Salaam and peace, all –
Here are the previous Three Questions At A Time installments. They are meant to be read in succession to get a better understanding of Islamic teachings and the lives of Muslims (scroll down to Part I if you haven’t already). If you would like more information about these topics, please feel to ask, and/or ask your local Imam/Islam scholar. Disclaimer: I am not an Islamic scholar, and Islamic texts are often referred to in order to answer most questions.
Previously, it was mentioned that the three major themes of the Qur’aan are:
A) The Oneness of God (Tawheed)
B) Building Good Character (Akhlaq)
C) Islamic Legislation (Shari’ah)
19) What is Shari’ah?
The literal/root meaning of shari’ah is the way to water. The contextual meaning is the sum total of the sources for Islamic law, which are basically the Qur’aan and the Sunnah/tradition of Prophet Muhammad’s life (which serves as a manifestation of how to live according to Qur’aanic teachings). Shari’ah, therefore, cannot change. The term fiqh (literally meaning to understand) is used for how these sources are used and to derive Islamic law; it can change through time/place to a certain degree.
Muslims believe that God is the Creator of us all, knows everything, is capable of everything, and is testing us in this temporeal life (with loss and with blessings, to test us). We also believe in the Day of Judgment, and in Heaven and Hell, much like other Abrahamic traditions. God has provided guidelines for us to live our lives by, in the form of revelations. Because earlier holy books have been changed in some form or another, Muslims use the last revelation (Qur’aan) of God for Islamic legislation. In addition, the life of Prophet Muhammad (saws) further supports/explains how to live our lives in accordance to God’s last revelation. Muslims also believe that God is Just, Loving, Merciful, All-Knowing – to the extent that what He loves is ultimately what is best for His creation. Much like your car or water heater or dialysis unit or whatever has instructions for proper usage, the sacredness of human life has sacred instructions that are meant to be followed to reap the most benefits from it.
So if you were to ask my mother why she prays five times a day (as opposed to 10 times/day or never), she’d say she follows the guidelines of the Shari’ah. If you were to ask my father or husband why they hardly *ever* lose their patience, even when driving in the Muslim world (you have no idea what that really means until you’ve done it), they’d say they try to uphold the values of the Qur’aan, as taught by Prophet Muhammad (“Do not get angry.”) If you were to ask my friend Ashley (name changed to protect her privacy) why she continues to honor her mother after she was kicked out of the house for converting to Islam as a teenager, she’d say because as Muslims, we are taught to honor our parents after God. If you were to ask my brother why some of his earnings go to putting his wife through nursing school (in addition to feeding, clothing, and sheltering his family), he’d say it’s part of the characteristics of a good Muslim husband, recommended by the shari’ah. If you were to ask my sister why she does not lie, cheat or discriminate when dealing with her employees, she’d say that part of it is because of shari’ah guidelines. If you were to ask me why I choose to wear loose clothing and a headscarf, I’d say it’s asked of Muslim women in the Qur’aan. If you were to ask a Muslim judge in a Muslim country why a rapist should be killed for his crime (if the judge actually knew/applied shari’ah correctly, which is not always the case, unfortunately), s/he would say because this was one of the ruling of the Sunnah. Thus, shari’ah law is both personal and public (if a major crime is done in public), with the vast majority of Islamic law pertaining to personal law (between a believer and God).
20) So why is “shari’ah” so often connected to corporeal punishment (public crimes, 0nly) in the media?
Simply put, to cast fear of “the other” into the hearts and minds of the American people and those who have not studied Islam from authentic sources. As mentioned, Shari’ah is aimed mostly at private/personal laws. (Nice try, Pamela Geller).
The aspect of shar’iah and fiqh that deals with major crimes against humanity is called Hudood. Hudood crimes (like murder, rape, highway robbery/brigrandry/terrorism, adultery, theft, drinking alcohol) are actually few in number compared to daily aspects of life that shari’ah is meant to guide. Although misused in recent generations, it is actually Biblically-derived, imposes the most serious punishments for serious crimes, requires a high number of witnesses, and therefore, was rarely carried out during the life of Prophet Muhammad (pbuh). Here’s why: besides the fact that the first generation of Muslims best applied an Islamic lifestyle since the prophet was their direct teacher, a person living under Muslim rule in a Muslim country that applies Shari’ah law could literally commit adultery (or acts of homosexuality or drink alcohol) in the privacy of his/her own home, and that would be between him/her and his/her Lord. If that person decides to commit adultery out in public, and at least four witnesses witness the actual act (I won’t get into graphic detail, but let’s just say, it’s tough to prove adultery), then that couple (man and woman) is subject to the regulations of Shari’ah if brought to court. A judge cannot go and summons a man and/or woman without such strict criteria. And corporeal punishment was not something Prophet Muhammad (pbuh) looked for. When it was carried out, it was a big deal, meant as a deterrent for future criminals.
Today, we see death in shows, games, movies – for entertainment purposes. We are desensitized to the sacredness of human life. Although major crimes eventually became rare crimes in Arabia, I cannot say the same for the country I was born into (the U.S.), and cannot begin to describe the negative effects of say, adultery or murder on the victims and/or children who have been affected by it (the link between stable homes and crimes is hugely studied in the U.S., but rarely talked about). Hudood law is therefore meant to reduce crimes and support stable families and communities, the very basic components of just nations. However, what you do in the privacy of your own home is between you and your Lord (i.e., it’s no one else’s business).
21) What are your thoughts on the current debate on the place of Shar’iah in America?
If the GOP wants to create or support an environment of fear, let them (I just won’t be supporting such candidates), but it’s not exactly helping us, as a nation. Jobs, education, the environment, and science/technology seem much more important to the future of America.
As mentioned in many of the articles I’ve linked here, shar’iah law is not meant to be enforced in a non-Muslim society or on private acts (that is between us and God). It necessitates having an Islamic ruler (have we established that President Obama is not a Muslim yet? Yes, ok, moving on). While I still want the right to ask for court judgments based on my religion when it comes to personal and family law, and believe that the American lifestyle is most conducive for applying personal shari’ah law (freedom of religion), especially when it already does for other religions, I still contend that America is not an Islamic country, and therefore, cannot rule by Shari’ah law over its people. Anti-shari’ah movements in the U.S. seem to be an affront on personal freedoms of Muslims, moreso than on anyone’s promotion of hudood punishments for major crimes. Of course, there’s always the option of moving to a Muslim country, but which one ? (Saudi’s ban on women drivers is not Islamic, Pakistan’s punishment of rape victims is not Islamic, Iran’s conviction of a woman for adultery without shari’ah-approved restrictions is not Islamic, Afghanistan’s slow growth in female education/rights is not Islamic, Turkey’s ban on the headscarf for women entering universities or government jobs is not Islamic, Egypt’s ban of Islamic channels and public discourse during the end of Mubarak’s regime was not Islamic). The main reason so many American Muslims choose to stay is because of basic freedoms that should be protected in any country (and may not be “back home,” unfortunately; indigenous Muslims have no other home, although a few are willing to leave if the current atmosphere of hate continues to worsen). Let’s hope America continues to do so…