Shariah.

In the post5co'onia' conte/t, the co-ntry that has the deepest and the 'on*est of its ac&*ro-nd inso5ca''ed Shariah'aws is the Qin*dom of Sa-di Araia. Jith its formative sta*e e*innin* in 7"-nder M-hammad in Sa-d, and severa' phases of conso'idation and e/pansion, the Qin*domtoo& its c-rrent shape in 7CB! -nder Qin* Ad-' A6i6. 1he co-ntry, representin* 3or occ-pyin* theheart'and of Is'am with two of the ho'iest p'aces4, emer*ed -nder the conf'-ence of 3a4 thestr-**'e of Aras of that part to see& independence from the Ottoman empire of the non5Ara1-r&s and 34 the p-ritanica' Jahai movement that insisted on the 'aws of the co-ntry e*overned y Shariah. 1he monarchy and the p-ritanica' re'i*io-s esta'ishment have wor&ed o-ta power sharin* arran*ement, where matters of Shariah3narrow'y defined, re'i*io-s 'aws4 are 'eftwith the officia''y or*ani6ed and s-pported re'i*io-s esta'ishment, and the po'itica' and othera-thority are vested in the monarchy, which e/pects to e -ndist-red y the re'i*io-sesta'ishment. E/cept a few minor crac&s, the power5sharin* arran*ement has wor&ed o-t

convenient'y for the a''iance and has proven for the Qin*dom to e rather sta'e so far.

Pa&istan, since its independence in 7CK, has the d-io-s distinction of ein* the first Is'amicep-'ic of modern times. Since then it has ecome a n-c'ear power, -t has not s-cceeded inma&in* a transition to any representative form of *overnment on a s-staina'e asis. Every riefperiod of civi'ian *overnment has een interr-pted y mi'itary co-p. D-rin* the rei*n of enera'


5/48

At the end of Soviet occ-pation, Af*hanistan ecame an Is'amic ep-'ic and -'timate'y the1a'ian movement ass-med power in 7CC#. D-rin* its r-'e ti'' !""7, when it was removed frompower thro-*h the invasion y US5'ed coa'ition, it tried to imp'ement one of the strictest andharshest version of shariah, and earned condemnation of not on'y the rest of the wor'd, -t a'soits own peop'e fe't hosta*e -nder the 1a'iani cho&eho'd. =i*eria, another M-s'im5ma0orityco-ntry, has seen Is'amic res-r*ence in certain re*ions, where re*iona' M-s'im *ro-ps have triedto imp'ement shariahin their respective provinces+states.

1here is a pattern of these pro0ects of shariahimp'ementation. First, in a'' fo-r cases mentionedaove, it is associated with dictatoria', a-thoritarian or hereditary r-'e of an individ-a' or a *ro-pthat is se'f5imposed on the respective nation. Second, in case of Pa&istan and S-dan, Shariahhas asica''y meant hudood p-nishments, where Is'am5prescried p-nishments of serio-soffences, civi' and re'i*io-s, have een meted o-t in a society, even tho-*h r-'e of 'aw andindependent 0-diciary are not present and corr-ption+a-se of power of 'aw enforcementinstit-tions is rampant. Pa&istan a'so has imp'emented one of the most sweepin* reforms to rin*the economy and finance in comp'iance with Shariahy e'iminatin* interest from the entiresystem. )owever, apart from chan*es in form rather than in s-stance, the movement towardinterest5free economy has not improved the economy and the economic 'ot of the peop'e.

In case of Sa-di Araia, which c'aims to have its 'aws ased on Shariah,it remains one of theworst vio'ators of h-man and Is'amic ri*hts. 1here is no independent 0-diciary or r-'e of 'aw.1here is no constit-tiona' *-arantee of any defined ri*hts. Jomen sti'' cannot drive in the co-ntry,even tho-*h there is nothin* in Is'am that prohiits as s-ch. 1his is a'' the more -nfort-nate andironic eca-se Ma&&ah, the city of the ho'iest p'ace of Is'am, was fo-nded y a *reat woman.CJea'th in that co-ntry is concentrated in the hands of a powerf-' few. 1he shariah'aws of theco-ntry can e app'ied to anyone, other than the roya' fami'y. )owever, one of the asicprincip'es of Is'am is that no one R aso'-te'y no one R is aove shariahor 'aw. 1h-s, ShariahofSa-di Araia is asica''y Is'am t-rned on its head.

In case of Af*hanistan -nder the 1a'ian r-'e, the strict and harsh interpretation andimp'ementation of Shariahwas imposed on the peop'e in a draconian manner, which a'sotrivia'i6ed Is'am y p-nishin* peop'e even for men not &eepin* eard or women not coverin* the

an&'es, and so on. 1here was neither any d-e process of 'aw, nor any protection a*ainst physica'assa-'t or harassment in p-'ic y the 8virt-e?5po'ices. Of co-rse, the entire Af*hanistane/perience, inc'-din* the 1a'ian r-'e, which a'so had a vac--m that attracted non5Af*haniM-s'ims to -ti'i6e the co-ntry for their own radica' a*enda, was shaped y oth interna' ande/terna' factors and power p'ays of internationa' he*emonic interests.

1he case of Iran is remar&a'y different. It has ta&en the path of representative *overnance.Indeed, the revo'-tion came ao-t thro-*h pop-'ar participation and sacrifice of the mass.)owever, in two respects, Iran is sti'' entrapped in its environment. First, the re'i*io-sesta'ishment has een *iven the -'timate constit-tiona' power that is disproportionate for arepresentative form of *overnance. 1he power is too m-ch concentrated in a few 8*-ardian?re'i*io-s 'eaders, who have veto power. 1ho-*h this may e compati'e with Shiite 'e*acy ofimamate, it is servin* as a cho&eho'd on the Iranian society. It is important to -nderstand that

8revo'-tionary? fervors cant e a permanent condition. 1he transition to a norma' society m-st emade. S'o*aneerin* and rhetoric cant e s-stit-tes for ens-rin* f-'fi''ment of asic needs 3andeyond4 thro-*h adeq-ate economic deve'opment. >et, Iran is definite'y in a m-ch etter shapefor a host of reasons, interna' and e/terna'. Second'y, there are some 'aws that are too strict andtheir imp'ementation too harsh, especia''y in re*ard to women, the minorities and the po'itica' orre'i*io-s dissidents. Despite these pitfa''s, since Iran has -phe'd and s-stained to date its trac& of

9Mohammad Omar Farooq, 8)a00 and the ne*'ected 'e*acy of a *reat woman,? Is'amicity, Han-ary !C,!""K, http%++www.is'amicity.com+artic'es+Artic'es.aspLrefNI:"K"75!7CC.
http://www.islamicity.com/articles/Articles.asp?ref=IC0401-2199http://www.islamicity.com/articles/Articles.asp?ref=IC0401-2199


6/48

representative form of *overnance, there is hope that interna' dynamics wi'' faci'itate thereso'-tion of the pertinent matters in the ri*ht direction.

1he other nota'e case is Ma'aysia, which is -niq-e, in the M-s'im wor'd. It is the on'y M-s'im5ma0ority co-ntry to date that has s-ccessf-''y ro&en away from the traditiona' mo'd. It hasachieved the desired economic pro*ress, witho-t sacrificin* its Is'amic identity and orientation. Itis a mode' of p'-ra'ism in the M-s'im wor'd. It is pro-d of its Is'amic identity and root, -t does notpromote the rhetoric or si*noards of Is'am 'i&e the shariah5enamored co-ntries mentionedear'ier. Indeed, Is'amic 'aws and va'-es are ta&en serio-s'y in Ma'aysia, witho-t compromisin* itscommitment to p'-ra'ism or economic prosperity.

Unfort-nate'y, what is championed or demanded y the Is'amic reviva'ists as Shariahand what iscritici6ed and sh-nned y the Jest as Shariahis not c'oser to the Ma'aysian mode', -t isidentified with those other Shariah5imp'ementin* co-ntries, Sa-di Araia, Pa&istan, S-dan,

Af*hanistan 3the 1a'ian r-'e4, with draconian pena' 'aws and s-ppression of some of the asich-man ri*hts. Indeed, in these co-ntries, Shariahhas ecome synonymo-s not with Is'amicva'-es and princip'es, -t a'most e/c'-sive'y with harsh pena' 'aws or ordinances of which themost common victims are peop'e with 'itt'e or no power in the society. 1he case of )-doodOrdinance in Pa&istan that has res-'ted in tho-sands of rape victims R yes, rape victims 5 endin*in -p in prison and s-0ect to capita' p-nishment or whippin* is i''-strative.7"

1hats why a etter -nderstandin* of the concept of shariahis so important, especia''y in re*ardto the fact that shariah, as mentioned in the 2-ran and )adith, is m-ch roader and *eneric thanthe sense it is common'y -sed now.

8If the idea of esta'ishin* r-'es is indeed contained in the notion of Shariah3from theroot sha5ra5a4, this trans'ation does not convey the f-''ness of the way it is -nderstood,-n'ess its more *enera' and f-ndamenta' meanin* is referred to% the path that 'eads tothe sprin*.?77

Proper -nderstandin* of the notion of Shariahis now even more important than ever eca-se thetraditiona' view ao-t Shariahis fai'in* to meet M-s'ims e/pectations of Is'am to *-ide them andso've their pro'ems as we'' as harmf-''y po'ari6in* the society toward e/treme positions.

The weakness of the traditional construction of Shariah in meeting socialexpectations stresses the need for a fresh quest for the normative basis.Consequently, Muslim views on the position of Shariah in Muslim polity havebecome increasingly polaried between secularist and traditionalistviewpoints!."#

III. "hat is Shariah# $erceptions and %isperceptions

Jhy does the notion of Shariahhave s-ch a commandin* ho'd amon* traditiona' as we'' asreviva'ist M-s'ims, partic-'ar'y their re'i*io-s scho'ars, esta'ishments and movementsL Je'',historica''y it has een centra' to M-s'im -nderstandin* of the re'ationship etween Is'am and 'aw.

10For pertinent information and ana'ysis of this -nis'amic and inh-man e/perience, see Mohammad

Omar Farooq.ape and )-dood Ordinance% Perversions of H-stice in the =ame of Is'am, Is'amicity,Decemer !""#, http%++www.is'amicity.com+artic'es+Artic'es.aspLrefNI:"#7!5B7CG Asifa 2-raishi. )er)onor% An Is'amic :ritiq-e of the ape @aws of Pa&istan from a Joman5Sensitive Perspective," MichiganJournal of International Law$7CC, To'-me 7, pp. !5B!"(G Asma Hahan*ir and )ina Hi'ani. The HudoodOrdinance$San*5e5Mee' P-'ications, !""B(.

11amadan, op. cit., p. B7.12M-hammad Qha'id Mas-d. 8M-s'im H-rists 2-ests for the =ormative ;asis of Shariah,? Ina-*-ra'

'ect-re at the Internationa' Instit-te for the St-dy of Is'am in the Modern Jor'd, =ether'ands, !""7.
http://www.globalwebpost.com/farooqm/writings/gender/rape_fiqh.htmlhttp://www.globalwebpost.com/farooqm/writings/gender/rape_fiqh.htmlhttp://www.law.wisc.edu/facstaff/download.php?iID=175http://www.law.wisc.edu/facstaff/download.php?iID=175http://www.globalwebpost.com/farooqm/study_res/islam/fiqh/masud_norm.pdfhttp://www.globalwebpost.com/farooqm/study_res/islam/fiqh/masud_norm.pdfhttp://www.globalwebpost.com/farooqm/writings/gender/rape_fiqh.htmlhttp://www.law.wisc.edu/facstaff/download.php?iID=175http://www.law.wisc.edu/facstaff/download.php?iID=175http://www.globalwebpost.com/farooqm/study_res/islam/fiqh/masud_norm.pdf


7/48

8@aw is the primary re'i*io-s science in Is'am. Once committed to Is'am, the e'ieversoverridin* concern and q-estion is Jhat do I doG what is ods wi''+'awL @aw isessentia''y re'i*io-s, the concrete e/pression of ods *-idance 3Shariah, path or 'aw4 forh-manity. 1hro-*ho-t history, Is'amic 'aw has remained centra' to M-s'im identity andpractice, for it constit-tes the idea' socia' '-eprint for the *ood society. 1he Shariah haseen a so-rce of 'aw and mora' *-idance, the asis for oth 'aw and ethics. Despite vastc-'t-ra' differences, Is'amic 'aw has provided an -nder'yin* sense of identity, a commoncode of ehavior, for M-s'im societies. As a res-'t, the ro'e of Is'amic 'aw in M-s'imsociety has een and contin-es to e centra' iss-e for the comm-nity of e'ievers.

For the ear'y M-s'im comm-nity, fo''owin* the Shariah of od meant oedience to odscontin-in* reve'ation and to )is Prophet. Iss-es of worship, fami'y re'ations, crimina'

0-stice, and warfare co-'d e referred to M-hammad for *-idance and ad0-dication. ;oth2-ranic teachin* and Prophetic e/amp'e *-ided and *overned the ear'y Is'amic state.Jith the death of M-hammad, divine reve'ation ceasedG however, the M-s'im vocation tofo''ow ods wi'' did not. Qnow'ed*e and enforcement of ods 'aw were contin-in*concerns.?7B

Of co-rse, the aove view of Shariahand Is'amic 'aw is in a more *enera' sense. 1he practica'e/perience has een q-ite comp'e/. 1his is partic-'ar'y d-e to the fact that whi'e fo''owin* ods

*-idance in the form of 'aws and codes is indin*, ods *-idance in its comprehensiveness anddefinitiveness, as c'aimed, is not so c'ear. ods reve'ation, as contained in the 2-ran, did notcome to -s as a codified man-a' of 'aw. 1hese 'aws req-ire ascertainin* and interpretation yfa''i'e h-man ein*s.

81he 'itera' meanin* of Sharia is the road to the waterin* ho'e, the c'ear, ri*ht, or strai*htpath to e fo''owed. In Is'am, it came to mean the divine'y mandated path, the strai*htpath of Is'am, that M-s'ims were to fo''ow, ods wi'' or 'aw. )owever, eca-se the 2-randoes not provide an e/ha-stive ody of 'aws, the desire to discover and de'ineate Is'amic'aw in a comprehensive and consistent fashion 'ed to the deve'opment of the science of'aw, or 0-rispr-dence 3fih4. Fih,-nderstandin*, is that science or discip'ine that so-*htto ascertain, interpret, and app'y ods wi'' or *-idance 3Sharia4 as fo-nd in the 2-ran toa'' aspects of 'ife.?7K

Jhi'e ods *-idance is s-pposed to 'ead to a society that ref'ects etter 0-stice, harmony, anda'ance, why has the e/perience to date of the co-ntries e/perimentin* with Shariaheen ratherdep'ora'eL It sho-'d e noted here that a pivota' aspect of imp'ementation of Shariah in theaovementioned fo-r co-ntries is that it has not een done thro-*h pop-'ar wi'', -t thro-*h thea-thority and sheer force of the r-'in* 0-nta or dynasty. 1h-s, it is not acc-rate to say that thenotion carries *reat wei*ht with the mass.

Jhat happens is that traditiona' M-s'im mass is deep'y attached to Is'am, and ri*ht'y so.)owever, consistent with h-man nat-re, which *enera''y see&s freedom, sec-rity, peace, 0-sticeand prosperity, the M-s'im mass hard'y has any pro'em with Is'am, which in essence is dynamic,pro*ressive and a'anced. M-s'im mass wants Is'am, -t not as a cho&eho'd on them, and they&now in their heart that Is'am cant e either a*ainst h-man nat-re or a*ainst their interests and

aspirations. 1h-s, for e/amp'e, Af*hani peop'e have een deep'y re'i*io-s from a traditiona'perspective. e'i*ion and faith are dear to their hearts. )owever, even s-ch traditiona' peop'efo-nd the 1a'ian r-'e as an -neara'e encroachment on their f-ndamenta' h-man di*nity andri*hts. Pa&istan has een an 8Is'amic ep-'ic? since its inception, as its peop'e is a'so *enera''yvery re'i*io-s and attached to their faith and tradition. )owever, the overa'' society has ecome*reat'y sec-'ari6ed, and some sections more than others, especia''y as a reaction to thefanaticism, a**ressiveness and ri*idity of the proponents and se'f5proc'aimed

13Hohn Esposito. Islam! The Straight ath$O/ford University Press, !""(, pp. K5.14Iid. p. .


8/48

*-ardians+a-thorities of Is'am. 1here is an -ndenia'e rea'ity that the M-s'im mass does not havethe appetite for the &ind of shariahthat is ein* imposed on them from the top, especia''y ycorr-pt and power5*rain* dictators and monarchies.

)owever, it m-st a'so e ac&now'ed*ed that eca-se the M-s'im mass has deep attachment totheir re'i*ion, anythin* that is presented to them as divine and th-s indin* -pon them ma&esthem psycho'o*ica''y and emotiona''y v-'nera'e to acq-iescence or even manip-'ation.

In this conte/t, the notion that shariahis divine and imm-ta'e has *reat re'evance. If it is divine,then we are to treat the *-idance from A''ah as sacred, imm-ta'e and th-s indin* -pon -s. Ifsomethin* is from A''ah, then it cant e treated any other way. )owever, what e/act'y is divineand what is meant y shariahL Once we e/p'ore this iss-e in depth, we find rather stri&in*anoma'ies and discrepancies.

It is very common to ar*-e that shariahis divine and imm-ta'e. For a detai'ed presentation ofs-ch common oservations, see my s-rvey Jhat is ShariahL 5 Definition+Description potpo-rri.

81he Shariahinc'-des oth faith and practice. It emraces worship, individ-a' attit-de andcond-ct as we'' as socia' norms and 'aws, whether po'itica', economic, fami'ia', crimina'or civi'.

It may a'so sometimes e -sed to imp'y, in a more restricted sense, dos and donts5 ther-'es and re*-'ations for cond-ct and ehavior. @ast'y, it is a'so -sed as the eq-iva'ent ofthe Is'amic 'aws.

1he Shariahis th-s nothin* 'ess than the divine'y ordained way of 'ife for man. 1o rea'isethe divine wi'', man m-st fo''ow the Shariah. 1o 'ive in Is'am is to 'ive accordin* to theShariah. 1o *ive -p the Shariah or any part of it &nowin*'y, wi''f-''y or de'ierate'y is to*ive -p Is'am. A M-s'im m-st therefore do his -tmost to oserve and to imp'ement thewho'e of it, wherever and in whatever sit-ation he finds himse'f. )ence the M-s'iminsistence, persistence, commitment and passion for it.?7

?1)E E1E=A@ A=D U=:)A=I=

1he Shariahis for a'' times to come, eq-a''y va'id -nder a'' circ-mstances. 1he M-s'iminsistence on the imm-tai'ity of the Shariahis hi*h'y p-66'in* to many peop'e, -t anyother view wo-'d e inconsistent with its asic concept. If it is divine'y ordained, it can echan*ed y a h-man ein* on'y if a-thorised y od or )is Prophet. 1hose who adviserin*in* it into 'ine with c-rrent thin&in* reco*nise this diffic-'ty. )ence they recommendto M-s'ims that the 'e*a' provisions in the 2-ran and the concept of the Prophet as 'aw5*iver and r-'er sho-'d e down*raded .

;-t, as the manifestation of ods infinite mercy, &now'ed*e and wisdom, the Shariahcannot e amended to conform to chan*in* h-man va'-es and standards% rather, it is theaso'-te norm to which a'' h-man va'-es and cond-ct m-st conformG it is the frame towhich they m-st e referredG it is the sca'e on which they m-st e wei*hed.7#

8@aws are therefore an important and inte*ra' part of the Shariahand, as we havea'ready noted, it admits of no distinction etween its parts% to pray is as va'id,enforcea'e, o'i*atory and sacred as to cons-'t in co''ective affairs or to prohiitinterest or to stone an ad-'terer.?7

15Qh-rram M-rad. Shariah # The Wa$ to %od, e/cerpted from this 'in&. 1he a-thor was one of ma0or

fi*-res of Hamaat5e5Is'ami Pa&istan, who a'so 'ived in the Jest for a considera'e 'en*th of time anddedicated his 'ife to etter present Is'am to the M-s'ims in the Jest.

16M-rad, e/cerpted from this@in&17M-rad, e/cerpted from this@in&.
http://www.globalwebpost.com/farooqm/study_res/islam/fiqh/farooq_shariah.htmlhttp://www.globalwebpost.com/farooqm/study_res/islam/fiqh/farooq_shariah.htmlhttp://www.globalwebpost.com/farooqm/study_res/islam/fiqh/farooq_shariah.htmlhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p2.htmhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p2.htmhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p4.htmhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p4.htmhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p3.htmhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p3.htmhttp://www.globalwebpost.com/farooqm/study_res/islam/fiqh/farooq_shariah.htmlhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p2.htmhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p4.htmhttp://www.youngmuslims.ca/online_library/books/shariah_the_way_to_god/p3.htm


9/48

?In Araic, Shariahmeans the c'ear, we''5trodden path to water. Is'amica''y, it is -sed torefer to the matters of re'i*ion that od has 'e*is'ated for )is servants. 1he 'in*-isticmeanin* of Shariahrevererates in its technica' -sa*e% 0-st as water is vita' to h-man 'ifeso the c'arity and -pri*htness of Shariahis the means of 'ife for so-'s and minds.?7

8Fina''y, when man&ind had reached the sta*e of inte''ect-a' mat-rity and was ready toreceive the 'ast messa*e from A''ah S-hanah- wa 1aa'a, Is'am came with its comp'ete,comprehensive, and eterna' Shariah 3'aw4 for the who'e of man&ind.?7C

81herefore, when )e iss-ed )is 'aw, the Shariah, )e made it s-ita'e for a'' times andcomm-nities. Otherwise, )e wo-'d have indicated that this 'aw wo-'d e s-0ect toamendment, and wo-'d have o-t'ined the proced-re for s-ch amendment. Jhat a'' thismeans is that no 'e*is'ative, e/ec-tive or 0-dicia' a-thority has the power to amend ods'aw, which m-st e imp'emented in f-''.?!"

81he Shariahis the divine'y ordained code of ehavio-r that dictates the way of 'ife forman&ind.?!7

8Since the Qin*dom $of Sa-di Araia( has adopted Is'am, in word, deed and e'ief, as itsmode of 'ife, its society is ased on firm'y esta'ished princip'es derived from the

provisions of divine reve'ation, which sti'' constit-te the cornerstone of Is'amic civi'i6ation.Its system of *overnment is ased on 0-stice, cons-'tation, eq-a'ity and a desire toens-re the proper app'ication of the Is'amic Shariah in a'' its aspects.?!!

8Jhi'e shariah 'aw is sacred and imm-ta'e, fiqh is h-man science.?!B

8 ... Shariah is 0-st another name of Is'am and a pattern of tho-*ht and action *iven yIs'am, ... It sho-'d a'so e c'ear that there are no versions of Is'am. It is a deenrevea'edy A''ah and a way shown to -s y the Prophet 3peace e -pon him4. It is comp'ete codeof 'ife and presents so'-tions to a'' matters and the pro'ems of 'ife. ... Is'am providesc'ear and -nami*-o-s *-idance for 'ife.?!K

8ShariahN Is'amic @aw.?!

1his eq-atin* of Shariah with Is'amic @aw is not 'imited to the 'aymen, 0o-rna'ists, ordema*o*-es. 1hat it is so pervasive is evidenced y even wor&s of hi*h scho'arship who arecommitted to rin* ao-t a transformation in M-s'im tho-*ht patterns. For e/amp'e, Imam al#Shati&i's Theor$ of the Higher O&(ecti)es and Intents of Islamic Lawis a va'-a'e wor&,introd-cin* semina' contri-tions of Imam a'5Shatii. 1his time'y p-'ication of from a ma0orIs'amic instit-tion that has two no'e and *rand o0ectives.

374 1o reform M-s'ims ways of thin&in* and to reorder and reform-'ate their priorities.

18Shay&h Fara6 aani.Shariah% 1he :'ear Path$a S-nnipath commentary(19>-s-f a'52aradawi.1he @awf-' and the Prohiited in Is'am$avai'a'e on'ine(G Shai&h a'52aradawi is

one of the 'eadin* Is'amic scho'ars and 0-rists of o-r time. )is wor&s are wide'y read and respected in theM-s'im wor'd. )e is a'so c'ose'y invo'ved as one of the primary initiators of the E-ropean :o-nci' for Fatwaand esearch.

20Adi' Sa'ahi, 8Does Is'amic @aw =eed ModificationL?Ara =ews, May !!, !""#.21Hamiat-' U'ama. Shariah.22Sa-di Emassy doc-ment, 8)-man i*hts in H-dicia' System, !"""? $on'ine doc-ment(23Sistersinis'am.or*. eformin* Fami'y @aw in the M-s'im Jor'd24Qh-rshid Ahmad. 8Imp'ementation of Shariah,? trans'ated from Urd- ori*ina' in 1ar0-man-' 2-ran

Isharat, Octoer 7CCG Ahmad is a prominent 'eader and inte''ect-a' of Hamaat5e5Is'ami Pa&istan.25Shariah in Is'amic ;an&in* 'ossary, Is'amicity.com.
http://www.sunnipath.com/resources/Questions/qa00000898.aspxhttp://www.sunnipath.com/resources/Questions/qa00000898.aspxhttp://www.witness-pioneer.org/vil/Books/Q_LP/Int.htmhttp://www.witness-pioneer.org/vil/Books/Q_LP/Int.htmhttp://www.witness-pioneer.org/vil/Books/Q_LP/Int.htmhttp://www.e-cfr.org/eng/http://www.e-cfr.org/eng/http://www.arabnews.com/?page=5&section=0&article=82539&d=30&m=5&y=2006http://www.arabnews.com/?page=5&section=0&article=82539&d=30&m=5&y=2006http://www.jamiat.org.za/isinfo/sharia.htmlhttp://www.saudiembassy.net/Issues/HRights/hr-judicial-2-intro.htmlhttp://www.saudiembassy.net/Issues/HRights/hr-judicial-2-intro.htmlhttp://www.sistersinislam.org.my/baraza/reforming.htmhttp://www.jamaat.org/Isharat/1998/1098.htmlhttp://www.islamicity.com/finance/IslamicBanking_Glossary.asphttp://www.sunnipath.com/resources/Questions/qa00000898.aspxhttp://www.witness-pioneer.org/vil/Books/Q_LP/Int.htmhttp://www.e-cfr.org/eng/http://www.e-cfr.org/eng/http://www.arabnews.com/?page=5&section=0&article=82539&d=30&m=5&y=2006http://www.jamiat.org.za/isinfo/sharia.htmlhttp://www.saudiembassy.net/Issues/HRights/hr-judicial-2-intro.htmlhttp://www.sistersinislam.org.my/baraza/reforming.htmhttp://www.jamaat.org/Isharat/1998/1098.htmlhttp://www.islamicity.com/finance/IslamicBanking_Glossary.asp


10/48

3!4 1o re-i'd the Is'amic c-'t-ra' scheme and to present modern h-manistic and socia'&now'ed*e from an Is'amic perspective.!#

A we''5&nown contemporary scho'ar, whom I a'so respect hi*h'y, wrote the introd-ction to theaovementioned oo&, in which he mentioned%

1he most important and sa'ient means y which scho'ars so-*ht to achieve this *oa' wasthat of e'-cidatin* the o0ectives of Is'am, the ca-ses ehind Is'amic 'e*a' r-'in*s as we''as the intentions and *oa's which -nder'ie the Shari'ah, or Islamic Law.!

Ovio-s'y, the aove q-otations are more contemporary to o-r time. One reason for this is thatmore often than not, peop'es app'ied efforts are ref'ection of their contemporary -nderstandin*,re*ard'ess of what may have een the form-'ations of the past. Another, even more importantreason, is that the 'ater period of c'assica' Is'amic disco-rse does -se the term Shariah, -twitho-t e/p'icatin* it, a'most ass-min* that everyone &nows and -nderstands what it is and whatit entai's.

8Jhi'e the Shariamay e defined in a variety of ways, no definition that see&s to do0-stice to medieva' M-s'im tho-*ht can do witho-t the &ey concept of ah*am, renderedhere as cate*ori6ations. 1he Sharia is, first and foremost, the tota'ity of divine

cate*ori6ations of h-man acts 3al#ah*am fi'l af'al, al#ah*am al#+amali$a4. 1he medieva'M-s'ims were in fact m-ch more concerned with the e/p'ication of the concept of a divinecate*ori6ation of an act than with the e/p'ication of the concept of the Sharia as s-ch.Indeed, in many of their most renowned writin*s one does not find any disc-ssion at a'' ofthe 'atter concept, whereas disc-ssions of the former typica''y ta&e -p many pa*es.Freq-ent'y, rather than spea&in* simp'y of the Sharia, M-s'im scho'ars wo-'d spea& ofSharia cate*ori6ations 3al#ah*am al#shar'i$a4.?!

Jeiss oservation ao-t not havin* any disc-ssion ao-t the term Shariahin the ear'iest ofrenowned writin*s is in the conte/t of his oo& ased on the wor& of the eminent 0-rist a'5Amidi.Even tho-*h there may not have een any e/p'ication of Shariahas a notion in the ear'iest ofc'assica' disco-rse, in o-r contemporary time, the -se of this term is widespread, and e'ow aresome of the main points e/tracted from the aove5mentioned definitions+descriptions of Shariah.

a4 Shariahis divine.4 Shariahis imm-ta'e.c4 Shariahis the same as Is'am and it is 8comp'ete code of 'ife?.d4 Shariahis the same as @awG others say it is not.e4 Shariahis enforcea'e $witho-t any distinction etween prayer or crimes(.f4 Shariah$Is'am( provides 8c'ear and -nami*-o-s? *-idance for 'ife.

1his itemi6ed 'ist can e he'pf-' to e/p'ore and appreciate the -nderstandin* andmis-nderstandin* ao-t shariah. @et -s ana'y6e each of these separate'y.

Is Shariahdivine#

@et -s first ens-re that we -nderstand the word 8divine?. Accordin* to Merriam5JesterDictionary, the word means% 8of, re'atin* to, or proceedin* direct'y from od.?!CIs shariahdirect'yfrom odL 1he answer to this q-estion depends on how we define the scope of shariah. Fore/amp'e, if shariahis eq-iva'ent to Is'amic 'aw 3fih4, then it cannot e divine. 1he reason is

26Dr. Ahmad a'5ays-ni. Imam al#Shati&i's Theor$ of the Higher O&(ecti)es and Intents of Islamic Law

$Jashin*ton, D:% 1he Internationa' Instit-te of Is'amic 1ho-*ht, !""(, p. /ii.27iid., p. /i 3emphasis added4.28;ernard . Jeiss. The Search for %od's Law! Islamic Jurisrudence in the Writings of Sa$f al#-in al#

.midi$Sa't @a&e :ity, Utah% University of Utah Press, 7CC!(, pp. 75!.29http%++www.m5w.com+dictionary+divine
http://www.m-w.com/dictionary/divinehttp://www.m-w.com/dictionary/divine


11/48

indisp-ta'y c'ear% fihor Is'amic 'aw in its tota'ity is most'y h-man constr-ct. Even tho-*h one ofthe usul3so-rce methodo'o*ies4, the 2-ran, is re*arded y M-s'ims as divine, the other so-rces

R hadith, i(ma3consens-s4 and i$as3ana'o*ica' ded-ctions4 R are not divine.

1o f-''y appreciate the re'evance of the precedin* statement, it is important to -nderstand andac&now'ed*e some essentia' aspects of each of the three non5divine so-rces. It is important to&now that i(ma, even if achieved, is a h-man constr-ct. )owever, more important'y, there is hard'yanythin* on which there is i(ma, inc'-din* even the definition of i(ma. Many scho'ars doac&now'ed*e that on most thin*s peop'e c'aim i(mathere is no i(ma.

Accordin* to Imam In 1aymiyah, ... many pro'ems ao-t which peop'e thin& that there is i(maon them, whi'e in fact there is none. ather in some cases even the opposite view is correct andis -phe'd.B"

A'so i(mais not a so-rce to derive 'awsG instead, it is more for va'idation of a 'aw that is a'readyderived or form-'ated y others. Some scho'ars have e'evated the stat-s of i(maaove hadith.

And, there are others who have e'evated i(ma, q-ite -naccepta'y, aove a'' other so-rces,inc'-din* the 2-ran. )owever, there are a'so eminent Is'amic 0-rists, s-ch as a'5Amidi, one of the'eadin* scho'ars of usul al#fih, who had to reco*ni6e the 8proai'istic? asis of i(ma.

8Amidi seems, when a'' is said and done, to e'on* to the camp of those who saw theI0ma as f-nctionin* as a probableindicator of the 'aw, one that co-'d yie'd nothin* morethan opinion. 1r-e, he seems, on the iss-e of the a-thority of the I0ma, to try to stradd'ethe fence etween the two camps y affirmin* the nearconc'-siveness of the s-pportin*2-ranic and S-nnaic te/ts, especia''y the 'atter. ;-t near conc'-siveness is not, from atechnica' point of view the same thin* as conc'-siveness, and Amidi finds himse'fconstrained in the end to 'et the aso'-te a-thority of the I0ma rest -pon proai'ity. 1hisein* the case, he has no choice -t to re*ard the I0ma as act-a''y operatin* as aproa'e indicator dependent -pon the fa''i'e de'ierations of the individ-a' m-0tahid.?B7

For i(ma, p'ease read a d-'y doc-mented essay of mine 81he Doctrine of I0ma% Is there any:onsens-s.?

For m-ch of Is'amic 'aws, i$ashas een the most common'y -sed so-rce. It is ac&now'ed*edeven y Is'amic 0-rists and scho'ars that i$asis essentia''y a method of h-man reasonin*. Ofco-rse, the ana'o*ica' reasonin* is app'ied in connection with somethin* avai'a'e in the twoprimary so-rces% the 2-ran and the S-nnah. )owever, at the end, it is sti'' a h-man constr-ct,and th-s not divine. It is no wonder that there is hard'y any a*reement amon* 3or even within4vario-s schoo's of 0-rispr-dence on many s-ch matters of shariah. 1h-s, most of the o-tp-t ofi$ascant e re*arded as divine. For detai's, p'ease read another d-'y doc-mented essay ofmine 82iyas 3Ana'o*ica' easonin*4 and Some Pro'ematic Iss-es in Is'amic 'aw.?

Even tho-*h hadith is re*arded as one of the two primary so-rces, I wanted to dea' with it 'ast inthis conte/t, eca-se it is one of the most sensitive iss-es. )owever, a M-s'im is conscientio-s'yd-ty5o-nd to approach any s-ch iss-e in 'i*ht of the *-idance of the 2-ran and the S-nnah inan o0ective manner. 1he 2-ran is divine, as we e'ieve that it is direct, veratim and

-nad-'terated, fina' reve'ation from od. )owever, hadith is not at the same 'eve' of the 2-ran. Itis important to note that what constit-tes a-thentication of hadith, so that we can separate thesahih3a-thentic or so-nd4 ones and a'so e a'e to *rade or c'assify the rest, is a h-manprocess. Even the criteria or methodo'o*y of a-thentication is a h-man enterprise.

301aimiya, Fatawa, To'. I, p. K"#. Mata Q-rdistan5a'5I'miya, :airo, 7B!# A.), q-oted in S. A-' A'aMa-d-di, Islamic Law and /onstitution$@ahore, Pa&istan% Is'amic P-'ications, th ed., 7CB(, p. C!.

31Jeiss, op.cit., p. !K.
http://globalwebpost.com/farooqm/writings/islamic/ijma.htmlhttp://globalwebpost.com/farooqm/writings/islamic/ijma.htmlhttp://globalwebpost.com/farooqm/writings/islamic/qiyas_prob.htmlhttp://globalwebpost.com/farooqm/writings/islamic/qiyas_prob.htmlhttp://globalwebpost.com/farooqm/writings/islamic/ijma.htmlhttp://globalwebpost.com/farooqm/writings/islamic/ijma.htmlhttp://globalwebpost.com/farooqm/writings/islamic/qiyas_prob.html


12/48

Many M-s'ims mi*ht not &now that whi'e Sahih a'5;-&hari is the most hi*h'y re*arded co''ectionof the Prophetic narrations 3and deservin*'y so4, he did not specify what criteria he -sed toeva'-ate a narration and se'ect certain ones for his co''ection. Indeed, the compi'ers of the si/ma0or co''ections $sihah al#sitta(B!*enera''y have not specified or disc'osed their criteria. Otherscho'ars 'ater have attempted to identify what mi*ht have een their criteria, in a manner of8reverse en*ineerin*.?BB

8Most of the a-thors of si/ principa' oo&s of hadith did not descrie their criteria inse'ectin* the materia', e/cept for a sentence here and there, -t it is possi'e to arrive atsome conc'-sions from their writin*s. )a6imi and Maqdisi st-died the s-0ect. 1heyst-died the q-a'ities of narrators whose ahadith have een recorded in those oo&s andtried to find o-t a *enera' r-'e. )a6imi says that those scho'ars had certain criteria inacceptin* a narrator whose hadith they were *oin* to record in their oo&s.?BK

1he co''ection enterprise itse'f was -nderta&en severa' cent-ries after the Prophet, invo'vin*h-ndreds of tho-sands of peop'e. 1he compi'ers themse'ves did not specify the criteria ofa-thentication. Indeed, the 'ist of a-thentication criteria was not identica' amon* the compi'ers.1hats why, 'et a'one other co''ections, the two most hi*h'y re*arded co''ections, Sahih a'5;-&hariand Sahih M-s'im, have many hadiths that appear in one, -t not in oth.

Moreover, hadiths are *raded as sahih3so-nd4, hasan3*ood4, daif3wea&4 and maudu3faricated4. Jhi'e there is a road a*reement on many hadiths that are re*arded as sahih, thereare many ao-t which there is no a*reement ao-t their a-thenticity. Some hadiths are re*ardedsahihy some scho'ars, whi'e not so y others. A'so, ;-&hari and M-s'im ein* tit'ed as Sahihdoes not mean that a'' the hadiths in those co''ections are sahih. A'so to e noted is the fact thatthe a-thentication methodo'o*y of the compi'ers does not scr-tini6e a hadith in terms of its matn3te/t4, whether the content of any hadith is consistent with the 2-ran, other hadiths, oresta'ished historica' facts, etc.

1h-s, whi'e the a-thentication process and the no'e contri-tion of the hadith scho'ars havee'evated the hadith 'iterat-re at a m-ch hi*her 'eve' of acceptai'ity and re'iai'ity, scho'ars doreco*ni6e that -n'ess mutawatir3narrated in e/act'y simi'ar words thro-*h n-mero-s chains, ascontrasted with ahad 5 so'itary or simp'y non5mutawatir4, even sahihhadith yie'ds on'y

probabilisticor speculative&now'ed*e, not certainty. 1herefore, hadith 'iterat-re is a precio-streas-re for -s to enefit from as a comp'ementary so-rce of *-idance, -t the h-man inp-t is toohi*h to consider it as a divine so-rce. Since the 2-ran has on'y a few and most importantin0-nctions covered 3and even that, in *enera' terms4, and most of the shariah3'aws and codes4are ased on hadith, where hadith is not divine in the sense the 2-ran is, it is important to-nderstand why any c'aim that shariah3in a sense that it is a comp'ete code of 'ife, coverin* a''aspects of 'ife4 is simp'y wron* and -ntena'e. Indeed, anyone who c'aims that shariahR in thesense that it covers the entire spectr-m of 'ife for which sacred and indin* 'aws and codes area'ready 'aid o-t R is ma&in* an erroneo-s 3or worseV4 statement. S-ch a statement cant es-pported from an Is'amic viewpoint.

81he Sharia is ... the tota'ity of divine cate*ori6ations of h-man acts. ;-t thesecate*ori6ations have not, accordin* to the common M-s'im view, een precise'y spe''ed

321here are differences of opinions ao-t which si/ e/act'y are those co''ections. Inc'-sion of Sahih a'5

;-&hari and Sahih M-s'im is not disp-ted. 1he others that are *enera''y ac&now'ed*ed are% A- Dawood,1irmi6i, =asai, and In Ma0ah.

33everse en*ineerin*means the process of determinin* how somethin* was constr-cted y

e/aminin* on'y the finished prod-ct. Maqdisi was a noted scho'ar of si/th cent-ry A) and contemporary ofIn Sa'ah.. )e wrote 0isalat al#Hafi1 Mohammad i&n Tahir al#Madisi fi Shurut 2utu& al#a3imma al#Sitta.M-hammad Uthman a'5)a6imi is another scho'ar 3d.K+774, who proed into determinin* the criteria-sed y hadith compi'ers. )is oo& is Shurut al#.3immah al#2hamsah3ed. M.


13/48

o-t for the enefit of man&ind. 1r-e, od has revea'ed his eterna' speech R an attri-teinherin* in his very essence R to man&ind thro-*h prophets. ;-t when searches thro-*hthe repositories of divine reve'ation, one does not find an a-ndance of statements of theform W is o'i*atory 3or recommended, disapproved, foridden, etc.4. Instead, one findsa variety of 'ess precise 'in*-istic forms on the asis of which h-man scho'ars m-stascertain to the est of their ai'ity the divine cate*ori6ations and then *ive precisee/pression to them. Statements of the form W is o'i*atory are th-s, for the most part,the res-'t of h-man scho'ar'y effortG they are not themse'ves *iven. Jhat is*iven is ap'ethora of hi*h'y interpreta'e indicators 3adilla4 of the divine cate*ori6ations. od in hiswisdom has chosen to en*a*e h-man ein*s in the toi'some tas& of ferretin* o-t thecate*ori6ations from these indicators, of artic-'atin* what he himse'f has not precise'yartic-'ated. In this way he has afforded them *reater opport-nity for provin* their devotionto him and for attainin* favor with him.?B

So, can shariahe divine in any partic-'ar senseL First, if shariahis -nderstood as the DivineJi'', as in the words of one of the 'eadin* M-s'im scho'ars of o-r time Qha'ed Ao- E' Fad'38eterna' -nchan*in* 'aw as it e/ists in the mind of od?4,B#yes it can and m-st e re*arded as8eterna'?, 8imm-ta'e,? 8divine,? and 8infa''i'e.? )owever, we are not ena'ed to read the 8mind ofod.? od is Eterna', Infa''i'e, and whatever 'aws e/ist in his mind are imm-ta'e. ;-t that is notthe case with -s as h-man ein*s. Even in re*ard to the 2-ran, the ;oo& as the fina' reve'ation

is divine and th-s imm-ta'e, -t o-r h-man -nderstandin* and interpretation of the 2-ran arenot divine or infa''i'e.

Unfort-nate'y, M-s'im scho'ars+0-rists rare'y offer their tho-*hts+views+r-'in*s with the re'evantdisc'aimer. M-fti M-hammad 1aqi Usmani, who is a'so one of the most coveted e/perts in thefie'd of Is'amic finance, is not *enera''y an e/ception. )owever, in one of his wor&s, there is a rarecandor ao-t the fact that what is h-man inp-t is not infa''i'e.

... it needs to e rea'i6ed that whereas the 'aws ordained y A''ah and )is Prophet aresacred and there is no room for do-ts ao-t it, when these 'aws are codified, that codeof 'aw represents h-man effort, which is not infa''i'e, -t s-scepti'e to mista&e. 1hedraftin* of any 'aw is a very de'icate -nderta&in*. A'' possi'e sit-ations have to e &ept inmind and provided for in words. Since h-man inte''i*ence, ein* 'imited, cannot vis-a'i6e

a'' &inds of circ-mstances in advance, there is a'ways the possii'ity of f'aws andwea&nesses in any piece of 'aw. 1he Hudud Ordinances are no e/ception. 1hey mays-ffer from wea& draftin*. 1hey may contain some aspects that are in need of review andimprovement.B

1he 2-ran is imm-ta'e in the sense that we are not to discard or e'iminate any verse of the2-ran.BAny specific and e/p'icit in0-nction of the 2-ran R in the *enera' sense R is imm-ta'e.

For e/amp'e, fastin* is o'i*atory on any a'e5odied ad-'t M-s'ims. )owever, there are on'y afew verses ao-t fastin*, witho-t any detai's, which we 'earn from the S-nnah, as ref'ected inhadith. As soon as we *o into the detai's, we see that there are many diver*ent, and evencontradictory narrations, on the asis of which, -sin* i(ma, i$as, whenever re'evant, the scho'arshave derived f-rther detai's ao-t the r-'es. 1h-s, the disa*reements we see amon* vario-s

madha 3schoo's of fiqh4 are the res-'t of the h-man e'ement in the process of e/tractin* andform-'atin* the r-'es and 'aws. In this e/amp'e, that fastin* 3sawm4 is fard3o'i*atory4 isimm-ta'e. =o one can c'aim any 'on*er that it is not o'i*atory on a'e5odied M-s'ims. A'' otherdetai's, not e/p'icit'y specified in the 2-ran or esta'ished thro-*h mutawatirhadiths are

35Jeiss, op.cit., p. 7B.36E' Fad'. The %reat Theft$San Francisco, :A% )arper, !""K(37M-hammad 1aqi Usmani. 81he Is'ami6ation of @aws in Pa&istan% 1he :ase of )-d-d Ordinances,?

Muslim World, To'-me C# Iss-e !, pp. !5B"K, Apri' !""#, p. !C.38A'so, we sho-'d not re*ard any verse in the 2-ran as aro*ated, which essentia''y renders s-ch a

verse irre'evant and -se'ess after s-ch aro*ation.
http://var/www/apps/conversion/tmp/scratch_1/eternal%20unchanging%20law%20as%20it%20exists%20in%20the%20mind%20of%20Godhttp://var/www/apps/conversion/tmp/scratch_1/eternal%20unchanging%20law%20as%20it%20exists%20in%20the%20mind%20of%20Godhttp://var/www/apps/conversion/tmp/scratch_1/eternal%20unchanging%20law%20as%20it%20exists%20in%20the%20mind%20of%20God


14/48

avai'a'e on on'y proai'istic asis. 1hat does not mean that we cant -se those detai's. Indeed,we can and m-st. )owever, to c'aim that anythin* is 8divine?, s-ch as Shariah 3act-a''y, the -sersof that notion mean Is'amic 'aws4, whi'e most of which is h-man constr-ct, is e'evatin* thethresho'd for acceptai'ity of it to an indefensi'e 'eve'.

1he ottom 'ine is% the sense in which shariahis common'y -sed in terms of its scope andeq-iva'ence with 'aws coverin* the entire spectr-m of 'ife, where the detai's of the 'aws arederived not necessari'y from divine so-rce, -t from semi5divine 3hadith4BCand non5divine 3i(maand i$as4 so-rces, is =O1 divine.

1here is one other serio-s ne*ative ramification of treatin* Shariahin its comprehensive 'e*a'isticsense as divine. As e/p'ained 'ater in this essay ased on the wor&s of a'5Amidi, a noted scho'arof the c'assica' period, i(tihad, which constit-tes the asis of -'& of Is'amic 'aws in their detai'syie'ds on'y probabilistic&now'ed*e.K"F-rthermore, as the wor&s of In Qha'd-n contri-ted tothe repository of &now'ed*e of the h-manity in *enera', inspired y Is'am -t ased on anind-ctive method, indicates that at certain 'eve', see&in* &now'ed*e and -nderstandin* cant e'imited to mere'y sacred te/ts and ded-ction as a methodo'o*y. Another noted Is'amic scho'ar, a'5Shatii $d. C" A)( app'ied ind-ctive method to deve'op etter -nderstandin* of Shariahfrom theperspective of intent $maasid(.K7Unfort-nate'y, te/t5oriented ded-ctions from sacred te/ts*rad-a''y 'ed to red-ctionist 'e*a'ism.

Is Shariahimmutable#

Once a*ain, one m-st define Shariahto proper'y answer this q-estion. If Shariahis -sed in thecommon sense as it is -sed, and as ein* promoted y vario-s Is'amic movements and certainco-ntries that attempted 3or are attemptin*4 to 8imp'ement? Shariah, it is definite'y not imm-ta'e.Indeed, accordin* to Ma-d-di, one of the 'eadin* Is'amic persona'ities of twentieth cent-ry, deen3Is'am in the *eneric sense of s-mission to o-r :reator od4 is imm-ta'e, as it has eenconstant thro-*ho-t h-man history. )owever, shariahis not imm-ta'e, as there have eenvariations in shariah-nder different messen*ers, s-ch as Moses, Hes-s and M-hammad 3p4.

8=ow I sha'' te'' yo- what Shariahis. 1he meanin* of Shariahis mode and path. Jhenyo- have ac&now'ed*ed od as yo-r soverei*n and accepted )is servit-de and have

a'so admitted that the Messen*er is the tan*i'e r-'er ho'din* a-thority on )is eha'f andthat the ;oo& has een sent y )im, it wi'' mean yo- have entered -een. ... After this,the mode in which yo- have to serve od and the path yo- have to traverse in order tooey )im, is ca''ed Shariah. 1his mode and path has een indicated y od thro-*h )isMessen*er who a'one teaches the method of worshippin* the Master and the way toecome p-re and c'ean. 1he Messen*er shows -s the path of ri*hteo-sness and piety,the manner in which ri*hts are dischar*ed, the method of carryin* on transactions anddea'in*s with fe''ow5ein*s and the mode of 'eadin* ones 'ife. ;-t the difference is thisthat whi'e -een a'ways was, has een, and is sti'' one and the same, n-mero-s Shariahscame, many were cance''ed, severa' were chan*ed -t these a'terations did not chan*ethe -een. 1he -eenof =oah was the same as that of Araham, Moses, Hes-s, Sh-ai,Sa'eh, )-d and M-hammad 3 peace e on them4 -t the Shariahs of these Prophetsvaried from each other to some e/tent. 1he modes of sayin* prayer and oservin* fast

were of one &ind with one prophet and of another &ind with the other. In0-nctions ao-t)a'a' and )aram, r-'es of c'ean'iness and codes of marria*e, divorce and inheritancesomewhat differed from one Shariahto another. In spite of this, a'' were M-s'ims555the

39In rea'ity, there is no s-ch thin* as semi5divine. Either it is divine or non5divine. From thatperspective, even hadith sho-'d e re*arded as a non5divine so-rce. )owever, since m-tawatir hadiths areconsidered at par with the verses in the 2-ran, some room for the 8divine? is 'eft.

40See note X#7 e'ow.41Mohammad Omar Farooq. 8Is'amic Fiqh and the @ac& of Empirica' Fo-ndation -np-'ished essay,

H-ne !""#.
http://www.globalwebpost.com/farooqm/writings/islamic/fiqh_empirical.dochttp://www.globalwebpost.com/farooqm/writings/islamic/fiqh_empirical.dochttp://www.globalwebpost.com/farooqm/writings/islamic/fiqh_empirical.doc


15/48

fo''owers of =oah, the fo''owers of Araham, the fo''owers of Hes-s and those of Moses,and we too are a'' M-s'ims eca-se -eenis one and the same for a''. 1his shows that-eenis -naffected y differences is the r-'es of Shariah. -eenremains one tho-*hmodes of fo''owin* it differ.?K!

1he aove view is consistent with the 2-ran.

1he same re'i*ion $deen( has )e esta'ished for yo- as that which )e en0oined on =oah 5the which Je have sent y inspiration to thee 5 and that which Je en0oined on Araham,Moses, and Hes-s% =ame'y, that ye sho-'d remain steadfast in re'i*ion, and ma&e nodivisions therein% to those who worship other thin*s than A''ah, hard is the 3way4 to whichyo- ca'' them. A''ah chooses to )imse'f those whom )e p'eases, and *-ides to )imse'fthose who t-rn 3to )im4. $K!+ash5Sh-ra+7B(

1h-s, often when we come across assertions that Shariahis imm-ta'e or eterna', it is nothin*-t vac-o-s, emotiona', -nscr-p-'o-s and indefensi'e statements. 1his -nderstandin* isref'ected in the historica' deve'opment of Shariahor Is'amic 'aw as a ri*id ody of theo'o*ica'do*mas and 'e*a' codes.

8;y the tenth cent-ry, the asic deve'opment of Is'amic 'aw was comp'eted. 1he *enera'

consens-s 5i(ma4 of M-s'im 0-rists was that Is'amic 'aw 3Is'ams way of 'ife4 had eensatisfactori'y and comprehensive'y de'ineated in its essentia' princip'es, and preserved inthe re*-'ations of the 'aw oo&s or 'e*a' man-a's prod-ced y the 'aw schoo's. 1hisattit-de 'ed many to conc'-de that individ-a', independent interpretation 5iitihad4 of the'aw was no 'on*er necessary or desira'e. Instead, M-s'ims were simp'y to fo''ow orimitate 5talid4 the past, ods 'aw as e'aorated y the ear'y 0-rists. H-rists were no'on*er to see& new so'-tions or prod-ce new re*-'ations and 'aw oo&s -t instead st-dythe esta'ished 'e*a' man-a's and write their commentaries. Is'amic 'aw, the prod-ct ofan essentia''y dynamic and creative process, now tended to ecome fi/ed andinstit-tiona'i6ed. Jhi'e individ-a' scho'ars 'i&e In 1aymiyya 3d. 7B!4 and a'5S-y-ti 3d.7"4 dem-rred, the ma0ority position res-'ted in traditiona' e'ief prohiitin* s-stantive'e*a' deve'opment. 1his is common'y referred to as the c'osin* of the *ate or door ofiitihad6 ;e'ief that the wor& of the 'aw schoo's had definitive'y res-'ted in the

transformation of the Sharia into a 'e*a' '-eprint for society reinforced the sacrosanctnat-re of the traditionG chan*e or innovation came to e viewed as an -nwarranteddeviation 5&ida4 from esta'ished sacred norms. 1o e acc-sed of innovation5deviationfrom the 'aw and practice of the comm-nity5was eq-iva'ent to the char*e of heresy in:hristianity.KB

Jhi'e a *ood part of the traditiona' Is'amic se*ment has e'evated Shariah in *enera' to asacrosanct 'eve' and -nderstood and treated it as imm-ta'e, many Is'amic 0-rists a'so havereco*ni6ed the princip'e that a vast portion of Shariahis chan*ea'e s-0ect to time and p'ace.1his princip'e is% 8-'in*s chan*e accordin* to time and p'ace.?KKIndeed, some Is'amic 0-rists andscho'ars, even para''e' to the re*ime of talid, have a'ways contin-ed the 'e*acy of i(tihadin theirp-rs-it of &eepin* the 'aws and codes re'evant to the contemporary times. Is'amic 0-rists of o-rcontemporary times, who are in t-ne with the modern cha''en*es, are a'so tryin* di'i*ent'y to

rid*e the *ap etween the 'aws and the rea'ity, where imm-tai'ity at the roader or detai'ed'eve' simp'y cant e considered tena'e. Indeed, the dynamism of Is'amic 'aw has een theha''mar& of even the period of the companions of the Prophet. At the 'eve' of app'ied detai's, the

428@et -s e M-s'ims,? on'ine doc-ment.43Esposito, op. cit., p. K.44

8ta*haiy-r a'5Ah&am ita*haiy-r a'56aman wa a'5ma&an?. See In 2ayyim a'5Haw6i, I'lam al#

Muwai'in an 0a&& al#+alamin, A'5Ma&taah a'5Asriyyah, ;eir-t, 7C, To'. B, pp. 7K5", q-oted in Mahdi


16/48

sunnahis not imm-tai'ity, -t 0-st the opposite. In 2ayyim shares an i''-minatin* perspectiveon this important matter.

8Omar in a'5Qhatta 0-d*ed $in a case in which( a woman died and 'eft her h-sand, hermother, two f-'' rothers and two ha'f rothers from her father, and decided to distri-tethe third of her inheritance etween a'' the f-'' as we'' as ha'f rothers. A man said to him$i.e., to Omar( yo- did not do the same in the year so and so. Omar rep'ied% that$decision( was accordin* to what we had 0-d*ed then and this $decision( is accordin* towhat we are 0-d*in* today.?K

Is Shariahthe same as Islam and is it a complete code of life#

;ased on what is a'ready presented here, Shariahis not the same as Is'am. Interestin*'y, thecomment 8Shariah is 0-st another name of Is'am,? is y Qh-rshid Ahmad, one of the protY*Ys ofMa-'ana Ma-d-di. 1he 'atter had a different view, as e/p'ained aove. Accordin* to Ma-d-di, the-een$Is'am( has een constant for a'' peop'eG however, Shariahhas not een. 1h-s, in thisstatement, Qh-rshid Ahmad is either disa*reein* with Ma-d-di, or it is 0-st one of those emotiona'rhetoric witho-t ein* adeq-ate'y caref-' in ones artic-'ation.

Is Shariaha 8comp'ete code of 'ifeL? Once a*ain, it is important to first determine what s-chstatements mean.

8Is'am esta'ishes a c'ear system of worship, civi' ri*hts, 'aws of marria*e and divorce,'aws of inheritance, code of ehavior, what not to drin&, what to wear, and what not towear, how to worship od, how to *overn, the 'aws of war and peace, when to *o to war,when to ma&e peace, the 'aw of economics, and the 'aws of -yin* and se''in*. Is'am is acomp'ete code of 'ife.?K#

81here are two ma0or reasons as to why Is'am ecomes an easy tar*et for the westernmedia when compared to other re'i*ions. 1he first reason is that Is'am provides acomp'ete code of 'ife and it is for this reason that every action of a M-s'im is attri-ted to

his re'i*ion.?K

8D-rin* the seventies, Is'amic Deve'opment ;an& 3ID;4 and a n-mer of Is'amic an&s atnationa' 'eve's were esta'ished in the Is'amic wor'd. At home, the Is'amic *ro-ps werevi*oro-s'y wor&in* for adoption of Is'am as the comp'ete code of 'ife.?K

8Is'am is a comp'ete code of 'ife and its imp'ications are e/panded to a'' wa'&s of 'ife. It isa e'ief, a tradition, acts of worship, as we'' as a code of socio5economic and po'itica'activities to ens-re peace and socio5economic 0-stice for the M-s'ims and non5M-s'imsa'i&e.?KC

81he distin*-ishin* factors in the M-s'im conte/t are 3a4 the freq-ent resort to re'i*ion asse'f5evident'y va'id premises for 3-s-a''y discriminatory4 'aws, and 34 the symiotic

re'ationship the re'i*ion of Is'am has deve'oped with M-s'im 0-rispr-dence. 1hisre'ationship is e/emp'ified y the common and freq-ent assertion y M-s'ims that Is'amis a comp'ete code of 'ife to s-**est that a'' 'e*a' matters have a'ready een determined

45In 2ayyim a'5Haw6iya. op. cit., To'. 7, pp. 77"5777, q-oted in Mahdi


17/48

y re'i*ion. :'ear'y neither the asic te/t of Is'am, the 2-ran, nor even the hadith3practices and traditions of the Prophet4 are 'e*a' codes, tho-*h prescried in oth ares-**ested codes of ehavior. As one of the most important discip'ines to emer*e inIs'amic scho'arship, however, 0-rispr-dence has dominated Is'amic scho'arship to thepoint that today a we'' &nown M-s'im scho'ar, Syed )ossein =asr, can assert 1heShariahis the Divine @aw y virt-e of acceptin* which a person ecomes a M-s'im. On'yhe who accepts the in0-nctions of Shariahas indin* -pon him is a M-s'im.?"

Jhat stands o-t from the aove statements ao-t Is'am ein* a 8comp'ete code of 'ife? is thatIs'am has *-idance for the entire spectr-m of 'ife and, in some cases, it is imp'ied that there isa'ready ready 3or easi'y and q-ic&'y ded-ci'e4 so'-tions for every iss-e, sit-ation, or pro'emh-man ein*s mi*ht enco-nter. Another imp'ication is that since Is'am is a se'f5contained, se'f5s-fficient way of 'ife, M-s'ims m-st not t-rn to any other so-rce for *-idance or so'-tions.

8As Is'amic 'aw is a comprehensive and interre'ated -nit, the app'ication of its vario-sranches is s-0ect to a sin*'e standards, i.e. Is'amic 'aw does not accept the app'icationof different sets of standards to its different ranches.?7

It sho-'d e pointed o-t that 'ife isan inte*rated who'e and therefore in dea'in* with the iss-esand pro'ems of 'ife in an inte*rated fashion, the notion of 8comp'ete code of 'ife? is very

appea'in*, as peop'e cant simp'y orrow capita'ism for the economy, democracy for po'itics,nationa'ism for *a'vani6in* a society, etc. as interchan*ea'e components to come -p with o-rown coc&tai' ideo'o*y or system.!For the sa&e of consistency and a'ance, Is'am does providethe essentia' *-idance to dea' with 'ife as an inte*rated who'e. )owever, to stretch it that Is'am isan a'ready form-'ated man-a' for every pro'em or iss-e M-s'ims or peop'e may enco-nter issimp'y not correct.

Another imp'ication, tho-*h often not stated, is that a'' the pro'ems and iss-es are a'readyidentified and the so'-tions are a'so specified in the te/t-a' so-rces or have een wor&ed o-t ythe scho'ars. From this perspective, there is neither any need nor any re'evance of 'earnin*anythin* from others. A'' the socia', economic, ed-cationa', po'itica' pro'ems, or whateverpro'em 3e/cept scientific, techno'o*ica', en*ineerin* type4 one can conceive of, on'y thin* oneneeds to do is t-rn to the primary Is'amic te/ts 3the 2-ran and hadith4, or the oo&s of scho'ars

and 0-rists, or 0-st contact any fatwa co-nci' or hot'ine, and the so'-tion wo-'d e avai'a'e.

1he rea'ity is not so. One has to wonder as to why the condition of the M-s'im wor'd is somisera'e and dep'ora'e, if oth pro'ems and so'-tions are &nown or easi'y ded-ci'e. Af-ndamenta' pitfa'' of M-s'im tho-*ht has een te/t5orientation.BIf we want to -nderstand howod ori*inated his creation, we are not s-pposed to t-rn to and -ry o-r head in the oo&s. It isthe command of od% Say% 1rave' thro-*h the earth and see how A''ah did ori*inate creationG sowi'' A''ah prod-ce a 'ater creationG for A''ah has power over a'' thin*s $!C+a'5An&aoot% !"( 1hecommandment is not 8read the sacred or the ri*ht oo&s?, -t to 8trave' ... and see?. )owever, o-rso5ca''ed Shariahscho'ars &ept -s *'-ed to the te/ts, whi'e the wor'd of science moved on,

50Farida Shaheed. 8:ontro''ed or A-tonomo-s% Identity and the E/perience of the =etwor& Jomen

@ivin* Under M-s'im @aws,8 H-'y 7CCK.51

Mahdi


18/48

'eavin* -s way ehind. If we are to -nderstand and appreciate the power and *'ory of od asref'ected in the nat-re, we are not mere'y s-pposed to e oo& oriented. Instead, we arecommanded to 'oo& -p 3e/p'ore4 the s&y+space.

8$)a''owed e( )e who has created seven heavens in f-'' harmony with one another% nofa-'t wi'' yo- see in the creation of the Most racio-s. And t-rn yo-r vision $-pon it( once

more% can yo- see any f'awL

>ea, t-rn yo-r vision $-pon it( a*ain and yet a*ain% $and every time( thy vision wi'' fa'' ac&-pon thee, da66'ed and tr-'y defeated9? $#+a'5M-'&+B5K(

Je'', once a*ain, as we ecame more Shariah5oriented, we did not 'isten to the command ofod. Instead, we -ried o-r heads in oo&s. Je read more oo&s and wrote more oo&s ao-tear'ier oo&s. 1he res-'t is predicta'e. =ow we are 'issf-''y 3L4 'ivin* o-r 'ife s-pposed'y *-idedy the 8comp'ete code of 'ife?, whi'e -sin* a'' those *-idance, we are essentia''y *oin* nowhere.Indeed, those co-ntries that have een promotin* Shariahin its common'y 3mis4-nderstoodsense are now facin* -nrest and 'ac& of confidence from their own peop'e. It is a f-ndamenta'pro'em with o-r mindset.K

In this conte/t, the pro'em 'ies with the static -nderstandin* of Is'am, where the te/t-a' so-rcesand its e/perts+scho'ars are re*arded as a 8dictionary? of so'-tion. H-st as one 'oo&s -p words indictionaries, peop'e sho-'d 0-st open the ri*ht pa*e and 'oo& -p what they need, as a'' the wordsone may need are a'ready there. In rea'ity, Is'am is not 'i&e a dictionaryG rather, it is 'i&e ana'phaet. Many words are a'ready avai'a'e to e 'oo&ed -p from the dictionary. ;-t a'so thereare many words that need to e constr-cted or formed ased on the a'phaet. Jhen Is'am as a8comp'ete code of 'ife? is -nderstood in the sense of dictionary, the res-'t wo-'d e predicta'ethat we wi'' e fossi'i6ed as we are in the past frames of history. Jhen we -nderstand 8comp'etecode of 'ife? in the sense of a'phaet 3essentia' princip'es or -i'din* 'oc&s4, we can have adynamic approach and o-tcome to dea' with o-r iss-es and cha''en*es as they -nfo'd. From thatperspective, yes, the 2-ran can e the so-rce for the essentia' *-idance for the so'-tions wesee&. As Shatii e/p'ained%

8... e/perience shows that every a'im who has resorted to the 2-ran in search of theso'-tion to a pro'em has fo-nd in the 2-ran a princip'e that has provide him with some*-idance on the s-0ect.?

Is Shariahthe same as 'a

As a'ready cited ear'ier, one of the most common conf-sions ao-t Shariahis that it is consideredsynonymo-s with 8'aw? and in that sense, no distinction is maintained etween Shariahand fih.H-st as one of the so-rces p-t this in an eq-ation form 3ShariahN Is'amic @aw4, the -nder'yin*mis-nderstandin* and misperception are q-ite widespread.

8Under the r-'es of Is'amic @aw 3Sharia4, companies are divided into two mainc'asses% ...?#

8At )S;:, we constant'y strive to provide financia' so'-tions that meet the req-irementsof o-r c-stomers aro-nd the wor'd. )S;: Amanah offers Is'amic an&in* so'-tions whichcomine o-r financia' e/pertise with yo-r end-rin* va'-es. =ow c-stomers can

54Mohammad Omar Farooq. 8Mind5;-i'din*% A =e*'ected Dimension of the Prophetic )erita*e,? 1he

Messa*e Internationa', H-ne !""".55Mohammad )ashim Qama'i. rinciles of Islamic Jurisrudence. Brd. ed. $@ondon% Is'amic 1e/ts

Society, !""B( q-otin* A- Ishaq a'5Shatii, a'5M-wafaqat fi Us-' a'5Ah&am, III, !7C.568:ompanies in Is'amic 3Shariah4 @aw,? -'[email protected]
http://www.geocities.com/masad02/067.htmlhttp://www.geocities.com/masad02/067.htmlhttp://globalwebpost.com/farooqm/writings/islamic/mind_building.htmhttp://globalwebpost.com/farooqm/writings/islamic/mind_building.htmhttp://globalwebpost.com/farooqm/writings/islamic/mind_building.htmhttp://www.gulf-law.com/uaecolaw_shariah.htmlhttp://www.geocities.com/masad02/067.htmlhttp://globalwebpost.com/farooqm/writings/islamic/mind_building.htmhttp://www.gulf-law.com/uaecolaw_shariah.html


19/48

e/perience the *'oa' covera*e and convenience of an&in* with )S;: witho-tcompromisin* the princip'es of the Shariah 3Is'amic 'aw4.?

81he term Shariah refers to Is'amic 'aw as revea'ed in the 2-ran and thro-*h thee/amp'e of the Prophet M-hammad 3peace e -pon him4.?

8Shei&h 1aqi Usmani is considered the pioneer in his fie'd and heads the Shariah 3Is'amic'aw4 oards of an&s s-ch as )S;: and :iti;an&.?C

8fih! 'it. -nderstandin* or perceptivenessG the science of the divine 'aw, the s-m of mans&now'ed*e of the Sharia, Is'amic 'aw or 0-rispr-dence?#"

1his eq-ation etween Shariahand Is'amic 'aw constit-tes one of the most profo-nd conf-sionsao-t Is'am, as some peop'e are tryin* to imp'ement Is'am on the asis of this conf-sion. IfShariahpertains to the entire spectr-m of 'ife, then it is not a'' 'aw. For e/amp'e, matterspertainin* to a'-tion, prayer, fastin*, etc. are not a'' matters of 'aw. 1-rnin* every aspect ofIs'amic *-idance into 'aws is simp'y inconsistent with Is'am.

8enera''y, when scho'ars in the fie'd of Is'amic st-dies spea& of Is'amic 'aw, it ispres-med that they are ta'&in* ao-t what is ca''ed in Araic al#shari'a, or al#shar'a.

Indeed, they freq-ent'y spea& simp'y of the Shari'a, or -se the terms Is'amic 'aw andthe Sharia interchan*ea'y. )owever, it is somethin* of an oversimp'ification to eq-ateShari'ah with 'aw. 1he Sharia may indeed e said to contain'aw, -t one m-st a'soreco*ni6e that it emraces e'ements and aspects that are not, strict'y spea&in*, 'aw.?#7

Indeed, that Is'am is m-ch roader and that Shariahis not 0-st 'aw are c'ear from the 2-ran.

81h-s we p-t yo- on the 3ri*ht4 Jay of e'i*ion $i.e. shariatim min al#amr(% so fo''ow that3Jay4, and fo''ow not the desires of those who &now not.? $K+a'5Hathiya+7(

Interestin*'y, this is the on'y p'ace in the 2-ran where the e/act word Shariahhas een -sed andit is in a *eneric sense, m-ch roader than 'aw. Moreover, this is a verse from Meccan period,when there were neither 'aws or codes nor o'i*atory rit-a's. Ad-''ah >-s-f A'i c'arifies in his

:ommentary%

8Shariahis est trans'ated the ri*ht Jay of e'i*ion, which is wider than the mere forma'rites and 'e*a' provisions, which most'y came in the Medina period, 'on* after thisMeccan verse had een revea'ed.?#!

1he c'arification of Umar In Ad-' A6i6 in a 'etter to Adi in Adi is i''-minatin*, eca-se he evendistin*-ished sharaii from faraid, hudoodand sunnah. )e did not -se the e/act word Shariah, -tovio-s'y he did not '-mp -p a'' those aspects -nder one 'ae' of Shariah.

8Umah in Ad-' A6i6 wrote to Adi in Adi, ;e'ief inc'-des faraid3en0oined d-ties4,shara'ii 3'aws4, h-dood and s-nna. And whoever fo''ows a'' of them has comp'ete e'iefand whoever does not fo''ow them comp'ete'y, his e'ief is incomp'ete.?#B

57FA2s ao-t Is'amic ;an&in*, )S;:5Amanah58@enders Shariah Advisors.Is'amicmorta*es.co.-&.598Is'amic so'-tion to endin* third wor'd det.? Event anno-ncement introd-cin* M-fti M-hammad 1aqi

Usmani.60Sherman Hac&son 3Ad-' )a&im4.So-rces of Is'amic @aw.61;ernard Jeiss, op. cit., p. 762Ad-''ah >-s-f A'i. The Hol$ 7ur'an! Te9t, Translation and /ommentar$$=ew >or&% 1ahri&e 1arsi'e

2-ran( Footnote% X K#.63Sahih al#8u*hari, To'. I, Qita a'5Iman, :hapter I, p. 7 3trans. y M-hammad M-hsin Qhan4.
http://www.islamicity.com/MOSQUE/ARABICSCRIPT/AYAT/45/45_18.htmhttp://www.hsbcamanah.com/hsbc/amanah_banking/faqshttp://www.islamicmortgages.co.uk/lendersshariahadvisors.htmlhttp://www.islamicmortgages.co.uk/lendersshariahadvisors.htmlhttp://www.makepovertyhistory.org/mph/event/view/details.do?id=1112063http://www.aals.org/am2004/islamiclaw/islamicmaterials.pdf#search=%22sharia%20%22islamic%20law%22%20qaradawi%22http://www.aals.org/am2004/islamiclaw/islamicmaterials.pdf#search=%22sharia%20%22islamic%20law%22%20qaradawi%22http://www.hsbcamanah.com/hsbc/amanah_banking/faqshttp://www.islamicmortgages.co.uk/lendersshariahadvisors.htmlhttp://www.makepovertyhistory.org/mph/event/view/details.do?id=1112063http://www.aals.org/am2004/islamiclaw/islamicmaterials.pdf#search=%22sharia%20%22islamic%20law%22%20qaradawi%22http://www.islamicity.com/MOSQUE/ARABICSCRIPT/AYAT/45/45_18.htm


20/48

Imam Shatii $C" A)( did not eq-ate Shariah with Is'amic 'aw.

8Imam Shatiy, a Ma'i&i 0-rist, in his magnum ous, al#Muwaffaat fi :shul al#Shariah,e'aorates ao-t the *enera' framewor& of Sharia. )e contends that within Sharia thereare variants that sho-'d e -nderstood comprehensive'y amon* others% 'aw, -'timate *oa'of Sharia, te/t-a' 0-stification 3dalil4, and i0tihad. It means that sharia sho-'d not e-nderstood 0-st as a 'aw. ...?#K

Indeed, as @i'y


21/48

prophets. So, if I forid yo- to do somethin*, then &eep away from it. And if I order yo- todo somethin*, then do of it as much as you can. $Sahih a'5;-&hari, To'. C, XBC7(.

Does that so-nd 'i&e everythin* of 'ife is a matter of 'awL Is the notion of 'aw compati'e withdoin* 8as m-ch as yo- can?L

=arrated A- )-raira% 1he Prophet said, e'i*ion is very easy and whoever over-rdenshimse'f in his re'i*ion wi'' not e a'e to contin-e in that way. So yo- sho-'d not ee/tremists, -t try to e near to perfection and receive the *ood tidin*s that yo- wi'' erewardedG and *ain stren*th y worshippin* in the mornin*s, the ni*hts. $Sahih a'5;-&hari, To'. !, XB(

Indeed, the 2-ran e/horts -s to ta&e 'esson from the :hi'dren of Israe', eca-se they t-rned theods *-idance into 'e*a'ism and rit-a'ism.

81he Hewish nation was in the *rip of 'e*a'ism and rit-a'ism. 1heir s-pera-ndantordinances, in the words of the 2-ran, had ecome ha'ters and shac&'es hinderin* ahea'thy deve'opment of mora' as we'' as physica' 'ife.?#

Indeed, red-cin* Is'am or Shariah to mere'y fihor Is'amic 'aw has serio-s ramifications, asoserved in the conte/t of those co-ntries tryin* to 8imp'ement? the Shariah in its narrow,'e*a'istic sense.

81he comprehensive sharia is often narrow'y -nderstood, 0-st as fih. Demands forforma' sharia in severa' re*ions in Indonesia, for e/amp'e, in rea'ity is no more than theapp'ication of fih. Jhen forma' sharia has een a*reed -pon, the first action ta&en is toimpose the o'i*ation to wear head scarf 5(il&a&4 for women, f'o**in*, or hand choppin*,and other r-'es that can e e/p'icit'y fo-nd in the te/ts. More si*nificant pro'emsdetrimenta' to the 'ives of the ma0ority 'i&e corr-ption, women traffic&in*, or -sinessmonopo'ies are not viewed as part of sharia 0-st eca-se these iss-es are not fo-nd inthe te/ts.

1his misconception has a si*nificant effect to the way M-s'ims interna'i6e the re'i*ion.Jhen Is'am is represented as sharia and sharia is -nderstood 0-st as forma' r-'es,conseq-ent'y, Is'am is interna'i6ed 0-st as a forma' do*ma. Physica' dimension of there'i*ion is prioriti6ed over its spirit-a'ity. Pi''ars of Is'am 'i&e prayer 3salat4, fastin* 5saum4,a'ms 51a*at4, or ha( are a'so red-ced to mean 0-st as rit-a' worships. D-rin* the Prophets'ife these teachin*s had the power as a socia' movement with effect for socia'transformation. 1he dominant te/t-a' approach to Is'am has restricted the re'i*ionspower and scope, eca-se te/ts cannot respond direct'y to the preva'ent pro'ems facedy M-s'ims s-ch as modern sophisticated crimes and corr-ption.

Fih or shariah -nderstood 0-st as fih is not the who'e of Is'am itse'f.?#

One so-rce of conf-sion, -nfort-nate'y added y M-s'ims themse'ves, is reco*ni6in* thecomprehensive nat-re of 'ife and Is'amic teachin*, the imp'ementation is not mere'y y an

e/terna' a-thority. M-ch of what we app'y as Shariahis at o-r persona' 'eve's.

8In E-rope and in =orth America, as soon as one prono-nces the shahada, as soon asone is M-s'im and tries to remain so y practicin* the dai'y prayers, *ivin* a'ms, andfastin*, for e/amp'e, or even simp'y y tryin* to respect M-s'im ethics, one is a'ready inthe process of app'yin* the Sharia,not in any periphera' way -t in its most essentia'aspects.

67Qha'ifa Ad-' )a&im. 8@aw and Is'am?.68M-nir, op. cit., p. 7!.
http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/092.sbt.html#009.092.391http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/092.sbt.html#009.092.391http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/002.sbt.html#001.002.038http://muslim-canada.org/ch20hakim.htmlhttp://muslim-canada.org/ch20hakim.htmlhttp://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/092.sbt.html#009.092.391http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/002.sbt.html#001.002.038http://muslim-canada.org/ch20hakim.html


22/48

1his practice and mora' awareness are the so-rce and heart of the Sharia, which ispersona', faithf-' commitment. ;eyond that, the Jay itse'f e/erts its own inf'-ence morecomprehensive'y, with re*ard to the *-idance of e/istence, even if not in the same way,and we m-st mention this essentia' factor here, with respect to the methodo'o*ies, normsand detai's of app'ication of vario-s re*-'ations. 1his characteristic of Is'am is containedwithin the concept of shumuli$ata' Is'am, the comprehensive character of Is'amicteachin*.?#C

Is Shariahenforceable (in its full spectrum)#

Jhen one hears ao-t 8imp'ementation of shariah,? it is -s-a''y in the sense of 'aws that areenforcea'e. Indeed, the most immediate manifestation of s-ch imp'ementation is 8enforcement?of pena' codes pertainin* to )-dood, specific p-nishments prescried for certain offenses3m-rder, ad-'tery, theft, etc.4. As e/p'ained here a'ready, the 8shariahN Is'amic @aw? eq-ation iserroneo-s, eca-se Is'am in its comprehensiveness of *-idance covers not 0-st 'aws, -t a'sova'-es, princip'es, rit-a's, etc. =ot a'' aspects of Is'am are enforcea'e y any wor'd'y a-thority.

eaders mi*ht reca'' the statement of Qh-rram M-rad cited ear'ier% 8@aws are therefore animportant and inte*ra' part of the Shariahand, as we have a'ready noted, it admits of no

distinction etween its parts% to pray is as va'id, enforcea'e, o'i*atory and sacred as to cons-'tin co''ective affairs or to prohiit interest or to stone an ad-'terer.?

1his is a *ross'y erroneo-s notion ao-t Is'am. >es, since M-s'ims are to 'ive in a society, therewo-'d e 'aws and the primary so-rce of these 'aws wo-'d e the 2-ran and S-nnah, -t 'ife ismore than 'e*a' precepts. In somewhat -ncharacteristic and rare fashion, M-fti M-hammad 1aqiUsmani, a we'' &nown contemporary 0-rist remar&s%

8;esides providin* 'e*a' means for discip'ine, Is'am a'so provides non5'e*a' teachin*s forthe reform of society, which *reat'y he'p in c-rin* crimes. 1his imp'ies that an Is'amicstate cannot aso've itse'f of its d-ties y 0-st enforcin* the hudud G it is a'so responsi'efor creatin* an atmosphere that disco-ra*es the incidence of crime in the first p'ace.?"

Of co-rse, not a'' this 8creatin* an atmosphere? invo'ves 8enforcement. Indeed, )-dood dea'swith trans*ressions. Jhat ao-t the d-ties or o'i*ationsL One mi*ht 'i&e to as& M-rad as to whatwo-'d e the p-nishment of a M-s'im who ref-ses to prayL Je'', M-rad wasnt sayin* anythin*on his own, eca-se some Is'amic 0-rists have made it -n'awf-' 3and p-nisha'e4 if a M-s'imdoes not pray or ref-ses to pray.

8In an Is'amic state, 1aari& as5Sa'aat 3intentiona''y avoidin* prayers4 wi'' e as&ed toe/p'ain why is he doin* itL If he persists in his hait of not prayin* then Imam Ma'i& andShafii say that he sho-'d e &i''ed. Imam A- )anifa says that he sho-'d e warned ofdire conseq-ences first, then imprisoned if he contin-es not to pray -nti' he ma&estau&ahor dies in the prison.?7

69

amadan, op. cit., p. BB.70Usmani, op. cit., p. !.71Fatawa ahimiya, T. 7, p.7K. For more ao-t the traditiona' perspective on this s-0ect of 1aari& as5

Sa'at, see Shay&h M-hammad in5Saa'ih Uthaymeen, 81he -'in* re*ardin* one who aandons sa'aat,?$on'ine doc-ment(. Shay&h Uthaymeen q-otes In )ana' as fo''owin*% 8)e who aandons sa'aat is a &aafir3a dise'iever4 with &-fr that e0ects him o-tside the fo'd 3of Is'am4, deservin* of e/ec-tion if he did not repentor perform sa'aat.? 1he a-thor did not provide citation for the q-otes from In )ana's or other imams. It isa'so mentioned that A- )anifah, a'5Shafii and Ma'i& differed with In )ana' in that s-ch a person is a fasiq3sinner4, -t not a &afir 3dise'iever4. F-rthermore, the 'atter three differed amon* themse'ves ao-t thep-nishment. Accordin* to A'5Shafii and Ma'i&, s-ch a person sho-'d e &i''ed, whi'e A- )anifa he'd that hesho-'d e advised, -t not &i''ed.
http://www.ymma.net/ebooks/Fiqh/abandonsalah.pdfhttp://www.ymma.net/ebooks/Fiqh/abandonsalah.pdf


23/48

Apparent'y, the constit-tion of Ma-ritania, an Is'amic ep-'ic, has provision for capita'p-nishment for any M-s'im who ref-ses to pray.

8If a M-s'im is fo-nd *-i'ty of the crime of apostasy, either thro-*h words or thro-*hactions, he wi'' e as&ed to repent d-rin* a three day period. If he has not repented withinthis time 'imit, he wi'' e sentenced to death as an apostate and his property wi'' esei6ed y the even-e office. Every M-s'im who ref-ses to pray wi'' e as&ed to comp'ywith the o'i*ation to pray within the prescried time 'imit. If he persists in his ref-sa', hewi'' e p-nished y death.?!

)owever, is there anythin* in the 2-ran that 0-stifies or sanctions s-ch p-nishment for evenref-sa' to prayL Does it rea''y ma&e any sense to force someone to prayL Does od want prayerand worship from s-ch peop'e -nder comp-'sionL

If it had een thy @ords wi'', they wo-'d a'' have e'ieved,5 a'' who are on earthV Ji'' yo-then compe' man&ind, a*ainst their wi'', to e'ieveV $7"+>-n-s+CC(

@et there e no comp-'sion in re'i*ion% 1r-th stands o-t c'ear from Error% whoever re0ectsevi' and e'ieves in A''ah has *rasped the Most 1r-stworthy $!+a'5;aqarah+!#(

Is od rea''y interested in enforcin* even prayer and fastin* y t-rnin* a society into a po'icestateL Is that what is indicated y the precedin* two verses that disavow any comp-'sion inre'i*ionL Indeed, in other p'aces, the 2-ran is more cate*orica' that, 'et a'one ein* an enforcer,the Prophet is not even a watcher.

8$O ProphetV( >o- are not one to mana*e 3mens4 affairs.? $+a'5hashiyah+!!(

8>o-r d-ty is to convey the Messa*eG ...? $B+A'e Imran+!"(

8Oey A''ah, and oey the Messen*er, and eware 3of evi'4% if ye do t-rn ac&, &now yethat it is O-r Messen*ers d-ty to proc'aim 3the messa*e4 in the c'earest manner.? $+a'5Maidah+C!(

81he Messen*ers d-ty is -t to proc'aim 3the messa*e4.? $+a'5Maidah+C!(

8thy d-ty is to ma&e 3the Messa*e4 reach them% it is o-r part to ca'' them to acco-nt.?$7B+a'5aad+K"(

81he worshippers of fa'se *ods say% If A''ah had so wi''ed, we sho-'d not haveworshipped a-*ht -t )im 5 neither we nor o-r fathers,5 nor sho-'d we have prescried

As Sa'at is one of the five pi''ars of Is'am, aandonin* it is a most serio-s matter. Indeed, to e aM-s'im 3y choice and affirmation R shahadah4 and not to pray does not ma&e any sense. =o other rit-a'has een emphasi6ed in the 2-ran as m-ch as sa'at. 1he Prophetic narrations are a'so c'ear'y emphatic.>et, is the p-nishment 3ran*in* imprisonment to e/ec-tion4 c'ear'y specified in the 2-ran or S-nnahL It isnot so. Scho'ars have drawn conc'-sion from certain 2-ranic verses and from certain hadith. )owever, a''s-ch conc'-sions pertainin* to this partic-'ar iss-e is interpretive at est. Of co-rse, neither the a-thor

Shay&h Uthaymeen nor the a-thorities he cited dea' with the q-estion as to for A''ah what wo-'d e theva'-e and re'evance of s-ch a persons prayer -nder comp-'sion or threat of p-nishment. Is the prayer for

A''ah or for -s, the fe''ow h-man ein*sL If prayer is for A''ah, does he rea''y want prayer from someone,who has een compe''ed y the societyL A'so, it is interestin* to note that the Shay&h Uthaymeen draws theconc'-sion that aandonin* sa'at is &-fr, -t aandonin* 6a&at is not, and as s-ch the p-nishment in re*ardto aandonin* sa'at or 6a&at is different. Indeed, aandonment of 6a&at sho-'d e a more serio-s offencea*ainst society, eca-se, whi'e sa'at is a worship invo'vin* re'ationship etween a h-man ein* and od,6a&at invo'ves ri*hts of other h-man ein*s in o-r wea'th.

728Apostasy in Is'am,? e'i*io-s1o'erance.or*G I havent een a'e to independent'y confirm the artic'e

XB"# from the :onstit-tion of Is'amic ep-'ic of Ma-ritania, as it does not seem to e avai'a'e on'ine in itsentirety. A'so see, Strate*ic eso-rce ro-p.
http://www.usc.edu/dept/MSA/quran/010.qmt.html#010.099http://www.usc.edu/dept/MSA/quran/002.qmt.html#002.256http://www.usc.edu/dept/MSA/quran/002.qmt.html#002.256http://www.usc.edu/dept/MSA/quran/088.qmt.html#088.022http://www.usc.edu/dept/MSA/quran/003.qmt.html#003.020http://www.usc.edu/dept/MSA/quran/003.qmt.html#003.020http://www.usc.edu/dept/MSA/quran/005.qmt.html#005.092http://www.usc.edu/dept/MSA/quran/005.qmt.html#005.092http://www.usc.edu/dept/MSA/quran/013.qmt.html#013.040http://www.religioustolerance.org/isl_apos.htmhttp://www.religioustolerance.org/isl_apos.htmhttp://www.srginc.org/mauritania.htmlhttp://www.religioustolerance.org/isl_apos.htmhttp://www.srginc.org/mauritania.htmlhttp://www.usc.edu/dept/MSA/quran/010.qmt.html#010.099http://www.usc.edu/dept/MSA/quran/002.qmt.html#002.256http://www.usc.edu/dept/MSA/quran/088.qmt.html#088.022http://www.usc.edu/dept/MSA/quran/003.qmt.html#003.020http://www.usc.edu/dept/MSA/quran/005.qmt.html#005.092http://www.usc.edu/dept/MSA/quran/013.qmt.html#013.040


24/48

prohiitions other than )is. So did those who went efore them. ;-t what is the missionof apost'es -t to preach the :'ear Messa*eL? $7#+an5=ah'+B(

Oey A''ah, and oey the Messen*er. -t if ye t-rn away, he is on'y responsi'e for thed-ty p'aced on him and ye for that p'aced on yo-. If ye oey him, ye sha'' e on ri*ht*-idance. 1he Messen*ers d-ty is on'y to preach the c'ear 3Messa*e4. $!K+an5=-r+K(8

8If then they r-n away, Je have not sent thee as a *-ard over them. 1hy d-ty is -t toconvey 3the Messa*e4. 8 $K!+ash5Sh-ra+K(

1here are even more verses repeatin* the same reminder to the Prophet.BOne cant -t ponder3and ponder hard4 as to why od has reminded so repeated'y this partic-'ar matterL And, is the'esson of these verses -nc'ear or ami*-o-sL If the Prophets mission is no more than conveyin*the messa*e, or that he is not mana*er 3musaitir4 over o-r affairs, then is o-r d-ty as hisfo''owers any *reater or roaderL

Does that mean that Is'am does not have anythin* to enforceL Does it mean that at the socia' orco''ective 'eve', M-s'ims are not he'd acco-nta'e for anythin* in this wor'd or no a-thority hasany re*-'atory or s-pervisory ro'eL Indeed not. 2-ite the contrary, any norma', f-nctionin* societywo-'d have 'aws, and 'aws are meanin*'ess if it has no enforceai'ity. )owever, the iss-e of

enforcement primari'y pertains to areas invo'vin* m-t-a' ri*hts of each other in this wor'd. Fore/amp'e, 6a&at is not 0-st a worship of od, it is a'so re'ated to a ri*ht of the poor over those onwhom 6a&at is d-e. A society respectf-' of Is'am wo-'d enforce the o'i*ation to pay 6a&at.Simi'ar'y, m-rder, assa-'t, ad-'tery, *am'in*, a'coho', etc. are many areas that have socia'imp'ications and there wo-'d e 'aws to enforce in this re*ard. )owever, there are a'so roadareas, especia''y pertainin* to persona' matters, inc'-din* rit-a' worship of od, that are notwithin the scope of enforceai'ity with any pena' codes. 1hat wo-'d e contradictin* the aove5mentioned verses ao-t the mission of the Prophet, and constit-te t-rnin* Is'am on its head.S-ch a tendency or mis-nderstandin* is -nfort-nate, -t it is widespread and prominent'yref'ected in

Documents

shariah_value.doc