Is Islamic Law Compatible to the Modern World - Coursework Example

Is Islamic law compatible to the modern world? Name Institution Course Date Introduction Islamic law is not compatible to the modern world. The laws that are currently used in Islam were drafted many centuries ago. Over the past two centuries, there have been numerous changes to the world societies. In that respect, many religious elements that had been held for many centuries were challenged and altered to fit the modern context. Among the Abrahamic religions, Islam law did not change comparatively to the changes taking place in world societies. The emergence of scientific way of thinking in the modern world transformed the manner in which humanity views the world. Besides, it allocated places for both men and women to take active roles in the society. Ideally, modernity leads to creation of a secular society where people consider religion and its views from a different perspective. Unlike other religions, Islamic law prohibits challenging of its principles among its subjects. That was the reason why countries operating based on Islamic law have been heavily criticized by other nations in terms of equality, human rights issues, democracy, freedom of speech, domestic violence, equity in courts of justice, treatment of people from other religious backgrounds, and women’s issues in the society (Ernst, 2003). Main body The modern world is characterized by freedoms and democratic way of living. People from different gender backgrounds are expected to receive equal opportunities in all aspects of live. Nevertheless, many countries that operate under Islamic or sharia law have continued to demonstrate unequal provision of opportunities among genders. In many instances, women are looked down upon. The main reason why Islamic law is that it has never been reviewed to fit changes taking place in the world. Many groups that have emerged, such as fundamentalists and extremists, have created different interpretations of Islamic law to fit their personal interests. Such groups are not concerned about interests of other people across the globe. Sharia law has been proven beyond reasonable doubts that it is incompatible with modern trends. First, sharia law is incompatible with democracy, which is considered as one of the key elements of the modern and postmodern society. In many Islamic countries, political system is intertwined with religious system, and thus, Islamic law is solely applied. Islamic law directs that legal systems must be characterized by plurality and grounded on religion. Such sharia-based notion contravenes international standards of freedoms and democracy, like the Fundamental Freedoms and the European Convention for the Protection of Human Rights. According to the Islamic law, the state is the guarantor of individual freedoms and rights (Siddiqui, 2008). On the other hand, most of the states that have been created based on Islamic law apply dictatorial leadership, meaning that individual rights and freedoms cannot attain international standards. Sharia law allows leaders to infringe on the code of non-discrimination among individuals concerning their delight of public freedoms. Islamic law does not respect basic human rights, such as equal fortification under the law, equality in rights across genders, freedom of press, freedom of association, protection from religious freedom, and adherence to democratic principles. The stance was proven when numerous Islamic countries voiced their criticism towards the Universal Declaration of Human Rights (UDHR) for its inability to consider religious and cultural contexts of non-western countries. Ideally, the Islamic nations claimed that the declaration of human rights was secular in nature, and thus, could not be implemented in Islamic countries. The countries went ahead to draft the Cairo Declaration of Human Rights in Islam, which many human rights advocates claimed that it lacked fundamental principles of human rights. Islamic law has a limited view on human rights, and thus, many laws whose judicial system is based on Islamic law end up protecting their religion rather than preventing egregious violation of human rights. Islam gives its subjects limited chances to express their views and lead a life of their choice. Notably, Islam is not just a religion, but it is also a way of life. Islamic law is aimed at guiding people in their day-to-day operations and relationships among each other. The problem does not emanate from Islam’s provision of guidelines on its subjects, but rather, on the manner in which the guidelines are provided and the underlying intention. Unlike other religions, the ultimate goal of Islam is to bring all members of humanity into submission to Islam. That was the reason why Islamic law was established in a dictatorial system to avoid outside views that could potentially alter the goal. In the book of Surah 8:39, it is stated that Muslims are expected to fights relentlessly until there is no more oppression or tumult towards Islam (Pickthall, 1983). In Surah 61: 9, Muslims are also directed to fight against anyone who is against Islamic ideals, until every member of the human race claim that there is no other God except Allah (Pickthall, 1983). Such directives are not compatible with the modern dispensation where everyone is seeking religious freedom and the right to have personal choices in life. As earlier on stated, Muslims were directed to apply every mechanism available, including aggression, which is contrary to modern ideals. People in the modern society wish to carry out everything in life without undue influence or duress. Sharia law forbids freedom of conscience, thought and religion. The provisions laid down under the Islamic law are incompatible with the United Nations’ universal declaration of human rights. The universal declaration of human rights allows every human being the right to change his belief or religion. According to sharia law, if a person is raised and born as a Muslim, or converts to Islam, he or she will receive full right of citizenship in any Islamic state. In addition, such a person is prohibited from changing his or her belief or religion. Quitting Islam is considered a religious crime or sin punishable by death if the individual becomes an apostate. Before awarding the death penalty, sharia law demands that the individual will be given a chance to come back to Islam failure of which will amount to execution. In case an individual has never been converted to Islamism, and wishes to live in an Islamic state, then the individual will have to accept to a dhimmi. A dhimmi is an individual existing in an Islamic state by special permission known as aman. Having such a title will mean that the individual will be denied certain rights and privileges. In other words, a dhimmi will not enjoy equal rights and privileges with Muslim converts. A person who has never been a Muslim, commonly referred to as kafir or unbeliever or infidel, will be given a chance to change his or her religion to Islam. Rejection of the offer leads to serious repercussions, which may include being enslaved, killed, or ransomed if captured. The sharia theory encourages conversion of non-Muslims and disbelievers as a religious duty that must be adhered to without question (Ernst, 2003). In the current world, the increasingly secular world population does not support such hardline provisions. The reason is that it contravenes basic freedoms of religion, conscience, and thought. Recent research indicates that more than half of Muslim populations in Islamic countries advocate for death penalty for those who have been given an offer to join Islam but refused. Islamic law has strict rules concerning sexuality of human beings. In the modern world, people have increasingly realized that everyone has a right to choose his or her sexual orientation. In regards to LGBT rights, many people across the globe have accepted people with homosexual tendencies as part of the society. Nevertheless, according to sharia law, such acts are illegal, and in many Islamic states, they are punishable by death. Interpretation of sharia law in connection with homosexual sex differs considerably. However, what is clear is that such acts are illegal, except in Jordan, Bahrain, and Turkey where homosexual acts between consenting persons are considered legal. Acceptance of homosexual sex in Islam is new, although they are not expressly allowed under the sharia law. The fact that someone can be granted death penalty for making personal choices regarding sexuality are unsupportable in the postmodern world. Currently, many people are given a right to choose their sexual orientation, without influence or force from outside forces. Thus, sharia law can be said to be inapplicable in the modern dispensation. Under Islamic principles, women are the worst affected group because they are considered unequal to their male counterparts in many respects. It is difficult to apply sharia law in the current society because it greatly encourages inequality between genders. According to Islamic law, domestic violence against women is encouraged. If a husband suspects nushuz, that is, ill conduct, rebellion, disloyalty, or disobedience from his wife, he is free to beat up his wife. Some scholars have disputed that wife beating is inconsistent with modern viewpoint of Quran. Nevertheless, in Surah 4:34, domestic violence is permissible. Many nations based on Islamic law have historically failed to prosecute men who are accused of domestic violence because they believe that it is a permissible act (Pickthall, 1983). Women rights groups have in the past, criticized application of sharia law because of its tendency to ignore women’s rights by allowing domestic violence. Child marriage and personal status law found in Islamic law are contrary to modern views. In many Islamic nations, personal status laws are based on provisions laid down in sharia. The personal status laws are used to establish the rights of women in relation to child custody, divorce, and marriage. According to a report, which was released by the UNICEF in 2011, it was concluded that Islamic law is discriminatory against women in provision of human rights. Under the Islamic law, a woman’s evidence in a court of law is considered to be valued half of a man’s. Under the sharia law, child marriages are also allowed. Many religious courts in Muslim countries allow marriage of girls before the age of 18. The reason is that sharia law considers that women’s position in the society is to serve a man. Thus, their main tasks are child bearing and domestic chores (Siddiqui, 2008). That implies that women and girls are not allowed to enjoy the same privileges as their male counterparts in terms of education, employment, and decision-making in connection with primary duties in the society. In the modern world, women are expected to take an active role in all aspects of the society. Markedly, women in the current society are treated equal to their male counterparts, and thus, sources of inequality are strongly criticized. Islam does not proscribe women to work in public service. However, there are many laws that tend to disadvantage them in comparison to males. Islamic laws direct that men must treat their women well and be good to them because there are partners and committed helpers. The statement may imply that men are expected to be gentle to their women. On the other hand, women are categorized as helpers, meaning that they are expected to support their male counterparts and not vice versa. In other words, women have been relegated to subordinate duties under the sharia law. Unlike in the case of Christianity, Muslim women are not allowed take the role of a clergy, or lead in prayers where there are men. However, women are allowed to lead other women in worship. In terms of property ownership, sharia law allows both married and single women to possess chattels in their own right. Moreover, Islamic law also allows women the right to take over assets from other family members. Terms of inheritance are provided in detail the Holy book of Quran (Ernst, 2003). The problem with the laws is that they are subject to discrimination because a woman’s inheritance differs from that of a man, in terms quantity and attached obligations. Women’s inheritance from their families is usually half the share of their brothers. Under the sharia law, religion and state is merged. Given the degree of responsibilities charged on the state in the contemporary society, many roles are not likely to be performed to the required standards if religious institutions are merged with governmental agencies. Likewise, consideration of religious principles in the current society, where people demand freedoms and privileges may not be sustainable. Conclusion In conclusion, Islamic law is not compatible to the modern world because there are numerous areas that cannot fit the current context. Many elements of sharia law are considered as discriminatory to people who belong to other religions. In the modern world, people are required to respect personal choices and matters regarding culture, believes, and religion. Sharia law takes a hardline decision when it comes to provision of certain rights and privileges to members of the society. From the Islamic law perspective, people are expected to adhere to certain provisions without question. Thus, freedom of speech, conscience, and religion has no place if sharia law is to be applied in totality. Application of sharia law is also associated with many negative activities that are highly discouraged in the modern society. For instance, sharia law encourages domestic violence and unequal allocation of resources and opportunities to women in the society. Ideally, sharia law regards women as lesser human beings than their male counterparts. In many Islamic nations, women have been relegated to child bearing and domestic chores, while males have an opportunity to participate in decision-making and undertaking of important societal activities. References Ernst, C. W. (2003). Following Muhammad: rethinking Islam in the contemporary world. Chapel Hill (N.C.): University of North Carolina press. Pickthall, M. W. (1983). Holy Quran. Delhi: Taj Co.. Siddiqui, M. (2008). How to read the Qur’an. London: Norton & company Read More