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Understanding
Sha·ri·'a
By Shah N. Khan Sharia was meant to be not merely the code of law based on the Holy Quran and Sunnah (saying and practices of the Holy Prophet (sws), but also the code of conduct and principles of ethics. Holy Quran has enunciated various principles for social and moral uplift and besides. The rights, duties and obligations of the individuals are indicated. Certain punishments are also indicated as also the virtues of tolerance, patience, repentance and forgiveness. But we are commanded to acquire knowledge and ponder over things and evolve our own ways to lead a life as Muslims. Much of Sharia laws are based on Hadiths (narrations of the traditions based on the words and actions of the Holy Prophet) and old fatwas (rulings) of Imams, Muftis, Qazis and Ulemas) much of which may not wholly be applicable to the present day circumstances. |
Much of Sharia laws are based on Hadith and old fatwas of Imams (rulings by Qazis and Ulemas and scholars) much of which may not wholly be applicable to the present day circumstances.
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In the process of evolution Sharia different interpretations were given by different scholars in different times and in different context to the verses of Holy Quran and sayings of the Holy Prophet (sws). And due to difference of opinion about not only applicability but also recognition and authenticity of different collections of Hadiths different sets of Sharia laws have emerged. Considerable variations are found among the laws practiced in Saudi Arabia, Emirate, Libya, Egypt, Nigeria, Iran and Pakistan. Pakistan appears to be more liberal. Holy Quran is not a book of law. It is a book of guidance that Muslims are required to adhere to in accordance with the teachings of the Holy Prophet. Only broad principles are laid down for a happy, prosperous and progressive society based on the principles of morality and justice. The rights and obligations of the individuals to achieve these ends are prescribed and the need for acquisition of knowledge, truth and justice has been emphasized upon time and again. We have to frame detailed laws, rules, plans and practices within those parameters. But it is a sad fact that those parameters were obscured due to misinterpretation by the Muslim rulers who took reign after Khulfa e Rashideen (The first four rightly elected Caliphs). Bigotry of certain scholars and Mullahs and their greed for selfish ends continued to widen the gaps between understanding of Sharia among different groups and paved the way for division of Ummah in several different sects within first few hundred years of Islam. |
Take for instance the punishment for adultery. Holy Quran does not prescribe death by stoning. It was an old Jewish law which was continued after the rise of Islam mainly for Jews. But based on certain Hadiths this punishment has been made applicable in Sharia for Muslims too. |
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Sharia divides punishable acts into three categories. First "Huddud" crimes which are those committed against the "rights of God", as mentioned in Quran that are punishable by the most severe of penalties and which should not be compromised except that only Allah may grant forgiveness!. Second, "qisas" crimes, involving wrongs against individuals, which are homicide and physical injury. Since the rights of the individual are involved, qisas was allowed and the rule of "diya" was established. Third, crimes call "ta'azir", which are crimes committed against public security, with punishment largely for the discretion of the judge. Such penalties may include reprimand, fines, jail and whipping, depending upon the enormity of the act attributed to the person convicted of the crime. The crime of bribery is a ta'azir crime. Punishment for Adultery: - Holy Quran does not prescribe death by stoning. It was an old Jewish law
which was continued after the rise of Islam mainly for Jews. But based
on certain Hadiths this punishment has been made applicable in Sharia for
Muslims too. The verse 24.002 of Quran is as under: The concepts of repentance and mitigation are unique in Islam. Under Western Laws a murderer may not be able to escape capital punishment but under Islamic fiqah in case of sincere repentance and on being forgiven by the blood relatives of the victim, a murderer can escape that to a lighter punishment. It is our religious duty to effectively check the evils of adultery, nudity, prostitution, wife-swapping etc. spreading in society. In the absence of such laws we could wind up with 30% to 60% illegitimate birth rate as generally observed in almost all the Western Countries despite high rates of abortions. We must also guard against other evils of gay /MTV culture which is a source of growing concern to good Samaritans also in almost all the Western countries. Wide difference of opinions exists about Blasphemy law and Hudood Ordinance based on penal code of sharia for various crimes. There is a general misconception that the extreme punishments are the only ones prescribed whereas in actual fact most of them are meant for serious cases of incorrigible individuals. For instance severance of hand is not prescribed for every type of theft. It is to be applied in incorrigible cases of serious nature. The constitution of Islamic Republic of Pakistan stipulates that all its laws are to be based on Holy Quran and Sunnah. The highest court in Pakistan is the Supreme Court, while a Federal Shariat court administers Islamic laws and resolves the differences of opinion on different sharia issues. The ruling of the Shariat Bench to abolish Interest from Banking system from 2002 was stopped by the Supreme court who did not agree in entirety with the interpretation of the verses of Holy Quran relating to 'Riba' which was interpreted as usury and not merely "interest' as compensation for loss of purchasing power of the money. Some politicians talk about enforcing the
Islamic system without providing any tenable description of what their
perceived system is. The fact is that the laws of Pakistan with certain
exceptions have been molded according to Islamic ideals. But the politicians
including those in religious parties as well as the people at large have
not adopted Islamic ideals of conduct and have not inculcated the spirit
of Islamic brotherhood. Few of us fulfill our duty and obligations to
Allah and our fellow human beings as enunciated in the Holy Quran. After
all these commandments and the laws of the land are meant to help us distinguish
between right and wrong and what is better in life against what is worse.
By itself, the law can never create anything better. Establishing respect
for the law does not automatically ensure a better life for that, after
all, is a job for people and not for laws and institutions.
In Pakistan there has been considerable debate about adoption of Sharia but views differ vastly how and what exactly can be done. Dr. Israr Ahmad opines that the best way to implement the Islamic Shari'ah in modern times is through the cooperative efforts of the higher judiciary and the parliament. He said that there is no bar on framing laws according the needs of modern times in a modern Islamic state. The only restriction is that no law can be formulated that is repugnant to the teachings of the Qur'an and Sunnah. In Pakistan, the implementation of the Shari'ah can be achieved only by way of properly activating the Federal Shariat Court and the Shariat Appellate Bench of the Supreme Court, and by withdrawing the limitations imposed on the former concerning the Constitution of Pakistan, Muslim Personal Law, and the Procedural laws. The Federal Shariat Court should examine the existing laws and declare as invalid any law that it finds to be repugnant to the Qur'an and Sunnah; the Parliament and the Provincial Assemblies would work side-by-side to make new laws in order to replace the un-Islamic ones. In this way the Islamic Shari'ah can be codified and implemented in a gradual manner. Islam and Good Governance: Holy Quran lays down broad principles of good governance, justice and fair play lay not only for the rulers but also for those who exercise bureaucratic authority and power as well as the politicians and members of opposition. Study of Holy Quran would help our bureaucrats and rulers to evaluate the manners in which the powers are to be exercised. It is ironical that the principles of human rights and governance through consultations as enunciated over 1, 500 years ago by the Holy Prophet Muhammed (PBUH) have been forgotten by Muslims but they have been adopted by the West in some way. The system of governance in USA appears to be based on the some of the same basic ideals as laid down in Holy Quran. In the light of different verses of Holy
Quran, scholars like Altaf Ahmed Kheire and Dr. Fazlur Rehman Ansari have
pointed out that the sovereignty belongs to Allah. Man is merely
a vicegerent of Allah on the Earth and cannot be absolute owner possessing
absolute sovereign rights. He can act only as a trustee and has to perform
the duties as a ruler, in consultation with the Shura and according to
the commandments of Holy Quran and as laid down in Sunnah.
a) Allah's promise of granting power and authority is for those who believe and act righteously for the benefit of the society. And this authority must be exercised for establishing Islam and peace and to ensure justice, fair play and progress and to guard against oppression, injustice and wrong doings. b) The role of Shura i.e. consultation to help the rulers in good governance has been part of our traditions and that paved the way of Parliament and Senate in the constitution of Islamic Republic of Pakistan. c) But the qualifications of rulers and their deputies as well the voters are two major areas where difference of opinion exists about conformity to Islamic ideals. |
Holy Quran stresses the need for rendering justice without |
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The qualification for bestowing authority or eligibility for an office for public administration would appear to be knowledge (qualifications), piety, fear of Allah and unflinching faith and ability to conform to the standards of conduct as laid down in Holy Quran and the Sunnah. The qualification of piety would render such politicians ineligible to contest or vote if they have been convicted by court of law of a sovereign state. The familiarity with the commandments and prohibition laid down in Holy Quran would be a must. "Deenyat" or Islamic Studies has been a compulsory subject in our schools but the courses need to be simplified and made more practical. It would do well if all the politicians and bureaucrats are made to undergo a refresher course relating to Justice, trust and other commandments of Holy Quran. An important question is that whether the concept of the adult franchise or universal suffrage is in accordance with the Islamic values. This needs to be settled by Ijtehad. There are qualifications for voters in the western democracy such as age, nationality etc. Israel is purely a Jewish state. Muslims and Christians do not have the same right as Jews. The qualification of voters according to the Islamic values may not be materially different as the constitution of Islamic Republic of Pakistan was adopted after taking into account Islamic values and traditions. But a review of that appears to be advisable. Although the beggars, destitute, illiterate Muslims who do not know even the basics of Islams, deserve our sympathy and help, it is doubtful if their judgment in electing a competent representative can be relied upon specially as the experience has indicated that their votes are purchasable cheaply and easily. Moreover, according to some traditions, the opinions of persons of guilty of moral turpitude are to be ignored! Only by Ijtehad we can learn if this applies to voters or candidates! Late President General Ziaul Haque had written a letter of commendation to Altaf Ahmed Kherie for his book "Islam - A Comprehensive Guide Book". In that he has discussed the Islamic values for good governance in the light of the verses in Holy Quran and practice and sayings of the Holy Prophet (PBUH). As he mentions all the fundamental Human
Rights, the principle of
Christianity recognized the Divine Right of the Kings- a doctrine that sovereigns are representatives of God and derive their right to rule directly from God. According to the doctrine, a ruler's power is not subject to secular limitation; the ruler is responsible only to God. In Islam no such right is bestowed. While the Holy Quran does not specifically abolish the institution of Kingship, there is no trace in the holy book of any divine right to rule by any individual, or family or class or race. Although there is mention of kings, there is no specific provision or religious sanction for automatic succession to the office of ruler. According to Holy Quran the sovereignty
belongs to Allah. Man is
Honesty and Justice in All Dealings The Holy Prophet (may peace be upon him)
based business dealings
Islam, which condemns every kind of injustice
and
exploitation in human relations, wants its followers to conduct business
in a sublime spirit of justice tempered with human kindness.
Jihad and terrorism Forcible conversion to Islam has been forbidden by Allah. But many people in the West were under the wrong impression that Islam spread by the Sword. It is now being refuted not only by Muslims but the enlightened and unbiased non Muslims and even by some the bitterest critics of Islam and they have given their own reasons for phenomenal spread of Islam. For instance Edward Gibbon in his book "The Decline and Fall of Roman Empire" observes " A pernicious tenet has been imputed to
the Mohammadans, the duty of extirpating all other religions by the
sword. This charge of ignorance and bigotry is refuted by the Koran, by
the history of Musalman conquerors, and by their public and legal toleration
of the Christian worship."
Jihad, in Islam, means the spiritual struggle
against evil. The struggle can be by the heart, the tongue, the hand,
and the sword. These refer to the inner, spiritual war of the heart against
vice, passion, and ignorance; spreading the word of Islam with one's tongue;
choosing to do good and
Jihad also means a full fledged war as declared by the state to defend the sovereignty or repulse threat to the state's freedom, security or religion. The concept of Jehad is still misunderstood not only in the West but also by a few Muslims -specially those struggling for freedom or who have been victim of human right abuses by their rulers. Although suicide is prohibited, martyrdom in the course of Jihad is matter of great honor to be rewarded by Allah by a special place in paradise. Volunteering for suicide squads is not unique to Arabs. In many other countries like Japan, Vietnam, Cambodia etc such spirit is seen. It would be observed that the countries
that are worst affected by terrorism are those whose record of human rights
abuses is bad or those who give aid to or favor the countries using brute
state power to crush freedom movement. Desperate people burning with the
desire of vengeance but having little means to fight with the State power
resort to terrorist acts. But Islam does not permit such brutalities whatever
the cause may be and killing of innocent people is prohibited.
Although we have laws, high ideals, values and traditions, we have forgotten them. Adoption of Islamic values in all walks of life would be akin to adoption of ethical values universally accepted and that 'd guarantee the success and prosperity in peace and tranquility. Shah N. Khan
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Jihad, in Islam, means the spiritual struggle against evil. The struggle can be by the heart, the tongue, the hand, and the sword. These refer to the inner, spiritual war of the heart against vice, passion, and ignorance; spreading the word of Islam with one's tongue; choosing to do good and |