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Dr. Muqtedar
Khan is Assistant Professor of Political Science at Adrian College in Michigan. He
is on the board of the Center for the Study of Islam and Democracy, Center for Balanced
Development and the Association of Muslim Social Scientists.
He earned his Ph.D. in International Relations, Political Philosophy, and Islamic
Political Thought, from Georgetown University in May 2000.
Dr. Khan's column has appeared in The Daily Telegram, San Francisco Chronicle, Detroit
Free Press, Detroit News, Washington Report on Middle East Affairs, Muslim Democrat,
Iviews.com, ptimes.com, Theglobalist.com, Freerepublic.com, MiddleEast
Online, Beliefnet.com, Arabies Trends, Al-Mustaqbal, and many other periodicals world
wide.
For a comprehensive resume
click here: Resume
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Islamic Law and its use in
Muslim Politics
Muqtedar
Khan, Ph.D.
Those
who listen to the Word (Al Quran) and follow the best meaning in it: those are the ones
whom Allah has guided and those are the the one's endued with understanding (Al Quran;
39:18).
The
American Muslim community is in its formative stages and is facing many contentious
issues, such as whether to participate in American politics, how to deal with non-Muslims,
what kind of citizen a Muslim should be in a secular democracy and how to redefine gender
roles in postmodern times. Needless to say there are many different perspectives competing
to gain legitimacy and leadership to guide the emerging direction of the new community.
This
process is further compounded by the resonance of Islamic resurgence in the Muslim
Diaspora. Many Islamic movements are experiencing strong revival in the traditional
homelands of Islam and are also influencing Islamic life in the US. Some of the different movements include, Islamic
political movements seeking to establish the Islamic state, puritanical movements seeking
to purify the faith, Sufi movements seeking to revive their tariqas (ways) and sectarian
movements renewing old and forgotten disputes.
The
enormous energy released from these movements is galvanizing Muslims everywhere leading to
intense, heated discussions and debates about how Islam and the global Islamic revival
should be understood and implemented in their local context. In all these contentious
discussions, more and more people are turning to the tradition of Islamic law to settle
disputes and give decisive verdicts on what is right and what is wrong. Usually this is
more in the form of who is right and who is wrong.
It
is in this discursive environment that I wish to share some reflections about Islamic law
in order that in invoking it we do not do injustice to Islam or the spirit of Islamic
revival.
Before
we consider the nature of Islamic law let us reflect on the relations between Islam and
Islamic law. Let me make it clear straight away that the two are not identical. Islamic
law is a subset of Islam. In other words there is more to Islam than just legal
injunctions. Being a Muslim means a lot more than just a legal entity.
Islam
is the “shar”, the way or the path revealed by God that will lead to success in
this life and in the hereafter. Islam is about enlightenment above anything else. It makes a human a civilized being. Islam brings
knowledge to the ignorant and discipline and direction to his/her life. Most importantly,
Islam brings answers to the mysteries of being. As
humans we all seek answers to perennial existential questions such as who am I? Where do I
come from? What is life? What is the purpose of life? What is the meaning of life and
death? What happens after death? What is the nature of the eternal and how do I relate to
it? What are my obligations to the divine? Why am I obligated to the divine? What is Good
and what is the meaning of a good life? What is the relationship between Knowledge, Good,
Happiness and Success?
Islam
provides rational, substantive, empowering, enlightening and inspirational answers to all
the above questions. Islamic law is just one of the many elements of Islam. The purpose of
Islamic law is not to present a set of arbitrary hurdles to test the belief of Muslims. It
is a set of norms that direct an individual towards a materially and spiritually good
life. It also provides constitutional principles that will help ensure justice and welfare
for all as society develops political and legal institutions to manage the ever-increasing
complexity of life and human interactions.
Islamic
Law or the Shariah is not a clearly articulated set of rules available for immediate
reference. This is the point where Muslims with a superficial understanding of Islamic
law, or a rigid attitude towards Islamic traditions err, often with dangerous
consequences. Islam law and the extant traditions are essentially an interpretation of
revealed sources, The Quran and many of the Prophet’s (pbuh) guiding traditions.
There
are many interpretations of the Shariah. Muslims recognize five different schools, the
Hanafi, the Shafii, the Maliki, the Hanbali and the Jaffari schools as equally valid and
legitimate. Islamic legal tradition practices epistemological pluralism that allows it to
maintain that these schools may differ in their legal opinions but in spite of the
difference the opinions are valid and equally Islamic.
This
enlightened quality of Islamic legal tradition is unfortunately missing from the
contemporary Muslim discourse and it has been replaced by an intransigent, rigid and
bellicose attitude that diminishes the virtues of the legal tradition. The spirit of
“this is what I believe Allah expects of us, but it is possible that you may be right
and I may be wrong” has been replaced by “this is Islam’s ruling, I am
right, you are wrong, in fact I alone am right and you are a Kafir (nonbeliever) because
you disagree with me”.
The
contemporary Islamic revival is taking place when the human history itself is in
tremendous flux. We are experiencing the simultaneous play of traditional, modern and
postmodern forces. In this atmosphere, when Muslims debate the essence of Islamic identity
and Muslim place in the global public schema, the present attitude towards assuming that
any interpretation of Islamic law is absolute and non-negotiable, acts as a barrier rather
than a facilitator of Muslim-Muslim dialogue.
If
Muslims wish to unite and revive the great spirit of Islam and its civilizing ethos, then
we must learn to be more tolerant and more open minded in our approach to contending
arguments. Strength, legitimacy and vitality come from openness, tolerance of difference
and from the willingness to bridge rather than burn bridges.
As
more and more Muslims turn towards Islam in search of meaning and direction, there will be
a powerful need to reexamine Islamic tradition and Islamic message in the light of our
present existential conditions. Muslims now come from different cultures and different
political and economic conditions. Their interpretations of what it means to live
according to Islam (not some medieval Islamic scholars conception of Islam) will differ.
While there will be a need for consensus on some issues like political governance, there
can be room for difference in other areas.
For
all this to work it is important that Muslims develop an ethics of discourse. The present
rigid and inflexible approach to Islamic legal opinions of the past must be discarded and
replaced with a more open and compassionate understanding of Islam.
Islamic
law is supposed to serve the Muslim society. It cannot do so by imposing itself on the
society. Remember God is not a tyrant, he is most merciful and most benevolent. It is
those who are supercilious enough to speak on his behalf that often suffer from this
affliction.
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Discussion
of the
Quranic Verse
Those
who listen to the Word (Al Quran) and follow the best meaning in it: those are the ones
whom Allah has guided and those are the one's endued with understanding (Al Quran; 39:18).
This
Verse has a very important message for those who tend to use a literalist approach to
Islamic injunctions. The verse suggests that many meanings are decipherable from the text
of the Quran. It also suggests that some meanings are better than others. Most
importantly the verse recommends that we follow the best of meanings.
At
face value this may seem like a simple command. But consider this dilemma: When more than
one understanding of a Quranic injunction is possible, how do we conclude which is the
best meaning? What criteria should be employed to determine which is the best of meanings?
Invariable
the tendency is to turn to past interpretations of the Quran and privilege the opinion of
past scholars. The practice of hero-worship of past scholars determines which
interpretation is accepted.
I
believe that this traditionalist approach is counter-productive. It merely recycles past
opinions without actually making Islam relevant to specific times and circumstances. This
is not intended as disrespect to past scholars or past opinions. It is only a reminder
that all interpretive opinions are contextual.
I
recommend that contemporary maslaha, or the public welfare in our time should be the
criterion that determines what is the best meaning of any Quranic injunction.
Through
Shura we can reach an understanding of what constitutes public good and that consensual
concern should guide our selection of Quranic meanings.
Wallahu
Alam.
Muqtedar Khan
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