Shariah
Question:-
You said: "There is no
mention of a State in the Quran or Sunna. The State is a Machine." You are
using "Machine" in a non-traditional sense. Please explicate.
Comment:-
It has a rigid organisation and
runs on inflexible rules rather than intelligence.
Question:-
You said:-
"There is also no concept of a Company. There can be partnerships." I
can find nothing about partnerships in the Quran. There is, of course, a very
full treatment of partnerships in the Muwatta (and
other fiqh as well, but the Muwatta
is generally accepted as very early and therefore, to me at least, more
authentic) and a treatment of specialized partnership modes that some economic
historians consider ancestral to modern stock companies. Modern companies, of
course, have only existed for a couple of centuries.
Comment:-
Partnerships are inherent in the
principle of "mutual consultation".
The idea of one person employing
and controlling another is the same as slavery and slavery was to be abolished.
Question:-
You said:-
"This means that there is always individual or collective human
responsibility." "Individual" is where this discussion started.
"Collective" is my question. Didn't the paragraph I started with
imply that there are, in fact, no collective rights.
Comment:-
I use the word
"collective" here in the sense that all those who agree to something
are responsible for that. It is also an aspect of "mutual
consultation".
Question:-
Rights, of course, are not the
same as responsibilities but I would assume that rights and responsibilities go
together. No rights without responsibilities and no responsibilities without
rights. Is it not so in Islam?
Comment:-
I think that there are three
inter-dependent factors:-
(1) Rights
(& Privileges), (2) Responsibilities (& Duties) and (3) Constraints. These depend on what might be called a
"Covenant" with Reality (Allah).
The Islamic one is:-
"Allah hath bought from
the believers their lives and their wealth because the Garden will be theirs:
they shall fight in the way of Allah and shall slay and be slain. It is a
promise which is binding on Him in the Torah and the Gospel and the Quran. Who
fulfils His covenant better than Allah? Rejoice then in your bargain that ye
have made, for that is the supreme triumph. Triumphant are those who turn
repentant to Allah, those who serve Him, those who praise Him, those who fast,
those who bow down, those who fall prostrate in worship, those who enjoin the
right and who forbid the wrong, and those who keep the limits ordained by
Allah." Quran 9:11-112
As I see it, the three aspects of
this lead to 7 further inter-connected aspects:-
(1)
Accountability, (2) Powers and abilities, (3) Area of Jurisdiction, (4)
Authority, (5) Specific Responsibilities, (6) Rewards & Penalties, (7)
Rules and guidelines.
Question:-
You said: "Each person is a
Vicegerent responsible to Allah." Vicegerent is a very strong word. I
agree I am responsible to Allah - but over what am I regent (even in a
vicegerent sense)?
Comment:-
Human beings, have the Spirit of
God in them (32:9) which makes them agents of God. They have responsibility for
themselves, others and the rest of creation, individually for whatever comes
into their field of influence, and collectively for this planet.
Question:-
You said:-
"It is part of the duty of the individual to choose a leader that will
best fulfil the vicegerency." Choice of a leader is surely a collective
decision in some sense. Do you mean that each individual chooses a leader
he/she will follow? How might differences of opinion be resolved?
Comment:-
Yes, it is the responsibility of
each person.
Differences of opinion are
resolved by mutual consultation and in the agreement to seek knowledge and
abide by Truth. This also involves seeking the guidance of someone who has
greater knowledge and wisdom. And it is the responsibility of those who have
greater knowledge to share it with others and guide those who have less.
Question:-
But, crucially, I see you as denying
the acceptability of corporate leadership (as in a senate or other deliberative
body). Do you feel that leadership must be embodied in a single person? If so,
does that necessity arise from the Qur'an (and if so
how) or is it an aspect of the Shariah (and therefore related to Quran at one
or more removes)?
Comment:-
As there is to be no compulsion in
religion and each person has direct responsibility to God, Islam favours a
federation, though this word should not have exactly the same meaning as in the
West.
As explained before, the Shariah
as the religious law or discipline is one of the three aspects of Islam, the
other two being based on Iman (faith) and Ihsan (righteousness). They are united in the Prophet but
differentiate further down the line.
The Shariah can be regarded as
having 7 sources, forming a line or succession:-
(1)Allah, (2) Quran, (3) Sunna of the Prophet, (4) the Third or Knowledgeable
Authority (4:59. (5) Shura and Ijma
- Councils, Conferences where mutual consuultation, discussion and agreements
and consensus take place. (6) Istihsaan and Istislaah - judgement of what is more relevant, suitable or
important and what is more conducive to the public interest, welfare and
development. It includes the necessity for social responsibility. (7) Urf and Adat - Practices and
Custom specially those of a righteous community.
The Shura
(level 5) should consist of persons who have virtue and expertise in various
matters. The last two are judgements by individuals but are also the concern of
the Shura. Influences pass both downwards and upwards
in this line and also horizontally at the same level.
The Shariah has an educational
function as well as an organisational and enforcing one on those who have
consented to accept it. It is concerned with maintaining a state of the
community that will encourage and facilitate human development while
eliminating factors that obstruct or counteract this. And to do this partly by
getting people to behave outwardly as if they were already inwardly spiritually
regenerated in the hope that this will modify them inwardly. The fact that so
called Islamic Law has failed to do this implies it is not Shariah and that is
the fault of human beings which is not irreversible.
Question:-
You said:-
"A community chooses a leader and the individuals in the community invest
their vicegerency in him. They are responsible for the leader and the leader
has responsibility to the community." In what sense can a community,
assuming they do agree on a leader, be "responsible" for the leader?
I read the Qur'an to say that a Muslim must not rebel
against the existing authority unless the authority forbids prayer (or is that
a Hadith?). That leaves room for an awful lot of misbehaviour by a leader
before a Muslim is allowed to resist that leader. How might an incompetent
leader be removed?
Comment:-
The leader is at level 4 above and
head of the Shurah (level 5). He can be regarded as a
bridge between, and representing the three levels above him and the three
levels below him. His function is to see that all things work correctly
according to the Guidance, that people are correctly guided and that all
information is passed to the people. No secret deals and conspiracies are
allowed.
The people are responsible for the
leader in that they support him and oppose him if he flouts the first three
levels. This, of course means that the leaders must be able to explain
themselves and educate the people. Influences pass upwards, downwards and
horizontally.
Question:-
You say the State is a machine. This
seems a VERY ODD picture of a "State". It seems to me that you are
using a computer as a metaphor for a State. Moreover it seems as though you are
setting up "intelligence" as something different than rules. Do you
mean that any attempt to lay down a set of rules is somehow not an
"intelligent" operation?
Every attempt I have encountered
to explain Islam, apart from the Sufis, explain how happiness is achieved by
obeying Allah's commands in the Qur'an and the Sunna
of the Prophet.
Or is that exactly what you meant?
That the Islamic state is indistinguishable from the rules of Islamic fiqh?
Comment:-
Intelligence (Aql)
can be defined as the power of adjustment or adaptation. "Setting down
rules" is the work of intelligence. Rules themselves are not. Rules are
like habits that obstruct intelligence.
The instructions in the Quran and
Sunna are guidelines. They have to be understood and applied with intelligence.
And they have levels. As already explained Islam has three levels - Shariah,
Faith and Righteousness, each previous leading to the next. Islam,
"Surrender to Allah" is not rules, but a state of being.
I did say that Islam does not
create a "State" as understood in the West. I have explained the
levels of the sources of the Shariah. Why is this so difficult to understand?
Question:-
There are comments I could make on
the material you have presented. On the whole I think I understand your point
of view about responsibilities and rights and the "covenant with
Allah". But, generally speaking, we are working at cross-purposes and I
will forego detailed comments. The problem arises because, it seems to me, that
your expositions move on a grand Platonic ideal level and my questions are down
at a grubby everyday practical level. Is that so? I gather that no one wants to
discuss the grubby details of the Shariah?
Comment:-
There is nothing Platonic about
Islam. The dichotomy between fact and values, the practical and the ideal does
not exist in Islam. Both are aspects of life, but there is a range owing to the
degree to which each dominates in different people. The Universe is not static
but moves from what is to what will be. It has purpose a direction of
development.
I do not find any "grubby
details". This is a subjective judgement. It is like saying we should
never discuss "faeces" though it is natural and has an important
function. I have discussed specific laws in some articles.
Question:-
But no one seems to wants to look
at the details of how a real Shariah state would be run. For example, I assume
that a Shariah state would be ruled by a single person and not some
deliberative body. Nothing wrong with this idea (unless you
have been listening too long to propaganda about "Democracy").
But how was that ruler chosen? No vague hand-waving, please. Explicit scenarios
about consultations and selections are what I seek.
Comment:-
In general, the Shariah is applied
only in small communities devoted to spiritual matters and varies with
different communities. This cannot be of interest to others. In the absence of
any working national examples, only principles, suggestions and outlines can be
provided.
Practical matters can be discussed
and applied if such a State comes into existence. It would be a gradual matter of
trial and error depending on the nature of the people. It would involve
education as well as organisation and law. The Prophet (saw), who provides an
example, did not impose a ready made system on people.
Some details have been explained
several times with some variations. One suggestion is as follows:-
Every local community should have
an Assembly such that all citizens have the right to attend and discuss matters
of common concern. They choose a leader according to certain criteria -
according to knowledge, virtue and ability. They could, perhaps vote for
several people and the one with the majority vote would be the head while the
others could be assistants. The Leader can also appoint advisers and give tasks
and responsibilities to others. In general a natural leader also educates and
guides the people. There is an upwards, downwards and horizontal motion of
influences.
The leaders from several local
communities form a higher Assembly, Level 2, that is
also organised in the same way. They leaders of these form a still higher
Assembly, Level 3, and so on. There is a motion of influences such as
information, decisions, and instruction downwards, upwards and horizontally.
The system is open
ended and not necessarily territorial. That is, the organisation can also be an
economic or cultural one - it could be an industrial firm, or an interest group
such as a Scientific Society. The same person could belong to several such
organisations and these can interpenetrate. In fact, as nothing can exist
separately, it is an advantage that industrial, scientific, civic, cultural,
educational, spiritual organisations should be inter-linked. The system can,
therefore, overlap national, territorial and other boundaries.
However, it is necessary to
establish experimental communities where ideas can be tried out, modified and
reformed.
Critic:-
I was
told that the Sharia is based on 600 ayat in the Quran. But I got no answer to
my enquiry as to which ayat these were, so I looked for them myself. I found
the following 390 ayat:-
2.172-173,
2.177-203, 2.216-242, 2.264-283, 3.27, 3.117, 3.129, 4.1-43, 4.58-59, 4.84-87,
4.92-94, 4.101-105, 4.116, 4.127-130, 4.135, 4.148, 4.176, 5.1-8, 5.33-40,
5.51, 5.57, 5.87-97, 5.101-108, 6.14-16, 6.21, 6.51-55, 6.71-74, 6.109, 6.146,
6.152-154, 7.31, 7.33, 7.158, 8.1, 8.34-36, 8.38-41, 8.59-62, 9.23, 9.28-29,
9.36-37, 9.60, 9.71, 9.73, 9.84, 9.123, 11.112-114, 16.90-95, 16.114-117,
17.23-39, 17.78-79, 18.23-24, 18.27-28, 22.26-38, 22.39, 22.66, 23.1-11,
24.1-10, 24.27-34, 24.58-64, 25.63-76, 31.12-19, 33.4-5, 33.49-55, 47.4-5,
49.1-12, 58.2-4, 58.7-11, 60.1, 60.7-13, 62.9-11, 63.10, 65.1-7
Different
passages in the Quran belong to different categories of discourse. One of these
categories is what I call "situational". By that I mean information
addressed to the Prophet himself as guidance in a particular situation. But the
Quran does not say that believers should imitate the Prophet. The Quran says
obey Allah and obey the Messenger. From such passages people have deduced that the
Prophet is intended to be the universal
role model. Be that as it may, the hermeneutical crux I have in mind is
how to interpret the situational passages.
Comment:-
The
Messenger is not for imitation but for guidance.
"O Prophet! Surely We
have sent you as a witness, and as a bearer of good news and as a Warner, and
as one inviting to Allah by His permission, and as a light-giving Lamp."
33:45-46
"Say: If you love Allah then follow me,
and Allah will love you and forgive you your sins, for Allah is Forgiving and
Merciful." 3:31
"Verily, you have in the Messenger of
Allah an excellent example for him who hopes in Allah and the Last Day and
remembers Allah much " 33:21
"O you who believe! Respond unto Allah and His Messenger when He calls
you to that which quickens you; and know that Allah comes in between a man and
his own heart; and that He it is unto Whom you shall
be gathered." 8:24
Critic:-
Consider
the verse called the verse of the sword:- “But when the forbidden months
are past, then fight and slay the Pagans wherever ye find them, and seize them,
beleaguer them, and lie in wait for them in every stratagem (of war).....
". The ayat 9.5 is clearly situational and applied, once upon a time, to a
particular situation the proto-Muslims were faced with. Thus, I maintain that
the sword ayat abrogated nothing at all, contrary to what some critics suppose.
It is not a command to Muslims in general. It is not a precedent anyone should follow and that it
applied to a single event.
Comment:-
(1) Not
all situations that the Muslim community under Muhammad (saw) had to deal with
are mentioned in the Quran. This situation is in the Quran because it is an
example of other similar situations that may arise.
(2) But
it is not to be taken out of context. It refers to the context of a defensive
war against attacks.
(3) More
over, it can also have an even more general symbolic meaning in that the attack
might be verbal or through other actions or it may refer to psychological
attacks by ideas within the persons own mind – there Pagans and Muslims
within a person’s own psyche as well as in the Muslim community and the
world as a whole.
To
understand the Sharia, and its relationship with the rest of the teachings of
the Quran it is necessary to understand the following:-
(1)
There is distinction between Allah who has the Absolute Truth, Virtue and Power
and the created world of relativities where there is a distinction of degrees.
There is no absolute distinction in the Quran (a) between teaching stories,
history, moral teachings, practical instructions, guidelines, recommendations,
laws, the useful, matters of procedure, statement of facts and value
judgements, or (b) between what is absolutely true or false, good or evil,
useful or harmful and what is conditional or dependent on the perception and
intention of people or (c) between different aspects of life such as crimes,
morals, private and social behaviour, etiquette, good manners, matters of
hygiene and even thoughts, motives and actions, and what a person does to
himself or to others. All behaviour is judged according to its spiritual effects
on the person himself and on others, these two being inter-dependent.
(2) The
Quran contains similitudes such that the particular is an example of the
general. So though the Quran mentions only a relatively small number of
particular things while the world presents a far greater number of different
things and events, analogical reasoning is required to extend consideration to
all other cases that may arise.
(3) The
Sharia is one of three parts of Islam:- Haqiqat (the
Truth), Tariqat (the Method or Way and Shariat (the Law). The Law exists to give order to the
community, to incorporate the Ideal, educate and instruct people as to what it
is and create conditions in which the spiritual life is made possible and
encouraged. It should lead to the next stage, the Tariqat, where deliberate
conscious action based on correct motivation and understanding are cultivated.
This in turn should lead to the third stage where the nature of the person is
transformed and he is a Muslim in fact.
(4) The
Quran can be seen as having three levels:- (i) The
World View – The Primary Principles or basic concepts e.g. Allah, Surrender, Vicegerency, the nature of
man and his responsibilities, the nature of good and evil. (ii) The Secondary
principles, the notions of Truth, Compassion, Justice, the rights and duties.
(iii) The Tertiary principles, which are methods ensuring the operation of the
secondary values. This refers to the way things are organised. (iv) The particular conditions and the specific laws which
prescribe punishment and reward for specific actions or inaction. Judgements
can be based on any of these levels.
(5) The following features are important:- (a) Nothing can be forbidden that is not expressly
forbidden. (b) No one is guilty unless proved to be so. (c) The intention
behind the act makes people culpable but they do have the responsibility to
ensure as far as possible that their actions have good rather than evil
results. A distinction is made between what is forbidden, disapproved of,
allowed, recommended, and obligatory. Some things that are bad are forgivable
under certain conditions, e.g. stealing when under necessity, killing in
self-defence and war. Other things that are normally good can be bad under
certain conditions e.g. helping criminals.
(6) The Quran
requires obedience to Allah, the Prophet and those in Authority (4:59). That is
the order of priority. The Quran contains mainly general principles, but the
Prophet adapted and applied these to the conditions of life he found himself
in. The Sharia is derived from the Quran (the Word of God) and Sunna (the
Traditions of the Prophet), but it is an interpretation by the third Authority.
Though the systems of certain past authorities have become sacrosanct causing
Islam to become stagnant, there is no reason to suppose that such
interpretations and adaptations cannot be done by present day authorities with
the appropriate qualifications.
(7) The
construction of the Sharia is the concern of those who know, understand and
apply the Quran and have the experiences connected with the practice of Islam
and of the community of Muslims. It must be done with pure motives on objective
principles and cannot be done on the basis of whim, prejudice, expediency,
self-interest, ignorance, or competition for power.
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