Nasir Khan: The Sharia Laws Or Modern Legal System

Nasir Khan, September 28, 2013

Those who are well-acquainted with the Sharia laws and modern legal systems should be in a position to show what the Sharia laws of Islam are and how they are inadequate to protect and safeguard people and their rights in these times. No doubt, during the early period of Islamic rule, the system of Islamic jurisprudence (fiqah) that developed had its basis in the Qur’anic legislation and they were progressive and innovative according to the standards of those times. Prominent Muslim juristists (fuqhah) used various devices, such as ijtihad, analogy, istihsan, ijma, istidlal, to extend the laws and their application. But around the 13th century things changed and Islamic jurisprudence came to a standstill. It was no more able to move with the changing times. And that condition still prevails. In addition, the Sharia law has become more regressive and inequitable in places where it has been enforced, especially in matters of women’s rights, male domination, criminal offences, etc. etc.

Many ordinary people who have their traditional Islamic identity and customs don’t have the slightest clue about the Sharia laws. Their way of thinking is shaped not by any independent thinking or observation but by what they hear in the sermons of their clergy and religious preachers. Their thinking in such matters is very simple: The Sharia laws are made by God; therefore they are always the best for all! Once they become the laws in our countries, justice and truth will prevail; injustice and violations of human rights will disappear. The true rule of God on earth will appear. The lion and the goat will drink water from the same pond!

In sum, this is all what they think and nothing more. But unfortunately all this is illusory and has no basis in reality. Now the big question is: How to remove such day-dreaming and misunderstandings? The answer lies in giving the correct information. That involves a gradual and systematic educational process. This can be performed by those who know the inadequacy of the Sharia laws that don’t and can’t meet the needs of people in this age. To do so is not an easy task for many reasons. However, it is essential to impart such information in a polite and humane way without resorting to abusive or aggressive language or making any attacks on traditional religious beliefs and customs.