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#256 [Permalink] Posted on 15th February 2020 11:33
abu mohammed wrote:
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Good article. But she ends it with “These are aspects of Sharia law which are unacceptable.”

That's where my concern lies. If we were under true Sharia Law, where there were no different laws that had to be respected, is that something we should desire?

Edit: I see many good aspects of Sharia Law, especially when practiced under western legal systems.
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#257 [Permalink] Posted on 15th February 2020 11:37
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I guess part of my concern is that some of the things regarding Sharia Law are based straight from the Quran.
So, if I dislike those things and don't wish to return to them, am I an innovator?

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#258 [Permalink] Posted on 15th February 2020 12:01
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#259 [Permalink] Posted on 15th February 2020 13:24

In Need of Teaching wrote:
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Its a common question which all undercover FBI agents (at Mosques) and Security Agents at Airports ask and the answer is the same.

It is an irrelevant question for all Muslims living in the West. There are just a few percent Muslims living in the United States and even if every single one desires Shariah law there is no way to implement it politically, democratically or even violently. It is a pie in the sky question! Its like a fundamentalist Christian, would you like to enact biblical law in United States? This is a question for the democratic societies in Muslim countries if they would like Shariah law implemented (along with the penal code) and it is for them to answer. 

I do not know any Scholars in the west who has even studied Shariah law to the level for me to answer that question, I have no idea what it even entails apart from the penal punishments which the Media (and others) insistently focus upon. Islam ruled much of the Earth until 1922 and I know it could not possibly have been just on the basis of chopping off limbs. I have never grown up under Shariah law, I have no studied it and I have no experience or reference point to it so I have no idea what it even entails to comment on it. All I know is that it is an irrelevant question to my circumstances.

 
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#260 [Permalink] Posted on 15th February 2020 19:08
In Need of Teaching wrote:
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Limits of Reason

Justice Mufti Taqi Usmani (DB)
Posted In: September 2008 - Radiant Reality
Discourse from Islaahi Khutbaat

This is not the first occasion for me to attend the various training courses of this Academy. I have had the opportunity to address some of the training courses held from time to time even before. On this occasion I have been called upon to talk to your assembly on the topic of Islamisation of laws, which is a very lengthy topic and comprehensive. However, in the short time I have at my disposal, I wish to invite your attention to only one aspect of the Islamisation of Laws.

The term "Fundamentalism," has become a word of Abuse
It is generally demanded by the Muslim population that our law, our living, our politics, rather every aspect of life should be moulded the pattern of Islam. A question naturally arises as to why and on what grounds life should be so re-shaped and re-formed. This question arises only because today we are living in a society in which secular and purely worldly trends of thinking and understanding have overpowered the hearts and minds of the world. It has been accepted universally as a maxim that the best and the most successful system of running the government of a country is the secular system. In a society so riddled with the dazzling charms of the secular system, it looks rather unnatural and strange to demand that "in our country we should mould every aspect of our life and activity into the Islamic pattern, including its laws, life-style and politics" or in other words, we should adopt that life-style which was in vogue fourteen centuries ago. Such a demand and call in this contemporary world sounds quite strange and this is dubbed, sarcastically. as "Fundamentalism." This term. i.e. "Fundamentalism" has been branded and introduced in the world as a repulsive term of abuse. In their sight everyone is a fundamentalist who demands that the affairs of the government should be settled in the light of the laws of Religion (Islam). Such a person is defamed with the title of "Fundamental", even though in its real import this is not a bad term. This term "Fundamentalist" only means one who adopts and abides by the basic principles of life. It is very sad that now-a-days the word has been given the meaning of an abuse.

Why Islamisation?
A question arises as to why we want to adopt the Islamic way of life and want to mould the laws of the country into the Islamic pattern when the Islamic teachings go back to a period fourteen centuries back or even more than that.

Allah has granted us Intellect.
In this connection a relevant question arises. How should secular state or a state not based on any religious principles conduct its affairs? This question is replied to by saying that we do possess intellect, we have also the facilities of observation and experience which may help us decide as to what are our needs and the demands of life in the present conditions of the world by meeting which we can make the wheels of government revolve peacefully and safely. We may indeed have to effect changes and amendments in the system of government, as and when needed. Thus can we follow the path of peace and prosperity.

Is intellect the last standard?
In a secular system of government Intellect, Observation and Experience have been taken as the final standard to rely upon. We have now to find out how efficient is really this standard. Can this standard be so effective and efficient as to guide humanity till the Day of Judgment? Can this so-called standard based on intellect, observation and experience alone, prove sufficient and effective for human life?

Sources of Knowledge
In order to find out an answer to this question we must realize the truth that no system of life can work successfully, unless it has at its back a treasure of knowledge to propel it onwards. It should also be noted at this stage that Almighty Allah has bestowed on man certain sources of knowledge, each source possessing a specific jurisdiction but beyond this jurisdiction it becomes in-effective.

The Jurisdiction of the Five Senses
It may be mentioned, as an example. that the first of these sources for acquiring knowledge are the five senses, viz., the eyes, the ears, the nose, the tongue, etc. Man is able to acquire knowledge about many things by using his eyesight, by tasting things with the tongue, by smelling things with the nose, by hearing words with the ears and by touching objects with his hands. However, each of these sources of knowledge which fall within the jurisdiction of observation has a limit of its own beyond which it can do nothing. For example, the eye can see but it cannot hear; the ear can hear but it cannot see; the nose can smell but it cannot see. If there is a man who desires to use each of these organs for a function for which it has not been created by Allah, that man shall be taken by the world to be a fool, for being ignorant of the functions of these organs.

The second source of knowledge is the Intellect
As already mentioned, the working limits of these five senses reach a boundary which they cannot cross. At this stage, neither of these senses is effective. This is the stage at which knowledge of things cannot be acquired through observation. To meet this challenge, Almighty Allah has bestowed upon us another source of knowledge and that is the Intellect which helps man to acquire knowledge where the Five Senses become ineffective and helpless. For example, there is a table lying before me. I can know its colour by seeing it with the eyes. I can know by touching it with my hands that it is made of hard wood and is covered with Formica. Yet, none of these senses helps me to know how this table came into existence, because the process of its manufacture did not take place before me. In such a situation my Intellect guides me by suggesting to me that such a finely finished object cannot come into existence by itself. Some expert artisan has made this beautiful table and he is an expert carpenter. It is my Intellect that has taught me that the table was made by carpenter. It is thus proved that my Intellect came to my help when my Five senses left me helpless.

The Jurisdiction of the Intellect
It should however, be noted that just as the Jurisdiction of the Five senses is limited in the same way the jurisdiction of the Intellect is also limited. The Intellect, too helps man to a certain limit, then leaves him helpless, as it cannot go beyond the limit of its jurisdiction in providing guidance to man.

The third source of knowledge is Divine Revelation
Almighty Allah has granted man another source of knowledge to help and guide him where his Intellect leaves him helpless. That source is Divine Revelation, meaning provision of knowledge to man by Allah through heavenly revelation. This source of knowledge starts from the place where the jurisdiction of the Intellect fails. Thus to try to use the Intellect in the presence of Divine Revelation is just like trying to see things by the ears instead of by the eyes and so on so forth. It does not mean that the Intellect is a useless faculty. No, it is highly serviceable, rather indispensable to man but within its jurisdiction and not beyond that.

The difference between Islam and Secularism
The difference between Islamic and secular system of life lies that in the secular system the process of knowledge comes to an end after reaching the limits of the first two sources, viz. the Five senses and the Intellect as there is no third source of knowledge available to propel the secular system onwards. As against this, Islam claims that there exists another source of knowledge for you and that is the Divine Revelation.

The need for Divine Revelation
We have not to see how far this claim of Islam holds good in our contemporary world that the Intellect cannot guide man to acquire knowledge and guidance without any limit and in all circumstances, but the world stands in need of Prophets and Messengers of Allah and revealed Books.

The Intellect is a Deceptive Faculty
In these times great emphasis is being laid on the Intellectual Faculty (or Rationalism) and it is said that every decision should be taken after considering the pros and cons of every problem in the light of Rationalism. However, this Rationalism does not possess a set formula or fixed principles to provide universal truths, acceptable to all men, to serve as an infallible standard to judge what is right and what is wrong, what is to be adopted and what is to be rejected. If we leave this decision to the dictates of Intellect we are liable to commit devastating faults. Just turn the pages of history to find out for yourself how grievously and fatally the faculty of Intellect has misguided humanity into destruction and deluge. I cite below a few instances from the pages of history.

To marry one's own sister is not against Intellect
About eight hundred years ago a sect sprang up in the Islamic World under the name of the 'Batini' or the "Qaramatia" sect. Ubaiduallah Bin Hasan Qirwani was one of its renowned leaders. He wrote an interesting letter to his followers about how they should lead their lives. He writes:
The People have in their households a beautiful and well-behaved girl in the person of a sister who is well acquainted with the temperament and psychology of her brother, but this fool gives her hand in marriage to a stranger, without knowing whether or not the couple would pull on with each other peacefully and willingly. As for himself, be brings a wife who is much inferior to his sister in beauty, behaviour, adaptability and considerateness. I fail to understand why one should hand over the wealth of one's own household to a stranger and bring to one's own household a girl who cannot provide her mate with the desired peace and comfort. This is a sheer folly. This is against wisdom. I therefore, advise my followers to shun this folly and preserve the wealth of their household in its original place. (Al-farq lil-haghdadie, p 297 and Bayanul maza hib al-Batinya, lil Dalimi p 81).

The sister and Sexual satisfaction
At another place the same Ubaidullah Bin Hasan Qirwani conveys the following message to his followers on the basis of wisdom: "When a sister can prepare food for her brother to satisfy his hunger, wash his clothes, arrange his bedding and provide him with other comforts why can she not satisfy his sexual urge also? This is indeed against wisdom". (Ibid)

Impossible to repudiate this argument with the help of the Intellect
However, vehemently you may curse this man, you will not be able to repudiate his arguments till the Day of Judgment with pure intellect that is devoid of Divine Revelation.

This is not immoral from the Intellectual point of view
If a man says that this is grossly immoral, grievously disgustful, this may be repudiated by saying that this feeling of immorality and disgust is the result of the prevailing social trends and customs: You have been born and are living in a society where this is considered as something very repulsive and hateful, otherwise in the eyes of the intellect this is not at all disgustful.

Preservation of genealogy offers no intellectual argument
If you say that this practice vitiates the genealogical line, this may be repudiated by saying that there is no harm in this. The idea of preserving the genealogical lineage is not based on any intellectual principle.

This too is a part of the Human urge
If you say in reply to this argument that this is harmful medically, because research has established that the system of Incest (sexual relations between close relation) is medically harmful. Are you aware that books are being published today in the Western world that Incest is a part of the natural human urge; and it is not correct to say that it is harmful medically. Not only is this an echo of the same slogan which Ubaidullah bin Hasan Qairwani had raised eight hundred years ago, but it is now being actually practiced in the western countries.

The result of freedom from Divine Revelation
Why is all this happening? It is because we are trying to use the Intellect in matters which lie beyond its jurisdiction and in which the Divine Revelation alone can provide guidance. One result of releasing the Intellect from the grip of the Divine Revelation may be seen in the fact that the British Parliament has passed the law of legalizing homosexuality under the thump of clappings.
And now this vice has become a regular science, Once I happened to visit a library in New York. I found there a separate section devoted to literature on the subject, "Gay style of life". A large number of books have been published on this subject and many associations are working for this under the auspices of persons holding high positions. The then Mayor of New York was also a Gay.

The Deception of the Intellect
In one of the past issues of the famous American Magazine, "The Times", there was a report that about one thousand of the American soldiers engaged in the last Gulf war were discharged on the charge of being homosexual. A great hue and cry was raised against this action demanding their reinstatement. The argument of the protesters was that it was only the satisfaction of a human urge. On the basis of this Human Urge, most heinous vices are being declared lawful, because according to them intellectually there is absolutely no objection to such acts. This relates to the human society but the vice has penetrated into the animal kingdom as well.

Another Deception of the Intellect
Today ways and means are being searched in order to check the spread of the nuclear weapons the devastating effects of which are well known all over the world. In an article included in the Encyclopedia Britannica on the topic of Atom Bomb, it is stated that experiment of the Atom Bomb was made in two places in the world, viz. Hiroshima and Nagasaki in Japan. Defending the devastations wrought by the Bomb, the article has mentioned first of all that the explosions of the Atom Bomb in these two places were made to save about ten million human lives. It has been argued that if this explosion had not taken place, there was a possibility of the continuance of these nuclear wars resulting in the death of about ten million human lives. Thus the Atom Bomb has been introduced to the world as a saviour and not as a destroyer of life. This justification of a universally accursed crime has also been offered on the basis of the so-called Intellect.
What is intended to impress by this example is that it is always possible to find some justification and excuse through the misconception and misuse of the Intellect even for the worst vices and misdeeds.
The entire world is cursing today the cult of Fascism and the names of its two champions; Hitler and Mussolini have become words of abuse in the political world. Only go through their philosophy of Fascism to see how logically and cleverly they have presented it to the world in the garb of something quite feasible and reasonable. Why is it so? It is indeed the misplacement and misuse of the Intellect that misguided them. Thus, there is no vice and crime in the world for which some justification cannot be found because of the misuse and misplacement of this faculty.

An example of the Jurisdiction of the Intellect
The well know historian and philosopher, Allama Ibn Khaldoon has written that the Intellect which Almighty Allah has bestowed upon man is indeed very useful and valuable but this is subject to the condition that it is utilised within its jurisdiction. It may be compared to the delicate scale which is used to weigh gold. If anyone uses it to weigh a large block of stone it will break. Now if any person says that the scale is useless, as it could not weight the block of stone, that person will be declared a fool. The truth is that the scale was used for something which did not fall within its jurisdiction, so it broke. (Introduction of Ibn Khaldoon. p-440)

The difference between Islam and Secularism
The basic difference between Islam and secularism is that Islam recommends the use of the Intellect strictly within its jurisdiction and not beyond that. If it is pressed into service beyond that not only will it fail to work but it will also begin to furnish wrong answers. If you operate a computer to tell you something which has not been fed into it, it will either not give any answer or will give wrong and misleading results. In the same way, this computer of the human intellect will give either no reply or misleading reply about something which has not been fed into it and that something is indeed the information that is preserved in the Divine Revelation. It will be absurd to utilise the Intellect and expect from it information which can be obtained only from the Divine Revelation. That is why Almighty Allah sent to this world from time to time His Prophets and Messengers with Divine Scriptures, the last of them being the Holy Prophet Muhammad (Sallallahu Alaihi Wasallam) who came to this world with the last of the Revealed Books, the Holy Qur'an. There is a verse in the Holy Qur'an, saying:
إِنَّا أنْزَلْنَا إِلَيْكَ الْكِتَابَ بِالحَقِّ لِتَحْكُمَ بَيْنَ النَّاسِ بِمَا أَرَاكَ اللَّهُ وَلَا تَكُنْ لِلْخَائِنِينَ خَصِيمًا
"We have indeed revealed to you the Book with the truth, so that you may judge between mankind (4:105)
This Revealed Book, the Qur'an, will tell you what is true and what is false, what is right and what is wrong, what is good and what is bad - things which you cannot know from your Intellect.
(To be concluded)
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#261 [Permalink] Posted on 29th February 2020 15:54
Muadh_Khan wrote:
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This is a question for the democratic societies in Muslim countries if they would like Shariah law implemented (along with the penal code) and it is for them to answer.

I really liked this portion of your answer.
If it was a decision arrived at by a democratic means, I wouldn't have an issue with it.
My real fear would be having it forced upon people, by people who's intentions may not be pure or good.

As you said, it's unlikely to ever happen here in my lifetime and therefor not something I should concern myself with.
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