Understanding ‘Sharia’

Author: Naeem Tahir

I recall, in my adolescent days,
there was a raging controversy against ‘loudspeakers’. Loudspeakers are now known as ‘public address systems’. The maulvis were in the forefront against the use of the loudspeaker, labelling it as a ‘satanic’ invention, as it broadcast the ‘voice of Satan’! So they prohibited the use of loudspeakers and some ‘fatwa’ was given against it.

Times changed. Maulvis realised that this invention by scientists had use for them. The use, good or bad, depends on the user; scientific advances cannot be criticised. Ultimately, those who called the invention ‘satanic’ became the biggest users of the loudspeakers! Life must go on.

Religion, particularly Islam, helps humanity to move forward in a decent and dignified way. Time cannot be frozen and nor do the words of God Almighty say that. God equips human beings with His message and gives them the wisdom to recognise the good from the bad and lead a peaceful life with others.

It is, therefore, necessary to have a good understanding and clarify one’s beliefs
and thoughts.

In the recent context of the enforcement of Sharia, there are differences in understanding. Sharia is an essential part of Pakistan’s constitution but the Taliban have different views about Sharia.

I received an extract from a scholar, sent by a reader. It seems worth sharing. I, therefore, reproduce it here:

Islamic Shariah Versus Islamist shariah(s) (Excerpts from The Divine Version of Religion, by Dr A R Farooqui, professor of comparative Religion, Scotland).

Islamic Shariah is the natural and rational way of life: The entire Islamic way of life or religion is known as the ‘Islamic Shariah’. Its legal part is called ‘Law’ of the Islamic Shariah. It should not be mixed up with its various manmade versions, known as the Islamist (sectarian) shariah(s).

Islamic Shariah or ‘Islam’: Religion (deen), as interpreted by the Qur’an, the Word of God, is known as Islam or the Islamic Shariah. The followers of Islam are known as Muslims. God is one. Therefore, Islamic Shariah is only one. ‘Shariah’ or, more precisely, the Divine Shariah (Shariat Ilahi) means a ‘highway’, the Path that leads the humankind straight to its destination, the very purpose of its creation [45:18]. It is also known as the straight path (suerat mustaqeem) [1:6, 6:153], the path that leads to light (from the darkness) [14:1], the path of Divine guidance [20:135 and 22:24, 23:74], the path that is guided to by the Qur’an [34:6], and the path of God [42:53]. Qur’an describes it as deen (Religion) or Islam [3:19/85].

Islam is the way of life of ‘progresses’ to socio-economic modernity. Qur’an guides the humankind ‘to embrace religion in its entirety’ (spiritual and the worldly affairs together) [2:208], ‘to explore the universe for the natural resources’ [45:12-13 and 14:32-33, 15:19-22, 16:5-18, 17:66-70, 22:65, 31:20, 80:26-32], to disperse in the land in search of the sustenance (rizq) as soon as fardh sualah is over [62:9-10]; and says, “Allah never changes status of the people until they struggle for it” [13:11 and 8:53, 53:39].

Qur’an also guides the humankind not to follow guidance of the people [2:135, 9:31/34 etc] or traditions of the forefathers [2:170 etc] blindly (taqleed), but to exploit ‘reason’ (own intellect, ijtihad) [7:179, 8:22 etc] and to follow what has been ‘sent down’ (Divine Revelation, wahey) to them (from their Lord, Rabb) [2:136, 4:163-166 etc]. The Messengers of God never followed their forefathers blindly.

Islam is the way of life of ‘peace’. Qur’an, the divine text of religion, guides the humankind ‘not to divide’ society into sects [3:103/105, 6:159], ‘not to destabilise’ society (fasaad) [7:56/85]; to fight jihad against those who destabilise the society [4:75 etc], and to punish the fasaadists (terrorists) by a painful death [5:33]. It prohibits compulsion in religion [2:256, 13:40, 88:21-22]; and emphasises ‘freedom’ of expression [18:29 etc] and interfaith harmony [3:64, 16:125, 29:46]. Qur’an authorises only the ‘state rulers’ to impose the Islamic Shariah [22:41]. It also guides the citizens to obey only their rulers [5:49] so as to avoid anarchy in the society. Qur’an emphasises mutual consultations for solving controversies [3:159, 42:38]. Islamic Shariah is, thus, consistent with ‘democracy’.

Islamist shariah(s) or ‘Islamism’: Religion, as interpreted largely by the theological (manmade) texts, is known as ‘Islamism’ or Islamist (sectarian) shariahs. Such interpretations of religion are peculiar to the Sunni Islam, Shia Islam and the Sufi Islam. Their adherents are known as ‘Islamists’ (maslaki Muslims).

Islamist shariahs are ‘regressive’ way(s) of life. Theologians (ulema, mullahs) guide the people to offer extra (nafal) worship and supplications (dua’ein), including camping for collective supplication (ijtimaee dua); and to leave the rest to Allah and the luck. Mystics claim that asceticism and esotericism are solutions to all problems of the humankind. The clergy rigidly profess ‘taqleed’ (blind imitation) of the eighth century fiqahi thoughts since the 13th century CE. They regard the people with progressive and innovative thoughts (ijtihad) in the ‘worldly affairs’ as heretics or secular; and liable to be punished.

Islamist shariahs are the way(s) of life of ‘radicalism’. Clergy deny the Sunni-Shiah division being ‘sectarianism’, and promote it through their madrassas. They justify extremism, calling it jihad, for establishing sectarian theocracies and a caliphate so as to promote their own nizam-e-adal or nizam-e-mustafa, but in the name of the Islamic Shariah. Islamist shariahs differ significantly with one another. Shariahs of the Sunni and Shiah maslaks urge political and legislative authority for the ‘theologians’ (ulema) of their own respective maslaks. They, thus, ‘disapprove democracy’.

Conclusion: Islamic Shariah is the ‘natural and/or rational’ way of life. Regressive way(s) of life and ideological extremism cannot be overcome until the ‘people’ stop having blind faith in the clergy and reject sectarianism. Islam is the way of life of peace, freedom and progress to socio-economic modernity.

These are the views of a scholar; however, it will be worthwhile to make a wider study for full comprehension.

The writer is the former CEO Pakistan National Council of the Arts; Chairman Fruit processing Industries; Chairman UNESCO Theatre Institute Pakistan and COO ICTV, USA. He is the author of Melluhas of the Indus Valley 8000 BC to 500 BC. He can be reached at naeemtahir37@gmail.com

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