sharia compliant

Page 1

Bibliographic Information

• Indiana University RAD

• ILLiad TN1902256

• Journal Title: Sharia Compliant

• Volume: Not available

• Issue: Not available

• Month/Year: 2018

• Pages: Chapter 1

• Article Author: Rumee Ahmed

• Article Title: Chapter 1

• Call #: KBP144 .A46 2018

• Location: B-WELLS STACKS

• Note from Sarah Imhoff: Sycamore Hall 233, Bloomington, IN 47405

• Copyright Notice: This material may be protected by US copyright law (Title 17 U.S. Code)

Page 2

Chapter Overview

• Definition and Understanding of Sharia:

  • Sharia, often politicized, lacks a singular definition; it's described variably across political lines.

  • Perspectives include:

    • Ancient, unchanging law vs. an ideal for good living.

    • Central to Muslim life vs. peripheral to it.

    • Labelled as oppressive or liberating.

  • Objective sources for understanding sharia:

    • Islamic legal texts

    • Muslim beliefs and practices

Page 3

Conflicting Views on Sharia

• Islamic Legal Texts vs. Everyday Practices:

  • Legal texts provide insight but differ significantly, complicating a unified definition of sharia.

  • Perspectives of notable scholars:

    • Ibn Taymiyya (1328): Sharia is ancient and unchanging, compliant with the Prophet Muhammad.

    • Ibn al-Qayyim (1350): Views sharia as flexible, focusing on justice and welfare.

• Divergent Interpretations:

  • Legal scholars’ texts can affirm opposing views.

  • Sources remain ambiguous; while some assert sharia's rigidity, others highlight its adaptability.

Page 4

Limitations of Legal Texts

• Legal texts alone do not yield a definitive understanding of sharia.

• Many Muslims do not engage with texts; everyday beliefs and practices often diverge from elite interpretations.

• Public surveys reveal a dichotomy where large support exists for the idea of sharia but minimal adherence in daily practices.

Page 5

Poll Findings and Public Engagement with Sharia

• Poll data reveal:

  • Approximately 70% of Muslims believe sharia should be the law of the land. Yet, practical observance often lacks.

• Contradictions in Practice:

  • Support for democracy and religious freedom exists alongside support for sharia.

  • Public indifference to personal adherence to sharia highlights a gap between belief and practice.

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The Complex Relationship with Sharia

• Different Definitions Among Muslims:

  • There are no universally accepted definitions, leading to highly individualized interpretations of sharia.

• Anecdotal Observations:

  • Personal anecdotes from scholars illustrate varied experiences with sharia's role in daily life.

Page 7

Historical Context and Recent Shifts

• Over the last century, sharia has been constructed within political frameworks often emphasizing state law.

• Historical experiences of colonialism and the rise of Muslim nation-states have shaped prevailing discourses about sharia.

Page 8

Historical Developments Post-Prophet Muhammad

• Early Muslim Expansion:

  • The rapid growth and territorial acquisition of Muslim governance.

• Colonial Impact:

  • Transition to European colonialism shifts views on legal authority and governance practices.

Pages 9 - 10

Colonial Rule and Legal Development

• European colonizers developed systems of legal governance that often conflicted with traditional Islamic practices.

• Legal Categorization:

  • The stratification of laws for civil and criminal matters often sidelined Islamic scholars.

  • Attempts to create codified laws reflected colonial interests rather than indigenous practices.

Pages 11 - 12

Codification and Its Impacts

• Colonial methodologies often co-opted traditional Islamic texts for civil governance, fundamentally altering their original intent.

• Emerging Ideologies:

  • Post-colonial movements invoked sharia for socio-political righteousness.

Pages 13 - 14

Ideological Shifts and Post-Colonial Realities

• Sharia became a rallying cry against colonial oppression, aligning with anticolonial narratives focused on justice.

• The evolving landscape of post-colonial legal systems led to new interpretations and expectations surrounding sharia.

Page 15

Sharia's Alignment with Justice

• The theoretical implications of establishing sharia as a law observe significant shifts across various societies.

Page 16

The Rise of Modern Constitutionalism

• New nation-states began integrating sharia principles into their constitutions, reflecting a growing interest in governance based on Islamic law.

Page 17

Institutionalizing Sharia

• Contemporary political discourse often frames debates around sharia in legalistic terms, suggesting rigid implementations that overlook diverse realities.

Page 18

The Shifting Perspectives on Sharia

• The continued evolution of sharia reflects both aspirations for justice and socio-political realities on the ground.

Pages 19 - 20

Recognizing Sharia in Contemporary Discussions

• The discourse surrounding sharia must move beyond fixed legal interpretations and recognize the fluid nature of its practice in daily life.

Pages 21 - 22

Debunking Myths about Sharia

• Myth 1: Single Official Sharia - Numerous interpretations coexist, often contrasting one another based on scholarly perspectives.

• Myth 2: Sharia Never Changes - Sharia evolves to address contemporary needs, navigating between ancient practice and present-day applications.

Page 23

Navigating Legal Discourse

• Myths perpetuate oversimplification; acknowledging diversity and complexity in sharia discussions promotes understanding.

Page 24

The Legal Framework and its Implications

• Clarifying distinctions between sharia as an ideal and Islamic law as a human endeavor enhances discussions about legal interpretations.

Page 25

The Role of Scholars vs. Lay Interpretation

• Debates about sharia have increasingly become democratized, allowing varied voices, including those of gender advocates, to emerge.

Pages 26 - 27

Qur'an and Hadith in Law

• Islamic law is often more complex than just relying on these texts; much is derived from scholarly deliberations.

Pages 28 - 30

Humanizing the Discourse on Sharia

• Law's enforcement and understanding reflect cultural, social, and personal nuances not limited by strict adherence to religious laws.