Mainly viewed as another synonym for ‘brutal oppression’ and ‘backwardness’, the term ‘Shari’ah’ is one of the most widely used and abused terms in the current western discourse on the Muslim world. This notion of Shari’ah currently prevails across the world mainly due to the intense focus it has been given by the western governments and the media. It is even echoed by the media and the ruling elite in the Muslim lands. This is all happening at a time when the number of Muslims yearning for the implementation of Shari’ah in their lands is on the increase. This desire to live under Shari’ah reflects the Muslim Ummah’s growing understanding of the obligation to have every aspect of their lives governed by the laws of their Creator. It is therefore imperative to have a clear understanding of the nature of Shari’ah and how it is to be implemented.
Shari’ah and its Applicability for all Times
Linguistically, the word Shari’ah means a never-ending source of water from which people quench their thirst. This meaning is of great significance to the term Shari’ah in the context of Islam where it refers to the body of rules derived from the legislative sources of Islam (i.e. the Qur’an and the Sunnah) that covers every action performed by an individual or a society. Hence it deals with the relationship between Man and Allah سبحانه وتعالى, Man and Himself, and Man and Man. It therefore covers every aspect of human life be it related to morality, cleanliness, ritual worships, economics or politics. Just as water is vital for life, the Shari’ah is essential for guiding humanity.
Unlike man-made systems devised by human beings who are limited in their abilities and are very much influenced by their own needs and the prevailing situations of their time, the Islamic Shari’ah is from the Creator of mankind who is without any such limitations. For this reason, the system of life given by Him addresses human beings in accordance with their natural makeup taking into account their instincts and organic needs. Whatever the time and place, the nature of a human being remains the same in this respect. His innate needs, such as the need for food, clothing, shelter or the instinctual need for survival, justice and security remain constant throughout time. Also, regardless of whether a human being is living in the 7th century, 14th century or the 21st century, the relationships he/she formulates will fall under the three categories previously mentioned (i.e. Man and Creator سبحانه وتعالى, Man and Himself and Man and Man). Since the Shari’ah covers these three aspects of life, it treats the affairs of human beings in their entirety without leaving anything to conjecture. Allah سبحانه وتعالى says,
وَيَوْمَ نَبْعَثُ فِي كُلِّ أُمَّةٍ شَهِيدًا عَلَيْهِم مِّنْ أَنفُسِهِمْ وَجِئْنَا بِكَ شَهِيدًا عَلَى هَـؤُلاء وَنَزَّلْنَا عَلَيْكَ الْكِتَابَ تِبْيَانًا لِّكُلِّ شَيْءٍ وَهُدًى وَرَحْمَةً وَبُشْرَى لِلْمُسْلِمِينَ
“And (remember) the Day when We shall raise up from every nation a witness against them from amongst themselves. And We shall bring you (O Muhammad) as a witness against these. And We have sent down to you the Book as an exposition of everything, a guidance, a mercy, and glad tidings for those who have submitted themselves.” (An-Nahl, 16:89)
This is very different to philosophies of life that emanate from minds of human beings. An example is that of John Stuart Mill, the famous nineteenth century champion of freedom, who called for ‘experiments of living’. He wrote,
‘As it is useful that while mankind are imperfect there should be different opinions, so is it that there should be different experiments of living; that free scope should be given to varieties of character, short of injury to others; and that the worth of different modes of life should be proved practically, when any one thinks fit to try them.’ On Liberty (1859).
The idea here, being that people need to experiment with different modes of living in order to find out how to improve human lives. In Islam, there is no such need for a trial and error approach since the mode of living is prescribed by the Creator of Mankind who is All Knowing, All Hearing. His Shari’ah is applicable for all time since, unlike His creation, His knowledge is neither restricted to a set period in time, nor is it influenced by political, social or economic conditions of a certain time.
Moreover, the legislative sources from which Shari’ah rules are derived possess certain characteristics such as the following that give them relevancy for all time.
1. The Qu’ran and Sunnah combined are viewed as a legal text that allows the Mujtahid to derive rules for issues not mentioned directly in the text based upon a valid methodology. For example, Allah سبحانه وتعالى says,
فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ
“Then if they suckle (children) for you, give them their recompense” (at-Talaaq, 65:6)
This ayah states that payment should be made for breastfeeding. However, from the text the following rules or principles can be derived: Payment is extended to any hired employee such as a government employee or a labourer in a factory. Also, the wage had to be defined in the contract and employees should receive their wage without any delay upon fulfilling contractual obligations.
2. The text in many cases provides an illah (legal reason) that make it possible for the Mujtahid to extract rules for other cases that share the same illah. An example is the ayah,
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نُودِي لِلصَّلَاةِ مِن يَوْمِ الْجُمُعَةِ فَاسْعَوْا إِلَى ذِكْرِ اللَّهِ وَذَرُوا الْبَيْعَ ذَلِكُمْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
“O you who believe, when the call is proclaimed for the prayer on Friday, come to the remembrance of Allah and leave trade. That is better for you if you did but know.” (Jumu’a, 62:9)
This ayah is telling the believers that trade is forbidden when the adhan is called for the ju’mah prayer. The illah here is ‘distraction from prayer’. In accordance with the illah, any activity that acts as an obstacle to a person praying the ju’mah prayer is forbidden. There exist however, specific guidelines for recognizing the illah mentioned in the text implicitly or explicitly.
3. The text sometimes includes specific phrases which make the text relevant for all times. Allah سبحانه وتعالى says,
وَالْخَيْلَ وَالْبِغَالَ وَالْحَمِيرَ لِتَرْكَبُوهَا وَزِينَةً وَيَخْلُقُ مَا لاَ تَعْلَمُونَ
“And (He has created) horses, mules, and donkeys, for you to ride as an adornment. And He creates things of which you have no knowledge.” (An-Nahl, 16:8)
The ayah lists some animals as being halal to use as a means for transportation and as objects of adornment. However, the meaning of the ayah includes any means of transportation that could be developed and this understanding is taken from the last part of the ayah.
Shari’ah: A Value Based System
The aim of the Shari’ah rules is to achieve the protection of human life, mind, human dignity, private property, religion, security and state. It does this by establishing a set of values for Muslims to live in accordance with. These values (along with the rules and punishments that protect these values in society) have the ability to deal with all kinds of societal problems such as crime, family breakdown, oppression of women and so on. To highlight this point further, a brief comparison will be made with the current values that are put forward by many as the only way forward for humanity, namely the liberal concept of freedom and the values of individualism that emanate from it.
In the western liberal societies, priority is given to the individual at the expense of the wider society. This has lead to the formation of a culture obsessed with individual freedom where the self-indulging mindset has been the cause of various social ills in society such as family breakdown or ‘fatherless families’ as termed by some. Rebecca O’Neill (2002) in her study on fatherless families writes,
‘In the 1970s and 1980s many people argued that the traditional family – based upon a married biological father and mother and their children – was outdated. Under the guise of ‘freedom of choice’, ‘self-fulfillment’, and ‘equal respect for all kinds of families’, feminists and social rebels led a campaign to experiment with different family structures. Sometimes it was claimed that women and children did not need men, and were, in fact, often better off without them. On occasion it was said that families were not breaking down, they were just changing; that the most important thing for children was their parents’ happiness and self-fulfillment; and that children were resilient and would suffer few negative effects of divorce and family disruption…. As the idea that mothers and children did not need fathers took hold, many social and legal supports for marriage weakened. Some mothers and children were simply abandoned. Some fathers were pushed away.’
Justice Coleridge, the judge in charge of family courts across South West England depicted the following dismal picture of family life in the UK in a speech given to family lawyers from the organisation “Resolution”,
‘A large number of families now consist of children being brought up by mothers who have children by a number of different fathers, none of whom take any part in their lives or support or upbringing…These are not isolated one-off cases. They are part of the stock-in-trade of the family courts…Almost all society’s ills can be traced directly to the collapse of family life.’ (2008)
The collapse of family life is the product of a culture in which the values of ‘freedom of choice’ and ‘individualism’ become the sole values of a society. Marriage becomes a burden laden with responsibility, commitment and loyalty which naturally curb on a person’s freedom. Various studies conducted in the UK such as the annual study by management consultants Grant Thornton show that extra-marital affairs topped the list on the main causes for divorce. Instead of finding ‘happiness and self-fulfillment,’ surveys have shown that when compared to two parent families, lone mothers were poorer, more likely to suffer from stress, depression and other psychological problems, have more health problems and may have more problems interacting with their children. The impact on children has been far from ‘a few negative effects’.
As Justice Coleridge said in his speech, “… I am not saying every broken family produces dysfunctional children but I am saying that almost every dysfunctional child is the product of a broken family.” Quite understandably, a report by social policy charity the Joseph Rowntree Foundation stated that, “People are concerned about the way our society has become more individualistic, greedy and selfish, seemingly at a cost to our sense of community.” (2008).
In Islam, individualism is replaced with the mentality of responsibility towards others. The Prophet صلى الله عليه وسلم said,
“Beware! Each of you is a shepherd and each of you is responsible and answerable for his flock. The leader and the ruler is a shepherd over the people and shall be questioned about his subjects (as to how he conducted their affairs); a man is a guardian over his family and shall be questioned about them (as to how he looked after their physical and moral well-being); a woman is the guardian over the household of her husband and his children and shall be questioned about them (as to how she managed the household and brought up the children); a servant is the shepherd of his master’s property and shall be questioned about it (as to how he safeguarded his trust). Beware! Every one of you is a guardian and every one of you shall be questioned with regards to his trust.” (Bukhari and Muslim).
Hence, once applied at societal level, the Shari’ah promotes the idea of “strong marriages”, “motherhood”, “fatherhood”, “rights and responsibilities of parents” and “rights and responsibilities of children”. It does this by building a mindset of accountability towards the Creator from which values such as chastity, loyalty in marriage, and a sense of responsibility towards others and for one’s actions arise. These values along with the Shari’ah rules regarding the dress codes for men and women, segregation of the sexes and the prohibition and punishments for fornication, adultery and slander against the reputation of an individual, aim to ensure the formation of a harmonious environment where children and their parents alike are secure in their knowledge of their rights and responsibilities towards each other. This in turn leads to development of trust and respect between them. Unlike a society based on the concept of freedom and individualism where individuals are given preference over the community, the Shari’ah promotes a society in which harmony, safety and respect for the community at large are of utmost importance. It does this by promoting and protecting values that are in sharp contrast to the western liberal values.
Partial Implementation of Shari’ah
The ever increasing call by Muslims for the implementation of Shari’ah baffles those in the non-Muslim world who are constantly fed with images by the media of barbaric acts of torture and cruelty committed in its name. The current situation in Muslim countries where Shari’ah is partially implemented no doubt provides plenty of food for the media. Numerous examples are quoted of how in Nigeria unmarried girls and widows or divorced women who get pregnant even by rape, are flogged or sentenced to death by stoning.
In Pakistan hundreds of women are jailed under adultery and blasphemy laws. Recently, in the Malakand Division and Kohistan District of Pakistan some changes have been made to the judicial system which has publicly been reported as implementation of Shari’ah in the region. The makeshift Shari’ah courts are shown to swiftly order lashes and death sentences for those seen to be violating the law.
Ziba Mir Hosseini, author of Islam and Gender, said in an interview given to WomenagainstShari’ah.com, “We do not have in modern times any state which has introduced Shari’ah and has been able to respect women’s rights.”
What people like Hosseini fail to understand is that it is the selective implementation of Shari’ah as well as lack of knowledge of how and when to apply a rule that causes oppression not just for women but for the society at large. Contrary to the present situation, the Shari’ah leaves no room for false conviction or unjustified punishment due to the heavy burden of proof that is required for the execution of punishments. This is because the role of the punishments is primarily to act as a deterrent. Therefore, any shred of evidence that is doubtful will prevent the punishment.
It is narrated in the Seerah (life) of Prophet Muhammad صلى الله عليه وسلم how he would exert himself to avert the punishment when individuals asked for the punishment to be implemented upon them.
Aiesha narrates that the Messenger of Allah صلى الله عليه وسلم said: “Avert the punishments from the Muslims as much as you can, so if the accused has any way out let him go free, because it is better for the Imam to make a mistake in forgiving than to make a mistake in imposing the punishment.”
As a result of partial implementation of Shari’ah, there is a clear discrepancy in the Muslim countries between the values of the society and its rules and punishments. For instance, we see the value of chastity constantly undermined by public display of promiscuous material under the guise of ‘entertainment’, free-mixing of the sexes in private space, disregard for the Islamic dress code, a lack of understanding and respect for Islamic rules such lowering of the gaze . In such a situation, implementation of the Islamic punishments for adultery/fornication goes against the rules implemented in that society that do not aim to protect the value of chastity. The nature of the Shari’ah is such that the both the rules and the punishments are supposed to protect the values of the society. The purpose of the Shari’ah is to block the avenues that lead to crime; it is not to tempt people to commit the crime only to severely punish them afterwards.
The Islamic system therefore is inter-connected where one part helps the implementation of the other part. It can be seen how the implementation of the Islamic punishment for adultery/fornication necessitates the implementation of for instance the Islamic Social System (that organizes all the relationships and interactions between men and women) and the Islamic Education System (the purpose of which will be to develop Islamic personality in thought and behavior). Similarly, there is a general principle in Islam that a thief’s hand should be cut off. However, if the individual steals food while hungry then this general principle is not applied in this particular situation. A misapplication of the Shari’ah is applying this punishment while at the same time implementing an economic system based on capitalism which thrives on exploiting the masses in order to fill the pockets of a handful of capitalists. All the Islamic rules laws must be in place for the Islamic punishments to be executed.
Moreover, Islam has categorically stated that it is haram for the Muslims to accept or implement the Shari’ah partially:
أَفَتُؤْمِنُونَ بِبَعْضِ الْكِتَابِ وَتَكْفُرُونَ بِبَعْضٍ فَمَا جَزَاء مَن يَفْعَلُ ذَلِكَ مِنكُمْ إِلاَّ خِزْيٌ فِي الْحَيَاةِ الدُّنْيَا وَيَوْمَ الْقِيَامَةِ يُرَدُّونَ إِلَى أَشَدِّ الْعَذَابِ
“Then do you believe in a part of the Scripture and reject the rest? Then what is the recompense of those who do so among you, except disgrace in the life of this world, and on the Day of Resurrection they shall be consigned to the most grievous torment.” (Baqara, 2:85)
Gradual Implementation of Islam
Similarly, in Islam there is no place for believing that although all the Shari’ah rules must be applied in a society, it can be done gradually. As mentioned previously, the Islamic rules are inter-connected where the application of one part depends on the application of other parts. Gradual implementation naturally involves selecting certain rules to be applied at one time while leaving the others to be applied at a later time.
Allah سبحانه وتعالى tells us in the Qur’an,
الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الإِسْلاَمَ دِينًا
“This day I have perfected your Deen for you, I have completed my favour upon you and have chosen Islam for you as your Deen.” (Al-Maaida, 5:3)
After the revelation of this ayah, the Muslims became solely obliged to apply and execute all of the Islamic rulings without any exception. Allah سبحانه وتعالى has also states,
وَأَنِ احْكُم بَيْنَهُم بِمَا أَنزَلَ اللّهُ وَلاَ تَتَّبِعْ أَهْوَاءهُمْ وَاحْذَرْهُمْ أَن يَفْتِنُوكَ عَن بَعْضِ مَا أَنزَلَ اللّهُ إِلَيْكَ
“And judge between them with what Allah has revealed and do not follow their desires and beware that they do not divert you from any of what Allah has revealed.” (Al-Maaida, 5:49)
This is a decisive order from Allah to the Prophet صلى الله عليه وسلم and to the Muslim rulers after him, of the necessity of ruling with all the rules which He سبحانه وتعالى has sent. The expression what (ma) which is mentioned in this verse of the Qur’an implies generality and therefore includes all the revealed rulings.
In another verses, Allah سبحانه وتعالى tells us,
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللّهُ فَأُوْلَـئِكَ هُمُ الْكَافِرُونَ
“Those who do not judge by what Allah has revealed, then they are the Kafiroon.” (Al-Maaida, 5:47)
We find that the Prophet صلى الله عليه وسلم never applied the rules gradually. A rule was applied as soon as it was revealed. There was no concept of people not being ready for it or the situation not being ripe for the implementation of all of the rules. A clear example is that of the Prophet صلى الله عليه وسلم not accepting the request of Banu Thaqeef to leave their idol Al-Lat for three years or accepting their request to be excused from praying salah as a condition for entering Islam. Instead he insisted on destroying the idol immediately and did not allow them to leave salah. Likewise, when the Khulafah ar-Rashideen implemented the rules of Islam on the conquered countries, they implemented the rules all together, without any delay. They never allowed haram actions to take place along with the halal actions as is the case with gradual implementation.
The Shari’ah rules can never be implemented comprehensively by attempting to apply them under the ruling regimes that take a creed other than the creed of Islam as their premise. We can see today that the regimes in the Muslim world are capitalist in their nature and are built upon a secular creed which advocates the separation of religion from life’s affairs. Any attempt to apply the Shari’ah comprehensively under such circumstances will inevitably lead to compromise due to fundamental contradiction between the Islamic creed and its values and the secular creed and its values that are currently made to prevail in the Muslim countries. In reality, Shari’ah can only be applied immediately and comprehensively by replacing the current system with a state that will take the Islamic Aqeedah (creed) as its foundation from which will emanate the Islamic values along with the rules related to every aspect of life (be it social, economic, judicial, educational, related to foreign policy, etc). The Islamic state will also be responsible for spreading the message of Islam to the world. This is how the Shari’ah was applied in the past and this is how it must be applied now.
Application of Shari’ah and Progress
The misconception that application of Shari’ah in society will lead to backwardness in terms of material progress and advancement has no base when considering the Islamic history which is an open testament to the vast array of achievements that were made in all spheres of life under the shade of Shari’ah. We can see how as early as the Prophet’s time, Muslims utilised the existing technology and advancements made by other nations of that time. For instance, the Muslims acquired the know-how of building a trench from Salman Al-Farsi during the Battle of the Trench. This technology was an invention of the Persians, the second superpower of that time. Also Prophet Muhammad صلى الله عليه وسلم sent some of his companions to Yemen to learn how to make swords. It is narrated that the Prophet صلى الله عليه وسلم said with regard to cross pollinating the date palm, “You are more knowledgeable about the matters of your world.”
We see how the sciences flourished under Shari’ah. The Muslims became the most advanced in the world in various fields such as mathematics, geometry, medicine, natural sciences, etc. In medicine for instance, Muslims demonstrated circulation of the blood, developed the theory of optics, and published the first clinical account of smallpox. Two medieval Muslim physicians, Ibn Sina (Avicenna) and Ibn Rushd (Averroes), were the ultimate authorities on medicine until recent times. The Muslims also excelled in other fields such as agriculture. In the 8th and 9th century, Iraq under Shari’ah had a population of 30 million, 80% of whom were farmers, with modern irrigation systems, from the rivers Tigris and Euphrates. The ration of yield of seed for wheat in the Muslim world was 10:1 compared to 2.5:1 in Europe. In Islam, technology of any kind that leads to material progress is allowed to be taken as long as it does not contradict Islam and as long as there is no specific evidence prohibiting it.
Thus for example, the Muslim learned about making paper and gunpowder which were of Chinese origin and developed them further. It can be seen that the Muslims did not take on the beliefs and values of other nations, but rather made use of the sciences, inventions, etc, and the thoughts related to them that did not stem from a particular creed. Volumes can be written on the scientific achievements made by Muslims and non-Muslims alike under the Shari’ah. This is in sharp contrast to the number of scientific advances made by Muslims today who find themselves living under the Capitalist system where they are forced to utilize all their energies on securing basic necessities for themselves and their families. Therefore, to say that Shari’ah will lead to backwardness goes against reality of the situation and can only be viewed as mere propaganda against the growing call for the application of the Shari’ah and its relevancy in today’s day and age.
Conclusion
The rules of Shari’ah are a mercy from Allah سبحانه وتعالى that came to liberate human beings from the oppressive man-made systems such as capitalism that has lead to misery and deprivation of majority of the world population. The application of Shari’ah will bring about justice and security for all who live under its shade. However, the Shari’ah rules must be applied comprehensively as there is no concept of partial or gradual implementation of Shari’ah in Islam. The implementation of Shari’ah therefore necessitates replacing the current regimes in the Muslim world with the Khilafah system that will take the Islamic Aqeedah as its creed and will ensure complete and comprehensive implementation of Shari’ah. Indeed, the return of the Khilafah is something that has been foretold by the Prophet صلى الله عليه وسلم.
Imam Ahmed in his Musnad narrated from al-Nu’man Ibn Bashir (ra) as saying that the Prophet صلى الله عليه وسلم had stated, “Prophethood will last with you for as long as Allah wants it to last. Then He will end it if He wishes to end it. Then there will be Khilafah according to the method of Prophethood, and things will be as Allah wishes them to be. Then He will end it if He wishes to end it. Then there will be hereditary rule, and things will be as Allah wishes them to be. Then He will end it if He wishes to end it. Then there will be an oppressive rule, and things will be as Allah wishes them to be. Then He will end it if He wishes to end it. Then there will be a Khilafah according to the method of Prophethood.” Then he صلى الله عليه وسلم fell silent.”
The increased propaganda and oppression that is spearheaded by the west and fully supported by the rulers of the Muslim countries against those calling for the rule of Allah سبحانه وتعالى is a clear indication of the imminent return of the Khilafah. And for those who believe and strive to make the Shari’ah of Allah سبحانه وتعالى supreme, Allah سبحانه وتعالى has promised victory:
وَعَدَ اللَّهُ الَّذِينَ آمَنُوا مِنكُمْ وَعَمِلُوا الصَّالِحَاتِ لَيَسْتَخْلِفَنَّهُم فِي الْأَرْضِ كَمَا اسْتَخْلَفَ الَّذِينَ مِن قَبْلِهِمْ وَلَيُمَكِّنَنَّ لَهُمْ دِينَهُمُ الَّذِي ارْتَضَى لَهُمْ وَلَيُبَدِّلَنَّهُم مِّن بَعْدِ خَوْفِهِمْ أَمْنًا يَعْبُدُونَنِي لَا يُشْرِكُونَ بِي شَيْئًا وَمَن كَفَرَ بَعْدَ ذَلِكَ فَأُوْلَئِكَ هُمُ الْفَاسِقُونَ
“Allah has promised those amongst you who believe and work righteous deeds, that he will, indeed, grant them inheritance of power in the earth, as He granted it to those before them; that He will establish in authority their Deen which He has chosen for them, and that He will change their state, after the fear in which they lived in, to one of security and peace. They will worship me alone and not associate aught with Me, and those who do reject faith after this, they would be the rebellious and the wicked.” (An-Nur, 24:55)