Books and Documents

Islamic Sharia Laws (06 Jun 2014 NewAgeIslam.Com)


  • Dear Rafiq Lodhia Sahab,

    I am grateful to you for speaking so highly of me and putting my name alongside Dr. Fadl’s whom I cannot match in scholarship, breadth and depth of knowledge and academic and personal accomplishments even if I were to live another lifetime. He is God gifted and can learn, retain and transmit knowledge as an intellectual giant, in gigantic strides, and I am but a minion and can hop along in small steps and never ever reach anywhere near him though I am grateful to God for my analytical skills and my passion to probe the essence of our faith and to speak out without fear not like the mukire Qur’an who parallel the Qur’an with the hadeeth though a great many of them contradict the Qur’an.  

    Coming to your comments about the detractors of healthy debate, long ago I identified a category of commentators in the following statement in an article referenced below – though as a human I cannot be infallible:

    "(There are) imposters and agents of enemies who can barge into it (this website) with Hindu and Muslims names in order to foil any healthy debate, block any reform in Islam, create inter-faith hostility and strengthen the hands of extremists, terrorists and fundamentalists – some of these are obviously on the payroll of the enemies of Islam and India but as traitors and mercenaries, they can be of any religion and assume any name."

    Ref: Use and Misuse of Freedom of Expression on this Islamic website (New Age Islam) and need for a Clear Agenda.


    The unrelenting effort of some of the brightest minds on this forum to quote the weakest ahadith or to readily support any malicious criticism of the Qur'an in the name of freedom of speech does worry me as in my study of humans and research into the Qur'an I found them somewhat like the hypocrites of the Prophet's era whom the Qur'an called rijz (spiritually unclean) (9:95), liars (9:42, 9:107, 58:18, 63:1) and deviants (fasiqun) (9:96, 9:67),  hurled divine curse on them (9:68, 33:73), charged them to being intense in kufr and hypocrisy (9:97, 9:101) and the most despised among the Prophet’s followers, singled them out as the comrades of Satan (58:19/20) and relegated them to the lowest depths of the hellfire (4:145). I pray they look at the faith of Islam in an objective manner rather than with a pre-conceived notion of malice and ridicule – as their words betray and seek forgiveness of God, lest they may be losers.  

    I want to keep our conversation through this forum as it may enable us to dispel the misconception of some of its inveterate revilers who would have winked at each other if they came across us in any public place like the arrogant Meccans passing by the humble followers of the Prophet.

    By the way, may I request you to get my following joint publication through Amazon.com as it is practically the source material for all that I write on this forum. It is authenticated by Dr. Khaled Abou El Fadl in these words:

    The authors do not offer a personalized view of their own religiosity; they explain in a very straightforward and accessible fashion what mainstream Muslims believe in and especially, what the Qur’an itself teaches.  Non-Muslims will understand why well over a billion people call themselves Muslim and also how Islam inspires Muslims to deal with and improve upon the world in which they live.  Indeed this book manages to translate the Muslim vision or the way that Islam heals the ailments of humanity in the current age and every age.  Readers who wish to learn the theological and moral dogma of Islam will find this book indispensable.  But this book is not just an informative tool for the fair-minded and interested reader.  This book is an educational tool for both Muslims and non-Muslims—it is an authoritatively reliable text to teach young Muslims, or even Muslims who never had the time to study the Qur’an, or the fundamentals of their religion.  The book is written with the kind of balance and fair mindedness that makes it equally valuable for Muslim and non-Muslim students of Islam.  The least I can say about this text is that it was written by two ethically conscientious and principled Muslims in order to share their religion with every ethically conscientious and principled reader in the world.  They must be heard.


    Dr. Khaled M. Abou El Fadl

    Alfi Distinguished Professor of Islamic law


    If you do obtain and read the book and feel the need to propagate it in America, we can surely have e-mail communication on this special project.   

    I will revert on your query re verses 5:49/50 in my next comment.

    By muhammad yunus - 6/15/2014 9:41:07 AM

  • I am busy with a research on Deen, Millah and Shari'ah. How these differ from each other even though these are often referred to by some scholars as meaning the same.

    Could you please mail me this article.

    By Faried de bruyns - 6/14/2014 7:29:20 PM

  • My Dear Yunus Saheb,


    As-Salaam Alay-Kum


    First of all, aside from highly respecting your in-depth explanation of where things went wrong in the accurate translation of the Islamic laws, I must candidly inform you not to expect the younger generation of Muslims to take an interest in your scholarly work. The reason being that the Muslim youths like all the rest are more so focused on the smaller window of their iPhones and are busy chatting away whatever is in their minds all day long. In short, reading is out and texting is in.


    Honestly speaking, comprehending your scholarly work will be extremely difficult for young Muslims who were born and raised in the western world. You of all should not be disheartened as it is not easy for many to digest the details of your narration of “Classic Islamic Law” versus the “Divine Sharia Law.


    What is baffling to me is that in two of your articles, you gave reference to Sura 5 – Verse 48, but you did not mentioned Verse 49 nor 50 which translates as follows:


    Maulana Abul Kalam Azad


    Sura 5 - Verse 49


    “Wherefore do you judge between them by that which God hath sent down and follow not their desire and be on your guard lest they tempt thee away from any of the commandments which God had sent down to thee. But if they turn back, then know thou that God will let them fall into trouble for some of their sins and that a good many men are perverse.”


    Sura 5 – Verse 50


    “Desire they then to revert to the law of the time of ignorance? What better law can there be that God’s for a people firm in faith.”


    Maulana Wahiddudin Khan


    Sura 5 – Verse 49


    “Judge between them by what God has sent down and do not be let by their desires. Beware of them lest they turn you away from a part of that what God has revealed to you. If they reject your judgment, know that God intends to punish them for the sins they have committed. Indeed a larger number of the people are disobedient.”


    Sura 5 – Verse 50


    “Is it pagan laws they wish to be judged by? Who is the better judge than God for whose faith is firm?”


    It is imperative for ordinary Muslims be they young or old to be able to grasp the meaning of the Verse 48. In my opinion, one must also fully understand Verse 49 and 50 in entirety in order to get a clear picture of why Verse 48 is highlighted, whereas, Verse 49 and 50 are omitted in your essay. Though, as informed to you earlier, I am not well versed about many of the rulings of “Classical Islamic Laws, nonetheless, how can you, or for that matter, all the leading Muslim scholars take a gigantic leap from the Classic Sharia Law to Modern Islamic Law? As you well know, the word “Sharia” is considered as toxic by many in America. You mentioned that Classic Sharia Law stands in sharp contrast to the realities of the modern era, then what you and scholars like Khaled Abou El Fadl suggest we do?


    Yunus Saheb, I am afraid in this forum, I doubt that many readers will be eager to carefully analyze the progression of Islamic laws during the various stages of Islamic history. Well, let’s say, only if one is a history buff. No doubt, your scholarly comments are worth reading, but you should not be surprised if you find that hardly any young Muslims find time to read about what you have been so painstakingly trying to relay to many Muslim readers thus far.    


    Finally, if you recollect, I once requested for your personal email address. I feel that any exchange of communication on this forum can be taken out of context, whereby Sultan Shahin Saheb will remain helpless. Henceforth, when it comes to raising some sensitive questions that can well be taken out of context by the likes of “Hats Off” and “Secular Logic” and not to mention the “Ex-Tablighi, it will be good to have a private exchange rather than openly display it on the “New Age Islam” forum. You have already witnessed what can happen, let alone my little input that gets more or less discarded. Intellectual discussions cannot be held in an atmosphere where a handful of commentators remain “Intellectually Dishonest” throughout the entire debate.  


    May Almighty Allah bless you and your beloved family members.     


    Warmest personal regards,


    Mohammed Rafiq Lodhia

    By Mohammed Rafiq Lodhia - 6/14/2014 12:53:30 PM

  • Dear Meraj Alam,

    What has made you say, "how much dishonest you are that you are taking benefit from their books and considering that they are against quran.

    I have simply quoted a fundamental principle of jurisprudence in the Classical Islamic Law from an intensively researched juristic publication that " Any Qur’anic verse which contradicts the opinions of ‘our masters’ will be construed as having been abrogated, or the rule of preference will be applied thereto. It is better that the verse is interpreted in such a way that it conforms to their opinion.” [Doctrine of Ijma in Islam, by Ahmad Hussain, New Delhi, 1992, p.16.].

    If you have a juristic background, you may read the article again to appreciate that the  author has been honest in presenting his arguments. If you do find any dishonesty as you claim, it is probably due to your preconceived veneration of Classical Sharia law as divine laws and confronting something to the contrary.
    Thank You

    By muhammad yunus - 6/14/2014 8:52:26 AM

  • muslim jurists have better understanding of Quran than you mr muhammad yunus. how much dishonest you are that you are taking benefit from their books and considering that they are against quran. 

    By Meraj alam - 6/14/2014 2:34:36 AM

  • Mohd Mansoor Alam sahib, aap site ka mutaleaa karte rahein. aap ko andaza ho jaega. comment bhi karte rahein.
    By Sultan Shahin - 6/13/2014 10:45:51 AM

  • साहब आप की वेबसाइट newageislam मैं ने देखा। अच्छा लगा। आप नए युग के इस्लाम की बात कर रहे हैं जैसा कि आपकी साईट का नाम ही यही है। मुझे आप बताएं कि आप इस नए युग में कैसा इस्लाम चाहते हैं?

    By Mohd Mansoor Alam - 6/13/2014 5:11:24 AM

  • Ghulam Ghaus غلام غوث - 6/7/2014 1:41:01 AM
    "Islam is a flexible religion that can be compatible with the changes and necessities of the modern era"
    please give some examples.

    By rational mohammed yunus - 6/13/2014 12:48:06 AM

  • This is an important piece and is very relevant to our present times. More people should try to understand Mr Yunus' viewpoints; I am sure he has taken great pains in his research works. 
    By Aiman Reyaz - 6/10/2014 9:04:19 AM

  • Islam is a flexible religion that can be compatible with the changes and necessities of the modern era. Any law that does not stand in contradiction to the Qur’an and Hadiths but benefits Muslims (when talking about Muslim personal law) can be amended, changed or abrogated either. The classical Jurists also did their best to reach out to the exact meaning of the Qur’an and Hadiths, gauging the then needs and passage of that time. But in this push-button age, our needs are different from theirs. Therefore, we can change, amend or even abolish our laws to such an extent indeed that they should not contradict the Qur’an and Hadiths. 

    By Ghulam Ghaus غلام غوث - 6/7/2014 1:41:01 AM

  • Laws cannot be immutable. Only Quranic principles that should underlie our laws are immutable. As Yunus sb. says, these principles include, " justice, liberty, equity, good deeds, good neighborly and inter-faith relations, sharing of wealth with the poor, eradication of slavery, deliverance of women from various entrenched taboos, empowerment of women, use of intellect (Aql) and rational logic (Fiqha) , striving for excellence etc."  Man's comprehension of such divine principles deepens as societies evolve. Hence the need to keep our laws up-to-date.

    By Ghulam Mohiyuddin - 6/6/2014 1:12:11 PM