Sharia: A Process, Methodology, and Moral Inquiry
By
Adis Duderija, New Age Islam
22 August
2024
“Shari’a is a process, methodology and moral
inquiry”
Khaled Abou El Fadl’s insightful conceptualisation of sharia as a process, methodology, and moral
inquiry opens up a vital discourse on an often-misunderstood system. In a world
where sharia is frequently reduced to simplistic, negative caricatures, Abou El
Fadl emphasises its dynamic, adaptive, and ethical dimensions. This essay will
explore how sharia can function as a process of moral inquiry, a methodological
approach to understanding human behaviour, and a framework to achieve justice,
all while emphasising its relevance in contemporary society.
Understanding
Sharia Beyond Stereotypes
The term
sharia is frequently invoked in political debates and media portrayals, often
overshadowed by extremes. Many people view it solely as a legalistic framework
that dictates punitive measures. However, Abou El Fadl invites usto reframe our understanding of sharia as a
living tradition that evolves with human experience and moral inquiry. This
more nuanced view recognises sharia as not merely a set of laws but as a
comprehensive system of ethics and morality.
Sharia,
derived from the Arabic word for path, suggests a road toward justice and
righteousness. It is essential to grasp that sharia encompasses not only legal
rules but also spiritual, ethical, and social dimensions. This broader perspectiveallows us to appreciate sharia’s potential as a
tool for social justice, moral obligations, and communal responsibilities.
Sharia
as a Process
At its
core, Abou El Fadl argues that sharia is a process, an ongoing engagement with
the text and context of Islamic teachings. This process is rooted in a deep
commitment to ethical reflection and interpretation, a form of ijtihad
(independent reasoning). The idea of sharia as a process highlights the
importance of context, history, and the dynamic nature of human experience.
The notion
of sharia as process encourages an adaptive approach to challenges faced by
Muslim communities in the modern world. In confronting contemporary issues such
as gender equity, economic justice, and interfaith relations, the sharia
process calls for critical engagement with scripture and tradition. This
engagement fosters a deeper understanding of human dignity and justice,
recognizing the inherent complexities of life.
Moreover,
this process-oriented approach underscores the importance of scholarly
discourse and debate within Islamic jurisprudence. By allowing diverse
interpretations, sharia cultivates a rich intellectual tradition that empowers
individuals and communities to navigate moral dilemmas. Far from being a
monolithic set of rules, sharia thrives through the interplay of voices,
encouraging a multitude of perspectives on ethical concerns.
Methodology:
Recognizing Pluralism and Context
Sharia as a methodologyextends beyond religious confines, engaging in
a broader discourse on morality and ethics. It serves as a structured way to
examine human behaviour, ethical dilemmas, and social norms. This
methodological lens involves critical inquiry, allowing both advocates and
critics to explore the implications of various interpretations and applications of sharia.
Abou El
Fadl emphasises the importance of creating a pluralistic understanding of
sharia, rooted in respect for diversity and differences within the Muslim ummah
(community).This pluralistic foundation enables a more profound exploration of
ethical issues, encouraging discourse rather than dogmatism.
In
practical terms, this methodology invites scholars, practitioners, and
laypeople alike to engage in rigorous ethical discussions. It encourages a
focus on the underlying principles of justice, compassion, and human dignity,
fostering dialogue that transcends simplistic dichotomies. This can lead to
innovative solutions to pressing social issues, advocating for a
sharia-informed perspective that is relevant in today’s globalized world.
Moral
Inquiry: The Ethical Imperative of Sharia
At its most
profound level, sharia embodies moral inquiry. Abou El Fadl highlights that the core of sharia is its ethical
dimension—its imperative to seek justice, promote human welfare, and enhance
the moral fabric of society. This moral inquiry is founded on the principle
that ethical behaviour is a central tenet of a believer’s life, bridging
personal conduct and communal responsibility.
In the
context of contemporary challenges, such as social justice movements,
environmental sustainability, and global inequalities, sharia’s ethical
imperatives can provide valuable insights. By encouraging a holistic
understanding of justice, sharia invites engagement with broader human
experiences, offering pathways to address societal issues with compassion and
reason.
Bridging
Tradition and Modernity
One of the
most pressing concerns in discussing sharia is its application in today’s
world, especially in relation to issues of human rights and gender equality.
Abou El Fadl advocates for a reconciliatory approach that respects traditional
values while critically engaging with modern realities. This synthesis can lead
to a form of sharia that is not only faithful to Islamic principles but also
responsive to contemporary ethical standards.
For
example, in discussions around gender justice, sharia can be reinterpreted
through a lens that promotes equality and empowerment. By engaging with
historical contexts and recognising the agency of womenin interpreting sharia, we can
develop a more equitable approach that honours the essence of Islamic teachings
while addressing modern concerns. This process is ongoing, requiring
collaboration among scholars, activists, and community members, demonstrating
that sharia can evolve meaningfully without losing its core identity.
The Role
of Education and Engagement
To promote
a more profound understanding of sharia as process, methodology, and moral
inquiry, education plays a crucial role. Educational initiatives that foster
critical thinking, ethical reasoning, and engagement with diverse
interpretations can help combat stereotypes and extremism. By equipping younger
generations with the tools to engage with their faith in a thoughtful manner,
we can cultivate a culture of understanding and respect.
Community
engagement is equally essential. Interfaith dialogues, community service
projects, and civic discussions about sharia can foster a greater appreciation
for its ethical dimensions. By bringing together people from various backgrounds
to explore sharia’s implications for justice and morality, we pave the way for
a more harmonious coexistence, grounded in mutual respect and understanding.
Conclusion
Khaled Abou
El Fadl’s portrayal of sharia as a process, methodology, and moral inquiry
prompts a vital re-examination of its role in contemporary society. By viewing
sharia through a dynamic lens, we uncover its potential as a framework for
justice, ethical engagement, and moral reflection.
In a world
often marked by division, misunderstanding, and conflict, embracing this
nuanced perspective on sharia can cultivate dialogue, facilitate ethical
inquiries, and promote social justice. By grounding our discussions in the
principles of compassion, respect, and intellectual rigor, we can draw from
sharia’s legacy to address contemporary challenges authentically.
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Checkout
Dr. Adis Duderija’s personal website at: https://dradisduderija.com/
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A
decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in
the Study of Islam and Society, School of Humanities, Languages and Social
Science; Senior Fellow Centre for Interfaith and Intercultural Dialogue,
Griffith University | Nathan | Queensland | Australia. His forthcoming books are
(co-edited)- Shame, Modesty, and Honora
in Islam and Interfaith Engagement Beyond the Divide (Springer)
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