On Shari'ah and American Politics

Recently, Oklahoma state senator Rex Duncan proposed "a ballot measure that would prohibit courts from considering international or sharia law when deciding cases. He says the measure is a 'preemptive strike' against 'liberal judges' who want to 'undermine those founding principles' of America." The proposition is a glaring example of wingnuttery at its worst but, to add fuel to the fire, another person asked the question, "What is 'liberal' about Sharia law?"

This is my response to that question.

Shari'ah is neither "liberal" nor "conservative." It is a codification of Islamic rules and regulations on topics that are both discussed in the Qur'an and Sunnah of the Prophet (pbuh) and on topics that are not discussed directly but are derived from fundamental principles (for example, much of Shari'ah law on Islamic finance is derived from principles such as the ban on usury (interest)). Whether Shari'ah matches up with American liberal or conservative political thought is not a concern to most Muslim jurists... or most Muslims for that matter. Muslims think of Islam as the middle path, a religion that tries to avoid the extremes. And while some positions within Shari'ah match up with what American conservatives believe in, other positions match up with what American liberals believe in.

If a liberal non-Muslim doesn't believe that Shari'ah takes "liberal" positions, they don't know Islam or Shari'ah that well. Islam believes in social justice. Islam believes in an equitable distribution of wealth within society. Islam believes in the equitable treatment of people and their human dignity. Islam believes in promoting a healthy society. Islam believes in preserving life. Islam believes in a healthy business environment ("Main Street") rather than a casino economy ("Wall Street"). Islam believes in maintaining a healthy ecosystem. (There are probably more "liberal" positions I could mention, but these seven will have to do for the moment...)

Trying to prevent Shari'ah from being used as a code of law is like trying to prevent water from doing what it does. Non-Muslims can try to channel Shari'ah away or dam it up, but Shari'ah finds its own way. Muslims use Shari'ah without the consent of non-Muslims as much of Shari'ah is simply the rules of conduct Muslims use between themselves in their day-to-day lives. It is largely only within certain issues (e.g., family issues, such as marriage, divorce and inheritance) that Muslims want to incorporate Shari'ah within the existing legal frameworks. That some non-Muslims want to prevent this from happening only speaks to their ignorance about Shari'ah and Islam.

"Human-Made" Rules in Islam

Recently, one of my readers has asked me to answer some questions her husband has asked of her. Based on the questions she submitted and several other e-mails she has sent to me, her husband, a European convert to Islam, appears to be a lukewarm Muslim at best. (I do realize that I'm only hearing from one-half of this couple; in fact, this woman has asked me to meet her husband face-to-face, but my schedule in the evenings and on the weekends at this time makes such a meeting very difficult to arrange.) She has asked me, instead, if I would post my answers to her questions on my blog, so I'm going to address each question separately as time permits, insha'allah.

Here is her e-mail:

Here are among the questions my husband always ask me
1) He said some of the rules in Islam are actually human-made. Some are not necessary in this modern world. For instance: the hijab for ladies, abolution before prayers, prayers with the necessary standing rules.. (sometimes I adapt the prayer accordingly like when we were on traveling). Also the importance to eat halal food ( for him only pork is haram, but all others should be halal like chicken, meat eventho it is not slaughtered by muslim)

"He said some of the rules in Islam are actually human-made."

My answer: Of course; so what? My initial thought was, the Prophet Muhammad (pbuh) created a number of "rules" that we Muslims follow; he was a man, like us. Thus, yes, some of the rules in Islam were created by a man. "But," my wife says, "the Prophet (pbuh) was also guided directly by Allah (swt) and the angel Jibril; in that regard, he wasn't like other men." To which I most wholeheartedly agree. However, even if we set the Prophet (pbuh) aside as a special case (which, obviously, he was), many men - scholars, jurists, imams - over the centuries have defined and refined "the rules in Islam" (regardless of whether one classifies them under fiqh or shari'ah) that Muslims live under.

However, just because these rules are made by men doesn't invalidate them. There are several reasons for this. First, the vast majority of men who have created rules have done so based upon the guidance of the Qur'an and Sunnah. In order for any rule in Islam to be valid, there has to be justification for the rule; that justification almost always comes from the appropriate Qur'anic ayat and/or ahadith from the Prophet's (pbuh) Sunnah. Secondly, even though individual men may have different opinions regarding a specific issue, the rules Muslims follow are based upon a consensus (ijma) of opinions. Extreme opinions are noted but rejected in favor of the majority opinion; likewise, as the Prophet Muhammad (pbuh) said, "My community will never agree upon an error." So a human-made rule in Islam is not necessarily invalid simply because it came from a man or men.

Two other points I'd like to raise: All these men over the centuries - the scholars, jurists and imams - who created the rules that Muslims follow, the vast majority of them have significant credentials in terms of their ability to render a judgment. To which I would ask you, what are your qualifications? Why should I trust your judgment? What do you bring to the table?

And secondly, don't you see the hypocrisy inherent in your own statement? You apparently think that something is wrong if the rules in Islam are human-made, but then you go ahead and make up your own rules! Ridiculous!

To be continued, insha'allah.