Showing posts with label Islamic law. Show all posts
Showing posts with label Islamic law. Show all posts

Friday, May 9, 2008

Some Research on Shariah

As many of you who read my personal blog- http://affadshaikh.blogspot.com- might know I am engrossed in my spare time in devouring books on Islamic Jurisprudence and Economics. What I believe some of the readers hear might be intrigued by is the following: what makes up what many of us know as sharia is not just merely "stoning adulterers to death" or "killing apostates", some of you might even think it says to go find the infidels behind any place they might be hiding and kill them. No the SHARIA is not that, there are places where you will find things on adultery and apostasy in Islam, yet there is so much more then the "punishment" that Western media and bigots are so focused on.

The Sharia is comparable to what in Judiasm is known as the Talmudic laws. These laws govern religious practices, intercourse, marriage, contracts, interaction with gentiles, what defines a gentile and the list goes on. The laws are comprehensive. Much like Talmudic law, Abrahamic laws or Semitic rational is focused on divine revelation, unlike Greek or Roman laws that found naturalist or humanist or what we can call rationalist grounding. Where the morals and norms of society dictate the laws governing society.

Christianity did not develop this system of laws, in essence the reformation brought Protestant theology to the forefront, Luther in essence confined God to spirituality and constructed a moral system in symbiosis with secular- or rationalist- thought. What we have in the Western world today is this creation, the compartmentalization of law between the private and public sphere. Even Catholicism did not develop laws that encompassed the totality of man's affair. Part of why I believe this is the case is because the life of Jesus did not allow for a that development and more importantly he was a reformer sent by God to reform Judaism, he was Jewish.

Islam for its part had in the Prophet Muhammad a totality of experiences and a set of divine conjunctions governing human affairs. The two in essence- the Quran and the Hadith (collection of the sayings, teachings and actions of the Prophet Muhammad, the Sunnah, way of the Prophet) were collected and formed the basis of what we have today as the Sharia.

However, the Sharia is not in itself "complete" in that the Quran and Sunnah are the sources of the "laws" that make up the Sharia and are "general directives" that do not provide the methodology and procedural guidelines that ensure the appropriate use of the source. How do we know when what Hadith comes into play and not another, how the ruling for stealing another's property is detailed and what its punishment is?

That comes from Fiqh and Usul al-Fiqh. Both terms require and in depth look that cannot be done here. However Fiqh is acquired knowledge, that comes from studying and self application and is different from inherent knowledge- or knowledge like that given to the Prophet or inherent with the angel Gabriel. The following passage comes from "Principles of Islamic Jurisprudence" by Mohammad Hashim Kamali and it shines light on where we get the Sharia we have today, gives appriciation to its development and provides us with a connection to the sacrifices made to develop it and for us to preserve it under the attacks from outside and within.

When the Prophet was alive, the necessary guidance and solutions to probelms were obtained either through divine revelation, or his direct ruling. Similarly, during the period following the demise of the Prophet, the Companions remained in close contact with the teachings of the Prophet, and their decisions were mainly inspired by his precedent. Their proximity to the sources and intimate knowledge of events, provided them with the authority to rule on practical problems without there being a pressing need for methodology. However, with the expasion of the territorial domain of Islam, the Companions were dispersed and direct access to them became increasingly difficult. With this, the possibilty of confusion and error in the understanding of the textual sources became more apparent. Disputation and diversity of juristic thought in different quarters accentuated the need for clear guidelines, and the time was ripe for Al-Shafi to articulate the methodology of usul al-fiqh. Al-Shafi came on the scene when juristic controversy had become prevalent between the jurists of Medina and Iraq...This was also a time when the ulama of hadith had succedded in their efforts to collect and document the hadith. Once the fuqaha were assured of the subject-matter of the Sunnah, they began to elaborate the law, and thus the need for a methodology to regulate ijtihad became increasingly apparent. The consolidation of usul al-fiqh as a Sharia discipline was, in other words, a logical conclusion of the compilation of the vast literature of hadith.

Part of the process of developing methodology came from the expansion and the incorporation of non-Arabs. This in part made Islam distant from direct cultural influence that might corrode the message and teachings of the Prophet, in essence this development helped protect Islam in a shell and allowed the various cultures to adapt around Islam. Amazing!

Monday, July 23, 2007

Can A Women Lead A Purely Female Congregation?



Various Opinions from the Imams of the 4 schools of thought:


Imam Abu Hanifah: If a lady leads the salāh of a purely female congregation, then salāh will be correct. It is however makrooh tahrimi for women to form their own congregation.

(Hidayah vl.1,pg.305; Bada'i-us Sanai vl.1,pg.157)

Imam Malik: A lady can in no circumstance be the Imam even if the congregation be entirely female. The salāh of even a lady behind a female imām is invalid.

(Bulghatus Salik vl.1, pg.146; Ashalul Madarik, vl.1,pg.241)

Imam Shafi`i: A lady can be the imam of a purely female congregation. In fact it is mustahab for them to form their own congregation.

(Al Mughni vl.12,pg.199; Bada-i vl.1,pg. 157)

Imam Ahmad: The salāh of a lady behind a lady imām is permissible. There is however difference of opinion regarding women forming their own congregation (behind a female imam).

(Al Mughni l.12, pg.199)

Friday, June 1, 2007

The rare American imam


MISSION VIEJO, Calif. — Sheik Yassir Fazaga regularly uses a standard American calendar to provide inspiration for his weekly Friday sermon.

Around Valentine’s Day this year, he talked about how the Koran endorses romantic love within certain ethical parameters. (As opposed to say, clerics in Saudi Arabia, who denounce the banned saint’s day as a Satanic ritual.)

On World AIDS Day, he criticized Muslims for making moral judgments about the disease rather than helping the afflicted, and on International Women’s Day he focused on domestic abuse.

“My main objective is to make Islam relevant,” said Sheik Fazaga, 34, who went to high school in Orange County, which includes Mission Viejo, and brings a certain American flair to his role as imam in the mosque here.


As a previous member of "Sheikh Fazaga"'s community, I whole heartedly agree with many of the statements in the article. In fact, the OC Muslim community is a privileged one because of its many religious and community leaders who are going the extra mile to share the message of Islam in a relevant and refreshing manner; Sheikh Yassir is only one example, but an excellent one.

Unfortunately, the same cannot be said about communities in the Arab world. Although the issue of first- and second-generation immigrants is not present, religious sermons are still mostly superficial and completely irrelevant. One is likely to hear a khutbah (sermon) about respecting elders or performing prayers, but not about global poverty, hunger, AIDS, justice, corruption, democracy,... Many immigrant imams in the US are only reiterating what they are used to "back home", which is usually just as irrelevant there as it is in the US.

Even worse, in a growing number of countries in the Arab world, religious sermons are very closely scrutinized by the government to that extent that imams no longer have a say in what they discuss during their sermons. The text of the khutbah is distributed to the imams beforehand by the religious authority and most imams just read it out-loud.

No wonder I'm sitting here blogging away instead of getting ready for Friday prayer. I think I was spoilt by So. Cal. khutbahs.

Tuesday, March 27, 2007

Cab-driving while Muslim



This article in today's LA Times is not the first I come across on the 'controversy' about Muslim cab drivers refusing to take passengers carrying alcohol. In this particular instance, it's Somali cab drivers in Minneapolis (who make up over 70% of licenced cab drivers in that city).

This is the drivers' position:

"Nobody asks you what's in your luggage," said driver Abikar Abdulahi, 24. "But if it's in a box that we can see, we can't take it."

If they ever did knowingly transport alcohol, the drivers say, they would have to answer to God on Judgment Day.


This is how their position is misconstrued:

"[Do] I have to hide my Star of David necklace to get service … do I have to wear a burka?" another asked.


Who said anything about a dress code??

Or,

"You call a cab, but he can't give you a ride," he started.

"Because you have alcohol on your breath," Psihos said, finishing his thought.

"I mean, that's why I need the ride!" said Wohlwend, 39. "Because I'm hammered!"


Who said anything about transporting drunk people? And by the way, even if they did refuse (although I don't think they would on religious basis), they're allowed to by law as the article later quotes: "Drivers may legally refuse to carry passengers who appear drunk or dangerous..."

Oh, and check this out:

Spokesmen for two national Muslim organizations said they had not seen similar conflicts anywhere else. The refusal to transport alcohol (and to scan pork products) appears limited to Somalian immigrants in the Twin Cities. Their strict interpretation of the Koran does not have universal support among local Muslims.


Who do you think these "national Muslim organizations" are that are speaking on behalf of the American Muslim community? ISNA? Fiqh Council? CAIR? MPAC? Not even close. The Somali Justice Advocacy Center and the Confederation of Somali Community. Basically, professional, ethnic-based (not faith-based) organizations that are by no means qualified to issue a judgement on this issue.

Personally, I completely understand the Muslim cab driver's position. I am by no means qualified to issue a ruling on this issue, but as an average Muslim Jane the cab drivers' position does not seem to be an overly strict or 'extreme' interpretation of Islamic law.

On the other hand, I'm not so sure about the position of Muslim supermarket cashiers refusing to handle pork items (which the article also mentions). Although both alcohol and pork are prohibited Islamically, the rulings on handling and transporting them are different (to my limited knowledge).

Has anyone done any research on these issues? I would be interested to know what the scholarly opinions are regarding them.

Once that's all figured out, we need to work on sharing the information with the public and clearing up the media distortions. But we have to know what we're talking about first.