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Wednesday, February 27, 2013

Genesis of Sharia law


Originally Published in July 2010 at Huffington Post with the Title, Sharia Laws, not in America


American Muslims have placed their trust in the American justice system and will continue to oppose Sharia laws as they are currently applied in a few Muslim majority nations across the globe. The right wingers are duping Americans to believe that Muslims want that kind of Sharia law here in America, they are wrong, no Muslim organization in America has asked for it, none.  I will be one of the first ones, if not the first one, to stand up against Sharia for public, however, I support Sharia for personal use of people to square off their conflicts. We are Americans and the law of the land is our law. There is no substitute for it.

Sharia in its simplest form is a how-to-serve-justice manual based on the Qur'an and the Hadith (Prophet Muhammad's sayings and life examples). Indeed, it is a human effort to understand the concept of justice enshrined in Qur'an for the day-to-day living. Sharia like all other human laws, including the laws of the United States has its own shortcomings when it comes to just applications of the law. However, the world has evolved* but Sharia is frozen in times.

Here is the genesis of Sharia Law.

After the death of Prophet Muhammad and the first four 'rightly guided' Caliphs,  the new community was grappling with the unique issues and were battling within to ensure that no one is denied justice. The desire to be absolutely just was overwhelming.. 



Allah commands justice and good conduct [Quran 16:90; 4:58]. You should stand firm in justice, even if it goes against yourselves or parents and relatives. Follow not your personal inclinations, lest you not be just [4:135, 6:152]. And do not let the hatred of someone prevent you from being just towards him [5:8]. You should do justice in all circumstances without any bias, discrimination or prejudice whether the outcome goes against you or your loved ones, or in favor of your rivals. 


Each issue was different and the decisions were customized to one's situations, it required a full time judge to study the books thoroughly before a recommendation was made. The scholars of the time were challenged to cut down the margin of error in such decisions by standardizing the process to render judgments on a daily basis to meet the growing demand for justice.
  
The scholars of the time met the challenge and created a body of knowledge as supplementary guidance and established the standards of moral conduct. Sharia laws were designed to be free from misapplications and regret-free decision-making processes.


From a layperson's point of view, Sharia is divided into a personal and a public function. The personal Sharia is about the relationship between an individual and the creator, whereas the public Sharia is about the relationship between the individual and the society.

The personal Sharia deals with beneficial actions that should be performed by individuals, such as prayers, fasting, pilgrimage, Hajj, and Zakat (tithe, or charity). It is indeed a guide for individual Muslims to observe and follow their faith.

The public Sharia deals with the community affairs involving more than one individual, such as marriage, divorce,  adultery, theft, conversion, apostates and inheritance.

The intent of the Sharia laws was to construct a complete justice system with fairness to all members of society. Peace and a sense of security are the products of justice in a given society. The violations of justice and the rule of law are found in every faith, culture and political system, to varying degrees. In this respect no community is free of blame and no one can cast the first stone against another community.

However, like all laws, the Sharia for public application needs a serious revision to reflect the changing needs of society. The values enshrined in the Qur'an are dynamic, and because Sharia laws are derived from the Qur'an, they must reflect the dynamic applicability of the book. In modern times, the contentious issues that have most often recurred stem from treatment of divorce, women's rights, inheritance, theft, adultery and apostasy.

Even here in America, laws originally framed with the intention of ensuring liberty and justice for all were misapplied for over a century after they were written, resulting in a serious denial of rights to women and slaves. It is only in the last 75 years that we are tuning ourselves to the intent of our constitution. A woman is no longer considered a chattel, and slavery has become an outlawed practice. As of right now the rights of individuals with different sexual orientations are at the center of the debates as much as accepting a woman president in our country. In terms of capital punishment we are still evolving; we are behind Europe and we remain as antiquated as Saudi Arabia in putting people to death.

But even as we speak today there is yet another speculative issue that has been brought up: the issue of application of Sharia laws here in our country. This contentious debate is largely a product of the right-wing media and many a fearful neoconservatives. As an American Muslim who has  traveled throughout this country, I can strongly affirm that no group of American Muslims has called for the application of Sharia laws in America. Although a few individuals may have expressed their support for compliance with the laws here in our country, they have nevertheless remained avid supporters of the laws and freedoms of the United States.

The Sharia industry has been built with strong fortifications, to the point that many Muslims are led to believe that Sharia law is divine. In this way the application of Sharia throughout history can be comparable to the business protection plans used by defense, tax preparers and other industries, where the involved matters are made so complicated that they are needed by the society.

The brouhaha about Sharia Law by many a congressman and lelegislators is really ridiculous, these legislators who are introducing the bills in different states to ban Sharia laws are as neanderthalic as some of the Talibans.  Hear me out, if you and your spouse file for divorce, the judge will not bang his gavel and say, its done. Efforts will be made for you to find reconciliation and alternate services such as arbitration, psychological counseling and pastoral counseling,  hoping you may find the magical moment to reconcile. Add to that Rabbinical counseling where the Rabbi counsels the Jewish couple to bring them back together,  so Muslims are asking an option of having a Imam counseling. What the hell is wrong with that? Enough is written about it on the right pane of this site. 


Islam teaches each individual to be accountable for his or her actions. We do not need a Sharia industry, and Islam certainly does not have clerical establishment built into it, nor is there a need for one.

We can retain the private Sharia and let go of the public Sharia; the civil laws of our nation provide ample justice, and we don't need a duplicate system. Sharia law was never considered divine to begin with. Hence, there is no need to even dream about it.

American Muslims have placed their trust in the American justice system and will continue to oppose Sharia laws as they are currently applied in many places across the globe. I will be one of the first ones, if not the first one, to stand up against it. The Muslim majority in America is happy with the American system and does not want to have Sharia law here in America.

This may be bad news for the likes of Pamela Geller, Robert Spencer,  Bridgette Gabriel, Glenn Beck, Sarah Palin, John Hagee and a host of other right-wingers, who thrive on selling hate and painting chaotic scenarios. It will hurt their sales and affect their cash flow. They cannot dupe Americans with unsubstantiated and statistically insignificant claims. Americans are trained to see another point of view and to be non-judgmental.

However, I urge the passionate neocons to become ambassadors of peace in mitigating conflicts and nurturing goodwill. It will not make them as much money, but they will be able to sleep in peace. We all need to work for a safe and prosperous America with a focus on social cohesion and removing the division and wedges between us.

As a Muslim I stand against Sharia for public consumption, but allow for personal use for people to square their conflicts. We are Americans and the law of the land is our law. There is no substitute for it.

Mike Ghouse is a speaker, thinker and a writer on pluralism, politics, peace, Islam, Israel, India, interfaith, and cohesion at work place. He is committed to building a Cohesive America and offers pluralistic solutions on issues of the day at www.TheGhousediary.com. He believes in Standing up for others and has done that throughout his life as an activist. Mike has a presence on national and local TV, Radio and Print Media. He is a frequent guest on Sean Hannity show on Fox TV, and a commentator on national radio networks, he contributes weekly to the Texas Faith Column at Dallas Morning News; fortnightly at Huffington post; and several other periodicals across the world. His personal site www.MikeGhouse.net indexes his work through many links.
 

2 comments:

  1. you can go through another article with a name shariah and finance that posted on article Base...Shariah Adviosry

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  2. Islamic voices like the one here claim to cry out against Sharia Law stating it could never come to America. However, consider that the legal system of this land is under attack as well as the Constitution by the radical left. One needs only to look at the current scandals taking place in the DOJ to see the agenda of the left to change the very foundations of this country. Voices that would challenge their radical agenda are ridiculed and dismissed as in this article. These actions demonstrate a "change in the wind" of this country like never seen before indicated by growing intolerance of conservative voices (note the current legal actions against Fox News reporter naming him as a co-conspirator/ IRS actions against conservatives to receive 501 3c considerations). Add to the agenda of the radical left with a growing Muslim population, whose agenda will not be set by conservative voices within Islam but will ultimately be hijacked by militant voices as it always is (note the Muslim Brotherhood takeover of Egypt, the resurgence of the Taliban in Afghanistan), can anyone out there realize the dangers we face? The U.N. even wants to make any condemnation of Islam a crime. Twenty states have passed legislation stating that Sharia Law will not have any jurisdiction over their state law, and have been ridiculed (by the Left) for doing this. Maybe conservative voices should be given a second listen...maybe they aren't crazy or fanatical, maybe they are in touch with reality on this subject. After all, you do realize Mike Ghouse that Sharia Law already has jurisdiction in some large Islamic populated communities in Europe as authorities look the other way. Is this a sign of the times that could come to America? Don't dismiss the notion too quickly.
    Z.

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