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Asian Tribune is published by World Institute For Asian Studies|Powered by WIAS Vol. 12 No. 2865

Is Shari'ah a Divine Law

By Sumaiyya Ahmed

An appeal to the readers: The subject “Shari’ah” has to be viewed dispassionately and understood with knowledge, intelligence and wisdom. Trying to make irresponsible comments with emotion and sentimental feelings will certainly exhibit ones ignorance.

The word Shari’ah is used copiously and extravagantly by the Muslim community and emphasized by the religious heads with vigour and enthusiastic enjoyment. Financial transactions are according to Shari’ah law – Shari’ah compliant instruments; Execution according to Shari’ah law - for anything and everything it is “according to shari’ah law”. Then we sho uld expect this “Shari’ah” to have a direct connection to the Quran.

This made me go into it thoroughly, as to what this Shar’ah law is – that which is causing so much confusion, unrest and utter chaos all over the world. Is it really a divine law?

History of the usage of this word tells it otherwise. The usag e of this word is a misapplication and totally alien to what is meant by the Holy Quran. These people try to accentuate and underline that it is divine and unchangeable. They are trying to state that “Shari’ah” is law codified, sacrosanct and of authoritative standing. In that case we should find it in a number of places in the Holy Quran like the words, Jihad (strenuous effort), ‘Adl (Justice), Zakat (Right of the Poor) etc. But what we see is that we find this word in Just one Place and a derivative of it in another.

Investigation into this word revealed that it has never ever been used by the Prophet of Islam during his life time or even during the time of the Caliphs.

However, over Two Centuries later, after the demise of the Holy Prophet during the Abbasid Caliphate attempts were being made to codify the Islamic law and the word Shari’ah was introduced. Here the Arab Custom has been brought largely into play. Custom is not accredited as a source of Islamic Law in the Holy Quran,but here; it served as an essential component in shaping what is called today as “Islamic Law” – Therefore it could be rightly described as an innovation – Bid’ah – something that was done over 200 years after the demise of the Prophet of Islam.

There is an authentic Hadith which states that all Bid’ah – innovation is (Dhalaalah) – straying from the right path, and Dhalaalah will lead to the fire of Hell.

Interestingly, the word “Dhalaalah” also means deviation, error, perversity, delusion and deception.

Hence the word Shari’ah which is an innovation - is a total deviation from the correct path, perverse and deceptive.

This word is now used by all and sundry, to everything and anything, to justify th eir personal deviations and demoniacal frenzy. It is no wonder that the whole Muslim world is in utter chaos.

The best part is, it is not the people who are deemed to be enemies of Islam who are causing this extreme confusion and disorder, suicide attacks murder and mayhem, it is their own brothers and sisters in faith, killing their own - innocent men, women and children, blinding and dismembering of little girl children who are attending schools - it is those who think that Shari’ah is the unchanging divine law – vis-à-vis The Taliban, The Sipahi Sahaba, the Lashkar and all other extremist organizations in the Islamic Faith all o ver the world are those involved in such despicable and reprehensible acts. The word “Shari’ah” is now a mockery.

If such hardhearted tyranny is unleashed on any people, causing misery, affliction and misfortune, it can never ever be of divine origin or of any decent origin, other than the deceptive and delusory innovations of the misguided extremist radicals.

Hence it could be concluded that this so called “Shari’ah” :

1. Is often opposed to the very foundations of the Quran.

2. Whatever that is described as the maximum limit in punishment under certain
conditions, rules and regula tions, “Shari’ah, makes it the norm and standard

3. While the Holy Quran ingeminates and reiterates on Justice – This innovated
“Shari’ah” ends up in spreading and propagating injustice. It says Kill everybody who
disagrees with you or those who breaks your rules and regulations. In fact this is the
total antithesis of the spirit of the Holy Quran and such sentiments are totally alien to
the Quran.

So you can see how this “Shari’ah” is totally at variance with the Quran, how these innovations and ancient Arab customs have intertwined with the sacred text of the Holy Quran and how irrelevant, immaterial, inconsistent, derisory, and ridiculous this “Shari’ah” appears in this contemporary world.

Just to give one example - The Tunisian Government, an Islamic State, has banned polygamy and many other countries are in the process of following suit. Here is an excerpt of what the Tunisian ladies feel about it:

Quote: (Regarding the most welcome ban) - "I do not think that women in Tunisia will give up this gain easily, because the Tunisian woman is a jealous one and will never be satisfied that her husband has a second woman in his life other than her," Aisha Youssef commented.

Rim Azzabi considered that polygamy would undermine family stability and create unnecessary social tragedies. "Marriage is a relationship of friendship, convergence and integrated partnership, and responsibility between women and men," she said.

Her husband Jamel Bahri agreed with her, saying, "For me, I cannot marry a s econd, even if I can afford it. One is enough, the number is not important. What is important is peace of mind and the good rearing of the offspring. This is my happiness." Unquote (Source – Maghrebia – September 10, 2012.)
Morocco has reformulated a New Islamic Family Law.

If any human being feels uncomfortable in the deep recesses of his or her heart at certain laws or practices which will undermine the peaceful co-existence of a family unit, the peaceful living of the people around the world, you can be rest assured that it can never be of divine origin.

The “Shari’ah is almost totally a characteristic of human product. Law changes as society and its needs change to cope up with the changing times.

In this context I would like to mention the fact that our President, His Excellency, Mahinda Rajapakse, stated in a speech – We are going to have one country and one law. So if Muslim states can ban this bigamy/polygamy, Our country can ban it too with immediate effect. You can see how this is being manipulated and exploited in various ways by various people. Examples of such deception are innumerable. The misery and family misfortunes are multitudinous. I, therefore, need not waste time in explaining it, everyone knows, whether Muslim or Non-Muslim how, when and where this so-called Muslim Marriage laws are being exploited at the drop of a hat. We should have One Marriage and Divorce Law for all Sri Lankans.

If a Muslim man wants to go in for a second marriage let him give up this country and seek refuge in any Muslim country of his choice which would grant him this privilege and let the people of this country live in peace.

Finally, it is said by all religious leaders that it is Kindness, Mercy and Gentleness that can change a heart, can change a country.

- Asian Tribune -

Is Shari'ah a Divine Law
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