Islamic Law and the Modern World - Essay Example

Islamic Law and the Modern World The Islamic Law is generally considered as a set of unchallengeable laws related to the religious and moral aspects of Islam. To be specific, Islamic Law is entirely different from the modern concept of rules and regulations. Besides, Islamic Law is generally known as Sharia, or the rules and regulation that should be accepted by the Muslims. From a different angel of view, Islamic Law is limited to the context of Islamic Republics, and secular law is never accepted within this scenario. The immigrant Muslims in the modern societies claim that Islamic Law must be adopted because the same provides special considerations to Muslims. Thesis statement: The Islamic Law is less important in the modern world because the same does not support democratic ideology, limits individual freedom, less secular, hijacks politics, manipulates economics, against modernity, and limits basic human rights within religious belief. This section is broadly divided as: Democracy, Freedom, Secularism, Politics, Economics, Modernity, and Human rights. Democracy: The concept of democracy envisions equal opportunity for all within national boundary. Besides, democracy is totally against the influence of royal families and religions groups over national politics. This is important for a modern state because democracy allows equal opportunity to all citizens. On the other side, an individual’s religions belief determines his/her worth and rights in an Islamic nation. To be specific, the laws related to Islam limits the scope of democracy within Islamic nations. For instance, the Islamic nations never allow democracy within national politics because democracy allows citizens to choose their government. Fatima Mernissi (2009, p.16) states that, ‘The pouring of masses onto the streets during the Gulf War, their calling for democracy, passed unnoticed in the Western media’. But some nations (Muslim majority) try to inculcate democracy within the mainstream society, known as Islamic democracy. For instance, some secular nations like Turkey try to redefine Islamic principles to inculcate democracy into the society. Still, this is not an easy task because Islamic principles, especially Sharia, are not in favor of democratic thought. Similarly, some other Islamic nations, like Pakistan, are not totally against democracy because Islamic law is not the one and only law in these nations. So, one cannot plainly blame Islam for the less scope of democracy within nations because the political elite and religious elite classes are responsible for the same. On the other side, the religious fundamentalist groups are in favor of the strict implementation of laws related to Islam. Then, there is no scope for democracy because Sharia law limits the scope of democracy. Freedom One can see the freedom is a basic human right because it helps individuals to be self-confident and to express their ideas in the society. The concept of freedom is defined in the modern society as an individual right to be free from external influences. But in Islam, freedom is defined within the limits or religious belief. If one is ready to accept the basic concepts and laws related to Islam, one can enjoy freedom with limitations. For instance, women cannot choose their own dress because the same must be according to the religious law. In some Middle Eastern nations under the direct control of Islamic ideology, women cannot go beyond the limits of their private domains. To be specific, women are supposed to be under male domination. Ruud Peters (1999, p.6) states that, ‘Nevertheless, one may object that Islamic law is in many countries still being enforced, especially in the domains of family law and the law of succession, and, in some countries, also in the field of criminal law’. In Islam, the believers do not have the freedom to choose a deity to worship. If they try to do so, apostasy laws will be implemented upon them. But all these facts are limited to those who believe in the basic principles of Islamic ideology. One can see that the Prophet Muhammad created the basic principles of Islamic belief. Within this scenario, belief in god is most important. After the Prophet’s death, the religious leaders and scholars redefined the concept of freedom within Islam and non-believers began to face a number of problems. The current problem faced by the Yezidi population in the Middle East is symbolic of false definition of freedom in Islam. So, one can easily identify that freedom in Islam is limited to an extent, and the same is totally against religious freedom. Secularism Within the context of an Islamic state/ Republic, secularism is with less scope because Islam’s domination overpowers other religions. If Islam is proclaimed in a nation as the state religion, other religions can thrive within the society, but with less importance and scope. So, this basic difference determines the scope of secularism within Islam. One can see that secularism never provides any importance to a particular religious sect. Besides, this helps different religions to co-exist peacefully. Most modern nations adopt secularism as a national agenda to treat different religions with equal importance. But Islam is based upon divine laws and this is totally inapplicable in a modern secular state. From a different angle of view, secularism allows atheism but Islam is totally against the same. Talal Asad (2003, p.2) states that, ‘Thus the opponents of secularism in the Middle East and elsewhere have rejected it as specific to the West, while its advocates have insisted that its particular origin does not detract from its contemporary global relevance’. On the other side, Islam considers human life as a preparatory stage towards life in the paradise. The structure of an Islamic Republic is based upon the rules put forth by Sharia Law. Besides, Muslims are not allowed to go beyond the limits of Sharia Law. When the concept of Sharia Law is superimposed into the context of secularism, one can see that the same is totally irrelevant because secularism never allows a religion or its law to dominate the society. Still, some Islamic nations like Indonesia are considered as secular because Muslims are majority but other religions are not under Islam. Politics One can see that national politics is linked with religion in Islamic Republics. Besides, the religious elite group or Ulamas control national politics in Islamic nations in the Middle East Asia. To be specific, Islam does not allow politics to be free from its influence because national politics is used as a tool to implement Islamic ideology and related laws. Besides, the religious leaders within Islam know that influence over politics can extend their reach in the society. Besides, Muslims in Islamic Republics in the Middle East and Africa consider that their religion must possess influence upon national politics because politics cannot be separated from religion. Carl W. Ernst (2004, p.1010) argues that, ‘“Islam”, therefore became practically useful as a political boundary term, both to outsiders and to insiders who wished to draw lines around themselves’. On the other side, immigrant Muslim population in the western societies considers that politics must be free from religious influence. Still, some nations in the Middle East, like Jordan, consider that the influence of religion within the context of national politics must be limited. One can see that Muslims in Islamic Republics support the influence of their religion in the national politics because the concept of Islamic Republic is based upon the laws related to Islam. On the other side, secular nations consider the influence of religion upon national politics as a threat. So, one can see that the basic principles of Islam emphasizes its influence upon national politics, but the modern world considers the same as a threat. Economics The law of economic within the context of Islamic ideology proclaims that the Prophet is responsible for the eradication of impure practices within the economy. To be specific, life on the earth is a test version of eternal life. So, individuals must depend upon each other and no one is independent. Every person is with specific role in the mainstream society and must contribute to the society. Still, inequality related to economic status must be considered as a test implemented by the almighty. So, the role of economic law is to purify the believers and help them to keep themselves away from sin. To be specific, a Muslim is responsible to provide economic aid to the needy, named as Zakah. This sort of self-motivated donation helps Muslims to be free from further taxes imposed by the government. Besides, all the economic activities must be sanctioned by the government. Sheikh M. Ahmad (1964, p.34) states that, ‘Unlike socialism Islam does not permit appropriation of lands without compensation’. On the other side, gambling is totally prohibited by the Islamic law because the same is against the fundamental principles of Islam. When individuals undergo agreements related to economic activities, it is advised to have proper documentation. But male domination in Islam limits the individual economic rights of womenfolk. To be specific, property is not equally divided and distributed among family members because male members have the right to possess major share of the same. In short, most of the economic principles within Islam are applicable to the modern world, but the same is against women in general. Modernity The current problems within the scenario of the Middle East prove that modernity is a nightmare for the religious fundamentalist groups. But these fundamentalist groups are ready to accept modern warfare techniques, but never allow the people to accept modernity. This sort of double standard raises suspicion upon the basic principles of Islam. Still, Islam is not against modernity because the establishment of Islam originates from the urge to inculcate modernity to the core of Arab society. To be specific, the Arabs (say, before the origin of Islam) used to worship nature and other gods. But the Prophet revolted against it and established Islam as an innovative religion. So, this can be considered as the attempt to purify the society with modern thought. Richard K. Khuri (1998, p. xxiii) states that, ‘Islam in the past has given rise to vibrant, cohesive communities, in which individuals have readily found their moorings and sense of purpose’. On the other side, the religious leaders consider that modernity limits the scope of Islamic ideology. So, the radical groups within Islam are totally against modernity and are in favor of the influence of Islam in the society. But some secular nations within the Islamic world are ready to accept modernity because these nations know that modernity is not against Islam as a religion. Human rights The general notion on Islam is that the same is totally against human rights because the believers are forced to accept religious laws and are never allowed go beyond it. Mona Siddiqui (2014, para. 16 of chapter 1) states that, ‘Modernity challenges all faiths and Islam particularly is criticized as arcane and even medieval in its thinking, especially in relation to certain human rights issues’. Similarly, the modern world criticizes Islam because human rights are important in the modern world but the same is considered as the byproduct of faith in Islam. One can see that the ancient world provided less importance to human rights because civilizations flourished with the help of forced labor. But in the modern world, forced labor is considered against the basic rights of human beings in general. One can see that the spread of Islam to other parts of the world was based upon the wars and conquests initiated by the Middle Eastern rulers. Besides, they made use of their political influence to spread their religious belief. Gradually, the followers began to consider that violence is acceptable in Islam. So, this difference in perception of the idea of rights is the grass-root level reason behind the misapprehension that Islam is totally against individual rights. Still, the modern rebellions like Arab Spring and Jasmine Revolution prove that the believers are not ready to be under the rulers who misinterpret Islam to satisfy their selfish motives. Summing, the world nations consider religious fundamentalism as a serious problem and the epicenter of the same is the Middle East. So, Islam is under distrust because religious fundamentalists within this religion proclaim that it is their duty to protect their religion from the Western nations, representing modernity. On the other side, innocent believers are under suspicion because their religious text proclaims that Jihad is their duty to protect their religion from non-believers. From a different angle of view, the laws and regulations pointed out in Quran were applicable to the nomadic tribes in the ancient period. But the fundamentalists try to implement these laws and regulations within their society and argue that the same is applicable to the modern society. Besides, this eventually leads to the origin of terrorism based upon religious fundamentalism. If the Islamic leaders are ready to accept the fact the fundamentalism cannot help a religion to grow, their religion can play an important role in the modern world. If not, the world nations will suspect Islam as political sect aiming to dominate the world. Bibliography Asad, T, 2003, Formations of the Secular: Christianity, Islam, Modernity, Stanford University Press, California. Ahmad, SM, 1964, Economics of Islam, Adam Publishers, New Delhi. Ernst, CW, 2004, Following Muhammad: Rethinking Islam in the Contemporary World, Univ of North Carolina Press, n.p. Khuri, RK, 1998, Freedom, Modernity, and Islam: Toward a Creative Synthesis, Syracuse University Press, U.S. Mernissi, F, 2009, Islam and Democracy: Fear of the Modern World, Basic Books, Cambridge. Peters, R 1999, ‘Islamic Law and Human Rights: a contribution to an ongoing debate’, Islam and Christian-Muslim Relations, vol.10, no.1, pp.5-14, viewed 31 October 2014, http://ruudpeters.nl/articles/Islam%20law%20and%20human%20rights.pdf Siddiqui, M, 2014, How To Read The Quran, Granta Books, New York. Read More