Dr.

Mohammad Omar Farooq

Associate Professor of Economics and Finance
Upper Iowa University, USA
Octoer !""#
$Draft in progress% Feedac& we'come(
)omepa*e% http%++www.*'oa'wepost.com+farooqm
Emai'% farooqm,*'oa'wepost.com
Abstract:
Shariah is a common Is'amic term, -t wide'y mis-nderstood and misinterpreted. A society
cannot e witho-t some 'aws or a 'e*a' framewor&. Since Is'am.s *-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-r.an is
to serve as the primary and divine so-rce for s-ch *-idance. )owever, Is'am is not a'' 'aw, as 'ife
itse'f can.t e defined and dictated in mere'y 'e*a' terms. )istorica''y, 'e*a'ism emer*ed as the
dominant mode of thin&in* and approach amon* M-s'ims, where form too& precedence over
s-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 the
term Shariah is e/p'ored in depth, and the desired va'-e5orientation is contrasted with the
prevai'in* 'e*a'ism. A set of va'-es and princip'es derived direct'y from the 2-r.an is a'so
presented.
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 overt
racist 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 of
races, 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-mphed
with the aid of powerf-' monarchs converted to the new faith. 9
:hristianity had its :onstantine, ;-ddhism its Aso&a, and <oroastrianism its :yr-s, each
'endin* to his chosen c-'t the mi*hty force of sec-'ar a-thority. 9
=ot so Is'am. Arisin* in a desert 'and sparse'y inhaited y a nomad race previo-s'y
-ndistin*-ished in h-man anna's, sai'ed forth on its *reat advent-re with the s'enderest
h-man ac&in* and a*ainst the heaviest materia' odds. >et Is'am tri-mphed with
seemin*'y mirac-'o-s ease, and a co-p'e of *enerations saw the Fiery :rescent orne
victorio-s from the Pyrenees to the )ima'ayas and from the desert of :entra' Asia to the
deserts of :entra' Africa.?
!
As confrontation and cha''en*e of the e/istin* powers provided the conte/t for the new society to
e/pand the territories -nder its contro', in two other respects, the si6e of the M-s'im comm-nity
and its inf'-ence contin-ed to *row at a rather astonishin*'y ris& pace. First, representatives of
the M-s'im comm-nity, inspired y the ca'' of Is'am to propa*ate the messa*e to the rest of the
wor'd, reached distant parts of the wor'd. A'so, the Aras ori*ina''y were a tradin* comm-nity, and
-nder Is'am, with trade and -siness considered a virt-e and th-s emphasi6ed, many M-s'ims
-i't trade contacts across the 'ands and seas and even sett'ed in other parts of the wor'd.
Indeed, trade and propa*ation were often insepara'e. Second, as the Is'amic po'ity too& shape
and achieved conso'idation and even dominance, peop'e of other faiths and from other parts of
1
A.M. @othrop Stoddard $7AAB57CD"(, a )arvard5ed-cated historian, had racist an*'e to his tho-*hts,
and was open'y anti5immi*ration. For more, see http%++en.wi&ipedia.or*+wi&i+@othropEStoddard
2
Stoddard. New World of Islam $@ondon, 7CB!(, p. 75B
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 the
wor'd% ;i'a' 3a s'ave from Ayssinia, now Ethiopia4, Sa'man from Persia, Shoai from Fome, and
so on.
Despite a'' the -ps and downs thro-*h interna' and e/terna' tensions and conf'icts, the p'-ra'istic
orientation of the Is'amic po'ity contin-ed. 1he Is'amic r-'e in Spain provides an i''-strative
e/amp'e of Is'am.s ai'ity and s-ccess to e p'-ra'istic and dynamic. 1hree of the *reatest
persona'ities of the three Arahamic faiths re'ate to this period and environment% Averroes 3In
F-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 8Io'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 and
inte''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.
Irad-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 the
s'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''y
attracted to mi*rate to the M-s'im wor'd, M-s'ims from aro-nd the wor'd are deep'y attracted y
the Jest 'i&e a ma*net.
Indeed, the more a M-s'im5ma0ority co-ntry
K
is 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 of
women, physica' p-nishments, stonin* and a'' other s-ch thin*s. It has reached the
e/tent that many M-s'im inte''ect-a's do not dare even to refer to the concept for fear of
fri*htenin* peop'e or aro-sin* s-spicion of a'' of their wor& y the mere mention of the
word.?
D
Does that mean that the notion of shariah has 'ost its re'evance or is it etter that we avoid itL =ot
necessari'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-r
voca-'ary. Many times a notion can e distorted thro-*h misperception, mis-nderstandin* or
mis-se. In s-ch cases, the so'-tion is not mere'y to discard a notion or term, -t to remove the
mis-nderstandin*, c'arify the a-ses, and ens-re that the pra/is of faith reasona'y and
conscientio-s'y conforms to the c'aimed idea's.
3
Hewish M-s'im :hristian Symioses, q-otin* Haco ;ender, President of 8Feason and Feve'ation?,
a-thor of 81hree Jise Men?, and a fi'm5ma&er descriin* the Hewish5M-s'im5:hristian symioses.
4
In &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'im5ma0ority
co-ntry.?
5
1ariq Famadan. Western Muslims and the Future of Islam $O/ford University Press, !""K(, P. B7.
6
Mohammed Ayoo. 8M-s'ims co-'d enefit from anishin* the word M0ihad.,? Dai'y 1imes $Octoer "7,
!""#(, http%++www.dai'ytimes.com.p&+defa-'t.aspLpa*eN!""#OD:7"OD:"7OD:storyE757"5!""#Ep*BE#.
8It is tr-e that scho'ars of 'aw and 0-rispr-dence have a'most nat-ra''y restricted the
meanin* 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'ims
themse'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.?
P
Jhi'e Is'am -nder the 'eadership of Prophet M-hammad ro-*ht 'ieration and freedom from
h-man onda*e and -shered in scientific, techno'o*ica', economic and c-'t-ra' pro*ress as part
of a dynamic civi'i6ation, the Shariah as it is ein* presented today seems to do 3and proa'y
promise more of4 0-st the opposite. JhyL In this essay, it is ar*-ed that one pivota' pro'em has
to do with some f-ndamenta' mis-nderstandin* ao-t Is'am and Shariah. 1he notion of Shariah
has not ecome irre'evant, -t it is now 'aden with *ross mis-nderstandin* and distortion, which
m-st e addressed.
II. Shariah vs. Fiqh: Contemporary Implementation nderta!ings
1o etter -nderstand and appreciate the pro'ems associated with the -sa*e of the term
8Shariah?, '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 in
so5ca''ed Shariah 'aws is the Qin*dom of Sa-di Araia. Jith its formative sta*e e*innin* in 7PD"
-nder M-hammad in Sa-d, and severa' phases of conso'idation and e/pansion, the Qin*dom
too& its c-rrent shape in 7CB! -nder Qin* Ad-' A6i6. 1he co-ntry, representin* 3or occ-pyin* the
heart'and of Is'am with two of the ho'iest p'aces4, emer*ed -nder the conf'-ence of 3a4 the
str-**'e of Aras of that part to see& independence from the Ottoman empire of the non5Ara
1-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-t
a power sharin* arran*ement, where matters of Shariah 3narrow'y defined, re'i*io-s 'aws4 are 'eft
with the officia''y or*ani6ed and s-pported re'i*io-s esta'ishment, and the po'itica' and other
a-thority are vested in the monarchy, which e/pects to e -ndist-red y the re'i*io-s
esta'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 7CKP, has the d-io-s distinction of ein* the first Is'amic
Fep-'ic of modern times. Since then it has ecome a n-c'ear power, -t has not s-cceeded in
ma&in* a transition to any representative form of *overnment on a s-staina'e asis. Every rief
period of civi'ian *overnment has een interr-pted y mi'itary co-p. D-rin* the rei*n of Ienera'
<ia-' )-q, who came to power thro-*h a co-p in 7CPP, the Shariah fervor ecame stron* and
soon the co-ntry, -nder dictatoria' r-'e, was treated with a ro-st dose of Shariah 'aws. Ear'ier, in
7CP7, to s-ppress the res-'t of a democratic e'ection and thwart the 'e*itimate demand and
movement for a-tonomy of East Pa&istan, the mi'itary of Pa&istan committed one of the worst
*enocides in history a*ainst its ;an*a'i pop-'ation, which inc'-ded victims from the M-s'im
ma0ority and )ind- minority.
A
In 7CAB S-dan e*an its Shariah e/periment -nder the mi'itary dictator Hafar =-meiri. 1he Is'amic
po'itica' *ro-ps 0oined hands with the dictator to faci'itate imp'ementation of shariah. Ever since,
the co-ntry has een *oin* thro-*h waves of instai'ity. :orr-ption and a-se of power are
rampant. 1he co-ntry is c-rrent'y e/periencin* a *enocide, invo'vin* most'y M-s'ims persec-tin*
M-s'ims in Darf-r. =either the *overnment has een s-ccessf-' in reso'vin* the pro'em, nor has
it a''owed any o-tside intervention to rin* the conf'ict to an end.
7
Famadan. op. cit., p. B7.
8
For detai's ao-t the *enocide in 7CP7, visit Ienocide7CP7 at
http%++www.*'oa'wepost.com+*enocide7CP7.
At the end of Soviet occ-pation, Af*hanistan ecame an Is'amic Fep-'ic and -'timate'y the
1a'ian movement ass-med power in 7CC#. D-rin* its r-'e ti'' !""7, when it was removed from
power thro-*h the invasion y US5'ed coa'ition, it tried to imp'ement one of the strictest and
harshest version of shariah, and earned condemnation of not on'y the rest of the wor'd, -t a'so
its own peop'e fe't hosta*e -nder the 1a'iani cho&eho'd. =i*eria, another M-s'im5ma0ority
co-ntry, has seen Is'amic res-r*ence in certain re*ions, where re*iona' M-s'im *ro-ps have tried
to imp'ement shariah in their respective provinces+states.
1here is a pattern of these pro0ects of shariah imp'ementation. First, in a'' fo-r cases mentioned
aove, it is associated with dictatoria', a-thoritarian or hereditary r-'e of an individ-a' or a *ro-p
that is se'f5imposed on the respective nation. Second, in case of Pa&istan and S-dan, Shariah
has asica''y meant hudood p-nishments, where Is'am5prescried p-nishments of serio-s
offences, civi' and re'i*io-s, have een meted o-t in a society, even tho-*h r-'e of 'aw and
independent 0-diciary are not present and corr-ption+a-se of power of 'aw enforcement
instit-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 Shariah y e'iminatin* interest from the entire
system. )owever, apart from chan*es in form rather than in s-stance, the movement toward
interest5free 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 the
worst 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 and
ironic eca-se Ma&&ah, the city of the ho'iest p'ace of Is'am, was fo-nded y a *reat woman.
C

Jea'th in that co-ntry is concentrated in the hands of a powerf-' few. 1he shariah 'aws of the
co-ntry can e app'ied to anyone, other than the roya' fami'y. )owever, one of the asic
princip'es of Is'am is that no one R aso'-te'y no one R is aove shariah or 'aw. 1h-s, Shariah of
Sa-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 and
imp'ementation of Shariah was imposed on the peop'e in a draconian manner, which a'so
trivia'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*hanistan
e/perience, inc'-din* the 1a'ian r-'e, which a'so had a vac--m that attracted non5Af*hani
M-s'ims to -ti'i6e the co-ntry for their own radica' a*enda, was shaped y oth interna' and
e/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-s
esta'ishment has een *iven the -'timate constit-tiona' power that is disproportionate for a
representative 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 of
imamate, it is servin* as a cho&eho'd on the Iranian society. It is important to -nderstand that
8revo'-tionary? fervors can.t e a permanent condition. 1he transition to a norma' society m-st e
made. S'o*aneerin* and rhetoric can.t e s-stit-tes for ens-rin* f-'fi''ment of asic needs 3and
eyond4 thro-*h adeq-ate economic deve'opment. >et, Iran is definite'y in a m-ch etter shape
for a host of reasons, interna' and e/terna'. Second'y, there are some 'aws that are too strict and
their imp'ementation too harsh, especia''y in re*ard to women, the minorities and the po'itica' or
re'i*io-s dissidents. Despite these pitfa''s, since Iran has -phe'd and s-stained to date its trac& of
9
Mohammad 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.
representative form of *overnance, there is hope that interna' dynamics wi'' faci'itate the
reso'-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'im5
ma0ority co-ntry to date that has s-ccessf-''y ro&en away from the traditiona' mo'd. It has
achieved the desired economic pro*ress, witho-t sacrificin* its Is'amic identity and orientation. It
is 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 not
promote the rhetoric or si*noards of Is'am 'i&e the shariah5enamored co-ntries mentioned
ear'ier. Indeed, Is'amic 'aws and va'-es are ta&en serio-s'y in Ma'aysia, witho-t compromisin* its
commitment to p'-ra'ism or economic prosperity.
Unfort-nate'y, what is championed or demanded y the Is'amic reviva'ists as Shariah and what is
critici6ed and sh-nned y the Jest as Shariah is not c'oser to the Ma'aysian mode', -t is
identified 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 asic
h-man ri*hts. Indeed, in these co-ntries, Shariah has ecome synonymo-s not with Is'amic
va'-es and princip'es, -t a'most e/c'-sive'y with harsh pena' 'aws or ordinances of which the
most common victims are peop'e with 'itt'e or no power in the society. 1he case of )-dood
Ordinance 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"

1hat.s why a etter -nderstandin* of the concept of shariah is so important, especia''y in re*ard
to the fact that shariah, as mentioned in the 2-r.an and )adith, is m-ch roader and *eneric than
the sense it is common'y -sed now.
8If the idea of Mesta'ishin* r-'es. is indeed contained in the notion of Shariah 3from the
root 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% Mthe path that 'eads to
the sprin*.?
77
Proper -nderstandin* of the notion of Shariah is now even more important than ever eca-se the
traditiona' view ao-t Shariah is fai'in* to meet M-s'ims. e/pectations of Is'am to *-ide them and
so'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 social
expectations stresses the need for a fresh quest for the normative basis.
Consequently, Muslim views on the position of Shariah in Muslim polity have
become increasingly polaried between secularist and traditionalist
viewpoints!.
"#
III. "hat is Shariah# $erceptions and %isperceptions
Jhy does the notion of Shariah have s-ch a commandin* ho'd amon* traditiona' as we'' as
reviva'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.
10
For pertinent information and ana'ysis of this -nis'amic and inh-man e/perience, see Mohammad
Omar Farooq. Fape 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!5B7PCG Asifa 2-raishi. S)er
)onor% An Is'amic :ritiq-e of the Fape @aws of Pa&istan from a Joman5Sensitive Perspective," Michigan
Journal of International Law $7CCP, To'-me 7A, pp. !AP5B!"(G Asma Hahan*ir and )ina Hi'ani. The Hudood
Ordinance $San*5e5Mee' P-'ications, !""B(.
11
Famadan, op. cit., p. B7.
12
M-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.
8@aw is the primary re'i*io-s science in Is'am. Once committed to Is'am, the e'iever.s
overridin* concern and q-estion is MJhat do I doG what is Iod.s wi''+'awL. @aw is
essentia''y re'i*io-s, the concrete e/pression of Iod.s *-idance 3Shariah, path or 'aw4 for
h-manity. 1hro-*ho-t history, Is'amic 'aw has remained centra' to M-s'im identity and
practice, for it constit-tes the idea' socia' '-eprint for the M*ood society.. 1he Shariah has
een a so-rce of 'aw and mora' *-idance, the asis for oth 'aw and ethics. Despite vast
c-'t-ra' differences, Is'amic 'aw has provided an -nder'yin* sense of identity, a common
code of ehavior, for M-s'im societies. As a res-'t, the ro'e of Is'amic 'aw in M-s'im
society 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 Iod meant oedience to Iod.s
contin-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. ;oth
2-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 to
fo''ow Iod.s wi'' did not. Qnow'ed*e and enforcement of Iod.s 'aw were contin-in*
concerns.?
7B
Of co-rse, the aove view of Shariah and 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* Iod.s
*-idance in the form of 'aws and codes is indin*, Iod.s *-idance in its comprehensiveness and
definitiveness, as c'aimed, is not so c'ear. Iod.s reve'ation, as contained in the 2-r.an, did not
come to -s as a codified man-a' of 'aw. 1hese 'aws req-ire ascertainin* and interpretation y
fa''i'e h-man ein*s.
81he 'itera' meanin* of Sharia is Mthe road to the waterin* ho'e,. the c'ear, ri*ht, or strai*ht
path to e fo''owed. In Is'am, it came to mean the divine'y mandated path, the strai*ht
path of Is'am, that M-s'ims were to fo''ow, Iod.s wi'' or 'aw. )owever, eca-se the 2-ran
does 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, M-nderstandin*,. is that science or discip'ine that so-*ht
to ascertain, interpret, and app'y Iod.s wi'' or *-idance 3Sharia4 as fo-nd in the 2-ran to
a'' aspects of 'ife.?
7K
Jhi'e Iod.s *-idance is s-pposed to 'ead to a society that ref'ects etter 0-stice, harmony, and
a'ance, why has the e/perience to date of the co-ntries e/perimentin* with Shariah een rather
dep'ora'eL It sho-'d e noted here that a pivota' aspect of imp'ementation of Shariah in the
aovementioned fo-r co-ntries is that it has not een done thro-*h pop-'ar wi'', -t thro-*h the
a-thority and sheer force of the r-'in* 0-nta or dynasty. 1h-s, it is not acc-rate to say that the
notion 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-stice
and 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 can.t 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. Fe'i*ion and faith are dear to their hearts. )owever, even s-ch traditiona' peop'e
fo-nd the 1a'ian r-'e as an -neara'e encroachment on their f-ndamenta' h-man di*nity and
ri*hts. Pa&istan has een an 8Is'amic Fep-'ic? since its inception, as its peop'e is a'so *enera''y
very 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 the
fanaticism, a**ressiveness and ri*idity of the proponents and se'f5proc'aimed
13
Hohn Esposito. Islam! The Straight "ath $O/ford University Press, !""D(, pp. PK5PD.
14
Iid. p. PA.
*-ardians+a-thorities of Is'am. 1here is an -ndenia'e rea'ity that the M-s'im mass does not have
the appetite for the &ind of shariah that is ein* imposed on them from the top, especia''y y
corr-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 to
their re'i*ion, anythin* that is presented to them as divine and th-s indin* -pon them ma&es
them psycho'o*ica''y and emotiona''y v-'nera'e to acq-iescence or even manip-'ation.
In this conte/t, the notion that shariah is 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. If
somethin* is from A''ah, then it can.t e treated any other way. )owever, what e/act'y is divine
and 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 shariah is divine and imm-ta'e. For a detai'ed presentation of
s-ch common oservations, see my s-rvey SJhat is Shariah L 5 Definition+Description potpo-rriS.
81he Shariah inc'-des oth faith and practice. It emraces worship, individ-a' attit-de and
cond-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, doUs and donUts5 the
r-'es and re*-'ations for cond-ct and ehavior. @ast'y, it is a'so -sed as the eq-iva'ent of
the Is'amic 'aws.
1he Shariah is th-s nothin* 'ess than the divine'y ordained way of 'ife for man. 1o rea'ise
the divine wi'', man m-st fo''ow the Shariah. 1o 'ive in Is'am is to 'ive accordin* to the
Shariah. 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 the
who'e of it, wherever and in whatever sit-ation he finds himse'f. )ence the M-s'im
insistence, persistence, commitment and passion for it.?
7D
?1)E E1EF=A@ A=D U=:)A=II=I
1he Shariah is for a'' times to come, eq-a''y va'id -nder a'' circ-mstances. 1he M-s'im
insistence on the imm-tai'ity of the Shariah is hi*h'y p-66'in* to many peop'e, -t any
other view wo-'d e inconsistent with its asic concept. If it is divine'y ordained, it can e
chan*ed y a h-man ein* on'y if a-thorised y Iod or )is Prophet. 1hose who advise
rin*in* it into 'ine with c-rrent thin&in* reco*nise this diffic-'ty. )ence they recommend
to M-s'ims that the U'e*a'U provisions in the 2-rUan and the concept of the Prophet as 'aw5
*iver and r-'er sho-'d e Udown*radedU .
;-t, as the manifestation of IodUs infinite mercy, &now'ed*e and wisdom, the Shariah
cannot e amended to conform to chan*in* h-man va'-es and standards% rather, it is the
aso'-te norm to which a'' h-man va'-es and cond-ct m-st conformG it is the frame to
which 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 Shariah and, as we have
a'ready noted, it admits of no distinction etween its parts% Uto prayU is as va'id,
enforcea'e, o'i*atory and sacred as Uto cons-'t in co''ective affairsU or to Uprohiit
interestU or Uto stone an ad-'tererU.?
7P
15
Qh-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 and
dedicated his 'ife to etter present Is'am to the M-s'ims in the Jest.
16
M-rad, e/cerpted from this @in&
17
M-rad, e/cerpted from this @in&.
?In Araic, Shariah means the c'ear, we''5trodden path to water. Is'amica''y, it is -sed to
refer to the matters of re'i*ion that Iod has 'e*is'ated for )is servants. 1he 'in*-istic
meanin* of Shariah revererates in its technica' -sa*e% 0-st as water is vita' to h-man 'ife
so the c'arity and -pri*htness of Shariah is the means of 'ife for so-'s and minds.?
7A
8Fina''y, when man&ind had reached the sta*e of inte''ect-a' mat-rity and was ready to
receive the 'ast messa*e from A''ah S-hanah- wa 1aUa'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 and
comm-nities. Otherwise, )e wo-'d have indicated that this 'aw wo-'d e s-0ect to
amendment, and wo-'d have o-t'ined the proced-re for s-ch amendment. Jhat a'' this
means is that no 'e*is'ative, e/ec-tive or 0-dicia' a-thority has the power to amend Iod.s
'aw, which m-st e imp'emented in f-''.?
!"
81he Shariah is the divine'y ordained code of ehavio-r that dictates the way of 'ife for
man&ind.?
!7
8Since the Qin*dom $of Sa-di Araia( has adopted Is'am, in word, deed and e'ief, as its
mode of 'ife, its society is ased on firm'y esta'ished princip'es derived from the
provisions of divine reve'ation, which sti'' constit-te the cornerstone of Is'amic civi'i6ation.
Its system of *overnment is ased on 0-stice, cons-'tation, eq-a'ity and a desire to
ens-re the proper app'ication of the Is'amic Shariah in a'' its aspects.?
!!
8Jhi'e shariah 'aw is sacred and imm-ta'e, fiqh is h-man science.?
!B
8 ... Shariah is 0-st another name of Is'am and a pattern of tho-*ht and action *iven y
Is'am, ... It sho-'d a'so e c'ear that there are no versions of Is'am. It is a deen revea'ed
y A''ah and a way shown to -s y the Prophet 3peace e -pon him4. It is comp'ete code
of 'ife and presents so'-tions to a'' matters and the pro'ems of 'ife. ... Is'am provides
c'ear and -nami*-o-s *-idance for 'ife.?
!K
8Shariah N Is'amic @aw.?
!D
1his eq-atin* of Shariah with Is'amic @aw is not 'imited to the 'aymen, 0o-rna'ists, or
dema*o*-es. 1hat it is so pervasive is evidenced y even wor&s of hi*h scho'arship who are
committed to rin* ao-t a transformation in M-s'im tho-*ht patterns. For e/amp'e, Imam al#
Shati&i's Theor$ of the Higher O&(ecti)es and Intents of Islamic Law is a va'-a'e wor&,
introd-cin* semina' contri-tions of Imam a'5Shatii. 1his time'y p-'ication of from a ma0or
Is'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.
18
Shay&h Fara6 Faani. 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 the
M-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 Fatwa
and Fesearch.
20
Adi' Sa'ahi, 8Does Is'amic @aw =eed ModificationL? Ara =ews, May !!, !""#.
21
Hamiat-' U'ama. Shariah.
22
Sa-di Emassy doc-ment, 8)-man Fi*hts in H-dicia' System, !"""? $on'ine doc-ment(
23
Sistersinis'am.or*. Feformin* Fami'y @aw in the M-s'im Jor'd
24
Qh-rshid Ahmad. 8Imp'ementation of Shariah,? trans'ated from Urd- ori*ina' in 1ar0-man-' 2-r.an
Isharat, Octoer 7CCAG Ahmad is a prominent 'eader and inte''ect-a' of Hamaat5e5Is'ami Pa&istan.
25
Shariah in Is'amic ;an&in* I'ossary, Is'amicity.com.
3!4 1o re-i'd the Is'amic c-'t-ra' scheme and to present modern h-manistic and socia'
&now'ed*e from an Is'amic perspective.
!#
A we''5&nown contemporary scho'ar, whom I a'so respect hi*h'y, wrote the introd-ction to the
aovementioned oo&, in which he mentioned%
1he most important and sa'ient means y which scho'ars so-*ht to achieve this *oa' was
that of e'-cidatin* the o0ectives of Is'am, the ca-ses ehind Is'amic 'e*a' r-'in*s as we''
as the intentions and *oa's which -nder'ie the Shari'ah, or Islamic Law.
!P
Ovio-s'y, the aove q-otations are more contemporary to o-r time. One reason for this is that
more often than not, peop'e.s app'ied efforts are ref'ection of their contemporary -nderstandin*,
re*ard'ess of what may have een the form-'ations of the past. Another, even more important
reason, is that the 'ater period of c'assica' Is'amic disco-rse does -se the term Shariah, -t
witho-t e/p'icatin* it, a'most ass-min* that everyone &nows and -nderstands what it is and what
it entai's.
8Jhi'e the Sharia may e defined in a variety of ways, no definition that see&s to do
0-stice to medieva' M-s'im tho-*ht can do witho-t the &ey concept of ah*am, rendered
here as Mcate*ori6ations.. 1he Sharia is, first and foremost, the tota'ity of divine
Mcate*ori6ations of h-man acts. 3al#ah*am fi'l af'al, al#ah*am al#+amali$a4. 1he medieva'
M-s'ims were in fact m-ch more concerned with the e/p'ication of the concept of a divine
cate*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'' of
the '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& of
MSharia cate*ori6ations. 3al#ah*am al#shar'i$a4.?
!A
Jeiss. oservation ao-t not havin* any disc-ssion ao-t the term Shariah in the ear'iest of
renowned 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 Shariah as a notion in the ear'iest of
c'assica' disco-rse, in o-r contemporary time, the -se of this term is widespread, and e'ow are
some of the main points e/tracted from the aove5mentioned definitions+descriptions of Shariah.
a4 Shariah is divine.
4 Shariah is imm-ta'e.
c4 Shariah is the same as Is'am and it is 8comp'ete code of 'ife?.
d4 Shariah is the same as @awG others say it is not.
e4 Shariah is enforcea'e $witho-t any distinction etween prayer or crimes(.
f4 Shariah $Is'am( provides 8c'ear and -nami*-o-s? *-idance for 'ife.
1his itemi6ed 'ist can e he'pf-' to e/p'ore and appreciate the -nderstandin* and
mis-nderstandin* ao-t shariah. @et -s ana'y6e each of these separate'y.
Is Shariah divine#
@et -s first ens-re that we -nderstand the word 8divine?. Accordin* to Merriam5Jester
Dictionary, the word means% 8of, re'atin* to, or proceedin* direct'y from Iod.?
!C
Is shariah direct'y
from IodL 1he answer to this q-estion depends on how we define the scope of shariah. For
e/amp'e, if shariah is eq-iva'ent to Is'amic 'aw 3fih4, then it cannot e divine. 1he reason is
26
Dr. Ahmad a'5Fays-ni. Imam al#Shati&i's Theor$ of the Higher O&(ecti)es and Intents of Islamic Law
$Jashin*ton, D:% 1he Internationa' Instit-te of Is'amic 1ho-*ht, !""D(, p. /ii.
27
iid., p. /i 3emphasis added4.
28
;ernard I. Jeiss. The Search for %od's Law! Islamic Juris,rudence in the Writings of Sa$f al#-in al#
.midi $Sa't @a&e :ity, Utah% University of Utah Press, 7CC!(, pp. 75!.
29
http%++www.m5w.com+dictionary+divine
indisp-ta'y c'ear% fih or Is'amic 'aw in its tota'ity is most'y h-man constr-ct. Even tho-*h one of
the usul 3so-rce methodo'o*ies4, the 2-r.an, is re*arded y M-s'ims as divine, the other so-rces
R hadith, i(ma 3consens-s4 and i$as 3ana'o*ica' ded-ctions4 R are not divine.
1o f-''y appreciate the re'evance of the precedin* statement, it is important to -nderstand and
ac&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'y
anythin* on which there is i(ma, inc'-din* even the definition of i(ma. Many scho'ars do
ac&now'ed*e that on most thin*s peop'e c'aim i(ma there is no i(ma.
Accordin* to Imam In 1aymiyah, S... many pro'ems ao-t which peop'e thin& that there is i(ma
on them, whi'e in fact there is none. Father in some cases even the opposite view is correct and
is -phe'd.
B"
A'so i(ma is not a so-rce to derive 'awsG instead, it is more for va'idation of a 'aw that is a'ready
derived or form-'ated y others. Some scho'ars have e'evated the stat-s of i(ma aove hadith.
And, there are others who have e'evated i(ma, q-ite -naccepta'y, aove a'' other so-rces,
inc'-din* the 2-r.an. )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 the
I0ma as f-nctionin* as a probable indicator of the 'aw, one that co-'d yie'd nothin* more
than opinion. 1r-e, he seems, on the iss-e of the a-thority of the I0ma, to try to stradd'e
the fence etween the two camps y affirmin* the near conc'-siveness of the s-pportin*
2-r.anic and S-nnaic te/ts, especia''y the 'atter. ;-t near conc'-siveness is not, from a
technica' point of view the same thin* as conc'-siveness, and Amidi finds himse'f
constrained in the end to 'et the aso'-te a-thority of the I0ma rest -pon proai'ity. 1his
ein* the case, he has no choice -t to re*ard the I0ma as act-a''y operatin* as a
proa'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 I0maU% Is there any
:onsens-s.?
For m-ch of Is'amic 'aws, i$as has een the most common'y -sed so-rce. It is ac&now'ed*ed
even y Is'amic 0-rists and scho'ars that i$as is essentia''y a method of h-man reasonin*. Of
co-rse, the ana'o*ica' reasonin* is app'ied in connection with somethin* avai'a'e in the two
primary so-rces% the 2-r.an 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 within4
vario-s schoo's of 0-rispr-dence on many s-ch matters of shariah. 1h-s, most of the o-tp-t of
i$as can.t e re*arded as divine. For detai's, p'ease read another d-'y doc-mented essay of
mine 82iyas 3Ana'o*ica' Feasonin*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 in
this conte/t, eca-se it is one of the most sensitive iss-es. )owever, a M-s'im is conscientio-s'y
d-ty5o-nd to approach any s-ch iss-e in 'i*ht of the *-idance of the 2-r.an and the S-nnah in
an o0ective manner. 1he 2-r.an is divine, as we e'ieve that it is direct, veratim and
-nad-'terated, fina' reve'ation from Iod. )owever, hadith is not at the same 'eve' of the 2-r.an. It
is important to note that what constit-tes a-thentication of hadith, so that we can separate the
sahih 3a-thentic or so-nd4 ones and a'so e a'e to *rade or c'assify the rest, is a h-man
process. Even the criteria or methodo'o*y of a-thentication is a h-man enterprise.
30
1aimiya, Fatawa, To'. I, p. K"#. Mata Q-rdistan5a'5I'miya, :airo, 7B!# A.), q-oted in S. A-' A.'a
Ma-d-di, Islamic Law and /onstitution $@ahore, Pa&istan% Is'amic P-'ications, Ath ed., 7CAB(, p. C!.
31
Jeiss, op.cit., p. !DK.
Many M-s'ims mi*ht not &now that whi'e Sahih a'5;-&hari is the most hi*h'y re*arded co''ection
of the Prophetic narrations 3and deservin*'y so4, he did not specify what criteria he -sed to
eva'-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. Other
scho'ars 'ater have attempted to identify what mi*ht have een their criteria, in a manner of
8reverse en*ineerin*.?
BB
8Most of the a-thors of si/ principa' oo&s of hadith did not descrie their criteria in
se'ectin* the materia', e/cept for a sentence here and there, -t it is possi'e to arrive at
some conc'-sions from their writin*s. )a6imi and Maqdisi st-died the s-0ect. 1hey
st-died the q-a'ities of narrators whose ahadith have een recorded in those oo&s and
tried to find o-t a *enera' r-'e. )a6imi says that those scho'ars had certain criteria in
acceptin* 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 of
a-thentication. Indeed, the 'ist of a-thentication criteria was not identica' amon* the compi'ers.
1hat.s why, 'et a'one other co''ections, the two most hi*h'y re*arded co''ections, Sahih a'5;-&hari
and Sahih M-s'im, have many hadiths that appear in one, -t not in oth.
Moreover, hadiths are *raded as sahih 3so-nd4, hasan 3*ood4, daif 3wea&4 and maudu
3faricated4. Jhi'e there is a road a*reement on many hadiths that are re*arded as sahih, there
are many ao-t which there is no a*reement ao-t their a-thenticity. Some hadiths are re*arded
sahih y some scho'ars, whi'e not so y others. A'so, ;-&hari and M-s'im ein* tit'ed as Sahih
does not mean that a'' the hadiths in those co''ections are sahih. A'so to e noted is the fact that
the a-thentication methodo'o*y of the compi'ers does not scr-tini6e a hadith in terms of its matn
3te/t4, whether the content of any hadith is consistent with the 2-r.an, other hadiths, or
esta'ished historica' facts, etc.
1h-s, whi'e the a-thentication process and the no'e contri-tion of the hadith scho'ars have
e'evated the hadith 'iterat-re at a m-ch hi*her 'eve' of acceptai'ity and re'iai'ity, scho'ars do
reco*ni6e that -n'ess mutawatir 3narrated in e/act'y simi'ar words thro-*h n-mero-s chains, as
contrasted with ahad 5 so'itary or simp'y non5mutawatir4, even sahih hadith yie'ds on'y
probabilistic or speculative &now'ed*e, not certainty. 1herefore, hadith 'iterat-re is a precio-s
treas-re for -s to enefit from as a comp'ementary so-rce of *-idance, -t the h-man inp-t is too
hi*h to consider it as a divine so-rce. Since the 2-r.an has on'y a few and most important
in0-nctions covered 3and even that, in *enera' terms4, and most of the shariah 3'aws and codes4
are ased on hadith, where hadith is not divine in the sense the 2-r.an is, it is important to
-nderstand why any c'aim that shariah 3in 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 shariah R in the
sense that it covers the entire spectr-m of 'ife for which sacred and indin* 'aws and codes are
a'ready 'aid o-t R is ma&in* an erroneo-s 3or worseV4 statement. S-ch a statement can.t e
s-pported from an Is'amic viewpoint.
81he Sharia is ... the tota'ity of divine cate*ori6ations of h-man acts. ;-t these
cate*ori6ations have not, accordin* to the common M-s'im view, een precise'y spe''ed
32
1here 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.
33
Feverse 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 of
In Sa'ah.. )e wrote 0isalat al#Hafi1 Mohammad i&n Tahir al#Madisi fi Shurut 2utu& al#a3imma al#Sitta.
M-hammad MUthman a'5)a6imi is another scho'ar 3d.DAK+77AA4, who proed into determinin* the criteria
-sed y hadith compi'ers. )is oo& is Shurut al#.3immah al#2hamsah 3ed. M.<. a'5Qa-thari, :airo, =.D.4.
34
M-hammad M-stafa A6ami, Studies in Hadith Methodolog$ and Literature $Indianapo'is, Indiana%
American 1r-st P-'ications, 7CPP(, p. C".
o-t for the enefit of man&ind. 1r-e, Iod has revea'ed his eterna' speech R an attri-te
inherin* in his very essence R to man&ind thro-*h prophets. ;-t when searches thro-*h
the repositories of divine reve'ation, one does not find an a-ndance of statements of the
form MW is o'i*atory. 3or recommended, disapproved, foridden, etc.4. Instead, one finds
a variety of 'ess precise 'in*-istic forms on the asis of which h-man scho'ars m-st
ascertain to the est of their ai'ity the divine cate*ori6ations and then *ive precise
e/pression to them. Statements of the form MW 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 a
p'ethora of hi*h'y interpreta'e Mindicators. 3adilla4 of the divine cate*ori6ations. Iod in his
wisdom has chosen to en*a*e h-man ein*s in the toi'some tas& of ferretin* o-t the
cate*ori6ations from these indicators, of artic-'atin* what he himse'f has not precise'y
artic-'ated. In this way he has afforded them *reater opport-nity for provin* their devotion
to him and for attainin* favor with him.?
BD
So, can shariah e divine in any partic-'ar senseL First, if shariah is -nderstood as the Divine
Ji'', 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 Iod?4,
B#
yes it can and m-st e re*arded as
8eterna'?, 8imm-ta'e,? 8divine,? and 8infa''i'e.? )owever, we are not ena'ed to read the 8mind of
Iod.? Iod is Eterna', Infa''i'e, and whatever 'aws e/ist in his mind are imm-ta'e. ;-t that is not
the case with -s as h-man ein*s. Even in re*ard to the 2-r.an, 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-r.an are
not 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'evant
disc'aimer. M-fti M-hammad 1aqi Usmani, who is a'so one of the most coveted e/perts in the
fie'd of Is'amic finance, is not *enera''y an e/ception. )owever, in one of his wor&s, there is a rare
candor 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 are
sacred and there is no room for do-ts ao-t it, when these 'aws are codified, that code
of 'aw represents h-man effort, which is not infa''i'e, -t s-scepti'e to mista&e. 1he
draftin* of any 'aw is a very de'icate -nderta&in*. A'' possi'e sit-ations have to e &ept in
mind 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 and
wea&nesses in any piece of 'aw. 1he Hudud Ordinances are no e/ception. 1hey may
s-ffer from wea& draftin*. 1hey may contain some aspects that are in need of review and
improvement.
BP
1he 2-r.an is imm-ta'e in the sense that we are not to discard or e'iminate any verse of the
2-r.an.
BA
Any specific and e/p'icit in0-nction of the 2-r.an 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 a
few verses ao-t fastin*, witho-t any detai's, which we 'earn from the S-nnah, as ref'ected in
hadith. As soon as we *o into the detai's, we see that there are many diver*ent, and even
contradictory narrations, on the asis of which, -sin* i(ma, i$as, whenever re'evant, the scho'ars
have 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* and
form-'atin* the r-'es and 'aws. In this e/amp'e, that fastin* 3sawm4 is fard 3o'i*atory4 is
imm-ta'e. =o one can c'aim any 'on*er that it is not o'i*atory on a'e5odied M-s'ims. A'' other
detai's, not e/p'icit'y specified in the 2-r.an or esta'ished thro-*h mutawatir hadiths are
35
Jeiss, op.cit., p. 7B.
36
E' Fad'. The %reat Theft $San Francisco, :A% )arper, !""K(
37
M-hammad 1aqi Usmani. 81he Is'ami6ation of @aws in Pa&istan% 1he :ase of )-d-d Ordinances,?
Muslim World, To'-me C# Iss-e !, pp. !AP5B"K, Apri' !""#, p. !AC.
38
A'so, we sho-'d not re*ard any verse in the 2-r.an as aro*ated, which essentia''y renders s-ch a
verse irre'evant and -se'ess after s-ch aro*ation.
avai'a'e on on'y proai'istic asis. 1hat does not mean that we can.t -se those detai's. Indeed,
we can and m-st. )owever, to c'aim that anythin* is 8divine?, s-ch as Shariah 3act-a''y, the -sers
of that notion mean Is'amic 'aws4, whi'e most of which is h-man constr-ct, is e'evatin* the
thresho'd for acceptai'ity of it to an indefensi'e 'eve'.
1he ottom 'ine is% the sense in which shariah is common'y -sed in terms of its scope and
eq-iva'ence with 'aws coverin* the entire spectr-m of 'ife, where the detai's of the 'aws are
derived not necessari'y from divine so-rce, -t from semi5divine 3hadith4
BC
and non5divine 3i(ma
and i$as4 so-rces, is =O1 divine.
1here is one other serio-s ne*ative ramification of treatin* Shariah in its comprehensive 'e*a'istic
sense as divine. As e/p'ained 'ater in this essay ased on the wor&s of a'5Amidi, a noted scho'ar
of the c'assica' period, i(tihad, which constit-tes the asis of -'& of Is'amic 'aws in their detai's
yie'ds on'y probabilistic &now'ed*e.
K"
F-rthermore, as the wor&s of In Qha'd-n contri-ted to
the repository of &now'ed*e of the h-manity in *enera', inspired y Is'am -t ased on an
ind-ctive method, indicates that at certain 'eve', see&in* &now'ed*e and -nderstandin* can.t e
'imited to mere'y sacred te/ts and ded-ction as a methodo'o*y. Another noted Is'amic scho'ar, a'5
Shatii $d. PC" A)( app'ied ind-ctive method to deve'op etter -nderstandin* of Shariah from the
perspective of intent $maasid(.
K7
Unfort-nate'y, te/t5oriented ded-ctions from sacred te/ts
*rad-a''y 'ed to red-ctionist 'e*a'ism.
Is Shariah immutable#
Once a*ain, one m-st define Shariah to proper'y answer this q-estion. If Shariah is -sed in the
common sense as it is -sed, and as ein* promoted y vario-s Is'amic movements and certain
co-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, deen
3Is'am in the *eneric sense of s-mission to o-r :reator Iod4 is imm-ta'e, as it has een
constant thro-*ho-t h-man history. )owever, shariah is not imm-ta'e, as there have een
variations in shariah -nder different messen*ers, s-ch as Moses, Hes-s and M-hammad 3p4.
8=ow I sha'' te'' yo- what Shariah is. 1he meanin* of Shariah is mode and path. Jhen
yo- have ac&now'ed*ed Iod 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 and
that the ;oo& has een sent y )im, it wi'' mean yo- have entered -een. ... After this,
the mode in which yo- have to serve Iod and the path yo- have to traverse in order to
oey )im, is ca''ed Shariah. 1his mode and path has een indicated y Iod thro-*h )is
Messen*er who a'one teaches the method of worshippin* the Master and the way to
ecome 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 and
dea'in*s with fe''ow5ein*s and the mode of 'eadin* oneUs 'ife. ;-t the difference is this
that whi'e -een a'ways was, has een, and is sti'' one and the same, n-mero-s Shariah s
came, many were cance''ed, severa' were chan*ed -t these a'terations did not chan*e
the -een . 1he -een of =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 Prophets
varied 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 inheritance
somewhat differed from one Shariah to another. In spite of this, a'' were M-s'ims555the
39
In rea'ity, there is no s-ch thin* as semi5divine. Either it is divine or non5divine. From that
perspective, even hadith sho-'d e re*arded as a non5divine so-rce. )owever, since m-tawatir hadiths are
considered at par with the verses in the 2-r.an, some room for the 8divine? is 'eft.
40
See note X#7 e'ow.
41
Mohammad Omar Farooq. 8Is'amic Fiqh and the @ac& of Empirica' Fo-ndationS -np-'ished essay,
H-ne !""#.
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 -een is one and the same for a''. 1his shows that
-een is -naffected y differences is the r-'es of Shariah. -een remains one tho-*h
modes of fo''owin* it differ.?
K!
1he aove view is consistent with the 2-r.an.
1he same re'i*ion $deen( has )e esta'ished for yo- as that which )e en0oined on =oah 5
the 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 no
divisions therein% to those who worship other thin*s than A''ah, hard is the 3way4 to which
yo- ca'' them. A''ah chooses to )imse'f those whom )e p'eases, and *-ides to )imse'f
those who t-rn 3to )im4. $K!+ash5Sh-ra+7B(
1h-s, often when we come across assertions that Shariah is imm-ta'e or eterna', it is nothin*
-t vac-o-s, emotiona', -nscr-p-'o-s and indefensi'e statements. 1his -nderstandin* is
ref'ected in the historica' deve'opment of Shariah or 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'amUs way of 'ife4 had een
satisfactori'y and comprehensive'y de'ineated in its essentia' princip'es, and preserved in
the re*-'ations of the 'aw oo&s or 'e*a' man-a's prod-ced y the 'aw schoo's. 1his
attit-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 or
imitate 5talid4 the past, IodUs '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-dy
the esta'ished 'e*a' man-a's and write their commentaries. Is'amic 'aw, the prod-ct of
an essentia''y dynamic and creative process, now tended to ecome fi/ed and
instit-tiona'i6ed. Jhi'e individ-a' scho'ars 'i&e In 1aymiyya 3d. 7B!A4 and a'5S-y-ti 3d.
7D"D4 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 of
iitihad6 ;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 sacrosanct
nat-re of the traditionG chan*e or innovation came to e viewed as an -nwarranted
deviation 5&ida4 from esta'ished sacred norms. 1o e acc-sed of innovation5deviation
from 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 a
sacrosanct 'eve' and -nderstood and treated it as imm-ta'e, many Is'amic 0-rists a'so have
reco*ni6ed the princip'e that a vast portion of Shariah is chan*ea'e s-0ect to time and p'ace.
1his princip'e is% 8F-'in*s chan*e accordin* to time and p'ace.?
KK
Indeed, some Is'amic 0-rists and
scho'ars, even para''e' to the re*ime of talid, have a'ways contin-ed the 'e*acy of i(tihad in their
p-rs-it of &eepin* the 'aws and codes re'evant to the contemporary times. Is'amic 0-rists of o-r
contemporary 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 can.t e considered tena'e. Indeed, the dynamism of Is'amic 'aw has een the
ha''mar& of even the period of the companions of the Prophet. At the 'eve' of app'ied detai's, the
42
8@et -s e M-s'ims,? on'ine doc-ment.
43
Esposito, op. cit., p. AK.
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, 7CAP, To'. B, pp. 7K5P", q-oted in Mahdi
<ahraa. S:haracteristic Feat-res of Is'amic @aw% Perceptions and Misconceptions," .ra& Law
7uarterl$, To'-me 7D, =-mer !, !""", pp. 7#A57C#.
sunnah is not imm-tai'ity, -t 0-st the opposite. In 2ayyim shares an i''-minatin* perspective
on this important matter.
8Omar in a'5Qhatta 0-d*ed $in a case in which( a woman died and 'eft her h-sand, her
mother, two f-'' rothers and two ha'f rothers from her father, and decided to distri-te
the third of her inheritance etween a'' the f-'' as we'' as ha'f rothers. A man said to him
$i.e., to Omar( Myo- did not do the same in the year so and so.. Omar rep'ied% Mthat
$decision( was accordin* to what we had 0-d*ed then and this $decision( is accordin* to
what we are 0-d*in* today.?
KD

Is Shariah the same as Islam and is it a complete code of life#
;ased on what is a'ready presented here, Shariah is not the same as Is'am. Interestin*'y, the
comment 8Shariah is 0-st another name of Is'am,? is y Qh-rshid Ahmad, one of the protY*Ys of
Ma-'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, Shariah has not een. 1h-s, in this
statement, 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 one.s artic-'ation.
Is Shariah a 8comp'ete code of 'ifeL? Once a*ain, it is important to first determine what s-ch
statements 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 to
wear, how to worship Iod, 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 a
comp'ete code of 'ife.?
K#
81here are two ma0or reasons as to why Is'am ecomes an easy tar*et for the western
media when compared to other re'i*ions. 1he first reason is that Is'am provides a
comp'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.?
KP
8D-rin* the seventies, Is'amic Deve'opment ;an& 3ID;4 and a n-mer of Is'amic an&s at
nationa' 'eve's were esta'ished in the Is'amic wor'd. At home, the Is'amic *ro-ps were
vi*oro-s'y wor&in* for adoption of Is'am as the comp'ete code of 'ife.?
KA
8Is'am is a comp'ete code of 'ife and its imp'ications are e/panded to a'' wa'&s of 'ife. It is
a 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'ims
a'i&e.?
KC
81he distin*-ishin* factors in the M-s'im conte/t are 3a4 the freq-ent resort to re'i*ion as
se'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. 1his
re'ationship is e/emp'ified y the common and freq-ent assertion y M-s'ims that SIs'am
is a comp'ete code of 'ifeS to s-**est that a'' 'e*a' matters have a'ready een determined
45
In 2ayyim a'5Haw6iya. op. cit., To'. 7, pp. 77"5777, q-oted in Mahdi <ahraa, op. cit., p. 7AK.
46
8A :omp'ete :ode of @ife,? from M-hammad A' A'&h-'i. 81he =eed for Is'am?
47
Ani' Qhan @-ni. 8Islam in the eyes of &estern media,? "a* Tri&une, Septemer !!, !""#.
48
Md. Ad-' Awwa' Sar&er. 8Is'amic ;an&in* in ;an*'adesh% Performance, Pro'ems Z Prospects,?
International Journal of Islamic Financial Ser)ices, To'. 7 =o.B, Octoer5Decemer 7CCC, pp. 7!5!A.
49
2a6i )-ssain Ahmed. 8Is'am Z Po'itics 8G )e is the c-rrent amir 3'eader4 of Hamaat5e5Is'ami.
y re'i*ion. :'ear'y neither the asic te/t of Is'am, the 2-rUan, nor even the hadith
3practices and traditions of the Prophet4 are 'e*a' codes, tho-*h prescried in oth are
s-**ested codes of ehavior. As one of the most important discip'ines to emer*e in
Is'amic scho'arship, however, 0-rispr-dence has dominated Is'amic scho'arship to the
point that today a we'' &nown M-s'im scho'ar, Syed )ossein =asr, can assert M1he
Shariah is the Divine @aw y virt-e of acceptin* which a person ecomes a M-s'im. On'y
he who accepts the in0-nctions of Shariah as indin* -pon him is a M-s'im..?
D"

Jhat stands o-t from the aove statements ao-t Is'am ein* a 8comp'ete code of 'ife? is that
Is'am has *-idance for the entire spectr-m of 'ife and, in some cases, it is imp'ied that there is
a'ready ready 3or easi'y and q-ic&'y ded-ci'e4 so'-tions for every iss-e, sit-ation, or pro'em
h-man ein*s mi*ht enco-nter. Another imp'ication is that since Is'am is a se'f5contained, se'f5
s-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-s
ranches is s-0ect to a sin*'e standards, i.e. Is'amic 'aw does not accept the app'ication
of different sets of standards to its different ranches.?
D7
It sho-'d e pointed o-t that 'ife is an inte*rated who'e and therefore in dea'in* with the iss-es
and pro'ems of 'ife in an inte*rated fashion, the notion of 8comp'ete code of 'ife? is very
appea'in*, as peop'e can.t 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-r
own coc&tai' ideo'o*y or system.
D!
For the sa&e of consistency and a'ance, Is'am does provide
the essentia' *-idance to dea' with 'ife as an inte*rated who'e. )owever, to stretch it that Is'am is
an a'ready form-'ated man-a' for every pro'em or iss-e M-s'ims or peop'e may enco-nter is
simp'y not correct.
Another imp'ication, tho-*h often not stated, is that a'' the pro'ems and iss-es are a'ready
identified and the so'-tions are a'so specified in the te/t-a' so-rces or have een wor&ed o-t y
the 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 whatever
pro'em 3e/cept scientific, techno'o*ica', en*ineerin* type4 one can conceive of, on'y thin* one
needs to do is t-rn to the primary Is'amic te/ts 3the 2-r.an 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 so
misera'e and dep'ora'e, if oth pro'ems and so'-tions are &nown or easi'y ded-ci'e. A
f-ndamenta' pitfa'' of M-s'im tho-*ht has een te/t5orientation.
DB
If we want to -nderstand how
Iod ori*inated his creation, we are not s-pposed to t-rn to and -ry o-r head in the oo&s. It is
the command of Iod% SSay% U1rave' thro-*h the earth and see how A''ah did ori*inate creationG so
wi'' A''ah prod-ce a 'ater creationG for A''ah has power over a'' thin*sUS $!C+a'5An&aoot% !"( 1he
commandment is not 8read the sacred or the ri*ht oo&s?, -t to 8trave' ... and see?. )owever, o-r
so5ca''ed Shariah scho'ars &ept -s *'-ed to the te/ts, whi'e the wor'd of science moved on,
50
Farida Shaheed. 8:ontro''ed or A-tonomo-s% Identity and the E/perience of the =etwor& Jomen
@ivin* Under M-s'im @aws,8 H-'y 7CCK.
51
Mahdi <ahraa, op. cit., p. 7P"
52
E/amp'es of s-ch coc&tai's inc'-de% M-0iad 3M-0iism 5 the tenets of Shei&h M-0i-r Fahman, the
assassinated 'eader and prime minister of ;an*'adesh 5 nationa'ism, socia'ism, sec-'arism. and
democracy4. See /ountr$ 0e,ort! 8angladesh, p. BG @iyan dictator M-ammar 2addafi. Ireen ;oo&
representin* his ideo'o*y, which inc'-des the fo''owin* tenets% 8a-thority of the peop'e?, socia'ism and 8socia'
asis of the third -niversa' theory?. In another variation, his ideo'o*y is often descried as Is'amic socia'ism.
Indonesia.s 'ate S-&arno.s Pancasi'a% =ationa'ism, Internationa'ism 3Uone nation soverei*n amon*st eq-a'sU4,
Fepresentative democracy 3a'' si*nificant *ro-ps represented4, Socia' H-stice 3Mar/ist inf'-enced4, 1heism
3with a sec-'ar ent4.
53
Mohammad Omar Farooq. 8Is'amic Fiqh 3@aw4 and the =e*'ected Empirica' Fo-ndation,?
-np-'ished essay, H-'y !""#.
'eavin* -s way ehind. If we are to -nderstand and appreciate the power and *'ory of Iod as
ref'ected in the nat-re, we are not mere'y s-pposed to e oo& oriented. Instead, we are
commanded 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% no
fa-'t wi'' yo- see in the creation of the Most Iracio-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? $#P+a'5M-'&+B5K(
Je'', once a*ain, as we ecame more Shariah5oriented, we did not 'isten to the command of
Iod. Instead, we -ried o-r heads in oo&s. Je read more oo&s and wrote more oo&s ao-t
ear'ier oo&s. 1he res-'t is predicta'e. =ow we are 'issf-''y 3L4 'ivin* o-r 'ife s-pposed'y *-ided
y 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* Shariah in its common'y 3mis4-nderstood
sense are now facin* -nrest and 'ac& of confidence from their own peop'e. It is a f-ndamenta'
pro'em with o-r mindset.
DK
In this conte/t, the pro'em 'ies with the static -nderstandin* of Is'am, where the te/t-a' so-rces
and its e/perts+scho'ars are re*arded as a 8dictionary? of so'-tion. H-st as one 'oo&s -p words in
dictionaries, peop'e sho-'d 0-st open the ri*ht pa*e and 'oo& -p what they need, as a'' the words
one may need are a'ready there. In rea'ity, Is'am is not 'i&e a dictionaryG rather, it is 'i&e an
a'phaet. Many words are a'ready avai'a'e to e 'oo&ed -p from the dictionary. ;-t a'so there
are many words that need to e constr-cted or formed ased on the a'phaet. Jhen Is'am as a
8comp'ete code of 'ife? is -nderstood in the sense of dictionary, the res-'t wo-'d e predicta'e
that we wi'' e fossi'i6ed as we are in the past frames of history. Jhen we -nderstand 8comp'ete
code of 'ife? in the sense of a'phaet 3essentia' princip'es or -i'din* 'oc&s4, we can have a
dynamic approach and o-tcome to dea' with o-r iss-es and cha''en*es as they -nfo'd. From that
perspective, yes, the 2-r.an can e the so-rce for the essentia' *-idance for the so'-tions we
see&. As Shatii e/p'ained%
8... e/perience shows that every Ma'im who has resorted to the 2-r.an in search of the
so'-tion to a pro'em has fo-nd in the 2-r.an a princip'e that has provide him with some
*-idance on the s-0ect.?
DD
Is Shariah the same as 'a&#
As a'ready cited ear'ier, one of the most common conf-sions ao-t Shariah is that it is considered
synonymo-s with 8'aw? and in that sense, no distinction is maintained etween Shariah and fih.
H-st as one of the so-rces p-t this in an eq-ation form 3Shariah N 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 main
c'asses% ...?
D#
8At )S;:, we constant'y strive to provide financia' so'-tions that meet the req-irements
of o-r c-stomers aro-nd the wor'd. )S;: Amanah offers Is'amic an&in* so'-tions which
comine o-r financia' e/pertise with yo-r end-rin* va'-es. =ow c-stomers can
54
Mohammad Omar Farooq. 8Mind5;-i'din*% A =e*'ected Dimension of the Prophetic )erita*e,? 1he
Messa*e Internationa', H-ne !""".
55
Mohammad )ashim Qama'i. "rinci,les of Islamic Juris,rudence. B
rd
. ed. $@ondon% Is'amic 1e/ts
Society, !""B( q-otin* A- Ishaq a'5Shatii, a'5M-wafaqat fi Us-' a'5Ah&am, III, !7C.
56
8:ompanies in Is'amic 3Shariah4 @aw,? I-'f5@aw.com
e/perience the *'oa' covera*e and convenience of an&in* with )S;: witho-t
compromisin* the princip'es of the Shariah 3Is'amic 'aw4.?
DP
81he term Shariah refers to Is'amic 'aw as revea'ed in the 2-rUan and thro-*h the
e/amp'e of the Prophet M-hammad 3peace e -pon him4.?
DA
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&.?
DC
8fih! 'it. -nderstandin* or perceptivenessG the science of the divine 'aw, the s-m of man.s
&now'ed*e of the ShariMa, Is'amic 'aw or 0-rispr-dence?
#"
1his eq-ation etween Shariah and Is'amic 'aw constit-tes one of the most profo-nd conf-sions
ao-t Is'am, as some peop'e are tryin* to imp'ement Is'am on the asis of this conf-sion. If
Shariah pertains to the entire spectr-m of 'ife, then it is not a'' 'aw. For e/amp'e, matters
pertainin* to a'-tion, prayer, fastin*, etc. are not a'' matters of 'aw. 1-rnin* every aspect of
Is'amic *-idance into 'aws is simp'y inconsistent with Is'am.
8Ienera''y, when scho'ars in the fie'd of Is'amic st-dies spea& of MIs'amic 'aw,. it is
pres-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 Mthe Shari'a,. or -se the terms MIs'amic 'aw. and
Mthe Shari.a. interchan*ea'y. )owever, it is somethin* of an oversimp'ification to eq-ate
Shari'ah with 'aw. 1he Shari.a may indeed e said to contain 'aw, -t one m-st a'so
reco*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 Shariah is not 0-st 'aw are c'ear from the 2-r.an.
81h-s we p-t yo- on the 3ri*ht4 Jay of Fe'i*ion $i.e. shariatim min al#amr(% so fo''ow that
3Jay4, and fo''ow not the desires of those who &now not.? $KD+a'5Hathiya+7A(
Interestin*'y, this is the on'y p'ace in the 2-r.an where the e/act word Shariah has een -sed and
it is in a *eneric sense, m-ch roader than 'aw. Moreover, this is a verse from Meccan period,
when there were neither 'aws or codes nor o'i*atory rit-a's. Ad-''ah >-s-f A'i c'arifies in his
:ommentary%
8Shariah is est trans'ated the Mri*ht Jay of Fe'i*ion., which is wider than the mere forma'
rites and 'e*a' provisions, which most'y came in the Medina period, 'on* after this
Meccan verse had een revea'ed.?
#!
1he c'arification of Umar In Ad-' A6i6 in a 'etter to Adi in Adi is i''-minatin*, eca-se he even
distin*-ished shara.ii from faraid, hudood and sunnah. )e did not -se the e/act word Shariah, -t
ovio-s'y he did not '-mp -p a'' those aspects -nder one 'ae' of Shariah.
8Umah in Ad-' A6i6 wrote to Adi in Adi, M;e'ief inc'-des faraid 3en0oined d-ties4,
shara'ii 3'aws4, h-dood and s-nna. And whoever fo''ows a'' of them has comp'ete e'ief
and whoever does not fo''ow them comp'ete'y, his e'ief is incomp'ete.?
#B
57
FA2s ao-t Is'amic ;an&in*, )S;:5Amanah
58
@enderUs Shariah Advisors. Is'amicmorta*es.co.-&.
59
8Is'amic so'-tion to endin* third wor'd det.? Event anno-ncement introd-cin* M-fti M-hammad 1aqi
Usmani.
60
Sherman Hac&son 3Ad-' )a&im4. So-rces of Is'amic @aw.
61
;ernard Jeiss, op. cit., p. 7
62
Ad-''ah >-s-f A'i. The Hol$ 7ur'an! Te9t, Translation and /ommentar$ $=ew >or&% 1ahri&e 1arsi'e
2-r.an( Footnote% X KPD#.
63
Sahih al#8u*hari, To'. I, Qita a'5Iman, :hapter I, p. 7D 3trans. y M-hammad M-hsin Qhan4.
Imam Shatii $PC" A)( did not eq-ate Shariah with Is'amic 'aw.
8Imam Shatiy, a Ma'i&i 0-rist, in his magnum o,us, al#Muwaffaat fi :shul al#Shariah,
e'aorates ao-t the *enera' framewor& of Sharia. )e contends that within Sharia there
are variants that sho-'d e -nderstood comprehensive'y amon* others% 'aw, -'timate *oa'
of Sharia, te/t-a' 0-stification 3dalil4, and i0tihad. It means that sharia sho-'d not e
-nderstood 0-st as a 'aw. ...?
#K
Indeed, as @i'y <a&iyah M-nir, a 'eadin* Indonesian M-s'im h-man ri*hts activist and Is'amic
scho'ar, e/p'ains, the 2-r.an itse'f is not a man-a' of 'aw.
81he 2-r.an ca''s itse'f al#huda, or *-idance, not a code of 'aw. O-t of over #!"" ayat,
'ess than one tenth re'ate to 'aw and 0-rispr-dence, whi'e the remainder concerned with
matters of e'ief and mora'ity, the five pi''ars of the faith and a variety of other themes. Its
ideas of economic and socia' 0-stice, inc'-din* its 'e*a' contents, are on the who'e
s-sidiary to its re'i*io-s ca''. 1here are c'ose to BD" 'e*a' a$at in the 2-r.an, most of
which were revea'ed in response to pro'ems that were act-a''y enco-ntered. Some were
revea'ed with the aim of repea'in* o0ectiona'e c-stoms s-ch as infanticide, -s-ry,
*am'in* and -n'imited po'y*amy. Others 'aid down pena'ties with which to enforce the
reforms that the 2-r.an had introd-ced. ;-t on the who'e, the 2-r.an confirmed and
-phe'd the e/istin* c-stoms and instit-tions of Ara society and on'y introd-ced chan*es
that were deemed necessary.?
#D
Despite the fact that 'e*a' verses constit-te a rather sma'' portion of the 2-r.an, often 'e*a'ism
red-ces the 2-r.an to 'aws.
8It is not s-rprisin* that fih is often viewed as representation of the re'i*ion itse'f. 1he
ro'e of fih, therefore, chan*es -p and down in 'ine with the inc'inin* and dec'inin* ro'e of
the re'i*ion in the state. In co-ntries imposin* forma' sharia, fih has a i* a-thority in
re*-'atin* h-man 'ife as individ-a's, as part of the society, and in their re'ation with Iod.
On the contrary, in a sec-'ar co-ntry fih is interna'i6ed more as re*-'atin* h-man
re'ation with Iod.
Fih is often mi/ed -p and conf-sed with sharia. 1he 'atter is comprehensive, the Jay
ordained y Iod, emracin* a'' from mora' and ethica' va'-es, theo'o*y, spirit-a'
aspiration, to forma' rit-a' worships. ... it is c'ear that fih is act-a''y a part of sharia.?
##
Anyone who e'ieves that Iod is the Most Mercif-' and the Most Iracio-s and he has sent -s
*-idance to enefit from wo-'d 'i&e to receive ma/im-m enefit from the *-idance. )owever,
t-rnin* everythin* into a matter of 'aw -naccepta'y adds a 'eve' of -rdensome ri*idity to 'ife that
is not consistent with fitra 3innate h-man nat-re4. 1hat.s why the 2-r.an as&s the e'ievers to
foc-s on avoidin* the i* sins $*a&air(. 1hat does not mean that peop'e sho-'d ta&e other sins
'i*ht'y, -t everythin* is not a matter of 'aw.
SIf yo- 3-t4 eschew the most heino-s of the thin*s which yo- are foridden to do, Je
sha'' e/pe' o-t of yo- a'' the evi' in yo-, and admit yo- to a Iate of *reat honor.S $K+an5
=isaUa+B7(
8=arrated A- )-rairah% 1he Prophet 3p4, S@eave me as I 'eave yo-, for the peop'e who
were efore yo- were r-ined eca-se of their q-estions and their differences over their
64
@i'y <a&iyah M-nir. SIenera' Introd-ction to Is'amic @aw,S p. KG on'ine doc-ment from @aw and
Finance Instit-tiona' Partnership, Indonesia.
65
M-nir, op. cit., p. A.
66
M-nir, op. cit., p. 77.
prophets. So, if I forid yo- to do somethin*, then &eep away from it. And if I order yo- to
do somethin*, then do of it as much as you can.S $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 with
doin* 8as m-ch as yo- can?L
=arrated A- )-raira% 1he Prophet said, SFe'i*ion is very easy and whoever over-rdens
himse'f in his re'i*ion wi'' not e a'e to contin-e in that way. So yo- sho-'d not e
e/tremists, -t try to e near to perfection and receive the *ood tidin*s that yo- wi'' e
rewardedG and *ain stren*th y worshippin* in the mornin*s, the ni*hts.S $Sahih a'5
;-&hari, To'. !, XBA(
Indeed, the 2-r.an e/horts -s to ta&e 'esson from the :hi'dren of Israe', eca-se they t-rned the
Iod.s *-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-ndant
ordinances, in the words of the 2-rUan, had ecome ha'ters and shac&'es hinderin* a
hea'thy deve'opment of mora' as we'' as physica' 'ife.?
#P

Indeed, red-cin* Is'am or Shariah to mere'y fih or Is'amic 'aw has serio-s ramifications, as
oserved 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 for
forma' sharia in severa' re*ions in Indonesia, for e/amp'e, in rea'ity is no more than the
app'ication of fih. Jhen forma' sharia has een a*reed -pon, the first action ta&en is to
impose 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'ems
detrimenta' to the 'ives of the ma0ority 'i&e corr-ption, women traffic&in*, or -siness
monopo'ies are not viewed as part of sharia 0-st eca-se these iss-es are not fo-nd in
the 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 the
re'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 Prophet.s
'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*ion.s
power and scope, eca-se te/ts cannot respond direct'y to the preva'ent pro'ems faced
y 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.?
#A

One so-rce of conf-sion, -nfort-nate'y added y M-s'ims themse'ves, is reco*ni6in* the
comprehensive 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 Shariah is at o-r persona' 'eve's.
8In E-rope and in =orth America, as soon as one prono-nces the shahada, as soon as
one Mis M-s'im. and tries to remain so y practicin* the dai'y prayers, *ivin* a'ms, and
fastin*, for e/amp'e, or even simp'y y tryin* to respect M-s'im ethics, one is a'ready in
the process of app'yin* the Sharia, not in any periphera' way -t in its most essentia'
aspects.
67
Qha'ifa Ad-' )a&im. 8@aw and Is'am?.
68
M-nir, op. cit., p. 7!.
1his practice and mora' awareness are the so-rce and heart of the Sharia, which is
persona', faithf-' commitment. ;eyond that, the Jay itse'f e/erts its own inf'-ence more
comprehensive'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, norms
and detai's of app'ication of vario-s re*-'ations. 1his characteristic of Is'am is contained
within the concept of shumuli$at a' Is'am, Mthe comprehensive character of Is'amic
teachin*..?
#C
Is Shariah enforceable (in its full spectrum)#
Jhen one hears ao-t 8imp'ementation of shariah,? it is -s-a''y in the sense of 'aws that are
enforcea'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 offenses
3m-rder, ad-'tery, theft, etc.4. As e/p'ained here a'ready, the 8shariah N Is'amic @aw? eq-ation is
erroneo-s, eca-se Is'am in its comprehensiveness of *-idance covers not 0-st 'aws, -t a'so
va'-es, princip'es, rit-a's, etc. =ot a'' aspects of Is'am are enforcea'e y any wor'd'y a-thority.
Feaders mi*ht reca'' the statement of Qh-rram M-rad cited ear'ier% 8@aws are therefore an
important and inte*ra' part of the Shariah and, as we have a'ready noted, it admits of no
distinction etween its parts% Uto prayU is as va'id, enforcea'e, o'i*atory and sacred as Uto cons-'t
in co''ective affairsU or to Uprohiit interestU or Uto 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, there
wo-'d e 'aws and the primary so-rce of these 'aws wo-'d e the 2-r.an and S-nnah, -t 'ife is
more than 'e*a' precepts. In somewhat -ncharacteristic and rare fashion, M-fti M-hammad 1aqi
Usmani, 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 for
the reform of society, which *reat'y he'p in c-rin* crimes. 1his imp'ies that an Is'amic
state cannot aso've itse'f of its d-ties y 0-st enforcin* the hudud G it is a'so responsi'e
for creatin* an atmosphere that disco-ra*es the incidence of crime in the first p'ace.?
P"
Of co-rse, not a'' this 8creatin* an atmosphere? invo'ves 8enforcement. Indeed, )-dood dea's
with trans*ressions. Jhat ao-t the d-ties or o'i*ationsL One mi*ht 'i&e to as& M-rad as to what
wo-'d e the p-nishment of a M-s'im who ref-ses to prayL Je'', M-rad wasn.t 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'im
does not pray or ref-ses to pray.
8In an Is'amic state, 1aari& as5Sa'aat 3intentiona''y avoidin* prayers4 wi'' e as&ed to
e/p'ain why is he doin* itL If he persists in his hait of not prayin* then Imam Ma'i& and
ShafiUi say that he sho-'d e &i''ed. Imam A- )anifa says that he sho-'d e warned of
dire conseq-ences first, then imprisoned if he contin-es not to pray -nti' he ma&es
tau&ah or dies in the prison.?
P7
69
Famadan, op. cit., p. BB.
70
Usmani, op. cit., p. !AA.
71
Fatawa Fahimiya, T. 7, p.7KP. 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 F-'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 &aafir
3a dise'iever4 with &-fr that e0ects him o-tside the fo'd 3of Is'am4, deservin* of e/ec-tion if he did not repent
or perform sa'aat.? 1he a-thor did not provide citation for the q-otes from In )ana'.s or other imams. It is
a'so mentioned that A- )anifah, a'5Shafi.i and Ma'i& differed with In )ana' in that s-ch a person is a fasiq
3sinner4, -t not a &afir 3dise'iever4. F-rthermore, the 'atter three differed amon* themse'ves ao-t the
p-nishment. Accordin* to A'5Shafi.i and Ma'i&, s-ch a person sho-'d e &i''ed, whi'e A- )anifa he'd that he
sho-'d e advised, -t not &i''ed.
Apparent'y, the constit-tion of Ma-ritania, an Is'amic Fep-'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-*h
actions, he wi'' e as&ed to repent d-rin* a three day period. If he has not repented within
this time 'imit, he wi'' e sentenced to death as an apostate and his property wi'' e
sei6ed y the Feven-e office. Every M-s'im who ref-ses to pray wi'' e as&ed to comp'y
with the o'i*ation to pray within the prescried time 'imit. If he persists in his ref-sa', he
wi'' e p-nished y death.?
P!
)owever, is there anythin* in the 2-r.an that 0-stifies or sanctions s-ch p-nishment for even
ref-sa' to prayL Does it rea''y ma&e any sense to force someone to prayL Does Iod want prayer
and worship from s-ch peop'e -nder comp-'sionL
If it had een thy @ordUs 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 re0ects
evi' and e'ieves in A''ah has *rasped the Most 1r-stworthy $!+a'5;aqarah+!D#(
Is Iod rea''y interested in enforcin* even prayer and fastin* y t-rnin* a society into a po'ice
stateL Is that what is indicated y the precedin* two verses that disavow any comp-'sion in
re'i*ionL Indeed, in other p'aces, the 2-r.an is more cate*orica' that, 'et a'one ein* an enforcer,
the Prophet is not even a watcher.
8$O ProphetV( >o- are not one to mana*e 3menUs4 affairs.? $AA+a'5Ihashiyah+!!(
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 ye
that it is O-r Messen*erUs d-ty to proc'aim 3the messa*e4 in the c'earest manner.? $D+a'5
Maidah+C!(
81he Messen*erUs d-ty is -t to proc'aim 3the messa*e4.? $D+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'5Faad+K"(
81he worshippers of fa'se *ods say% SIf A''ah had so wi''ed, we sho-'d not have
worshipped 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 a
M-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-r.an 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-r.an or S-nnahL It is
not so. Scho'ars have drawn conc'-sion from certain 2-r.anic 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 the
va'-e and re'evance of s-ch a person.s 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 the
conc'-sion that aandonin* sa'at is &-fr, -t aandonin* 6a&at is not, and as s-ch the p-nishment in re*ard
to aandonin* sa'at or 6a&at is different. Indeed, aandonment of 6a&at sho-'d e a more serio-s offence
a*ainst society, eca-se, whi'e sa'at is a worship invo'vin* re'ationship etween a h-man ein* and Iod,
6a&at invo'ves ri*hts of other h-man ein*s in o-r wea'th.
72
8Apostasy in Is'am,? Fe'i*io-s1o'erance.or*G I haven.t een a'e to independent'y confirm the artic'e
XB"# from the :onstit-tion of Is'amic Fep-'ic of Ma-ritania, as it does not seem to e avai'a'e on'ine in its
entirety. A'so see, Strate*ic Feso-rce Iro-p.
prohiitions other than )is.S So did those who went efore them. ;-t what is the mission
of apost'es -t to preach the :'ear Messa*eL? $7#+an5=ah'+BD(
SOey A''ah, and oey the Messen*er. -t if ye t-rn away, he is on'y responsi'e for the
d-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*erUs d-ty is on'y to preach the c'ear 3Messa*e4. $!K+an5=-r+DK( 8
8If then they r-n away, Je have not sent thee as a *-ard over them. 1hy d-ty is -t to
convey 3the Messa*e4. 8 $K!+ash5Sh-ra+KA(
1here are even more verses repeatin* the same reminder to the Prophet.
PB
One can.t -t ponder
3and ponder hard4 as to why Iod has reminded so repeated'y this partic-'ar matterL And, is the
'esson of these verses -nc'ear or ami*-o-sL If the Prophet.s 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 his
fo''owers any *reater or roaderL
Does that mean that Is'am does not have anythin* to enforceL Does it mean that at the socia' or
co''ective 'eve', M-s'ims are not he'd acco-nta'e for anythin* in this wor'd or no a-thority has
any re*-'atory or s-pervisory ro'eL Indeed not. 2-ite the contrary, any norma', f-nctionin* society
wo-'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. For
e/amp'e, 6a&at is not 0-st a worship of Iod, it is a'so re'ated to a ri*ht of the poor over those on
whom 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 road
areas, especia''y pertainin* to persona' matters, inc'-din* rit-a' worship of Iod, that are not
within the scope of enforceai'ity with any pena' codes. 1hat wo-'d e contradictin* the aove5
mentioned 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'y
ref'ected in the minds of the contemporary 0-rists or ody of 0-rists. :onsider the fo''owin*
statement of Is'amic Fiqh Academy ased in Heddah, Sa-di Araia.
Feso'-tion =KA 37"+D4% :oncernin* Enforcement of Sharia F-'es%
?1he prime d-ty of the a-thority in char*e of M-s'ims affairs is to enforce ShariUa. 1he
:o-nci' UFIES the Iovernments of a'' Is'amic co-ntries to imp'ement the Is'amic
ShariUa and conform f-''y, entire'y and 'ast'y to it in a'' fie'ds of 'ife. 1he :o-nci' :A@@S
UPO= the M-s'im co-ntries, individ-a's, peop'es and states, to conform to the
req-irements of the re'i*ion of Iod and enforce ShariUa, since this re'i*ions is a e'ief as
we'' as a 'e*a' system, a code of cond-ct and a way of 'ife.?
PK
2-ite remar&a'y, these 0-rists -nderstand Shariah on'y in terms of enforcement and it is not
s-rprisin* that it has red and fostered a *enera' 'e*a'istic attit-de and -nderstandin* ao-t Is'am
amon* M-s'ims.
M-ch of the pro'ems associated with imp'ementation of shariah are re'ated to an enforcement5
menta'ity that *oes eyond the norma' or accepta'e rea'm of enforcement. Jhen a society is
t-rned into a po'ice state and the p-'ic a-thorities ecome coercive in imp'ementation of 'aws
that are not within the nat-ra''y accepta'e domain, s-ch societies cannot s-stain in the 'on* r-n.
1a'ian approach was i''-strative of the enforcement5menta'ity, and they made the 'ife of their own
peop'e misera'e. Af*han peop'e do -nderstand the American motive and interest, -t how many
Af*hanis want the ret-rn of the 1a'iansL
73
A'so, see 7#+an5=ah'+A!, !C+a'5An&a-t+7A, B#+>a5Sin+7P, #K+a'51a*ha-n+7!.
74
Is'amic Fiqh Academy. Feso'-tions and Fecommendations of the :o-nci' of the Is'amic Fiqh
Academy 7CAD5!""" $!"""(, pp. C#5CP, avai'a'e on'ine.
Does Shariah provide clear and unambiguous guidance for the entire spectrum of life#
An answer to this q-estion in affirmative wo-'d e more comfortin*, -t -nfort-nate'y, that is not
the case. One of the reasons some e'ievers are too ea*er to 8imp'ement? shariah is eca-se
they e'ieve that definitive, a-thoritative and effective so'-tions to a'' pertinent pro'ems are
a'ready avai'a'e in Is'am 'i&e a man-a' of so'-tions. 1his is a very simp'istic view, not in accord
with the rea'ity.
Jhat 2-r.an offers are wisdom, e/hortation, ref'ections ao-t the past, as we'' as do.s and don.ts
in some &ey areas. In matters of in0-nction, the 2-r.an is e/p'icit and cate*orica'. )owever, its
imp'ementation is not as easy as one mi*ht thin&, -n'ess one -ses a strai*ht0ac&et approach that
often 'eads to res-'ts contrary to the intent of Is'am
:onsider the fo''owin* e/amp'es. 1he )-dood @aws in Pa&istan, prom-'*ated -nder a mi'itary
dictator, have ca-sed many fema'e victims of rape to e imprisoned and incarcerated. Ima*ine,
tho-sands of women ein* imprisoned or prosec-ted -nder shariah 'aw, even tho-*h they were
rape victims.
PD
)ow can s-ch perversion e even possi'eL A common incidence in many M-s'im
societies is that a man, -ni'atera''y and witho-t ein* req-ired to provide any reason, divorces his
wife thro-*h instant trip'e5ta'aq, and the wife is o-t of the ho-se. 1he process of divorce as
prescried y the 2-r.an is wise, a'anced and sensitive to factors pertainin* to oth spo-ses.
)owever, shariah 3conf-sed with Is'amic 'aws4 has va'idated the -nis'amic practices in divorce. Of
co-rse, instant trip'e5ta'aqs is contrary to the 2-r.an and there is no sanction for it from the
Prophet. >et, Is'amic 'aws, or at 'east some schoo's, have va'idated it.
Jitness is req-ired in Is'am for many sit-ations in 'ife. )owever, ao-t the req-irement of a
witness in terms of q-a'ification and conte/t, there are road disa*reements. 0i&a 3-s-a''y
eq-ated with interest4 is cate*orica''y prohiited in the 2-r.an. )owever, if one considers the
hadiths ao-t the si/ commodities, one can.t e -t ama6ed at the ama6in* diver*ences in
0-ristic opinions that are often irreconci'a'e.
P#
)ave we sett'ed how to determine the e*innin* or end of FamadanL Even after fo-rteen
cent-ries, have we come to an a*reement as to how many -nits of prayer for 1arawih in
FamadanL Even a sin*'e schoo' of tho-*ht has so m-ch difference of opinions. H-st 'oo& -p
)idaya, one of the most a-thoritative te/ts of )anafi 0-rispr-dence. It is ased on primari'y the
opinions of the three e'ders of the schoo', Imam A- )anifah and his two discip'es M-hammad
and A- >-s-f. One can.t -t e s-rprised to see how m-ch difference e/isted amon* 0-st three
of these 0-rists within their own schoo'.
PP
One of the reasons why there has een a contin-in* need for i(tihad is eca-se a'' the
answers+so'-tions to a'' the q-estions+pro'ems are not a'ready identified or wor&ed o-t, 'et a'one
c'ear'y and -nami*-o-s'y. In Is'amic 0-rispr-dence 3usul al#fih4 it is reco*ni6ed that that, even
tho-*h i(tihad is an effort ased on divine *-idance and other secondary so-rces, the &now'ed*e
derived is proai'istic. I wi'' cite here wor&s from two we'' &nown so-rces% A- a'5)-sayn A'i
otherwise &nown as a'5Amidi 3d. #B7 A)4 and Mohammad n A'i A'5Shaw&ani 3d. 7!DD A)4. A'5
Amidi.s was one of the *reat scho'ars from amon* the muta*allimun and his oo& is ased on
fo-r ear'ier ma0or wor&s on -s-' a'5Fiqh% a'5MAhd, A'5M-.tamad, a'5;-rhan and a'5M-stasfa.
M-hammad in A'i a'5Shaw&ani is from a m-ch 'ater *eneration, -t his wor&, especia''y Na$l al#
.wtar, has earned *reat rep-tation amon* a'' the fo-r schoo's of 0-rispr-dence. Accordin* to a'5
Amidi and a'5Shaw&ani, i(tihad can e -nderstood as the overa'' e/ertion of a 0-rist in order to
75
Mohammad Omar Farooq. 8Fape and )-dood Ordinance% Perversions of H-stice in the =ame of
Is'am,? Is'amicity, Decemer !""#.
76
Mohammad Omar Farooq. Fia, Interest and Si/ )adiths% Do we have a Definition or a
:on-ndr-mL, -np-'ished essay, H-ne !""#. A'so see, 1he Fia5Interest Eq-iva'ence% Is 1here Any I0ma
3:onsens-s4L, -np-'ished essay, H-ne !""#.
77
See for yo-rse'f a co''ection I have p-t to*ether ased on )idaya. )ow m-ch
a*reement+disa*reement even within one schoo' of FiqhL
infer or ded-ce, with a de*ree of proai'ity, the r-'es of shariah from their detai'ed evidence
3dalil; ,l6 adillah4 in the so-rces.
PA
Unfort-nate'y, as m-ch as we wo-'d 'i&e to have everythin* c'ear, definitive and a-thoritative, the
rea'ity is not so. )owever, when we sti'' insist on a-thoritativeness and on the asis of o-r
pres-med a-thoritativeness, we want to 8imp'ement? a scheme for the peop'e, thin*s can *et
ro-*h. Is'am sho-'d e c'ear and simp'e, and in its asic in0-nctions and prescriptions Is'am is
c'ear and -nami*-o-s. )owever, one won.t *et that from shariah in the sense of comprehensive
Is'amic 'aws with hair5sp'ittin* detai's.
Since the vast corp-s of Is'amic 'aws are ased on i(tihad, ased on 0-ristic e/ertions to 8infer or
ded-ce, with a de*ree of proai'ity,? it is no wonder that there is a wide ran*e of disa*reements
at the inter5madha as we'' as intra5madha 'eve'.
PC
1h-s, readers can decide for themse'ves
whether any sweepin*, -nq-a'ified or immodest c'aim 5 in a'' its comprehensiveness, shariah
offers 8c'ear and -nami*-o-s? *-idance 5 is Is'amica''y defensi'e.
I*. 'egalism and its implications
Fe'i*ions are in *enera' v-'nera'e to 'e*a'ism and other re'i*ions a'so have had to contend with
it.
8Fe'i*ions in *enera' and :hristianity in partic-'ar have seemin*'y forever wa*ed warfare
with ideo'o*ies 35ism.s4 from witho-t, ran*in* from Inosticism to comm-nism and
eyond. More persistent threats, perhaps, come from what I ca'' Mism.s within.. One of
those is 'e*a'ism.
@e*a'ism, at one time or another, in one form or another, seems to 'i*ht every ma0or
faith. One essentia' f-nction of any re'i*ion is to provide a code of cond-ct. @e*a'ism
attempts to so've this need y specifyin*, in *reat detai', 0-st what ehaviors 3and
prohiitions4 are req-ired of the individ-a'.?
A"
Indeed, one of the essentia' aspects of :hristianity, as ref'ected in the str-**'e of Hes-s, was the
'e*a'ism to which the fo''owers of Moses fe'' victim. Hes-s directed the sharpest of his criticism
a*ainst the deh-mani6ed 'e*a'ism of the Pharisees, as 'aw m-st not e de'in&ed from its
-nder'yin* spirit.
8Joe to yo-, teachers of the 'aw and Pharisees, yo- hypocritesV >o- *ive a tenth of yo-r
spices[mint, di'' and c-min. ;-t yo- have ne*'ected the more important matters of the
'aw[0-stice, mercy and faithf-'ness. >o- sho-'d have practiced the 'atter, witho-t
ne*'ectin* the former.? $Matthew !B%!B(
Hes-s. den-nciation of the Pharisees was not directed a*ainst 'aw in *enera', -t a*ainst
'e*a'ism. Unfort-nate'y, :hristianity mod-'ated to the other e/treme y freein* itse'f virt-a''y from
a'' 'aws, even tho-*h Hes-s himse'f affirmed that he did not come to rea& the 'aws, -t to f-'fi''.
A7
Is'am a'so does not sh-n 'aw or 'e*a' matters in *enera', eca-se a society can.t thrive or even
f-nction witho-t an effective 'e*a' system. )owever, 'aws sho-'d not e considered in iso'ation,
PA
A'5Amidi. al#Ih*am fi :sul al#.h*am, To'. IT, p. 7#!G Shaw&ani, Irshad, p. !D".(
79
Most peop'e are fami'iar with the disa*reements 3i*htilaf4 at the inter5madha 'eve'. For intra5madha
'eve', for e/amp'e, see note X#" aove.
80
Fichard Qahoe. 81a&in* a @oo& at @e*a'ism,? Mainstream Messenger, To'. B, =o. !, Apri' !"""
81
8Do not thin& that I have come to ao'ish the @aw of the ProphetsG I have not come to ao'ish them
-t to f-'fi'' them.? New Testament, Matthew D%7P.
as those sho-'d e rooted in and connected to the h-man conscio-sness and conscience. 1hat.s
why Is'am does provide some 'e*a' in0-nctions and a *-idin* framewor& for meetin* the 'e*a'
needs of a hea'thy and dynamic society. ;-t at the same time, it a'so cate*orica''y reminds
peop'e that they m-st not 'ose si*ht of the -nder'yin* spirit and sense of p-rpose.
8It is not ri*hteo-sness that ye t-rn yo-r faces 1owards east or JestG -t it is
ri*hteo-sness5 to e'ieve in A''ah and the @ast Day, and the An*e's, and the ;oo&, and
the Messen*ersG to spend of yo-r s-stance, o-t of 'ove for )im, for yo-r &in, for
orphans, for the needy, for the wayfarer, for those who as&, and for the ransom of s'avesG
to e steadfast in prayer, and practice re*-'ar charityG to f-'fi'' the contracts which ye have
madeG and to e firm and patient, in pain 3or s-fferin*4 and adversity, and thro-*ho-t a''
periods of panic. S-ch are the peop'e of tr-th, the A''ah5fearin*.? $!+a'5;aqarah+7PP(
After the e/tremism of H-daic 'e*a'ism and the :hristian aandonment of 'aw, the Prophet
M-hammad ro-*ht ac& the same essentia' messa*e Iod has revea'ed from the e*innin* of
h-manity, with stron* emphasis on moderation and a'ance.
81h-s, have Je made of yo- an Ummat 0-st'y a'anced 3ummatan wasat4, that ye mi*ht
e witnesses over the nations, and the Messen*er a witness over yo-rse'vesG and Je
appointed the 2i'a to which tho- wast -sed, on'y to test those who fo''owed the
Messen*er from those who wo-'d t-rn on their hee's 3From the Faith4. Indeed it was 3A
chan*e4 momento-s, e/cept to those *-ided y A''ah. And never wo-'d A''ah Ma&e yo-r
faith of no effect. For A''ah is to a'' peop'e Most s-re'y f-'' of &indness, Most Mercif-'.?
$!+a'5;aqarah+7KB(

1hat.s what ecame the primary merit and attraction of Is'am. Is'am was and is simp'e and easy.
1hat.s what one 'earns from the 2-r.an and the Prophet.
8 ... A''ah intends every faci'ity for yo-G )e does not want to p-t to diffic-'ties.? $!+a'5
;aqarah+7AD(
8Iod desires to 'i*hten thin*s for yo-, for the h-man ein* has een created wea&.?
$CK+an5=isa+!A(.
1o &eep thin*s easy and simp'e for peop'e was one of the important concerns of the
Prophet.
8=arrated Anas in Ma'i&% 1he Prophet said, SFaci'itate thin*s to peop'e 3concernin*
re'i*io-s matters4, and do not ma&e it hard for them and *ive them *ood tidin*s and do
not ma&e them r-n away 3from Is'am4.S $Sahih a'5;-&hari, To'-me 7, ;oo& B, <#C(
M-s'ims, who were on'y two concerned ao-t doin* thin*s ri*ht, were ass-red y the Prophet to
ta&e it easy.
=arrated UAd-''ah in UAmr in A'5As% Jhi'e the Prophet was de'iverin* a sermon on the
Day of =ahr 3i.e., 7"th Dh-'5)i00a5Day of s'a-*hterin* the sacrifice4, a man *ot -p sayin*,
SI tho-*ht, O A''ahUs Apost'e, s-ch5and5s-ch a thin* was to e done efore s-ch5and5
s-ch a thin*.S Another man *ot -p, sayin*, SO A''ahUs Apost'eV As re*ards these three
3acts of )a004, tho-*ht so5and5so.S 1he Prophet said, SDo, and there is no harm,S
concernin* a'' those matters on that day. And so, on that day, whatever q-estion he was
as&ed, he said, SDo it, do it, and there is no harm therein.S $Sahih a'5;-&hari, To'-me A,
;oo& PA, X#DA(
)ere is an i''-minatin* case of imp'ementin* shariah or Is'amic @aw, in h-mane way, whenever
possi'e.
=arrated A- )-raira% A man came to the Prophet and said, SI have een r-ined for I
have had se/-a' re'ation with my wife in Famadan 3whi'e I was fastin*4S 1he Prophet said
3to him4, SMan-mit a s'ave.S 1he man said, S I cannot afford that.S 1he Prophet said,
S31hen4 fast for two s-ccessive months contin-o-s'yS. 1he man said, SI cannot do that.S
1he Prophet said, S31hen4 feed si/ty poor persons.S 1he man said, SI have nothin* 3to
feed them with4.S 1hen a i* as&et f-'' of dates was ro-*ht to the Prophet. 1he Prophet
said, SJhere is the q-estionerL Io and *ive this in charity.S 1he man said, S3Sha'' I *ive
this in charity4 to a poorer person than 'L ;y A''ah, there is no fami'y in etween these two
mo-ntains 3of Medina4 who are poorer than we.S 1he Prophet then smi'ed ti'' his premo'ar
teeth ecame visi'e, and said, S1hen 3feed4 yo-r 3fami'y with it4. $Sahih a'5;-&hari,
To'-me A, ;oo& PB, X77"(
Ima*ine, fastin* is fard 3o'i*atory4 and havin* se/ is one of the worst ways of vio'atin* the
sanctity of fastin*. )ow was the Is'amic 'aw enforced hereL Of co-rse, one sho-'d not trivia'i6e
the who'e matter y thin&in* that the Prophet treated every possi'e trans*ression in this way of
'eniency. )owever, nota'y, here the trans*ression was a*ainst Iod. It was not somethin* that
req-ired 8enforcement?. Some &affarah 3compensation4 was recommended y the Prophet. ;-t
s-ch recommendation was not o'ivio-s to the pertinent h-man considerations.
Unfort-nate'y, this &ind of S-nnah of the Prophet had to yie'd to hair5sp'ittin* 'e*a'ism comined
with enforcement menta'ity, even where enforcement mi*ht not e warranted. Over the cent-ries
since the time of the Prophet, M-s'im society deve'oped a tendency toward 'e*a'ism, where
everythin* tends to e red-ced to 'ac& and white, ri*ht and wron*, permissi'e and
impermissi'e. A'so, nothin* is considered o-tside the 'aw or enforcement. Jhi'e the emer*ence
of vario-s madha&s 3schoo's of 0-rispr-dence4, ar*-a'y, has eneficia' aspects, one important
conseq-ence of s-ch 'e*a'ism was to have the M-s'im society sp'intered into many schoo's
3madha&s4 and other offshoot *ro-ps 3firah4 that sometime even en*a*e in ta*fir 3re'i*io-s
den-nciations4 a*ainst each other.
As M-qtedar Qhan ar*-es the Is'am that is m-ch roader s-ffered a 'e*a'istic red-ctionism%
81he Is'amic inte''ect-a' tradition[which inc'-des Is'amic 'e*a' tho-*ht 3:sul al#fih and
fih4, theo'o*y 32alam4, mysticism 3Tasawwuf4 and phi'osophy 3falsafa4[is one of the
most deve'oped and profo-nd traditions of h-man &now'ed*e. In the area of po'itica'
phi'osophy, however, this inte''ect-a' herita*e remains stri&in*'y -nderdeve'oped. One of
the reasons for this 'ac-na is the Mco'onia'. tendency of Is'amic 'e*a' tho-*ht. Many
Is'amic 0-rists simp'y eq-ate Is'am with Is'amic 'aw 3Shariah4 and privi'e*e the st-dy of
the 'atter. As a res-'t we have on'y episodic e/p'oration of the idea of a po'ity in Is'am.
)-ndreds of Is'amic schoo's and -niversities now prod-ce h-ndreds of tho-sands of
Is'amic 'e*a' scho'ars -t hard'y any prod-ce po'itica' theorists or phi'osophers. Jith
some rare e/ceptions, this inte''ect-a' poverty has red-ced Is'amic tho-*ht to the stat-s
of a medieva' 'e*a' tradition.?
A!
1he 'e*a'istic tradition has now ecome entrenched, with s-ch a ti*ht *rip on the p-ritanica'
menta'ity that it has sapped virt-a''y a'' the dynamism of Is'am. >ahya Emeric&, an American
M-s'im and pro'ific a-thor, offers an i''-minatin* perspective on this profo-nd cha''en*e.
8Jhen yo- read their oo&s or ma*a6ines, yo- find everythin* they say ao-t Is'am is in
terms of correct+incorrect. 3S-ch and s-ch is not correct e'ief, etc...4 It is admira'e, of
co-rse, to e interested in the tr-th, -t in their approach there is no 'ife, no 'ove, no
spirit-a'ity. ItUs a'' ao-t 'e*a'ism s-ch as the 'e*a'ism of the Hews at the time of Prophet
UEsa. )ence, the recent'y coined condition of MSa'afee ;-rn5o-t. wherey peop'e drop o-t
of this movement after their heart has een comp'ete'y drained of a'' spirit-a'ity.?
AB
82
M-qtedar Qhan. 81he 1yranny of @e*a'ism,? 8oston 0e)iew, Apri'+May !""B.
83
>ahya Emeric&. 81he Fi*ht for the So-' of Is'am in America,?
)ow do re'i*io-s scho'ars in Sa-di Araia iss-e fatwa a*ainst ce'eratin* the irthday of the
Prophet 3mi'ad-nnai4, -t they are m-ted ao-t monarchy, which is inconsistent with Is'amL
)ow do the wea& and power'ess *et the shariah treatment for petty theft in Pa&istan, whi'e those
who are powerf-' in the society can *et away with 0-st ao-t anythin*L Jhy someone ordinary
ind-'*in* in into/icants *et prosec-ted, whi'e it is a'' too we'' &nown that the rich, famo-s and
e'ites re*-'ar'y ind-'*e in the 8finer thin*s? of 'ifeL Indeed, one the c-stodians of the )o'y P'aces
of Is'am was a'' too we'' &nown as a p'ayoy. )ow are women most often char*ed with ad-'tery
and sometimes p-nished, -t men are rare'y p-nishedL )ow does Is'amic 'aw reco*ni6e that
men have -nconditiona', -nconstrained and -ni'atera' privi'e*e to prono-nce divorce, -t women
have no reciproca' ri*ht, even tho-*h the 2-r.an does mention ao-t reciprocity in ri*hts and
d-tiesL
AK
1he answer to the aovementioned q-estions 'ies at 'east partia''y in 'e*a'ism% strict, 'itera', or
e/cessive conformity to the 'aw or to a re'i*io-s or mora' code. It can a'so e -nderstood as an
improper fi/ation on 'aws or codes of cond-ct, or 'e*a' ideas, witho-t appropriate'y a'ancin* the
mercy and *race of Iod in p-rs-it of sa'vation. In the history of Is'am, 'e*a'ism 'ed to hair5sp'ittin*
tendency in re*ard to even the min-test detai's of 'ife. For e/amp'e, in )anafi and Shafi.i schoo'
Mwa(i&. $req-ired( is not defined the same way. )anafi schoo' ma&es a technica' distinction
etween fard $o'i*atory( and Mwa(i&. $req-ired(, whi'e in Shafi.i schoo', there is no distinction
etween the two. 1h-s, for considerin* witr prayer Mwa(i&., a Shafi.i scho'ar h-r'ed the fatwa of
M*ufr. a*ainst Imam A- )anifah, eca-se the scho'ar tho-*ht that )anifah has e'evated Mwitr. to
an o'i*atory 'eve', which, of co-rse, )anifah did not.
AD
1his was an e/treme case, -t
emphasi6in* even min-test detai's and fosterin* a state of an/iety in the minds of peop'e ao-t
whether they are ein* 8perfect? in their worship and in everythin* e'se are amon* the ha''mar&s
of 'e*a'istic mindset. Is'am, of co-rse, does not teach or demand rootic perfectionG instead, it
approaches h-man ein*s as fa''i'e, imperfect creat-res.
8)ad h-man ein*s not committed any sin, )e wo-'d have rep'aced this species with
another species that wo-'d commit sin so that )e co-'d for*ive them.S $Sahih M-s'im,
X##!7(
Of co-rse, this is not a 'icense or enco-ra*ement to sin. Father, it is mere'y the positive
ac&now'ed*ement of h-man frai'ty and imperfection. @e*a'istic mindset and approach are not
consistent with the h-man nat-re.
@e*a'ism s-ffers from 'e*a'istic red-ctionism. Everythin* is viewed from a 'e*a' perspective.
@e*a'ism fosters hair5sp'ittin* tendency. @e*a'ism creates an environment, where peop'e are
constant'y an/io-s ao-t ein* improper, even tho-*h the Prophet has c'ear'y and emphatica''y
warned a*ainst it.
SFUI=ED are those who ind-'*e in hair5sp'ittin*S $Sahih M-s'imG To'. K, X#KD"(
SA person who wo-'d e thoro-*h'y scr-tini6ed 3on the Day of H-d*ment y A''ah4 is
r-ined.S $)adhrat Aisha, Sahih M-s'im, X#APK(
;-t more important'y, 'e*a'ism ma&es peop'e se'f5ri*hteo-s on one hand, whi'e 0-d*menta' ao-t
their fe''ow h-man ein*s, on the other. )owever, Iod is the -'timate H-d*e and he his very
0ea'o-s ao-t anyone attemptin* to sit at his seat of 0-d*ment.
84
8...-t, in accordance with 0-stice, the ri*hts of the wives 3with re*ard to their h-sands4 are E2UA@
to the 3h-sandsG4 ri*hts with re*ard to them, a'tho-*h men have precedence over them 3in this respect4.
And Iod is a'mi*hty wise. $!+a'5;aqarah+!!A(
85
For detai's with reference, see Mohammad Omar Farooq. 8Fe'i*io-s den-nciations and 1a&fir% IsnUt
there eno-*h to *o aro-ndL? -np-'ished essay, =ovemer !""D.
=arrated A- )-rayrah% I heard the Apost'e of A''ah 3p4 say% 1here were two men amon*
;an- IsraUi', who were strivin* for the same *oa'. One of them wo-'d commit sin and the
other wo-'d strive to do his est in the wor'd. 1he man who e/erted himse'f in worship
contin-ed to see the other in sin.
)e wo-'d say% Fefrain from it. One day he fo-nd him in sin and said to him% Fefrain from
it.
)e said% @eave me a'one with my @ord. )ave yo- een sent as a watchman over meL )e
said% I swear y A''ah, A''ah wi'' not for*ive yo-, nor wi'' he admit yo- to Paradise. 1hen
their so-'s were ta&en ac& 3y A''ah4, and they met to*ether with the @ord of the wor'ds.
)e 3A''ah4 said to this man who had striven hard in worshipG )ad yo- &now'ed*e ao-t
Me or had yo- power over that which I had in My handL )e said to the man who sinned%
Io and enter Paradise y My mercy. )e said ao-t the other% 1a&e him to )e''.
A- )-rayrah said% ;y )im in Jhose hand my so-' is, he spo&e a word y which this
wor'd and the ne/t wor'd of his were destroyed. $S-nan A- Daw-d, Qita a'5Ada,
XKAAB(
At another 'eve', 'e*a'ism shifts attention away from va'-es and princip'es that represent the
essence of Is'am. @e*a'ism a'so ref'ects preocc-pation with the 'aws and codes, often de'in&ed
from their p-rpose and spirit, which 'eads to overemphasi6in* form over s-stance or rit-a' over
the va'-es and conscio-sness -nder'yin* those rit-a's.
In the very name of the Prophet, the 'e*a'ists for*ot or i*nored that %
STeri'y A''ah does not 'oo& to yo-r appearance or wea'th, -t he 'oo&s to yo-r hearts and
yo-r deeds.S $Sahih M-s'im, To'. K, X#!!7(
Another ma0or pro'em with 'e*a'ism is that, d-e to preocc-pation with hair5sp'ittin* detai's,
everythin* ecomes important, witho-t any prioriti6ation. As h-man nat-re cannot e preocc-pied
with everythin* and at the same time, foc-s on the detai's ca-ses the attention to shift away from
the 'ar*er pict-re. In a 'e*a'istic environment, -'timate'y, everythin* does not remain important.
Instead, peop'e ecome preocc-pied with sma''er matter or petty detai's, whi'e i**er matters *et
ne*'ected. 1he -nder'yin* connection with the 'ar*er mosaic of 'ife *ets severed. 1he 2-r.an
c'ear'y ed-cates -s ao-t the hierarchy of priorities $K+an5=isaUa+B7(.
In s-ch an environment, one may oserve the preocc-pation with strai*htenin* the 'ines in
con*re*ationa' prayers, and the who'e arran*ement appears 'i&e mi'itary5type discip'ine. >et, as
soon as s-ch faithf-'s step o-tside the mosq-e, they for*et ao-t the va'-e of discip'ine and
or*ani6ation, as ref'ected in the traffic ehavior in the streets of many M-s'im5ma0ority co-ntries.
One may oserve the common faithf-'s. metic-'o-s attention to taharat 3c'ean'iness4, -t that.s
on'y in the re'i*io-s conte/t. 1he same peop'e who ta&e e/tra time to ma&e s-re that some water
reaches the noo& and cranny of every desi*nated part, inc'-din* the inside of nostri's, hard'y pay
any attention to the way *ara*e is disposed, and scattered everywhere, witho-t any re*ard to
hea'th concerns. One may oserve the attention paid to fo''owin* the Imam, where the prayer
'eader m-st e fo''owed, in every possi'e way. Even to prostrate or raisin* one.s head efore
him may ann-' one.s prayer. 1he specific position of each schoo' of co-rse varies. Anyone
imposin* himse'f as an Imam stands rep-diated from the Is'amic viewpoint. )owever, when
i**er imams 3'eaders4 impose themse'ves as dictators, monarchs, mi'itary 0-ntas, the same
peop'e and their re'i*io-s 'eaders *enera''y have no pro'em with that.
Fecent'y in India M-s'im women ro&e away from the ma'e5dominated A'' India M-s'im Persona'
@aw ;oard and set -p their own ;oard.
A#
M-s'im women are findin* that 'e*a'ism comined with
ma'e5dominance has created a f-ndamenta' insensitivity toward women.s ri*hts and concerns.
Many women, etter ed-cated, are rediscoverin* Is'am and revo'tin* a*ainst ma'e5dominated,
'e*a'ism that they now &now are not necessari'y sanctioned y Is'am.
Inf'-enced y 'e*a'ism, interest5free financia' instit-tions are croppin* -p everywhere. From the
'e*a'istic perspective, it is ein* ar*-ed that interest is haram 3prohiited4, and an important
rationa'e for s-ch prohiition is that it is -n0-st and e/p'oitative. )owever, the concern of s-ch
instit-tions ao-t e/p'oitation is mere'y rhetorica', as the new instit-tions are ecomin* too co6y
in an e/p'oitative environment ao-t which these instit-tions are m-ted.
AP
1h-s, there is
movement to meet the 'e*a' req-irements from an orthodo/ perspective, -t there is hard'y any
pro*ress in addressin* the widespread pro'em of poverty, destit-tion, and e/p'oitation in the
roader society.
1he -rden of 'e*a'ism, enshrined in the mis-nderstandin* and misinterpretation of shariah, what
M-qtedar Qhan ca''s 8the tyranny of 'e*a'ism,? has ecome overwhe'min* for the M-s'im society.
In addition to 'e*a'ism, Is'am has a'so ecome a victim of theo'o*y5orientation, where
e/c'-sionary p-rity of creeds and do*mas has roed the so-' of Is'am. Jhatever we e'ieve in
sho-'d e with sincerity and p-rity and o-r worship and practice 3ama'4 sho-'d e ased on the
2-r.an and the Prophetic e/amp'es. )owever, there is a difference etween correctness of creed
and do*ma on one hand and P-ritanism on the other. Qha'ed Ao- E' Qha'ed e/p'ains the nat-re
and impact of s-ch P-ritanism, which a'so predicta'y 'eads to 'e*a'ism%
81he theo'o*ica''y ased attit-des of these M-s'im p-ritans are f-ndamenta''y at odds not
on'y with a Jestern way of 'ife -t a'so with the very idea of an internationa' society or
the notion of -niversa' va'-es. 1hey disp'ay an into'erant e/c'-siveness and a e''i*erent
s-premacy vis5\5vis the other. Accordin* to their theo'o*ies, Is'am is the on'y way of 'ife,
and m-st e p-rs-ed re*ard'ess of its impact on the ri*hts and we''5ein* of others. 1he
strai*ht5path 3al#sirat al#mustaim4 is fi/ed, they say, y a system of divine 'aws 3shari'a4
that tr-mp any mora' considerations or ethica' va'-es that are not f-''y codified in the 'aw.
Iod is manifested thro-*h a set of determinate 'e*a' commands that specify the ri*ht
way to act in virt-a''y a'' circ-mstances. 1he so'e p-rpose of h-man 'ife on earth is to
rea'i6e the divine manifestation y d-tif-''y and faithf-''y imp'ementin* Iod.s 'aw. Mora'ity
itse'f e*ins and ends in the mechanics and technica'ities of Is'amic 'aw 3tho-*h different
schoo's of Is'amic 'aw -nderstand the content of those 'aws different'y4.
A 'ife devoted to comp'iance with this 'e*a' code is considered inherent'y s-perior to a''
others, and the fo''owers of any other way are considered either infide's 3*uffar4,
hypocrites 3munafiun4, or iniq-ito-s 3fasiun4. Anchored in the sec-rity and ass-redness
of a determina'e 'aw, it ecomes fair'y easy to differentiate etween the ri*ht'y5*-ided
and the mis*-ided. 1he ri*ht'y5*-ided oey the 'awG the mis*-ided either deny, attempt to
di'-te, or ar*-e ao-t the 'aw. =at-ra''y, the ri*ht'y5*-ided are s-perior eca-se they
have Iod on their side. 1he M-s'im p-ritans ima*ine that Iod.s perfection and
imm-tai'ity are f-''y attaina'e on earth[as if Iod.s perfection has een deposited in
the divine 'aw, and y *ivin* effect to this 'aw, we co-'d create a socia' order that mirrors
divine tr-th.?
AA
S-ch pro0ection of Iod.s divinity, as re'ated to the perfection and imm-tai'ity of his *-idance, to
the h-man 'eve' ma&es -s for*et that Iod is Divine and Perfect, -t we are not. Je m-st e
86
8M-s'im women form their own persona' 'aw oard,? -eccan Herald, Fer-ary "B, !""D.
87
Mohammad Omar Farooq. 8E/p'oitation, Profit and 1he 0i&a5Interest Fed-ctionism,? paper
presented at the Ann-a' :onference of Eastern Economic Association, Fer-ary !B5!D, !""P.
88
Qha'ed Ao- E' Fad'. "lace of Tolerance in Islam $;oston, MA% ;eacon Press, !""!(, Fad', pp. K5D.
sincere'y and di'i*ent'y committed at the persona' and the co''ective 'eve' to est rea'i6e the spirit
of Iod.s *-idance. >et, this wor'd is not to e a p'ace of perfection in re*ard to o-r connection
with Iod. Indeed, that imperfection is ref'ected in the very story of the first h-man so-' and the
first parents of h-manity of Adam and Eve. Imperfection is o-r h-man nat-re and Iod reminds -s
that he does not e/pect from -s perfection and sin'essness. Father, he is the Most For*ivin* 3a'5
Iaf-r4 and Oft5Fet-rnin* 3a'51awwa4, who desires that we wi'' try not to err or sin, -t if we fai',
we ret-rn to o-r Forearin* @ord, sincere'y ac&now'ed*e o-r fai'-re and see& for*iveness. Jhat
wo-'d Is'am ased on theo'o*y5orientation and 'e*a'ism wo-'d say if someone e/c'aims% 8O A''ahV
>o- are my servant and I am yo-r @ordV?L @et me not e'aorate that here, eca-se I have offered
my ref'ection on this in a separate essay, which the readers mi*ht find i''-minatin* and -p'iftin*.
AC
Even tho-*h Is'am.s messa*e is of 'ieration, we are hosta*e of oth e/terna' and interna'
factors. Is'am.s messa*e of moderation and a'ance has een s-verted y theo'o*ica'
do*matism, hair5sp'ittin* e/tremism and enforcement5menta'ity. 1his req-ires a f-ndamenta' shift
from 'e*a'ism to a etter a'ance with a va'-e5orientation.
*. *alue+orientation
A society.s rea' character is a ref'ection of, first and foremost, its va'-es and princip'es. A 'e*a'
system and environment a'so ref'ect the va'-es and princip'es a society -pho'ds. 1o p'ace 'aws
aove, or de'in& from, va'-es 'eads to 'e*a'ism 'i&e p-ttin* cart efore the horse. 1he Is'amic
e/perience is a testimony to this fact. 1he 2-r.anic reve'ation in the pre5Madinah period hard'y
saw any 'aw or code. Father those were e/hortation and *-idance to prepare a comm-nity with a
set of creeds, va'-es and princip'es that 'ay its fo-ndation. Detai's ao-t rit-a's, 'aws ao-t
society and economy, or commandments pertainin* to dos and don.ts came ao-t primari'y in
Madinah period, when a po'ity was a'ready esta'ished and the comm-nity was prepared for an
or*ani6ed society with its -niq-e 'e*a' framewor& and codes.
1he 2-r.an specified a few 'e*a' in0-nctions and offered a 'ot more as *-idance. 1he Prophet,
d-rin* his e/emp'ary 'ife, p-t the 2-r.anic *-idance into action. )e provided detai's as to how to
est rea'i6e the *oa's of those 'aws, in0-nctions and codes. 1he viai'ity and tr-e stren*th of that
society did not 'ie in the enforcement of 'aws and codes in every aspect of 'ife. Father, it was a
va'-e system, n-rt-red y Iod5conscio-sness, which interna''y motivated peop'e to see& and
va'-e *-idance from Iod and mo-'d their 'ives accordin*'y. After a'' the 2-r.an informs -s h-man
nat-re is f-ndamenta''y shaped y se'f5interest.
C"

8If ye do *ood, ye do *ood for yo-r own so-'s, and if ye do evi', it is for them 3in 'i&e
manner4.? $7P+a'5IsraU+P(
1he 'aw of Is'am inc'-des e/treme'y harsh p-nishment for ad-'tery. )owever, even the
p-nishment y death itse'f can.t e considered a rea' deterrence, where peop'e care 'itt'e to ta&e
or *ive 'ife. Indeed, the thresho'd of prosec-tin* any case of ad-'tery is s-ch that any s-ch
prosec-tion is virt-a''y impossi'e. =o wonder that there was no case d-rin* the Prophet.s
'ifetime, where any M-s'im acc-sed y others or y the state was convicted and p-nished
accordin* to the 'aw. )owever, there are some cases, where a remorsef-' ad-'terer so-*ht o-t
the p-nishment, eca-se Is'am teaches that anyone who repents in this wor'd and p-nished, if
warranted, wo-'d not on'y not e p-nished in the 'ife hereafter, -t a'so that their repentance
wo-'d e'evate their stat-s and honor with Iod.
C7
89
Mohammad Omar Farooq. 8O A''ahV >o- are My Servant and I am >o-r @ord,? Is'amicity, May !#,
!""B.
90
Mohammad Omar Farooq, 8Se'f5Interest, )omo Is'amic-s and Some ;ehaviora' Ass-mptions in
Is'amic Economics and Finance,? Unp-'ished essay, Septemer !""#.
As the appropriate va'-e5orientation was faci'itated y the Prophet, there were 'aws, -t no
'e*a'ism. Jhen 'aw too& the form of 'e*a'ism, the detai's of the Is'amic 'aws 3which were ded-ced
y fa''i'e h-man ein*s4 are now s-ch that poor and power'ess women in partic-'ar are
ecomin* victims of in0-stice in the name of Is'am and shariah.
C!
1he concerns of the )-dood
@aws in Pa&istan does not inc'-de 0-stice, -t oedience to and imp'ementation of 'aws that are
*ro-nded in divine reve'ation -t on'y at the essentia' 'eve'. At the 'eve' of detai's, those 'aws are
essentia''y a h-man constr-ct. Moreover, imp'ementation of s-ch 'aws at the hands of insensitive
and a''5too5fa''i'e h-man ein*s, who neither -nderstand nor appreciate even r-'e of 'aw and
that these r-'es, 'aws, codes are for h-man ein*s, not the other way aro-nd, can e a tra*ic
e/perience.
>ahya Emeric& ri*ht'y oserves%
8M-s'ims have 'ost to-ch, *enera''y, with the no'e q-a'ities of Is'am, q-a'ities s-ch as
compassion, -nderstandin*, to'erance and pro*ressiveness 3from within an Is'amic
framewor&, of co-rse4. Je have ecome 'i&e the ;ani Isra.i'% steeped in 'e*a'ism,
harshness and into'erance. In the same way that Prophet Hes-s was sent to reath new
'ife into them, we m-st 'earn to reinvi*orate o-rse'ves.?
CB
If Shariah has oth divine 3the 2-r.an4 and non5divine 3hadith, i(ma, i$as, etc.4 as its so-rce and
fo-ndation, and the non5divine content is overwhe'min*'y and disproportionate'y more, can we or
sho-'d we descrie shariah as divineL 1he view of a we'' &nown fema'e M-s'im scho'ar Fiffat
)assan.s view is as fo''owin*.
8=ot s-rprisin*'y, then, most M-s'ims cannot conceive of ein* M-s'im witho-t adherin*
to M-s'im 'aws as they &now these whi'e remainin* i*norant of how these may have een
derived or form-'ated. In the meantime, e'evatin* the shariah to the 'eve' of divinity
renders it eyond cha''en*e for the avera*e M-s'im. Fef-tin* the divinity of shariah, a
feminist theo'o*ian asserts%
;ein* a M-s'im is dependent essentia''y on'y -pon one e'ief% e'ief in A''ah, -niversa'
creator and s-stainer who sends reve'ation for the *-idance of h-manity. ;e'ievin* in
A''ah and A''ahUs reve'ation to and thro-*h the Prophet M-hammad, preserved in the
2-rUan is, however, not identica' with acceptin* the Shariah as indin* -pon onese'f...the
assertion that one is a M-s'im on'y if one accepts the ]ShariahU as indin* on onese'f,
and, f-rther, that the Shariah is divine, transcendent and eterna', can e serio-s'y
q-estioned 3and, in my opinion sho-'d e4.?
CK
So, if shariah in *enera' or in its tota'ity isn.t divine, how do we descrie and -nderstand itL )ere
are some s-**estions.
Shariah is often referred to as Is'amic 'aw, -t this is wron*, as on'y a sma'' part is irref-ta'y
ased -pon the core Is'amic te/t, the Qoran. A correct desi*nation is MM-s'im @aw. 3i.e. the 'aw
system of the M-s'ims4, or MIs'am5inspired., MIs'am5derived,. or even Mthe 'aw system of M-s'ims..
CD

91
See Sahih Muslim, Qita a'5)-d-d, XK!"D, XK!"P. 1here were some other cases, where some Hews
ro-*ht cases of ad-'tery a*ainst some fe''ow Hews, and they were stoned to death in accordance with the
Hewish 'aws. See Sahih a'5;-&hari, To'-me !, ;oo& !B, XK7B.
92
Mohammad Omar Farooq. 8Fape and )-dood Ordinance% Perversions of H-stice in the =ame of
Is'am,? Is'amiciy, Decemer !""#.
93
>ahya Emeric&. 8Some Advice for the M-s'ims in the Jest.?
CK
Farida 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, q-otin* Fiffat )assan.
95
Encyc'opedia of the Orient. http%++i5cias.com+e.o+sharia.htm
So, what are some of the essentia' va'-es that M-s'ims m-st -pho'd and inte*rate into their
tho-*ht process, c-'t-re and 'e*a' framewor&L 1he fo''owin* is not an e/ha-stive 'ist. Father, it is
mere'y for an i''-strative p-rpose.
,-. Fundamental human dignity (each human as a person. not an ob/ect)
Each h-man ein* is a person, not an o0ect. S'avery ecomes possi'e on'y when h-man
ein*s are re*arded as o0ects that can e owned and traded.
C#
1he same &ind of tho-*ht ma&es
'e*a'istic views to treat or re*ard mahr 3dowry4 as a 8price? in a trade.
CP
Iod has sanctified each
one of -s at the h-man 'eve', and M-s'ims sho-'d e at the forefront in -pho'din* the
f-ndamenta' h-man di*nity.
?O man&indV reverence yo-r I-ardian5@ord, who created yo- from a sin*'e person,
created, of 'i&e nat-re, )is mate, and from them twain scattered 3'i&e seeds4 co-nt'ess
men and womenG5 reverence A''ah, thro-*h whom ye demand yo-r m-t-a' 3ri*hts4, and
3reverence4 the woms 31hat ore yo-4% for A''ah ever watches over yo-.? $K+an5=isa+7(
A person as&ed, O Prophet of Iod 3p4, whose Is'am is e/ce''ent or the est 3afdal4L )e
rep'ied% SFrom whose ton*-e and hands the people 3an#nas% irrespective of M-s'ims or
non5M-s'ims4 are safe.S =Musnad#i#.hmad, <>?>@; narrated &$ .&dullah i&n .mrA
,0. 1ustice
Is'am.s emphasis on 0-stice 3fairness4 is -neq-ivoca'. It sets a standard that is m-ch hi*her
compared to any other ideo'o*y or re'i*ion, as it as&s its adherents to stand forth for 0-stice even
if that means ein* a*ainst onese'f.
?O ye who e'ieveV stand o-t firm'y for 0-stice, as witnesses to A''ah, even as a*ainst
yo-rse'ves, or yo-r parents, or yo-r &in, and whether it e 3a*ainst4 rich or poor% for A''ah
can est protect oth. Fo''ow not the '-sts 3of yo-r hearts4, 'est ye swerve, and if ye
distort 30-stice4 or dec'ine to do 0-stice, veri'y A''ah is we'' acq-ainted with a'' that ye do.
$K+an5=isa+7BD(
E/cept in matters pertainin* to rit-a' worship, in any matter affectin* the 'ife, honor and property
of peop'e, a 'aw or code m-st e/p'ain how it is 0-st and how 0-stice is served thro-*h that code. A
code simp'y can.t say that the widow of a missin* h-sand m-st wait at 'east fo-r, ten or an
indefinite n-mer of years. It m-st a'so e/p'ain how s-ch a 'aw or req-irement is 0-st, especia''y
considerin* the interest of the wife.
A'so, *enera''y, we m-st not consider 0-stice as re'ative, as some re'i*io-s scho'ars have
erroneo-s'y ar*-ed.
CA
,2. 3quality (and non+discrimination)
Jhether in terms M-s'ims and non5M-s'ims or ma'e or fema'e, the va'-e5oriented norm of Is'am
is eq-a'ity. In this wor'd, as h-man ein*s we are a'' eq-a', especia''y in terms of o-r ri*hts
pertainin* to 'ife, honor and property. Jhatever *ood or virt-e M-s'ims m-st have in this wor'd is
96
Mohammad Omar Farooq. 8F-ndamenta' )-man Di*nity and 1he Mathematics of S'avery,?
Unp-'ished essay, H-ne !""#.
97
Mohammad Omar Farooq. 82iyas 3Ana'o*ica' Feasonin*4 and Some Pro'ematic Iss-es in Is'amic
'aw,? -np-'ished essay, H-ne !""#G see the section on 8Marria*e, :ontract and Sa'e.?
98
Mohammad Omar Farooq. E/p'oitation, Profit and 1he Fia5Interest Fed-ctionism, -np-'ished
essay, H-ne !""#.
to e rewarded y A''ah in the 'ife hereafter. At the h-man 'eve', we m-st re*ard each other as
eq-a'.
In two areas, the iss-e of eq-a'ity is partic-'ar'y important% *ender and M-s'im+non5M-s'im
re'ationship. For e/amp'e, in case of divorce, the 2-r.an teaches%
8...-t, in accordance with 0-stice, the ri*hts of the wives 3with re*ard to their h-sands4
are eq-a' 3mithl4 to the 3h-sandsG4 ri*hts with re*ard to them, a'tho-*h men have a
de*ree 3of advanta*e4 over them 3in this respect4. And Iod is a'mi*hty wise.? $!+a'5
;aqarah+!!A(
1he aove verse states that the ri*hts of men and women in this conte/t are eq-a' or reciproca'.
1hat.s the Is'amic norm. )owever, the so5ca''ed shariah, as e/emp'ified in Is'amic 'aws, has ta&en
ineq-a'ity as the norm, and *rad-a''y, the matter of men.s precedence in this respect has
comp'ete'y s-pp'anted the norm. Instead, in re*ard to divorce, Is'amic 'aw has accorded, not a
de*ree, -t virt-a''y -nconditiona', -nrestrained, and e/c'-sive advanta*e to men.
From the 2-r.anic perspective, *ender re'ationship is essentia''y ased on m-t-a' *-ardianship
3wila$at4.
S1he e'ievers, men and women, are AJ@I>A 3protectors, *-ardians, patrons4, one of
anotherG they en0oin what is MaUroof and forid what is M-n&arG they oserve re*-'ar
prayers, practise re*-'ar charity, and oey Iod and )is Apost'e. On them wi'' Iod po-r
)is mercy, for Iod is E/a'ted in power, Jise.S $C+a'51a-a+P7(
CC
In re*ard to 'ife, re*ard'ess of their re'i*io-s ac&*ro-nd, it sho-'d e treated in a h-manity5
oriented manner.
SOn that acco-nt% Je ordained for the :hi'dren of Israe' that if any one s'ew a person 5
-n'ess it e for m-rder or for spreadin* mischief in the 'and, it wo-'d e as if he s'ew the
who'e peop'eG and if any one saved a 'ife, it wo-'d e as if he saved the 'ife of the who'e
peop'e. 1hen a'tho-*h there came to them O-r Apost'es with c'ear si*ns, yet, even after
that, many of them contin-ed to commit e/cesses in the 'and.S $D+a'5Maidah+B!(
If the aove verse has any meanin* and re'evance in the conte/t of 0-stice, then, in re*ard to 'ife,
there sho-'d e no discrimination. In case of m-rder, the p-nishment of a M-s'im m-rderin* a
non5M-s'im cannot e 'ess than the p-nishment of a non5M-s'im m-rderin* a M-s'im.
,4. Freedom
1his is one of the pivota' aspects of va'-e5orientation. 1he edifice of Is'am is ased on free
choice, not coercion. If Is'am is to ecome re'evant once a*ain, we have to reco*ni6e the
fo-ndation of free choice as we emrace Is'am. :oercion may *ain c-rsory comp'iance, -t can
never win the hearts of peop'e who wi'' disavow s-ch c-rsory comp'iance at the very first
opport-nity. Jhen the Prophet M-hammad and his nascent comm-nity were -nder persec-tion,
A''ah emphatica''y reminded the Prophet to cherish that freedom. =o one has any ri*ht to ta&e
away s-ch f-ndamenta' ri*ht to choice and freedom $s-0ect to other parameters of any hea'thy
and f-nctiona' society(.
SI do ca'' to witness this :ityG
And tho- are a FFEE PEFSO= 3)i''-n4 of this :ityG5
And 3the mystic ties of4 parent and chi'dG5
Teri'y Je have created man into toi' and str-**'e. $C"%a'5;a'ad+75K(
99
Mohammad Omar Farooq. 8A :yer5disc-ssion on Iender Eq-a'ityS.
a. A'' aspects of Is'am are essentia''y app'ica'e to the ad-'ts who are free to choose. 1h-s, o-r
effort to c-'t-ra'i6e Is'am, that is, e/pectin* o-r chi'dren and yo-n*er *eneration to automaticall$
e M-s'ims, is prepostero-s and inconsistent with Is'am.
7""
If I e'ieve in Is'am, I wi'' try to
practice and fo''ow it the est I can. I wi'' try to e an e/amp'e for others and especia''y for my
own chi'drenG I wi'' he'p my chi'dren -nderstand Is'am as they *row -p, and I wi'' he'p them
-nderstand why ma&in* choices are important, and the conseq-ences of o-r choices. ;-t it
wo-'d not e appropriate for them to either do*matica''y or 'ind'y accept faith. 1hey m-st affirm
their own identity. 1hat is why the first pi''ar of Is'am is Shahadat 3p-'ic affirmation or
dec'aration4, which we have rendered irre'evant and, as a conseq-ence, Is'am as a way of 'ife is
no 'on*er dynamic for -s.
Jhen the chi'dren *row -p and ma&e choice not to o-r 'i&in* we m-st respect it, try to improve
o-r *-idance of them, and have faith in them. ;-t every ad-'t person of either *ender m-st ma&e
his+her own choice. If s-ch a choice is made free'y and spontaneo-s'y, then the tr-e messa*e of
Is'am wi'' e manifest and Is'am may once a*ain revo'-tioni6e the wor'd. A'so, instead of showin*
anta*onism and re0ection if one of o-r chi'dren ma&es a wron* choice, we need to show them
*reater 'ove and empathy. 1hat mi*ht e the on'y pathway for them to ma&e amendsG anta*onism
and re0ection, on the other hand, wo-'d sea' the door to s-ch pathway for *ood. 1hese iss-es
pertains to the 'e*a' domain in the sense that from a 'e*a'istic and 0-d*menta' perspective the
iss-e of someone ein* orn in a M-s'im fami'y and 'ater *ivin* -p Is'am is dea't with y the
traditiona' Is'amic 'aws -nder apostasy, which carries hadd p-nishment.
S-ch approach and position is most -nfort-nate especia''y in the conte/t of the reviva'ist
movements for re5esta'ishin* Qhi'afah 3ca'iphate4. M-s'ims *enera''y revere the period of the
Qh-'afa5i5Fashidoon 3the Fi*ht'y I-ided Qha'ifas4 and re*ard that period as e/emp'ary.
F-rthermore, they a'so view that that ear'iest period esta'ishes the essence of 2hilafah as the
Is'amic po'itica' system. )owever, the -nderstandin* of the do*matic proponents of reviva' of
Qhi'afah in o-r contemporary time mi*ht e a'so an ostac'e in pers-adin* the roader M-s'im
comm-nity in favor of Qhi'afah. One e/amp'e is )i6 at51ahrir 3)14 that has ta&en -p re5
esta'ishment of Qhi'afah as its core mission. In a draft constit-tion 3dustoor4, proposed y its
fo-nder+'eader 1aqi-ddin a'5=aahani and adopted y )1 states in Artic'e Pc%
81hose who are *-i'ty of apostasy 3murtad4 from Is'am are to e e/ec-ted accordin* to
the r-'e of apostasy, provided they have themse'ves reno-nced Is'am.?
7"7
1he aove position in itse'f is -nwarranted from Is'amic viewpoint. )owever, even more
-ntena'y, the draft constit-tion *oes even f-rther 3in the same Artic'e4.
If they are orn as non5M-s'ims, i.e., if they are the sons of apostates, then they are
treated as non5M-s'ims accordin* to their stat-s as ein* either po'ytheists 3mushri*s4 or
Peop'e of the ;oo&.?
7"!
)owever, as we have a'ready e/p'ained aove that s-ch sho-'d not e the case, and most
contemporary Is'amic thin&ers rep-diate s-ch vio'ation of freedom of faith as -nis'amic and re0ect
the traditiona' position. 1hey -nderstand the iss-e of apostasy 3irtidad4 as pertainin* to treason
100
Even a Prophet.s chi'dren or fami'y memer do not a-tomatica''y e or remain a M-s'im. It is the
their own choice as ad-'ts. 1hat.s the teachin* of Is'am. See the story of the Prophet =-h and his son and
wife. $77+)-d+K!5KPG ##+a'51ahrim+7"( and wife of the Prophet @-t. $77+)-d+A7G 7D+a'5)i0r+DC5#"(
101
1aqi-ddin a'5=aahani. 81he System of Is'am,? )i6-t 1ahrir, p. 77#, avai'a'e on'ine.
102
1hat peop'e are orn as M-s'ims or non5M-s'ims is an even more f-ndamenta' mis-nderstandin*.
One can say that a person is orn in a M-s'im or non5M-s'im fami'y, -t not as a M-s'im or non5M-s'im.
see Mohammad Omar Farooq, 8;ein* orn as a M-s'im% Is there s-ch as thin*L? $comments posted at an
internet for-m(.
a*ainst Is'amic state, not reno-ncement of one.s faith. In &eepin* with Is'amic princip'es and
va'-es, this area of freedom of faith is not a matter of 'aw or enforcement.
7"B

b. Another topic where the iss-e of freedom and coercion has specia' re'evance is the case of
women in *enera' and marria*e in partic-'ar.
Jomen m-st e re*arded and treated as f-'' and independent h-mans. 1hey wo-'d stand efore
A''ah and e acco-nta'e as f-'' h-mans. 1his a'so req-ires a etter -nderstandin* of *ender
re'ationship in Is'am. Jomen, as ad-'ts, are not to e dependent on men. A 'ife of marria*e is not
a 'ife of servit-de. It is a re'ationship of m-t-a' *-ardianship 3awli$a of each otherG C+a'51a-a+P74
Is'amic dependence sho-'d e m-t-a'. Some western mode's s-**est a p-sh for s-ch
independence that women donUt need men, and vice versa. 1his is an e/tremism for which the
western societies are a'ready e*innin* to pay hi*h prices, as ro&en fami'ies are ta&in* heavy
to''s on chi'dren, ca-sin* them to s-ffer from a'ienation and depression as we'' as increasin*
vio'ence and other socia' i''s. In contrast, the prevai'in* mode of M-s'im societies is that women
are not treated or a''owed to deve'op as f-'' h-man ein*s. M-s'im men 5 and these days the
Is'amic scho'arship is an e/c'-sive domain of men 5 have ecome the so'e ariter of the 'ives of
M-s'im women. 1r-e Is'am necessitates that women achieve the q-a'ification of 0-rispr-dents,
esta'ish themse'ves as scho'ars and po'icy5ma&ers, and have their d-e share as part of Shura
3cons-'tation4 to shape Is'amic tho-*ht and *-idance pertainin* to a'' aspects of 'ife.
7"K

1o address a specific topic, amon* many M-s'ims it has ecome c-stomary to force a specific
ride or *room on their chi'dren. 1he rides are -s-a''y more v-'nera'e to fami'y impositions and
coercions. 1his is -nIs'amic. >es, Is'am prefers fami'y invo'vement, partic-'ar'y of parents, in a
marria*e decision, -t that is a matter of cons-'tation. 1he est marria*es are those that come
ao-t with m-t-a' cons-'tation and a*reement of the ride+*room and their respective parents 3or
*-ardian4. )owever, there is an Is'amic 'imit. 1he fina' decision re*ardin* any marria*e decisive'y
rests with the ride and *room. Any coercion in this re*ard is -nIs'amic and inva'id. If parents
-nderstand their domain of ri*hts and d-ties, and so do the chi'dren, then m-ch of the re'ated
pro'ems and tensions can e avoided. It is imperative, therefore, to ed-cate oth parents and
chi'dren of their respective ri*hts and d-ties. Adeq-ate'y c'arified pertinent 'aws need to
comp'ement s-ch ed-cation. 1raditiona' Is'amic 'aws p'ace an overemphasis on the ri*hts of the
103
Mohammad Omar Farooq, 8Apostasy, Freedom and Da.wah% F-'' Disc'os-re in a ;-siness5'i&e
Manner,8 Unp-'ished, !""#(
104
A f-ndamenta' Is'amic princip'e is that those whose 'ives are affected y a decision sho-'d e ased
on an appropriate 'eve' of inp-t and representation of the affected parties. Even in case of Irahim in his
devotion to Iod.s commandment to sacrifice what was the dearest to him 3his first son4, Irahim as&s his
son for his inp-t. 8)e $Irahim( said% MO my sonV I see in vision that I offer yo- in sacrifice. =ow see what is
yo-r viewL ...? $BP+a'5Saffat+7"!( Even as a prophet, M-hammad invo'ved the comm-nity in decidin* ao-t
the strate*y d-rin* the ;att'e of Uh-d. 1he conseq-ence of the decision m-st not e he'd a*ainst s-ch
req-ired process of cons-'tation and representation. M-s'im women were a'so participants in the A''e*iance
of Fidwan to the Prophet. It is mind o**'in* to even to'erate the asence of M-s'im women in a'' those
0-ristic and shariah re'ated matters that affect them. Of co-rse, they sho-'d e part of the 0-ristic disco-rse at
a'' 'eve's, inc'-din* the very hi*hest 'eve' of i0tihad. M-s'ims sho-'d find this asence of women a serio-s
vio'ation of the 2-r.anic view ao-t women ein* men.s m-t-a' aw'iya 3*-ardian4. Any s-ch 0-ristic positions
3opinions, fatwa, r-'in*s4 sho-'d e re*arded as deficient y defa-'t. Another word, any 0-ristic views or
positions pertainin* to women from the men5e/c'-sive 0-rist c'- sho-'d y defa-'t e considered deficient,
-n'ess proven otherwise and incontroverti'y. As far as the *enera' 0-ristic disco-rse, we sti'' m-st
ac&now'ed*e that one ha'f of the m-t-a' aw'iya are asent, which m-st have some effect in creatin* some
ima'ance and deficiency. Irad-a''y, s-ch deficiency m-st e remedied, not as o-r *enerosity to the
women, -t for o-r own enefit and who'eness of the society. H-st the *eneration of the companions of the
Prophet we revere wo-'dn.t have een as s-ch witho-t )adrat Aishah, Umm Sa'amah and other as
participants in the f-'' spectr-m, inc'-din* as mentors, *-ides, teachers and 0-rists, the same is tr-e for a''
time. For a a'anced comm-nity, men and women m-st p'ay their ro'e as m-t-a' aw'iya, inc'-din* in the fie'd
of &now'ed*e, scho'arship and 0-rispr-dence. And, of co-rse, that wo-'d e in etter &eepin* with the
*-idance of Is'am. For more, see Mohammad Omar Farooq. 8Jomen Scho'ars of Is'am% 1hey M-st ;'oom
A*ain,? Month'y Messa*e Internationa' $A-*-st5Septemer !""B(.
parents to invo've in s-ch decisions, which often has ca-sed a *reat dea' of friction, tension and
worse at the fami'y 'eve'. More important'y, in many cases, yo-n*er *enerations often have fe't
a'ienated from Is'am, even tho-*h it is not Is'am, -t the traditiona' Is'amic 'aws that -s-a''y
ca-ses s-ch a'ienation.
c. Proa'y the i**est and roadest areas re'ated to choice and coercion invo've the ro'e of the
state. In 'i*ht of the e/perience with Is'amic 'aw and their wron*f-' app'ication, many M-s'ims as
we'' as non5M-s'ims now have tremendo-s reservation ao-t Is'amic 'aws, or mi/in* po'itica'
power with re'i*io-s a-thorities. 1he pertinent iss-es need to e e/amined and ta&en into
consideration with empathy and sensitivity. Many M-s'ims and non5M-s'ims who are afraid of a
Sre'i*io-sS or theocratic state may have *ood reasons to fearG not necessari'y that they haror an
i'' or pre0-diced attit-de toward Is'am 3admitted'y, some may or act-a''y have i'' or pre0-diced
attit-de4. Jitho-t proper'y addressin* those iss-es, it wo-'d e impossi'e to pers-ade them in
favor of Is'am 3efore an Is'amic society is esta'ished4 and maintain the ond etween Is'am and
peop'e at a dynamic 'eve' 3after s-ch a society is esta'ished4.
1he e/perience of those co-ntries tryin* to imp'ement shariah, as disc-ssed ear'ier in this essay,
is p'ayin* a very important ro'e in shapin* the attit-de of a 'ot of peop'e toward Is'am. As a'ready
disc-ssed aove, Is'am is =O1 a po'ice state and, as s-ch, =O1 to e p-shed down anyoneUs
throat% that stands patent'y a*ainst Is'am. In some cases, partic-'ar'y in the conte/t of 1a'iani
Af*hanistan, even enemies of Is'am co-'d not do any etter in a'ienatin* M-s'ims from Is'am, 'et
a'one non5M-s'ims.
Is'am envisions a-thority or *overnment that is constit-tiona', participatory and acco-nta'e to
peop'e. Under norma' and mat-re condition, an Is'amic *overnment wo-'d -se the 'east power,
a-thority and coercion. An Is'amic a-thority does have e/ec-tive power, -t m-st -se it
0-dicio-s'y and -nder the r-'e of 'aw and constit-tiona' restraints. Is'am has a'ready 'imited s-ch
a-thority in a a'anced manner. Unfort-nate'y, there does not seem to e adeq-ate appreciation
of this amon* M-s'ims, 'et a'one non5M-s'ims. 1he *overnment in an Is'amic society does not pry
into peop'eUs 'ives% no Sre'i*io-s po'iceS in Is'amV It does not fi'' -p 0ai's with those who do not pray
or fast, does not eat a 'ady who does not wear a scarf or some strands of whose hair are
e/posed. If the *overnment ma&es peop'e do these eca-se of the power and a-thority of
*overnment, then how m-ch is the pers-asive va'-e and attraction of Is'amL )ow is it then that
the S1r-th stands o-t c'ear from ErrorSL $!+a'5;aqarah+!D#( Sooner or 'ater, s-ch coercive actions
wo-'d e -ndone cha''en*ed y those who are coerced.
>es, in a nascent society ased on Is'am, 'i&e in any society in its formative sta*e, some
a-thoritative power to shape the va'-es and norms of the society is indispensa'e. For e/amp'e,
in a dr-*5infested society, there mi*ht e sterner action or e/ercise of power a*ainst the dr-*5
traders. ;-t s-ch power cannot e a-sive, for e/amp'e, to s-ppress the po'itica' oppositionG
otherwise, it wo-'d simp'y e co-nter5prod-ctive.
d. Peop'e sho-'d e a''owed to choose their faith. If someone wants to choose another faith,
Is'am sho-'d not *et in the way. It is a *ross mis-nderstandin* and distortion of Is'am that a
person *ivin* -p the faith in Is'am needs to e p-nished.
?If it had een thy @ordUs 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(
A'so, there needs to e fresh artic-'ation of the ri*hts of non5M-s'ims in an Is'amic society. ;oth
at the time of the Prophet M-hammad 3s4 as we'' as after him, there were many non5M-s'ims who
desired to mi*rate and 'ive in that society. Je have to -nderstand why. An Is'amic society is a
p'-ra'istic society. 1raditiona' viewpoints on iss-es s-ch as Hi6ya, po'itica' participation and ri*ht
to ho'd office, need to e re5e/amined.
S... if we va'-e freedom, it canUt e 0-st for -s. Je have to va'-e freedom for
others too, even tho-*h sometime we may find certain ideo'o*y, re'i*ion or
phi'osophy -tter'y disa*reea'e. At the very first si*n of someone critici6in* or
vi'ifyin* Is'am, we canUt demand s-ch personUs head or try to drive him or her o-t
of o-r nei*horhood or of this p'anet.
As M-s'ims need to reco*ni6e the importance of freedom, and str-**'e for it at a''
'eve's, they a'so need to reco*ni6e the cha''en*e of conceivin* a mode' of a
society where not mere'y the freedom of M-s'ims ecomes an e/c'-sive concern,
-t a'so the freedom of others.S
7"D

1he ottom 'ine is that Is'am is ased on the paradi*m of choice and freedom, not coercion or
a-tocracy. 1hose who coercive'y p-sh for their version act inconsistent with this f-ndamenta'
va'-e of Is'am and are contradicted y this &ey verse in the 2-rUan. F-rthermore, M-s'ims have a
ma0or cha''en*e
7"#
to reshape their society that meets this va'-e of freedom and choice
appropriate'y a'ancin* with the overa'' standard and norms of Is'am.
7"P
,5. niversal moral values (maruf)
8>o- are the est of peop'es, evo'ved for man&ind 3an5nas4, en0oinin* what is ma'ruf,
foriddin* what is mun*ar, and e'ievin* in A''ah. If on'y the Peop'e of the ;oo& had faith,
it were est for them% amon* them are some who have faith, -t most of them are
perverted trans*ressors.? $B+a'e Imran+77"(
1he 2-r.anic ca'' toward ma'ruf and away from mun*ar re'ates to mora' va'-es in an -niversa'
sense. ;oth ma3ruf and mun*ar have a road ran*e of meanin* and a c'ear -nderstandin* of
these two concepts is critica' to a M-s'imUs 'ife.
Ma3ruf means we'' &nownG -niversa''y acceptedG *enera''y reco*ni6edG that which is *ood,
eneficia', ri*ht. Mun*ar means wron*G aomina'eG disa*reea'eG denied, not reco*ni6ed,
re0ectedG evi'G atrocity.
Is'amic shariah represents the ma3ruf and mun*ar, eca-se it incorporates what is -niversa''y
reco*ni6ed as *ood and ri*ht and re0ects what is -niversa''y reco*ni6ed as evi' and wron*. For
e/amp'e, no society considers stea'in* or 'yin* to e *ood and ri*ht, even tho-*h peop'e may
practice those acts. Every society considers honesty to e a virt-e, even tho-*h some peop'e are
dishonest. :a''in* man&ind to ma3ruf and away from mun*ar th-s represents the -niversa' nat-re
of Is'am.
M-s'im Ummah does not e/ist for its own sa&e. It has a definite mission, a divine'y ordained
service to render to h-man&ind. As Ad-''ah >-s-f A'i, a we'' &nown commentator on the 2-r.an
e/p'ains%
S1he 'o*ica' conc'-sion to the evo'-tion of re'i*io-s history is a non5sectarian, non5racia',
non5doctrina', -niversa' re'i*ion which Is'am c'aims to e. For Is'am is 0-st s-mission to
the wi'' of Iod.
1his imp'ies 374 faith, 3!4 doin* ri*ht, ein* an e/amp'e to others to do ri*ht, and havin*
the power to see that ri*ht prevai's, 3B4 eschewin* wron*, ein* an e/amp'e to others to
105
P'ease read Mohammad Omar Farooq. Is'am and Freedom, a H-m-ah Qh-ta.
106
Mohammad Omar Farooq. F-ndamenta' :ha''en*es facin* the M-s'ims $-np-'ished essay, !"""(
107
Mohammad Omar Farooq. 8Freedom and :hoice% 1he First5Order :ondition of Is'am,? Is'amic
)ori6ons, H-'y5A-*-st !""#.
eschew wron*, and havin* the power to see that wron* and in0-stice are defeated. Is'am
3the a-thor proa'y meant M-s'im Ummah4 therefore 'ives, not for itse'f, -t for
man&ind.S
7"A
Unfort-nate'y, this sense of -niversa'ity has een 'ost in the way Is'am, -nder the inf'-ence of
p-ritanica' f-ndamenta'ism, is now portrayed and conveyed to the h-manity. As Qha'ed Ao- E'
Fad' ref'ects%
81he p-ritans constr-ct their e/c'-sionary and into'erant theo'o*y y readin* 2-r.anic
verses in iso'ation, as if the meanin* of the verses were transparent[as if mora' ideas
and historica' conte/t were irre'evant to their interpretation. In fact, however, it is
impossi'e to ana'y6e these and other verses e/cept in 'i*ht of the overa'' mora' thr-st of
the 2-r.anic messa*e. 1he 2-r.an itse'f refers to *enera' mora' imperative s-ch as
mercy, 0-stice, &indness, or *ood ness. 1he 2-r.an does not c'ear'y define any of these
cate*ories , -t pres-mes a certain amo-nt of mora' proity on part of the reader. For
instance, the 2-r.an persistent'y commands M-s'ims en0oin the *ood. 1he word -sed for
Mthe *ood. is ma'ruf , which means that which is common'y &nown to e *ood. Ioodness,
in the 2-r.anic disco-rse, is part of what one may ca'' a 'ived rea'ity[it is the prod-ct of
h-man e/perience, and constr-cted normative -nderstandin*s.?
7"C
1his &ind of e/c'-sionary menta'ity not on'y stands in the way of witnessin* Is'am as the essentia'
tr-th in its -niversa' dimension, -t a'so it a'ienates the rest of wor'd with a ne*ative
-nderstandin* ao-t and attit-de toward Is'am and M-s'ims. 1he emphasis of ma'ruf does not
mean that there are no specia' or distinctive aspects of Is'am in an app'ied sense. )owever, the
foc-s of M-s'ims sho-'d have een appropriate'y a'anced with the -niversa'istic dimension,
which wo-'d have ena'ed the h-manity to appreciate the fact that Is'am is not a new re'i*ion, -t
it is the same essentia' tr-th and messa*e as ro-*ht ao-t y a'' the prophets, inc'-din*
Araham, Moses, and Hes-s 3peace e -pon them a''4.
,6. 7umanity+orientation and 8lobal 9elonging
>o- are the est of peop'es, evolved for man!ind (an+nas). en0oinin* what is ri*ht,
foriddin* what is wron*, and e'ievin* in A''ah. If on'y the Peop'e of the ;oo& had faith, it
were est for them% amon* them are some who have faith, -t most of them are
perverted trans*ressors. $B+a'e Imran+77"(
: man!ind (al+;as)< reverence yo-r I-ardian5@ord, who created yo- from a sin*'e
person, created, of 'i&e nat-re, )is mate, and from them twain scattered 3'i&e seeds4
co-nt'ess men and womenG5 reverence A''ah, thro-*h whom ye demand yo-r m-t-a'
3ri*hts4, and 3reverence4 the woms 31hat ore yo-4% for A''ah ever watches over yo-.
$K+a'5=isa+7(
At one 'eve' we e'on* to a fami'y. At another 'eve' we e'on* to a nation or co-ntry. At another
'eve' we e'on* to the M-s'im Ummah. At yet another 'eve' we e'on* to the h-manity. =one of
these senses of e'on*in* necessari'y needs to conf'ict with each other. O-r fami'y and nation are
often not o-r choicesG we are orn into it. Je e'on* to o-r fami'y and the circ'e of re'atives
thro-*h io'o*ica' and other onds. ;e'on*in* to a nation is ecomin* more f'-id with *reater
moi'ity of peop'e thro-*ho-t the wor'd. >et, witho-t any conf'ict, we can often maintain o-r
attachment to the part of the wor'd we are from, whi'e maintain o-r 'oya'ty to the p'ace of o-r
choice of permanent residence.
As M-s'ims, we a'so deve'op and fee' a specia' ond with o-r *'oa' M-s'im comm-nity, the
108
Ad-''ah >-s-f A'i, The Hol$ 7ur3an! Te9t, Translation, and /ommentar$G e/p'anatory note XKBK.
109
Qha'ed Ao- E' Fad'. op. cit., pp. 7K57D.
M-s'im Ummah. As o-r Is'amic identity sho-'d e y o-r choice, not y 'inea*e, this sense and
'eve' of e'on*in* is of centra' importance. )owever, even this 'eve' of e'on*in* sho-'d not
conf'ict with o-r spirit of e'on*in* to the h-manity. It is thro-*h this spirit of e'on*in* that we
rea'i6e the meanin* of 8evo'ved fro man&ind.?
1he achievements of h-manity and the 0oy h-manity are not iso'ated from -s, we have a share in
it. Je m-st re0oice on'y in *ood thin*s that happen to or with M-s'ims. Je m-st not s-cc-m to
the sense of estran*ement that y defa-'t we view the rest of the wor'd as 8the other.? Je m-st
not a'so fee' pain and a*ony at the s-fferin* of M-s'ims. Je m-st e in t-ne with the pain and
s-fferin* of the h-manity.
O-r concern and activism m-st not e 'imited to those sit-ations where M-s'ims are victims. Je
m-st a'so empathi6e with the rest of the h-manity. As Qa6i =a6r-' Is'am, the Fee' Poet and the
voice and eacon of *'oa' e'on*in*,
77"
wrote%
8... 1o e a'e to fee' the pain of others is the rea' fee'in* of no'e pain. One canUt find any
se'fish motive or *oa' ehind the fee'in* of pain of those who s-ffer so. 1his is so,
eca-se, itUs that a*ony the e/perience of which 'ets one identify himse'f with it, renderin*
him in t-ne with the tr-e nat-re of so-'. 1here is a deep sense of 0oy at fee'in* the
sadness of othersG itUs 'i&e a ea-tif-', 'on* stretch of fo-ntain on the ed of o-r 'ivin*
heart.
It is the same a*ony the divine messen*ers have e/perienced in the deepest of their
heart in t-ne with the h-manity. Jords canUt e/press this sorrow. ItUs the same p-rs-it that
renders divinity -pon h-mans. It is in the -tmost sincerity of this sorrow 'ies the tranq-i'
peace of sacrifice. One finds the to-chstone of 0oy and happiness in this orchard of
perennia' a*ony. . . .
Jhen, thro-*h o-r own a*ony and s-fferin*, we can emrace the pain and a*ony of the
wor'd as o-rs, on'y then o-r so-' soar to noi'ity 5 its frontiers are e/tended. Je, then,
come to &now the tr-th, to e/perience the ea-ty% and thatUs why then we tr-'y fee' the 0oy
in sacrificeG we can then cry for others and offer even o-r 'ives for the sa&e of a'' those
who are in sadness, pain, a*ony, and s-fferin*.?
777
O-r 'aws m-st not -nnecessari'y foster m-t-a' estran*ement. Instead, im-ed with the spirit of
*'oa' e'on*in*, we m-st see& common *ro-nd for *ood common ca-ses. M-s'ims sho-'d e at
the forefront of fosterin* the spirit of *'oa'5e'on*in*. Of co-rse, there are icons from a''
ac&*ro-nd that can e inspirin* icons.
77!
,=. >ee!ing common ground for good common causes
SSay% UO peop'e of the ;oo&V come to common terms as etween -s and yo-% that we
worship none -t IodG that we associate no partners with )imG that we erect not, from
amon* o-rse'ves, 'ords and patrons other than Iod.U If then they t-rn ac&, say% U;ear
witness that we 3at 'east4 are M-s'ims 3owin* to IodUs Ji''4.US $B+A'e Imran+#K(
110
Mohammad Omar Farooq. 81he Spirit of I'oa' ;e'on*in*% Perspectives from Some )-manity5
Oriented Icons,? -np-'ished essay, Septemer !""#.
111
1hese are e/cerpts from a prose of =a6r-' SHion ;i**anS 31he Science of @ife% the noi'ity of pain
and s-fferin*4 in Na1rul 0ochona&oli, 7CC# ed., ;an*'a Academy, To'. K, pp. P5A.
112
Mohammad Omar Farooq. 81he Spirit of I'oa'5;e'on*in*% Perspectives from some )-manity5
oriented Icons,? $-np-'ished essay, Septemer !""#(
It is a common h-man tendency to emphasi6e and e/a**erate differences more than
commonness. M-s'ims are no e/ception. Is'am invites peop'e to the pristine tr-th. It de'ivers the
*ood news and warns ao-t the ad news. )owever, whenever appropriate and possi'e, it a'so
see&s to identify and -i'd on common *ro-nds. 1his is what made the Is'amic society of Madinah
-nder the 'eadership of Prophet 3p4 possi'e. Is'am presents the choice to peop'e ao-t the tr-th
and fa'sehood, ri*ht and wron*, virt-e and vice. @et peop'e ma&e their choice. )owever, Is'am
does teach its adherents to see& common *ro-nds for the etterment of h-man society,
partic-'ar'y ased on en0oinin* the Ma3roof and foriddin* the M-n&ar.
77B

S...he'p 3cooperate4 one another in matters of 8irr and 1aqwaG and do not he'p
3cooperate4 in Ithm 3sin4 and trans*ression....S $D+a'5Maida+!(
77K
,?. @e/ection of violence as normal
In Is'am peace and non5a**ression are the norms. Is'am doesn.t proscrie vio'ence in the way
:hristianity 3of idea'ism, not of rea'ity4 wo-'d s-**est. )owever, it is any vio'ence is on'y in one.s
defense, witho-t initiatin* it, witho-t any e/cesses, and s-0ect to some strict *-ide'ines as part of
the r-'e of 'aw. Otherwise, M-s'ims are never to en*a*e in vio'ence, especia''y in a vi*i'ante
manner.
?@et there e no hosti'ity e/cept to those who practice oppression.? $!+a'5;aqara+7CB(
1o those a*ainst whom war is made, permission is *iven 3to fi*ht4, eca-se they are
wron*edG5 and veri'y, A''ah is most powerf-' for their aidG ...
31hey are4 those who have een e/pe''ed from their homes in defiance of ri*ht,5 3for no
ca-se4 e/cept that they say, So-r @ord is A''ahS. Did not A''ah chec& one set of peop'e y
means of another, there wo-'d s-re'y have een p-''ed down monasteries, ch-rches,
syna*o*-es, and mosq-es, in which the name of A''ah is commemorated in a-ndant
meas-re. A''ah wi'' certain'y aid those who aid his 3ca-se4G5 for veri'y A''ah is f-'' of
Stren*th, E/a'ted in Mi*ht, 3a'e to enforce )is Ji''4. $!!+a'5)a00+BC5K"(
?Fi*ht in the Jay of Iod a*ainst those who fi*ht yo-, -t do not *o eyond the 'imits.
Iod does not 'ove those who *o eyond the 'imits. $!+a'5;aqara+7C"(
?;-t if the enemy inc'ines towards peace, yo- 3a'so4 inc'ine towards peace, and tr-st in
A''ah.? $A+a'5anfa'% #7(.
It is interestin* that M-s'ims did not any permission to even reciprocate any vio'ence, when they
were oppressed, downtrodden and persec-ted. 1hat sti'' is the Is'amic norm. @ater, permission
were *ranted to reciprocate in se'f5defense, -t witho-t initiatin* any a**ression or e/cess.
,A. ;on+1udgmental
As A''ah.s 0-d*ment wi'' e in p'ace in the 'ife hereafter, it is important that 0-d*ments sho-'d e
deferred to A''ah a'one and we sho-'d not e 0-d*menta' in re*ard to o-r fe''ow h-man ein*s.
113
Mohammad Omar Farooq. S1he IO@DE= Standard% ItUs not -ncommon,S comments p-'ished in a
for-m.
114
D-e to some n-merin* iss-e with S-rah a'5Mai.da, in some te/ts, this verse mi*ht e XB, instead of
X!.
?1hat is eca-se when A''ah a'one was ca''ed -pon, yo- dise'ieved, and when
associates were *iven to )im, yo- e'ievedG so 0-d*ment e'on*s to A''ah, the )i*h, the
Ireat.? $K"+a'5Ihafir+7!(
1his is important in the conte/t of o-r do*ma and attit-de that we a'ready &now in this wor'd as to
who 3as a *ro-p4 are not *oin* to heaven. It is correct that we e'ieve in Is'am eca-se we
emrace it as the tr-th. >et, 0-d*ment is for A''ah a'one and there are verses that are indicative
that A''ah.s H-d*ment mi*ht not e e/c'-sive.
1hose who e'ieve 3in the 2-rUan4, and those who fo''ow the Hewish 3script-res4, and the
:hristians and the Saians,5 any who e'ieve in A''ah and the @ast Day, and wor&
ri*hteo-sness, sha'' have their reward with their @ordG on them shall be no fear. nor
shall they grieve. $!+a'5;aqara+#!(
77D
Jhat does it mean that 8on them sha'' e no fear, nor sha'' they *rieve?L If there were any
additiona' conditions for sa'vation R the most important thin* R why wo-'d those conditions e
specified in the 2-r.an and ri*ht in this verseL Did A''ah chan*e his mind 'aterL Jhy wo-'d it e
'eft ami*-o-sL Jhy s-ch matter wo-'d e 'eft to hadithL >et, these are theo'o*ica' iss-es, and
we sho-'d not e too do*matic ao-t s-ch matters one way or another. Je do e'ieve that Is'am
is tr-th and we e'ieve in the Prophet M-hammad as the 'ast messen*er. )owever, we sho-'d not
e 0-d*menta' ao-t this matter. S-ch 0-d*menta'ism -nd-'y a'ienates others, and it ma&es -s
either arro*ant or se'f5*ratified, thin&in* that heaven for -s e/c'-sive'y.
As Qha'ed Ao- E' Fad' e/p'ains%
8A'tho-*h the 2-r.an c'ear'y c'aims that Is'am is the divine tr-th, and demands e'ief in
M-hammad as the fina' messen*er in a 'on* 'ine of Arahamic prophets, it does not
comp'ete'y e/c'-de the possii'ity that there mi*ht e other paths to sa'vation. 1he 2-r.an
insists on Iod.s -nfettered discretion to accept in )is mercy whomever )e wishes. In a
rather remar&a'e set of passa*es that, a*ain, have not een adeq-ate'y theori6ed y
M-s'im theo'o*ians, the 2-r.an reco*ni6es the 'e*itimate m-'tip'icity of re'i*io-s
convictions and 'aws.?
77#

,-B. @ule of la&
1he essences of r-'e of 'aw are severa'% 1he essences of r-'e of 'aw are severa'% 3a4 Eq-a'ity of
everyone efore the 'aw and no one is aove the 'aw, where 'aws are ased on o0ective,
accessi'e r-'esG 34 H-diciary is independentG 3c4 Enforcement of 'aw is civi' and non5partisanG
and 3d4 :onf'ict reso'-tion occ-rs thro-*h the 'e*a' system and+or the po'itica' system witho-t
vio'ence of the citi6ens.
Even the Prophet was not aove the 'aw. Shariah is perverted at its root or core, when some
peop'e are aove the 'aw, 'i&e a dictator, a monarch+&in*, or a mi'itary 0-nta. Shariah.s
imp'ementation cannot e considered Is'amic, e/cept -nder r-'e of 'aw in accordance with Is'am.
?Say% I wo-'d, if I disoeyed my @ord, indeed have fear of the pena'ty of a Mi*hty Day.?
$#+a'5An.am+7D(
?O ye who e'ieveV stand o-t firm'y for A''ah, as witnesses to fair dea'in*, and 'et not the
hatred of others to yo- ma&e yo- swerve to wron* and depart from 0-stice. ;e 0-st% that is
ne/t to piety% and fear A''ah. For A''ah is we''5acq-ainted with a'' that ye do.? $D+a'5
115
A'so, see D+a'5Maidah+#C, !!+a'5)a00+7P.
116
E' Fad', op.cit., p. 7P.
Maida+A(
UAUisha reported that the 2-raish had een an/io-s ao-t the Ma&h6-mi woman who had
committed theft, and said% Jho wi'' spea& to A''ahUs Messen*er 3p-h4 ao-t herL 1hey
said% Jho dare it, -t Usama, the 'oved one of A''ahUs Messen*er 3p-h4L So Usama
spo&e to him. 1here-pon A''ahUs Messen*er 3p-h4 said% Do yo- intercede re*ardin* one
of the p-nishments prescried y A''ahL )e then stood -p and addressed 3peop'e4
sayin*% O peop'e, those who have *one efore yo- were destroyed, eca-se if any one
of hi*h ran& committed theft amon*st them, they spared himG and it anyone of 'ow ran&
committed theft, they inf'icted the prescried p-nishment -pon him. ;y A''ah, if Fatima,
da-*hter of M-hammad, were to stea', I wo-'d have her hand c-t off. $Sahih M-s'im,
XK7AP(
In any system, even if one individ-a' or office is aove the r-'e of 'aw, it is essentia''y -nis'amic
and i''e*itimate. 1h-s, any a-tocracy, dictatorship or monarchy ased on aso'-te a-thority of
one individ-a', a fami'y or a *ro-p, is -nis'amic and -naccepta'e.
,--. @epresentation and participation
S... that which is with Iod is etter and more 'astin* for ... those who hear&en to their
Fa, and esta'ish re*-'ar prayer, who 3cond-ct4 their affairs y MU1UA@
:O=SU@1A1IO=, who spend o-t of what Je estow -pon them for s-stenance.S $K!+a'5
Sh-ra+BA(
:ons-'tation or shura is a vita' process and instit-tion in Is'am. 1he re'ationships in Is'am at
different 'eve's are ased on cons-'tation, not coercion or imposition. 1h-s, the concept of
*overnance, administration and 'eadership is participatory 5 meanin* that those who are affected
y the decision are to e d-'y cons-'ted. Is'amic form of *overnance is participatory and
acco-nta'e.
77P
Ienera''y spea&in*, anyone whose 'ife is affected y a decision, e/cept in case of insanity or
chi'dhood, the inp-t of the affected person3s4 sho-'d e so-*ht. 1his process of see&in* inp-t
sho-'d e instit-tiona''y or*ani6ed, wherever appropriate, re'evant and feasi'e.
,-0. 3mphasis on substance over form
8It is not ri*hteo-sness that ye t-rn yo-r faces 1owards east or JestG -t it is
ri*hteo-sness5 to e'ieve in A''ah and the @ast Day, and the An*e's, and the ;oo&, and
the Messen*ersG to spend of yo-r s-stance, o-t of 'ove for )im, for yo-r &in, for
orphans, for the needy, for the wayfarer, for those who as&, and for the ransom of s'avesG
to e steadfast in prayer, and practice re*-'ar charityG to f-'fi'' the contracts which ye have
madeG and to e firm and patient, in pain 3or s-fferin*4 and adversity, and thro-*ho-t a''
periods of panic. S-ch are the peop'e of tr-th, the A''ah5fearin*.? $!+a'5;aqarah+7PP(
1he Prophet said% STeri'y A''ah does not 'oo& to yo-r appearance or wea'th, -t he 'oo&s
to yo-r hearts and yo-r deeds.S $Sahih M-s'im, To'. K, X#!!7(
1his is one of the most f-ndamenta' pro'ems facin* M-s'ims today, eca-se s-stance in terms
of -nder'yin* spirit or va'-e is de'in&ed from the forms and rit-a's. 1h-s, memori6ation of some
chapters or the entire 2-r.an is hi*h'y emphasi6ed, -t not st-dyin* and -nderst-dyin* the
2-r.an.
117
Mohammad Omar Farooq. 8Is'am and Democracy% Perceptions and Misperceptions,? Messa*e
Internationa', May !""!G and the se*ment on *overnance in F-ndamenta' :ha''en*es Facin* the M-s'ims
3-np-'ished4.
1he devotion of common M-s'ims with rit-a' worships, as ased on the five pi''ars of Is'am 3p-'ic
dec'aration of faith, prayer, fastin*, a'ms*ivin*, and pi'*rima*e4.
77A
Each of these five pi''ars are
profo-nd'y re'ated to specific va'-es Is'am wants to inc-'cate amon* its adherents. 1h-s, in
re*ard to salat 3prayer4, which M-s'ims are s-pposed to perform five times a day and prefera'y
in con*re*ation, whenever possi'e, the 2-r.an mentions%
8Fecite what is sent of the ;oo& y inspiration to thee, and esta'ish re*-'ar Prayer% for
Prayer restrains from shamef-' and -n0-st deeds $fahisha wa mun*ar(G ...? $!C+a'5
An&a-t+KD(
2-ite re*retta'y, oth shamef-' as we'' as -n0-st deeds ao-nd in M-s'im societies. 1ort-rin*
and persec-tin* rides+wives for dowry, throwin* acids to *ir's who do not want either to accept a
marria*e proposa' or concede to e/tramarita' se/, honor &i''in*s, etc are partic-'ar'y preva'ent in
So-th Asia, the 'ar*est concentration of M-s'ims in the wor'd, and reminders of the disconnect
etween the rit-a's and the spirit. In many s-ch co-ntries, the women are worst &ind of victims
witho-t any 'e*a' protection. Indeed, the )-dood Ordinance in Pa&istan that was prom-'*ated
-nder a dictatoria'+mi'itary 3th-s, -nis'amic4 r-'e of Ienera' <ia-' )-q ended -p ca-sin* many
victims of rape to e prosec-ted and incarcerated for crimes of 8ad-'tery?.
77C
Ironica''y, it is the
re'i*io-s esta'ishment, with a ho'd on the mas0id5o-nd M-s'im comm-nity, that provided and
contin-es to provide s-pport to this )-dood Ordinance and oppose its repea' or reform.
Fastin* 3si$am4 is another important pi''ar of Is'am. A'' a'e5odied M-s'ims, with certain
e/ceptions, fastin* d-rin* the month of Famadan is o'i*atory. In any M-s'im5ma0ority co-ntry or
even in M-s'im comm-nities e'sewhere, one can oserve the specia' affinity M-s'ims have for
this month desi*nated for fastin*.
O ye who e'ieveV Fastin* is prescried to yo- as it was prescried to those efore yo-,
that ye may 3'earn4 tawa 3Iod5conscio-sness4? $!+a'5;aqara+7AB(
1he concept of tawa 3Iod5conscio-s4 is pivota' to Is'am and the 'ife of M-s'ims, eca-se it is
re*arded as the prereq-isite for enefitin* from the divine *-idance in the 2-r.an.
1his is the ;oo&G in it is *-idance s-re, witho-t do-t, to those who are muttaun 3havin*
tawa4. $!+a'5;aqarah+!(
1his Iod5conscio-s is not mere'y to -i'd a c'oser re'ationship with Iod, -t a'so to e conscio-s
of one.s attachment to the h-manity. Fastin* he'ps those who have food on their ta'es on a
re*-'ar asis -nderstand and appreciate h-n*er, and the s-fferin* invo'ved in case of poverty,
destit-tion or deprivation. As the e/perience of fastin* is e/pected to enhance an individ-a'.s
mora' se'f5restraint, it a'so sho-'d att-ne them to the s-fferin* of fe''ow h-man ein*s. )owever,
whi'e one oserves a *reat dea' of *enerosity d-rin* this period to feed the h-n*ry, one a'so
oserves at the same time a 'ac& of sensitivity toward systematica''y address the pro'em of
poverty and deprivation that ro a h-man ein* of his or her f-ndamenta' h-man di*nity and
p-shes to &noc& at the doors of others in e**in* for pittance.
Is'am emphasi6es c'ean'iness 3taharah4 and the a'-tion efore prayer is *enera''y o'i*atory.
Even a common or i''iterate M-s'im &nows that taharah is ha'f of one.s faith, accordin* to Is'am.
A- Ma'i& at5AshUari reported% 1he Messen*er of A''ah said% 8:'ean'iness is ha'f of
faith ...? $Sahih M-s'im, XKB!(
118
It is narrated on the a-thority of UAd-''ah son of UUmar that the Messen*er of A''ah4 said% 831he
s-perstr-ct-re of4 a'5Is'am is raised on five 3pi''ars4, testifyin* 3the fact4 that there is no *od -t A''ah, that
M-hammad is )is servant and messen*er, and the esta'ishment of prayer, payment of <a&at, Pi'*rima*e to
the )o-se 3QaUa4 and the fast of Famadan.? $Sahih M-s'im, X!"(
119
Mohammad Omar Farooq, 8Fape and )-dood Ordinance% Perversions of H-stice in the =ame of
Is'am,? Is'amicity, Decemer D, !""#.
One *enera''y oserves metic-'o-sness of practicin* M-s'ims in attainin* rit-a' c'ean'iness. Many
M-s'ims in tryin* to p-rify after -rination -se faric pieces or even pe'es. Some even p-'ic'y
wa'& ac& and forth to *et rid of the 'ast drop of -rine, so that their c'othes -sed for prayer are not
defi'ed y any -rine drops. )owever, there is a i* disconnect in this re*ard etween c'ean'iness
and sanitation. 1he very same peop'e who are so devoted to c'ean'iness seems to e impervio-s
to the pro'em those wet faric pieces or pe'es may ca-se the draina*e system to c'o* and
ca-sin* p-'ic hea'th ha6ard.
Another area where form overwhe'ms is in Is'amic finance and an&in*, where *ross
mis-nderstandin* and misinterpretation have 'ead to consider interest as prohiited 3ased on
the prohiition of ri&a4 and th-s come -p with prod-cts that are 'ae'ed as interest5free, -t these
prod-cts are essentia''y interest5free on'y in name or form. As Dr. Mahmo-d E' Iama', :hair of
Is'amic Economics, Finance and Mana*ement at Fice University, oserves%
8;y attemptin* to rep'icate the s-stance of contemporary financia' practice -sin*
premodern contract forms, Is'amic finance has ar*-a'y fai'ed to serve the o0ectives of
Is'amic @aw 3maasid al#Shari'ai4% Jherever the s-stance of contemporary financia'
practice is in accordance with Is'amic @aw, adherence to premodern contract forms 3with
or witho-t modification4 'eads most often to avoida'e efficiency 'osses, th-s vio'atin* one
of the main 'e*a' o0ectives that defined c'assica' Is'amic 0-rispr-dence. :onverse'y, y
foc-sin* on Is'amicity of contract forms rather than s-stance 3in part to 0-stify efficiency
'osses4, Is'amic finance has often fai'ed to serve the economic p-rpose for which certain
premodern contract str-ct-res were codified in c'assica' 0-rispr-dence. ...
MIs'amic. in MIs'amic finance. sho-'d re'ate to the socia' and economic ends of financia'
transactions, rather than the contract mechanics thro-*h which ends are achieved.?
7!"
Indeed, the intent ehind the prohiition of ri&a is primari'y re'ated to 1ulm 3in0-stice, e/p'oitation4.
O ye who e'ieveV Fear A''ah, and *ive -p what remains of yo-r demand for ri&a, if ye are
indeed e'ievers.

If ye do it not, 1a&e notice of war from A''ah and )is Messen*er% ;-t if ye t-rn ac&, ye
sha'' have yo-r capita' s-ms% Dea' not -n0-st'y, and ye sha'' not e dea't with -n0-st'y.
$!+a'5;aqarah+!PA5!PC(
Is'am.s prohiition of ri&a is cate*orica'. 1herefore, it is on'y e/pected that M-s'ims wo-'d ta&e it
serio-s'y. )owever, when the spirit of the prohiition, in0-stice+e/p'oitation, is de'in&ed from the
'e*a' r-'in*s, one finds that 1ulm 3in0-stice+e/p'oitation4 not 0-st ta&es a ac& seat, -t a'so it is
paid on'y 'ip service. 1h-s, the e/istin* Is'amic an&in* and finance movement has achieved
remar&a'e s-ccess, -t as a 8prohiition5driven? ind-stry, it is now de'in&ed from the roader
*oa's of deve'opment and poverty a''eviation.
7!7
,-2. 3mbracing life+eCperience as part of our collective learning curve
:ontrary to the orthodo/ -nderstandin* and approach, Is'am does not as& -s to e e/c'-sive'y
te/t5oriented. In -nderstandin* this wor'd, in many ways, it wants -s to enefit from the
e/perience of 'ife. It commands -s to trave' to see and 'earn ao-t the history. It as&s -s to
oserve, thin& and ref'ect, not 0-st -ryin* o-r heads in the sacred oo&s, -t a'so to -ti'i6e o-r
120
Mahmo-d E' Iama', Islamic Finance! Law, Bconomics and "ractice $:amrid*e University Press,
!""#(, p. /ii.
121
Mohammad Omar Farooq, 3Cploitation. $rofit and Dhe @iba+Interest @eductionism,?
Unp-'ished paper, !""#.
eyes and ears.
?Many were the Jays of @ife that have passed away efore yo-% trave' thro-*h the earth,
and see what was the end of those who re0ected 1r-th.? $B+a'e Imran+7BP(
Is'am is not for 0-st comp'iant, mimic&in* minds. Father it is for oservin*, inq-irin* and thin&in*
minds.
?Is it not a *-idance for them 3to oserve4 how many *enerations Je destroyed efore
them, amid whose dwe''in* p'aces they do wa'&L @oV therein veri'y are portentsV Ji'' they
not then heedL? $B!+a'5Sa0dah+!#(
S;eho'dV Araham said% UMy FaV Show me, how yo- *ive 'ife to the dead.U )e said% UDo
yo- not then e'ieveLU )e said% U>esV -t to satisfy my own -nderstandin*.U )e said% U1a&e
fo-r irds, tame the to t-rn to yo-G p-t a portion of them on every hi'', and ca'' to themG
they wi'' come to yo- 3f'yin*4 with speed. 1hen &now that Iod is E/a'ted in Power, Jise.US
$!+a'5;aqara+!#"(
?Do they not ref'ect in their own mindsL =ot -t for 0-st ends and for a term appointed,
did A''ah create the heavens and the earth, and a'' etween them% yet are there tr-'y
many amon* men who deny the meetin* with their @ord 3at the Fes-rrection4V? $B"+ar5
F-m+A(
?Do they not trave' thro-*h the 'and, so that their hearts 3and minds4 may th-s 'earn
wisdom and their ears may th-s 'earn to hearL 1r-'y it is not their eyes that are 'ind, -t
their hearts which are in their reasts.? $!!+a'5)a00+K#(
It is not an e/ha-stive 'ist. 1he aovementioned va'-es or princip'es are ased direct'y on the
2-r.an. 1hese va'-es and princip'es sho-'d e important parameters in derivin* or esta'ishin*
'aws in 'i*ht of non52-r.anic so-rces. Jhen the non52-r.anic so-rces, inc'-din* hadith, conf'ict
with these c'ear princip'es of the 2-r.an 3and as the mode', the 'ife of the Prophet can.t e
contradictory to the 2-r.an4, these princip'es m-st e *iven precedence. F-rthermore, 'aws and
codes, as needed, m-st not e approached in an atomistic manner. Since these princip'es are
2-r.anic princip'es, o-r 'aws and codes m-st not vio'ate or compromise s-ch princip'es, witho-t
compe''in* evidence to the contrary.
*I. Conclusion
Every society, to e f-nctiona', needs 'aws. )owever, 'aws m-st e ased on certain essentia'
va'-es as artic-'ated aove and derived direct'y from the 2-r.an,
7!!
and havin* 'aws and a 'e*a'
framewor& m-st not 'ead to deh-mani6ed 'e*a'ism. Since shariah is erroneo-s'y eq-ated with
'aws, it is important to -nderstand and ac&now'ed*e that, e/cept in the 'imited aspects of the
2-r.an5specified in0-nctions and hudood 3p-nishments4, shariah is essentia''y a h-man constr-ct.
1herefore, in *enera', it can.t e 'ae'ed, -nderstood or re*arded as 8eterna'?, 8divine? or
8imm-ta'e.? S-ch notion stands contradicted y the 2-r.an, the Prophetic 'e*acy and the
practice of 3or the reco*nition of the need for4 contin-o-s i(tihad.
If shariah is -nderstood as the Divine Ji'' 8as it e/ists in the mind of Iod?, then it is divine,
imm-ta'e and infa''i'e. )owever, then we can.t -se the e/pression shariah as synonymo-s with
fiqh or Is'amic 'aw. Je can.t have it oth ways. As ar*-ed and e/p'ained in this essay, the proper
-nderstandin* of shariah is as 8divine wi''?, instead of 'aws and codes that are primari'y h-man
constr-cts, even if informed y or rooted in a divine so-rce, s-ch as the 2-r.an. Fed-cin*
shariah to the 'eve' of 'aw or code is simp'y -ntena'e. It not on'y misrepresents Is'am, -t a'so
122
If a va'-e or princip'e is important eno-*h, Iod m-st have inc'-ded it in the 2-r.an.
serves as the feeder for 'e*a'istic tendencies that have ecome now entrenched and roed
Is'am of its vita'ity and dynamism in *-idin* -s in this wor'd in a pro'em5so'vin* manner.
Proper -nderstandin* of shariah, from the Is'amic perspective, is important not mere'y for
theo'o*ica' reasons, -t a'so to restore and rec'aim the dynamism that ena'ed M-s'ims -nder
the 'eadership and *-idance of the Prophet to 'ay the fo-ndation of a *reat comm-nity, 'eadin* to
a virant society and civi'i6ation, worshippin* Iod and servin* the h-manity in )is path.
1hro-*h se'f5critica' disco-rse, creative and constr-ctive inte''ect-a' re0-venation, mora' and
re'i*io-s c'arity that is simp'e and -nami*-o-s, dynamic pro'em5so'vin* approach, and va'-e5
orientation rooted in the 2-r.an and inspired and *-ided y the Prophetic 'e*acy, M-s'ims can
etter f-'fi'' their d-ty to themse'ves, to the h-manity and aove a'' to their ;enevo'ent :reator.
NNNNNNNNNNNNNNNNNNNNNNN
Dhis &or! has been cited in:
7. Sa-di Araia.s Po'itica' System, A co-ntry report y Ire*or @andwehr for Academic
Association for Sec-rity St-dies, !""P.