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!

Middle East and Economy the Muslim Way

One of the most enjoyable parts of my drive to work in the morning is listening to NPR's Marketplace. Its a fascinating and mind boggling world of business that is presented in a an upbeat and lively way. My routine has now also involved listening to Marketplace on the internet radio for this past week because of the fascinating special coverage they have been doing on the "Middle East at Work".

They have covered topics about Islamic Shariah compliant student loans and mortgages, to the mega health cities and desert building sprees, the new silk road and on the "Islamic Roots of Green" business.

Its quite a fascinating work that they have put together. Please do visit here and listen to it. Kai Ryssdal, the host of the show has an interesting story on his job here. He really carries the show for me, makes business seem like its not the 3 trillion dollar economy it is. Also for more on Islamic economics check out wikipedia, its a good beginning point.

Saudi rape victim pardoned - after US intervention

Advisors to King Abdullah of Saudi Arabia may have thought that pardoning “the girl from Qatif” would quiet critics at home and abroad who were outraged by the way she was treated by the fundamentalist-Islamic Saudi justice system. But from many quarters, the pardon, reported in a Saudi newspaper on Monday, seems to be renewing the criticism and calls for reform.

A bit of back story: This is the now-notorious case of a 19-year-old woman, recently married, who, having been seen sitting in a car with a man to whom she was not related, was abducted and repeatedly raped by seven men. The assailants were prosecuted (for kidnapping, not rape), but so was the woman, known publicly only as the Girl From Qatif, and the man she was with, for the Saudi crime of “illegal mingling.” And the two victims got a harsher sentence than some of the assailants initially did: 90 lashes and several months in prison. When she appealed and the case began to attract international attention, the sentence was increased to 200 lashes, and the court suspended her attorney’s license to practice law.

Read on at the NY Times

I've been meaning to blog about this case for a while but it took some time because I wanted to make sure I get the facts of the story and the Islamic ruling straight before I 'lash out' right and left. Then, I found out about the royal pardon.

When is this injustice going to stop? When will Muslims and Muslim governments start practising what they preach: justice, enjoining the good, respect for women... Until Muslims begin to stand up against injustices happening to the weak in their own country, I can't blame people for thinking we are a bunch of chauvinistic hypocrites.

Why do I say this? Do you know that this case got zero coverage in Arabic (non-Saudi)press in the Middle East? At least, I couldn't find anything. Of course, that's until the royal pardon came along. That, the press covers. And of course, don't expect the imams to talk about it in their khutbahs - God forbid they discuss any current event issue. Too bad we don't have more Sheikh Sadullah Khans:

Just as we are appalled at the recent blatant display of Saudi Chauvinism in the verdict against a s woman who was sentenced to 90 lashes despite being a victim of gang-raped by 7 men when she tried to retrieve something with her friend from another car. These men were sentenced to 80 to 1000 lashes. When she made a public plea for justice, she was sentenced to 200 lashes and her lawyer was reprimanded.

This is neither fair, nor just and certainly NOT Islamic.

11/23/ 07 ICOI Khutbah notes

Even the war criminal Mr. G. W. Bush was outraged by the verdict - it took US intervention to get the Saudi royal family to pay pardon this poor girl.

But pardoning alone is not enough. The damage has been done. The message sent to the thousands of rape victims out there is do not dare report the horrible crimes that have been committed against you.

A Lesson in Fiqh

A very interesting post on deriving fiqh rulings courtesy of Mustafa's Weblog. Excerpts below:

A common misconception among many people is that they believe the texts of the Qur’an and Hadith are intended for all of mankind and are so clear that anyone fairly literate should be able to read them and understand what they mean. The first part of this idea is correct, the Qur’an and the teachings of the Prophet are intended for everyone. However, the idea that anyone reading the texts irrespective of their background knowledge will be able to fully understand each and every intended meaning is very wrong.

Let’s take a practical example in order to demonstrate the truth of this claim. If someone were to open up Sunan Al-Tirmidhi, which is one of the very famous early collections of narrations [Ahadith], they might come across the following:

Hannad and Mahmud ibn Ghaylan informed us that Waki’ informed us on the authority of Sufyan on the authority of Abi Qays on the authority of Huzayl ibn Sharhabil on the authority of Al-Mughira ibn Shu’ba who said: “The Prophet r made ablution [wudu] and wiped over his socks and sandals.”Abu Isa (At-Tirmidhi) said: “This narration is authentic [hasan sahih].”

Whether this was read in Arabic or in English you might conclude from it that you can wipe over your feet when making wudu without having to take off your socks or sandals. You might naturally go even further and consider it ridiculous that anyone could have a doubt about this since it is so clear. The Prophet did it and the narration is authentic so we can do it too.

The post goes on to explain the different arguments on this issue and the methodology used to derive rulings in this particular case, and in general. The post then concludes with this:

One of the beautiful things about Islam is that there are no Divinely appointed clergy or priests. Anyone can study, increase in knowledge, and understand the Qur’an and Sunnah for themselves. If you only read this article with the hope of knowing whether or not you can wipe over the socks that you are wearing then go ask your local scholar rather than reading a collection of hadith. If that idea bothers you then set out on the path of knowledge, the Muslim ummah is in need of more knowledgeable people.

I think the author makes his point very well. Enjoy the post (but don't expect to get an answer on whether or not you can wipe on your socks!).

This is also another (shorter) post worth reading on Br. Mustafa's blog related to understanding hadith.

P.S. Jazakum Allah khairan Br. Mustafa and the brother who emailed me the link to the blog - may Allah (swt) increase us all in useful knowledge.

Deeply spiritual or deeply ignorant?

This article in Newsweek about 'Muslim' Punk Rock stars (thanks Zahra for forwarding) reminded me of excerpts from one of my favourite books (which I was planning on posting anyway):

" People ask about those who engage in a great deal of remembrance yet neglect or ignore obligatory rites of worship as if they have transcended the need for these rites. This is unmitigated ignorance.

The first and foremost obligation on every human being is to gain knowledge. A human being is nothing until he has learned what is obligatory on every individual (fard `ayn). Without this a person has no rank or standing with God, and nothing is more consequential to a person other than his standing with God.

When God created us, He gave us accountability and the means and ability to carry out our responsibilities. Anyone who does not care to learn the first order of knowledge is living the life of a farm animal, a creature that does nothing but graze in this life, which is entirely insufficient in God's sight.

There is a confused sense of spirituality in which one feels that he or she can attain to the Reality without tending to the responsibilities and obligations of the Shari`a. This is a misleading phenomenon that spreads because of its appeal: spiritual sensation without any moral obligation.

Islam does not call people to unreasoned faith. It demands that a person learn authentic knowledge, which buttresses true spiritual growth. This real spirituality is protected by Shari`a , just as a shell protects its fruit. A person who tries to attain spirituality without the Shari`a will eventually destroy his soul and become, in essence, a false person.

Our objective is not merely to go through these spiritual experiences, but to firmly be grounded in a path that takes us to the pleasure of God and salvation in the Hereafter. If one performs remembrance properly and often, things will happen to the inner self. These things are studies by scholars of the inner sciences.

But we're also aware that Satan can play games with those who engage in certain practices blindly and without knowledge and prioritization. That's the peril of New Age practises and philosophies that can lead to sensations and experiences in which the one having them cannot distinguish between satanic influences, psychological phenomena and true spiritual encounters."