Sharia and Islamic law
THIS refers to Asghar Ali Engineer’s article ‘Is Sharia immutable?’ (Feb 1). Perhaps, what causes the misunderstanding is that people consider it synonymous with Islamic law. Sharia is not Islamic law.
Sharia is principles of justice and fairness that are established in the Holy Quran, and all laws must be in accordance with these principles to be legitimate.
Islamic law is derived from these principles and is constantly evolving and this is where ijtihad is applied by recognised and qualified scholars.
How Sharia principles are interpreted and applied are human endeavours called Fiqh. Fiqh is not immutable as is obvious from its development over 14 centuries. To present Sharia and Fiqh as one and the same is problematic and also inaccurate.
The understanding of Sharia principles continues to evolve as does human understanding and knowledge. However the spirit of Quranic principles are for all times.
This is the reason we are able to distinguish a just legal ruling from an unjust one and can challenge any ruling that contradicts or contravenes Sharia principles of justice.
This is the safeguard that protects ordinary Muslims from religious tyranny.
SHAHINA SIDDIQUI
President, Islamic Social Services Assoc.,
Canada
As a Muslim, I believe Sharia is a morality and ethics rather than Law. Sharia is not frozen in time and need continuous reinterpretation.
The duty to reinterpret the basic source of Islam does not belong to revered men long dead, or Mullah with long beard, but to each one of us. We simply cannot blindly believe what they say, but use our common sense knowledge and a fresh understanding of Islam is necessary.
I would simply say that per my understanding “Sharia is the Islamic law”
Laws in Pakistan are not Sharia they are misrepresenting the Sharia, they cannot be applied on the non-Muslims they are to be applied on Muslims only.
Night mare for all non Muslims.
To live in a Society where “SHARIA” is the basis for law making
Miss SHAHINA Sitting in Canada can speak any thing she like .
Let us see her coming on the street of Pakistan and saying the same things.
Mr. Engineer who heads a secular movement does not understand Islam. He is confused between Sharia and Fiqh. He uses the word Sharia when he means Fiqh.
“However the spirit of Quranic principles are for all times. This is the reason we are able to distinguish a just legal ruling from an unjust one and can challenge any ruling that contradicts or contravenes Sharia principles of justice. This is the safeguard that protects ordinary Muslims from religious tyranny.”
What is just and Quranic depends on the eye of the beholder. Zia believed it was just and Quranic for him to exercise dictatorial will over Pakistan because it was in his power to do so; Pakistanis condemn corruption up to the point they can benefit from it themselves; and the Pakistani military remains accountable only to itself. All are correct in their assessment since Islam puts a premium on personal success similar to the newly-Christianized barbarians of medieval Europe who justified their conquests as blessed by G-d on the basis of their own successes. So as a safeguard the “spirit of Quranic principles” seems to be a very thin one.
Sharia is a lawyer-less jurisprudence that attempts to restore violated Rights that emanate from contracts between two parties (Allah and man, man and man, man and woman, ruler and ruled etc.).
Sharia is legal in every Common Law jurisprudence under contract law.
Sharia demand smart judges, vs smart lawyers in Common Law.
As a Muslim I believe all principles mentioned in the Quran and practised by Holy ProphetSAW are mandatory on myself to follow. I try my best too. But generally I find the Muslims as a nation are very careless in adopting those principles and do not follow any such guidelines called Shariah in their lifes thus practically disrespecting it. So the discussion of Shariah is only academic and futile. No rules and principles can be established in by imposition. Communism failed due to this and any such scheme would fail even if done in Islam’s name.
All principles have a context. The context changes with time, and so should the application of the laws.
This is something nice and new to hear, it gives some hope. But this writing is the work of a reformist or the truth about Islam can be cleared if some Islamic Scholars replies. Thanks.
Does Shariah or Quranic Law permit a body of people or government to take up religious identities of others in their own hands and decide the fate of his or religion? Well it happened in Pakistan and hence your statement “This is the reason we are able to distinguish a just legal ruling from an unjust one and can challenge any ruling that contradicts or contravenes Sharia principles of justice.” is very contradicting one. Please be realistic.
Please keep it where it belongs to and do not ever think of bringing it to Canada or Europe.
Many Thanks
They have full intention of bringing it to the West, it is upto us to stop them, thtese laws belong to the dustbin of history.
What did you say ?????????
Simple short precise. Hallmarks of scholarship.
Thanks.