This excerpt comes from an excellent article by Professor Ziauddin Sardar
Most Muslims consider the Shari`ah, commonly translated as ‘Islamic law’, to be divine. Yet, there is nothing divine about the Shari`ah. The only thing that can legitimately be described as divine in Islam is the Qur’an. The Shari`ah is a human construction; an attempt to understand the divine will in a particular context. This is why the bulk of the Shari`ah actually consists of fiqh or jurisprudence, which is nothing more than legal opinion of classical jurists. The very term fiqh was not in vogue before the Abbasid period when it was actually formulated and codified. But when fiqh assumed its systematic legal form, it incorporated three vital aspects of Muslim society of the Abbasid period. At that juncture, Muslim history was in its expansionist phase, and fiqh incorporated the logic of Muslim imperialism of that time. The fiqh rulings on apostasy, for example, derive not from the Qur’an but from this logic. Moreover, the world was simple and could easily be divided into black and white: hence, the division of the world into Daral Islam and Daral Harb. Furthermore, as the framers of law were not by this stage managers of society, the law became merely theory which could not be modified – the framers of the law were unable to see where the faults lay and what aspect of the law needed fresh thinking and reformulation. Thus fiqh, as we know it today, evolved on the basis of a division between those who were governing and set themselves apart from society and those who were framing the law; the epistemological assumptions of a ‘golden’ phase of Muslim history also came into play. When we describe the Shari`ah as divine, we actually provide divine sanctions for the rulings of by-gone fiqh.
Islam is not so much a religion but an integrative worldview: that is to say, it integrates all aspects of reality by providing a moral perspective on every aspect of human endeavour. Islam does not provide ready-made answers to all human problems; it provides a moral and just perspective within which Muslims must endeavour to find answers to all human problems. But if everything is a priori given, in the shape of a divine Shari`ah, then Islam is reduced to a totalistic ideology. Indeed, this is exactly what the Islamic movements – in particularly Jamaat-e-Islami (both Pakistani and Indian varieties) and the Muslim Brotherhood – have reduced Islam to. Which brings me to the third metaphysical catastrophe. Place this ideology within a nation state, with divinely attributed Shari`ah at its centre, and you have an ‘Islamic state’. All contemporary ‘Islamic states’, from Iran, Saudi Arabia, the Sudan to aspiring Pakistan, are based on this ridiculous assumption. But once Islam, as an ideology, becomes a programme of action of a vested group, it looses its humanity and becomes a battlefield where morality, reason and justice are readily sacrificed at the alter of emotions. Moreover, the step from a totalistic ideology to a totalitarian order where every human-situation is open to state-arbitration is a small one. The transformation of Islam into a state-based political ideology not only deprives it of its all moral and ethical content, it also debunks most of Muslim history as un-Islamic. Invariably, when Islamists rediscover a ‘golden’ past, they do so only in order to disdain the present and mock the future. All we are left with is messianic chaos, as we saw so vividly in the Taliban regime, where all politics as the domain of action is paralysed and meaningless pieties become the foundational truth of the state.
But the violence performed to sacred Muslim concepts is insignificant compared to the reductive way the Qur’an and the sayings and examples of the Prophet Muhammad are brandied about. What the late Muslim scholar, Fazlur Rahman called the ‘atomistic’ treatment of the Qur’an is now the norm: almost anything and everything is justified by quoting individual bits of verses out of context. After the September 11 event, for example, a number of Taliban supporters, including a few in Britain, justified their actions by quoting the following verse: ‘We will put terror into the hearts of the unbelievers. They serve other gods for whom no sanction has been revealed. Hell shall be their home’ (3: 149). Yet, the apparent meaning attributed to this verse could not be further from the true spirit of the Qur’an. In this particular verse, the Qur’an is addressing Prophet Muhammad himself. It was revealed during the battle of Uhud, when the small and ill equipped army of the Prophet, faced a much larger and well-equipped enemy. He was concerned about the outcome of the battle. The Qur’an reassures him and promises the enemy will be terrified with the Prophet’s unprofessional army. Seen in its context, it is not a general instruction to all Muslims; but a commentary on what was happening at that time. Similarly hadiths are quoted to justify the most extremes of behaviour. And the Prophet’s own appearance, his beard and cloths, have been turned into a fetish: so now it is not just obligatory for a ‘good Muslim’ to have a beard, but its length and shape must also conform to dictates! The Prophet has been reduced to signs and symbols – the spirit of his behaviour, the moral and ethical dimensions of his actions, his humility and compassion, the general principles he advocated have all been subsumed by the logic of absurd reduction.
