In true spirit of Qur'an

Islam was the first religion to enforce equality among the sexes, and blasphemy can only be punished by the edict of Allah , says Asghar Ali Engineer, Director of the Institute of Islamic Studies in Bombay. Engineer seeks to blast most of the modern "myths'' about Islam, by seeking to explain Islam in its purest form. He studied Islamic Theology, Social Sciences and Philosophy and is an internationally renowned scholar of Islam and Muslim politics. He is also the author of several books. The interview was done via e-mail, by Farah Mihlar.

Question-Muslims all over the world are governed by what is called the Shari'ah law. It is based on the Quran which is a divine revelation and the Sunnah which reflects the life of the Prophet of Islam, Muhammad.You share a unique view that the Shari' ah is not really divine and is a law, which is underdeveloped and not fit for modern times. Can you explain?

Answer:-I do not say that the Shari'ah law is underdeveloped. It was developed for its own time when Shari'ah rules were compiled by the Islamic jurists of great eminence. But now Shari'ah laws need to be rethought as lot of changes have taken place since then.

Shari'ah laws are definitely based on the Holy Qur'an and Sunnah. But it will not be correct to maintain that they cannot be changed. The Holy Qur'an is divine but its interpretation by jurists and other ulama is human. Also, Sunna which is word and deed of the holy Prophet was situated in the Holy Prophet's time. Moreover there are several controversies about authenticity of this or that hadith (stories on the life of Prophet Muhammad).

Thus human factors do matter in formulation of the Shari'ah laws. And to that extent changes can be and should be made to suit our conditions.

In early classical period of Islam also the jurists differed from each other and so many schools of shari'ah came into existence of which four survived, in the Sunni Islam i.e. Shafi'i, Maliki, Hanbali and Hanafi.

Besides that there is Shi'ah Ithna Ashari and Shi'ah Isma'ili Schools also. These differences in formulation were because of human factor. Why can't we then interpret the Holy Qur'an and Sunnah in view of our conditions?

Q: So in your view the Shari'ah needs change?

Shari'ah needs to grow with time. Shari'ah is an active guidance for the Muslims and it cannot be so if it is frozen in medieval ages. New problems arise which need to be answered in the light of Qur'an and Hadith. Shari't needs to be a living thing, not a dead belief for active guidance.

The Shari'ah evolved during medieval period treated women as per the then prevailing ethos. All this has changed. The Shari'ah needs to re-think all these issues in the light of true spirit of Qur'an.

Q: You say the Shari'ah is a human interpretation of the Qur'an and Hadith. Do you believe in the process of interpretation, the law contradicts true Islamic principals?

Yes, in certain matters the existing Shari'ah rules even contravene the Qur'anic pronouncements. Take for example the Qura'nic provision for divorce. It is very just for both women and men. In the event of divorce as per verse 4:35

"If ye fear a breach between them twain, appoint two arbiters, one from his family and the other from hers; if they seek to set things aright, Allah will cause their reconciliation.

For Allah has full knowledge and is acquainted with all things." In this verse both husband and wife have been given rights to appoint arbiter to ensure fairness to both. There are other verses too in the Qur'an about divorce which are equally fair to women but setting aside clear injunctions we allow triple divorce in one sitting, in one breath referring to a controversial hadith, which is very unfair to women. Triple divorce must be abolished to enforce the Qur'anic provisions. Also, there is no consensus about triple divorce among the Muslims.

Qur'an makes marriage a contract that women having equal rights, Shari'ah makes it completely dependent of the will of marriage guardian. Qur'an does not mention anything about the social status of man and woman in marriage, Shari'ah makes the concept of Kufw (parity in social status) necessary. Many more such examples could be given.

Q: Islam is sometimes portrayed as an anti human rights religion. References of issues such as blasphemy in the Shari'ah are given as examples to justify this. How Human Rights friendly is Islam?

It is totally untrue to say that Islam is against human rights. I dare say that Islam was the only religion, which made ringing declaration of human dignity see verse 17:70 "We have honoured the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creations," and in fact the charter of human rights is entirely in keeping with the Qur'anic pronouncements. In my book on "Re-thinking Issues in Islam" published last year I have explained this quoting clause by clause that the Qura'nic pronouncements made 1400 hundred years ago nowhere contravene the charter of human rights.

Q: But what about the issue of blasphemy?

Islam ensures complete freedom of expression. The punishment of death for blasphemy is again a juristic formulation. If one renounces ones religion it is Allah who will punish the renouncer. It is not for any human being to do so. The Qur'an also says there is no compulsion in religion (see verse 2:256) "Let there be no compulsion in religion, truth stands out from error..." Islam also teaches equal respect for all religions and accepts the truth of religions which preceded Islam like Christianity and Judaism. They are called as ahl al-kitab i.e. people of the book because Christians and Jews possess books from Allah.

Q: On the same issue of rights again Islam is looked at as a religion that hampers the rights of women. What are your views on this?

Let me say once again that Islam was the first religion to ensure sexual equality fourteen centuries ago. The Qura'n makes declaration of sexual equality in the verse 33:35 "For Muslim men and women, for believing men and women, for devout men and women, for true men and women for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who past for men and women who guard chastity and for men and women who engage much in Allah's remembrance. For them has Allah prepared much reward."This verse clearly lays down equality of sexes".

Whether marriage, divorce or right to property, men and women have equal rights. It is certain Shari'ah provisions which were evolved by jurists in their own time create impression that Islam denies rights to women. Muslim men are also largely responsible for such impressions. They perpetuate customs and traditions which have nothing to do with Qur'anic pronouncements and keep women under their domination and legitimize these practices in the name of Islam.It is high time Muslims reflect on this situation and take steps to implement the Qur'anic provisions in toto.

Millennium competition...a response

Sent in by Athula Hettiarachchi, Dehiwela.

It is a tough and ambitious mission to name the Sri Lankan of the Century. "Who is the Sri Lankan of the last hundred years?"' is a tough question, but you have deftly named four categories , which means that it makes our task much easier. Politics obviously is the category that would have to be most important , in this selection, because only politicians and leaders could have a vast impact on any country that will make an indelible impression over the years.

In politics, there would be many who would say that the struggle for independence that was waged by D. S. Senanayake was the deciding factor in changing the fortunes of the country. D S Senanayake was the father of this struggle, and his contribution was no doubt tremendous. But, there is still much that has to be said about the independence struggle as a collective effort by the social and political elite of that time.

The struggle for independence was more or less a product of the time; it was as a result of a culmination of activity that sprung from the consciousness that pervaded at that time that we should cast aside the colonial yoke.

But, the independence that thus came to be identified with Senanayake was also identified with his personality; he was very much a top - hat - tail – coat gentleman after the fashion that prevailed at that time, and though he was responsible for some very innovative colonization schemes in the nation's outlying remote outposts, he was still the Colombo based urban gentleman who was almost an Englishman albeit with a keen national consciousness. All this goes to support the argument that it was S. W. R. D. Bandaranaike, who in 1956 obtained real independence and psychological independence from colonialism. Bandaranaike was the leader who arrived at the position that independence cannot be "formalized''. Independence has to be created in the national mind and the national consciousness, he realised. At the end of the century, the changes that Bandaranaike .made in the national fabric would be remembered more perhaps than the formal event of independence being granted to this island in 1956.

This position may be seen by various political parties and personalities today, as a sign of political support for the present government, or the SLFP of today. But, S W R. D. Bandaranaike's name can be easily disassociated with partisanship and parochial politics, even though by some standards he was a parochial politician himself. But, though the late MR. Bandaranaike's name will continue to evoke controversial reactions, to me he was the greatest Sri Lankan of the Century , for the fact that he was the person ultimately responsible for erasing the psychological remnants of colonialism after formal independence was granted.

Athula Hettiarachchi.
Kalibowila Dehiwela.

More Plus

Return to the Plus Contents