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Islamic Law
Sunday, May 20, 2012
Shariah ....Frozen or Dynamic?
Present times are times of confusion and propaganda aimed at proving one's own point of view right without knowing the multisided views of the issue concerned. This becomes especially correct when we are talking about issues related to Muslim ideas, history and philosophical ideas. In this regard we are squeezed between illiterate and ignorant ideas of Mullahs and tirade of liberal antagonism led by hidden and hostile followers of religion and its opponents. This debate has taken newer and fresher dimensions in the light of present crisis raging in the Northern areas of Pakistan and so-called war against terrorism unleashed after 9/11 incidents. The Shariah term is employed to refer to the legal codes existed in past and no relevance to the present realities. This is the most dominant theme promoted by liberals of all hues and colors and against this background are the common people who have ideals and attached to idea of Shariah as panacea for the solutions of their lives to get solutions by implementing Shariah.
This is in specific context of the recent struggle going on in Northern Swat valley of Pakistan. The question is about basic structure and legal issues concerning the society. The issues are concerned with basic structure and polity of the society and the reason for legal system; it's rational to provide coherence to social structure and organization of the institutions around the evolutionary paradigm of the civilization. In Muslim history the role of Shariah needs to be discussed and the proper place of Fiqah and Shariah needs to be discussed and the confusions, misperceptions and incomplete understanding of the concept. This becomes imperative in the present circumstances where the debates of a new world, ideas of future, globalization and its attached institutions have placed enormous stress and pressure on the societies of world.
The modern system is based upon the liberal ideas and based upon rule of law and democratic institutions and aims at developing and sustaining a capitalistic economic and power driven political system. This system is result of the Western dominance and inspired by modern ideas mainly springing from Western world and Muslim world and other countries are at receiving end of this system. The diversity of thought is discouraged in the globalized context and inherent contradictions of the prevalent systems are not highlighted due to hegemonic and central control of the information disseminating channels of the world. These monolithic structures of world aim to keep the dissent controlled through means of naked power and consensus building at world institutions. The cultural and historical experiences of different segments of world make the plural understanding of world important. In this context the resistance to Western ideas has been mute in recent times especially after demise of Communist regime in former Soviet Union. The challenges and alternatives to present systems are limited and they comprise of resurgent Russia, rising China, Iran and a vague term of Islamists. These are dealt in detail and on regular bases on Washington Post in a special section dealing with this issue of power in the world after the decline of USA unilateral power in the world. In this China and Russia are power oriented phenomenon and others are interestingly Iran and it is mainly due to its desire to develop Nuclear Weapons and a vague term of Islamists refers in guise to the world terrorism accentuated by slogans and terms of Islamic resemblance.
The role of Islam in future is a question of profound implications as recent Obama speech in Cairo University highlighted the significance of Islam and its adherents to world peace and future due to Palestine, Iraq, Afghanistan and terrorism problems in Pakistan. This speech also referred to Alliance of Civilization, Dialogue among Faiths ideas and reference to Al-Andalusia as a plural experience. The presence of Islam and Islamic inspired ideas is not rhetoric or matter of past and restricted to fringes and margins of world. The issue is here to stay, it has come from underneath to forefront; although at present the symbols are distorted and driven by passions and ignorance. This shows the urgency and need to analyze the phenomenon of Islam in present world with vast understanding of the complex idea and its implications for the world in general and to one fourth of world population in particular. The debate has many profound contours and ideas; but the concrete issues are relevance or irrelevance of Islamic ideas to present and future. This compels the intellectual and legal minds to focus the debate and understand the issues of anomie in Muslim world especially and world in general in context to the existing framework of societies and global order.
At present the debate on these issues are mostly driven by ethnocentric ignorance aimed at mere regurgitating the blind love or hatred of the issue. The understanding and rationality in comprehending and making it a positive debate is missing entirely from all the camps, supporters, opponents, and indifferent groups. The turbulence and recent economic crisis has jolted the confidence of global markets and there is a raging debate to shift the blame of crisis and to defend the present free market globalized economic system as the end of history and the only available idea. This arrogance and straitjacket thought system is fundamental bone of contention in present conflict of the world. Although the war seems to be divided between evil and good and confused and couched in terms of religion, war against terrorism, fight for soul of Islam, resource grab, oil control, and a lot of other similar ideas.
The struggle is for independence of spirit and tolerating plurality of idea as per one's own choices; not dictated by Mullahs in mountains or Executives in developed offices. Humanity needs freedom to think and to have free choice to exercise the faculties of humanity. No doubt democratic institutions are based upon the ideas of freedom, liberty and peace. But these have been illusions for majority of humanity despite unprecedented creation of surreal wealth, resource exploitation, scientific miracles, and elimination of poverty and health advancement. The present world is more distorted, unjust, unequal, fractured, divided, environmentally damaged and visionless as decades ago. It is age of mediocrity and fatigue and directionless movement. This profound anomie is basic cause of conflict, violence, greed and hatred in the world. It is march of relentless technological power at asymmetrical and symmetrical level to grab power, naked pursuit of power couched in terms of religion from side of terrorists and presented as protecting way of life by Western world. The world is between deep sea and devil! The reason is overtaken by vested interests and greed and power accumulation. Fights are not for cause but to keep or redistribute power. These have taken a heavy toll of humanity but of Muslims in particular, whether due to internal or external sources. This confusion has compounded the conflicts and rhetoric in Muslim societies across the whole spectrum of debates and issues.
This situation shows the dire need to understand the ideas of Shariah and its legal and structural relevance to present social and economic structures, mere repeating the rituals and adhereing to age old Fatwas is not the purpose of Shariah and neither they can serve the complexities of present age. For this the ideas of Ijtehad are required and they range from understanding and implementing the Shariah laws and charting a new course based upon spirit of law and its ratioanl essence. Mere rewriting the terms or transliterating English terms and other modern legal jargons in Arabic is not the panacea. The search for equivalent terms of historical reference is not the solution, these ideas can be a step in the direction but they are not the precursor to the dynamic spirit of the Sharaih and Islam legal tradition.
Islamic legal inertia is result of a combination of factors rangiong from colonialism and inherent lethargy and dogmatism of Muslim societies. These can be done only through reconstructing the realities and symbols as asserted by Iqbal in his lectures . The modernity does not mean surrendering to power of science and technology or Western ideas of governance and legal thoughts. The creative synergy and fresher approaches are required to bury the menace of violence and poverty raging in Muslim lands. The illiteracy and ignorance can not lead path to a dynamic understanding of Shariah and a more plural and tolerant society, but this task cna not be accomplished through extremes of Mullahs or liberlas . The balance and middle path is the source for this enlightened pathway.
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