Sunday, January 10, 2010

FAITH AND COMMON SENSE: ISLAMIC SHARIAH: TO IMPLEMENT OR NOT TO IMPLEMENT

As separation of mosque and state is the only way to guarantee fair treatment and justice for all. And to be just and unbiased is in fact the hallmark of secular governments. Thus Islam agrees with secular concept of governance. And Muslims are best served by being loyal citizens of their respective countries and promoting the cause of democracy.




Ahmadiyya Times | News Staff | Articles
Source & Credit: Atlanta Muslim Examiner
By Qamar Ahmad | Atlanta, GA

When ordinary Muslims refer to embracing ‘Islamic Shariah’, they mean implementing the Islamic moral code in their personal lives. Shariah, for them, signifies paying homage to God as well as living peacefully with their neighbors. Nevertheless, to others Shariah connotes with a dictatorial form of government complete with stonings, limb amputations of criminals and inhumane treatment of women.

So which one is it?

Islam prescribes a code of conduct for its followers: Honesty, modesty, humility, charity, tolerance and fairness to name a few of its precepts. A Muslim should imbibe these in dealing with fellow beings. In addition, there are Islamic guidelines for paying homage and forming a relationship with The Divine. As the reader will observe, the above teachings fall in line with the commandments of other religions.

Islamic injunctions also comprehend laws of governance (Quran, the actions and words of Muhammad peace be upon him, are the roots from which these injunctions are derived). Proponents of Shariah as the legal system argue that it is binding upon Muslims wherever they form a majority, to implement Shariah. The practicality of this simplistic view is what we try to analyze here.

We would like to mention two all-encompassing verses of the Quran here to guide us along the way:

There is no compulsion in religion; (Quran: Chapter 2, verse 257)

Verily, Allah enjoins justice, (Quran: Chapter 16, verse 91)

1). If Muslims in a majority Muslim country are allowed to enact Islamic law, then Israel will have a right to enact Talmudic law and non-Jews will have to conform. Similarly, Christian nations shall impose their laws on non-Christian minorities. In most, if not all, cases it will become extremely difficult for religious minorities to live in these countries.

2). As a result of the imposition of Islamic Shariah, equal rights of citizens would be compromised. In principle, all citizens of a country should have equal access and say in framing of legislation. With the laws of the country being dictated by its religious majority, the minorities' status is lowered to less than that of a full citizen.

3). In matters where difference of opinion exists between the legislators and the religious scholars, whose verdict is considered final? If it's the scholars then majority voice has to be ignored. If it's the legislators, then God's commandments have to be trampled upon.

4). Even within a religion, varying interpretations of its scriptures can be found. In Islam, for example, scholars of different sects do not even agree on the definition of a Muslim. When scholars are at odds with each other on questions of such fundamental nature, how are they to decide on complicated issues.

With all these problems arising from implementation of Shariah law, what does Islam say about mode of governance?

Verily, Allah commands you to make over the trusts to those entitled to them, and that, when you judge between men, you judge with justice. And surely excellent is that with which Allah admonishes you! Allah is All-Hearing, All-Seeing. (Quran: Chapter 4, verse 59)

O ye who believe! Be steadfast in the cause of Allah, bearing witness in equity; and let not a people’s enmity incite you to act otherwise than with justice. Be always just, that is nearer to righteousness. And fear Allah. Surely, Allah is aware of what you do. (Quran: Chapter 5, verse 9)

As separation of mosque and state is the only way to guarantee fair treatment and justice for all. And to be just and unbiased is in fact the hallmark of secular governments. Thus Islam agrees with secular concept of governance. And Muslims are best served by being loyal citizens of their respective countries and promoting the cause of democracy.


Inspired by a speech titled: Shariah: Relationship between Religion and Politics in Islam delivered by Mirza Tahir Ahmad at the Inter?religious Consults, Suriname.



Qamar Ahmad lives in an Atlanta suburb with his wife and two daughters. His interests include mathematics and logic, as well as science and religion. Qamar tries to live by the motto, "Love for All, Hatred for None. Qamar Ahmad is a contributing member of Majlis Sultan-ul Qalam, USA (MSQ USA). 

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