| JuryFury.com
A New Issue Every Monday ! SUBSCRIBE NOW !! Online School of Politics |
|||
| Areas of Interest THE USA American Foreign Policy US House and Senate US Presidents State & Local Politics Regional Politics Politics of China The British Commonwealth Indian Subcontinent Middle East The European Union Africa Latin America ASEAN NATO United Nations The Non-aligned Movement Eastern Europe New Nations of the 20th Century General Topics Constitutional Law Human Rights Nuclear Disarmament & Treaties International Warfare Environmental Law Peace Treaties Economic & Social Alliances International Organizations Journalism & Media Racism and Democracy Women in the Workplace Family Law Courts and Practices The Judicial System Higher Education Education and Government Health Care & Insurance Rights of the Disabled Copyright & Working Online Legal Representation Legal Insurance Pornography Domestic Violence Religion & Law Workers Rights Employers Rights Prison & Life after Social Organizations Welfare & Poverty Taxation and Democracy Third World Aid Programs Space Exploration Alternative Energy Petroleum Industry & Cars Nuclear Power Programs for the Arts Sports Education Policing the Internet Privacy and freedom Immigration Food and Regulation War on Drugs War on Pharmaceuticals Public Housing Pollution and Control Sexual Harrassment Discrimination Electoral Process Consumers Rights Investors Rights Abortion Death Penalty Social Security Gender & Sexuality Grassroots Organization ACLU World Watch Oxfam UNICEF United Negro Fund Ford Foundation (suggestions welcome at our chatsite) Law of the Economy Join I-Traderschool, our sister magazine, for debates and news. |
Islamic Law: The Taboo Of
Reconstruction
by Saad Anis The issue of the enforcement of Sharia, the Islamic law, in Pakistan is a contentious subject, and one which has been the centre of rancorous debate ever since her inception. Notwithstanding the fact that the only two shariat bills to be introduced in the national and provincial law-making bodies were approved unanimously, the issue remains far from resolved. In fact, a perusal of the recent Enforcement of Shariat Act passed by the NWFP Assembly, which incidentally is almost a replica of the one approbated by the National Assembly in 1991, manifests the fact that the act is a political smokescreen to gain public mandate for the future. The absence of any demur during the endorsement of the Shariat Bill in the NWFP Assembly, exhibits not the agreement of the elected representatives of the various sects on the issues at hand, but affirms the notion that there were no substantial issues related to the actual enforcement of Shariat in the bill at all. In reality, the MMA led government merely paid lip service to the question of imposition of Islamic law in NWFP, so that they could claim to have fulfilled a major pledge made to the public when it goes back to the polls. It is a spineless bill, which fulfils a twofold purpose for the NWFP government: a) not opening the Pandora's Box of the interpretation of Shariatt and b) securing its political longevity by assuaging the masses in this regard. The history of discourse over the style of Shariat to be implemented goes back a long way. Nonetheless, with the passage of time, two main schools of thought have been fashioned in our country: the orthodox idea and the modernist notion. The orthodox school of thought, which is in a majority, firmly believes in the strict establishment of the Islamic laws interpreted in accordance with the Quran and Hadith in the 12th century by renowned Muslim jurists. They maintain that the societal laws established and the punishment of crimes inferred then, are comprehensive for Muslim societies for all times to come. They are immune to the multifaceted changes occurring in human thought, and are applicable to all times and people. Thus, they advocate the establishment of an Islamic system encompassing and moulding all facets of life, rejecting the modern western severance of the affairs of the State from religion. The modernist school of thought stresses upon the reformation of religious ideals in Islam. It posits the notion that Islamic institutions, in accordance with the demands of time, need to be rebuilt. What matters, in their opinion, is that the true spirit of Islam is upheld. They argue that the Islamic law derived in the past, while based on the Quran and Sunnah, was formulated by taking into account the social dynamics then. Similarly, we should be allowed to reinterpret Islamic laws in accordance with the demands of today, at the same time ensuring that the real spirit of Islam is not undermined. Keeping in mind that Islam is a universal way of life, they assert that it would be obtuse and contrary to its essence to adhere unthinkingly to an interpretation of religion made eight centuries ago. Moreover, none of the founders of Islamic law proclaimed their construal of theological jurisprudence as the final word in the rebuilding of the laws of Shariat in the light of modern thought and experience. By consequence from the above argument, this group goes to the extent of supporting the separation of State and religion. Furthermore, it also endorses the religious beliefs of an individual as being his private matter, much to the chagrin of the conformists. Observation supports the latter view. We live in times where the Muslim world has been divided and re-divided into countless sects and denominations. If one were to enquire the definition of a Muslim from 10 different people, one would receive 11 varying replies. The leaders of the rival sects are unable to reach a consensus on basic issues. This disagreement is accentuated and often dons the odious mask of hatred, owing to the intolerance that breeds in our society and feeds off ignorance. The result is the branding by different denominations of one another as apostates and infidels. This theological altercation is the catalyst for incidences such as the Quetta carnage; senseless violence in the name of a religion that personifies peace. Moreover, it is not as if the evolution of religious thought is a novelty in Islamic history. From the 7th century to the 11th, as many as 19 different schools of legal thought appeared in the Muslim world. It is only natural that with the expansion in the Islamic empire and the inclusion of people from increasingly diverse cultures into the folds of Islam, religious thought had to be remodelled in accord with the implications arising therein. Similarly, with the revolutionary scientific, social and cultural upheaval that has transpired in times of today, a renaissance in Islam is indispensable. The omnipresent dispute between different Islamic factions was perhaps best summed up by Muhammad Ali Jinnah. In 1946, when the Ulema demanded the imposition of Shariat law as laid down by the Quran and Sunnah in the anticipated homeland, Jinnah retorted: - "Whose Shariat? I don't want to get involved." Sadly, free thought regarding religion is still discouraged in our constipated society, with anybody holding an opinion contrary to the blindly accepted norms, being maligned as a heretic. Individual opinion is still held hostage by the fist-waving theocrat who incites crowds to brutality in the name of religion. Under such circumstances, our society cannot possibly be expected to comprehend and debate upon the finer points of the imposition of Islamic law in the land. Seven decades ago, the poet-philosopher Allama Iqbal declared that the Muslim public of the subcontinent was not prepared for a critical analysis of the Islamic law as it would displease most people and raise sectarian controversies. It is saddening to observe that an identical discomfiting stagnation prevails today and that we have remained in a state of intellectual inactivity for the last seventy years, a continuity of the Muslim slumber the world over for the last eight centuries. What is desperately required is an inculcation of awareness amongst the masses. They need to be educated in a fashion which is a digression from the vapid convention prevalent in our country. What is needed is a breaking of age-old taboos with regard to religion, and the infusion of the courage to scrutinise, question and deduce. The educated few have to exercise their hitherto inert intellect and grasp the dynamism inherent in all aspects of theology. This is essentially a process of social, political and ideological reconstruction, and one which warrants time and energy. Whether or not our society has the mettle to undertake and execute such a monumental change remains to be seen. Nonetheless, the present looks bleak. |
Become an Activist Join an Organization Get Volunteerism Alert Write Letters to a local Politician Start your own Group Applied Politics Projects Suggest a Project Start your Yahoo Groups Get Internship Credit Funding for Projects Encourage Discussion Join Juryfury Chat Promote Juryfury.com Join online discussion Groups Be In the Spotlight Let us Interview you : Authors of political books Activists Journalists Lawyers Law Enforcement Politicians Politican Scientists Archives Be A Columnist Get Internship Credit Write twice a Month Get Heard Start a Yahoo Group Advertise with Us Books (Free) Our Staff & Contributors Our Magazines Quietpoly.com I-Traderschool Juryfury.com The Company Our Address: QuietPoly Inc. 240 W. Saunders. Dr. (#146) Flagstaff, AZ 86001 Tel (928) 214-7365 quietpoly@yahoo.com Our Affiliations MoveOn.org MediaChannel.org IndyMedia.org |
|