Why Is It Impossible To Reform Sharia Law?
By Hasan Mahmud, New Age Islam
13 August 2023
Global Consortium 'Resolve Network' in a research
survey in Bangladesh found that more than 80 percent of the respondents
believed that corruption in the country would be reduced if Sharia law was in
place. A Pew Research Centre survey in 2011-12 found similar numbers – (both
reported by Bangladeshi daily Prothom Alo on 26 January 2022).
This article- “Examples of Sharia Law” shows that many
unjust and oppressive laws are found in the Sharia books:-
https://hasanmahmud.com/index.php/articles/islamic-english/240-examples-of-sharia-law
Maulana Mawdudi wrote - "(Muslim’s) sword and the pen
were supreme rulers. But then the vigour of their efforts weakened, and they
lost the ability to interpret the Sharia to suit the changing times" –
page 8, - ‘The Sick Nations of the Modern Age’. He missed that if Islamic
scholars try to “interpret the Sharia to suit the changing times”, their heads
will hit a stone-wall of some wired “authentic" hadiths and Islamic
documents.
Can they overcome it?
No, they can’t. They themselves tied their hands and feet by
creating these laws.
Here are two examples proving my point. Please note that in
general, punishments of these crimes are fixed by the Quran and Sunnah and
can’t be updated. All other laws fall into Tazir section that can be
updated:-
(A) Hudud crimes
are apostasy, revolt against the ruler, theft, highway robbery, adultery,
slander, and drinking alcohol.
(B) Qiyas -
Similar retribution for life and wounds, based on Quran 5:43,
(C) Diyat –
financial compensation payable to the victims or their legal heirs for murder
or inflicting injury.
All other laws fall into Tazir section that can be updated.
Let’s start our bumpy ride, fasten your seat belts!
Punishment of planned murder is death in Sharia law except
in 5 cases:-
(1) Head of
Islamic State can’t be punished for Hudud crimes – (Hanafi law Hedaya page 188
and CIL vol 3 law#914C),
(2) Criminals of
genocide and/or mass-rape can’t be punished if the repent in court (CIL** Vol1
Law# 13),
(3) Murderers of
apostates can’t be punished – “killing an apostate from Islam is without
consequences” - Shafi'i law book Umdat
Al Salik, authenticated by Al Azhar university- law #o.1.2.3.
Other 2 types of cases of criminals of planned murders
are:-
Example 1: - If parents or grandparents kill their children
or grandchildren, the murderer will not be punished with death. (CIL Vol. 1,
law# 65A, 65B, Shafi'i law Umdat Al Salik law #o.1.2.4:-
“The following are not subject to retaliation: a father or
mother (or their fathers or mothers) for killing their offspring, or
offspring's offspring”.
It is clearly an unjust law. But if the try to amend it, the
scholars will hit their heads on the stone-wall of Sahih Tirmidhi 1405:-
د ب
ُ ِ َال ُ الْو َُقاد ول َلا يـ ُ ق َُ َ يـ م َّ َل َس ِ و ْه َي َل ع ُ ه َّ ى الل
َّ ِ َصل ه َّ ُ َول الل َس ت ر ُ ْ ِع سمَ Sayyidina Umar ibn
Khattab (RA), said that he heard Allah’s Messenger (SAW) say, ‘A father will
not be killed for slaying his son.” – Sahih Tirmidhi Hadis 1405.
Similar Ahadees are also in Sahih Tirmidhi 1406 and Sunan
Ibn Majah Vol 3 Hadith 2662. What the scholars will do in such a dire
situation? How will they resolve such terrible assault on justice and Islam by
Sharia-Hadis coalition? Can they dare to change or reject those Ahadees? I
don’t think so. However, we believe that our Prophet (S) could not be so unjust
and imbalanced.
Example 2:- A Muslim shall not be put to death for murdering
an unbelieve’ - Penal Law of Islam page 149, Shafi law book Umdat Al Salik law
# o1.2 and o2.2.
Obviously, this is also an unjust law. But if the try to
amend it, the scholars will hit their heads on the stone-wall of 4 Islamic
documents:-
A. “No believer kills another believer in retaliation for an
unbeliever (Kafir) ' - Article 14 of Madina Charter of the Prophet (S), page 45 of 'The First
Written Constitution in the World' - Dr. Hamidullah.
B. 'A believer should not be put to death for killing an
unbeliever' - Sunan Abu Dawud Hadis
2745,
C. 'No Muslim shall be put to death for killing a
non-Muslim' – “al-Shafii's Risala – Treatise on the Foundations of Islamic
Jurisprudence”,
D. Narrated by Ali (R) - 'No Muslim should be killed for
killing an infidel' - Sahih Bukhari Vol 4 Hadith 283.
What the scholars will do in such a dire situation? How will
they resolve such terrible assault on justice and Islam by Sharia-Hadis
coalition ? Can they dare to change or reject those Ahadees? I don’t think so.
They have never shown the courage to question who, when, why and by what
authority wrote such anti-Islamic laws in the Sharia books. Most of those laws
are based on Hadis. We must not be hypnotized by the words ‘Hadis’, Bukhari
Tabari Sirat etc. We must examine each reference because these books contain
seriously objectionable reports. Few examples:-
A. Sahih Bukhari
Vol 7 Hadis 173 is terribly pornographic. It is so nasty that I can’t type it
here or read in front of others.
B. "Monkey
committed Illegal sexual intercourse" - Sahih Bukhari Vol 5 Hadith 188,
C. Verses on
death by stoning, and a woman commanded by the Prophet (PBUH) to breast-feed an
adult man were revealed but are not in our Qur'an because these verses are
eaten by a goat – Ibn Majah Vol 3 Hadis 1943, 1944 and Sahih Muslim 3424 to
3429 (6 hadiths),
D. Prophet Musa
(A) running naked on a crowded road – Sahih
Bukhari Vol 1 hadith 277,
E. Our Prophet
(S) was naked in front of people - Sahih Bukhari Vol 1 hadith 360,
The list is very long. These are our books, and we must face
them. In 2004 Turkish President Tayyip Erdogan took up “The Turkish Hadith
Project” and created a new compilation of good hadiths rejecting bad ones. Now
Saudi Prince MBS is doing the same. Our Alims must do the same. People’s
respect to them is not unconditional, they must bring welfare of the society
from Islamic sources. That’s why they are given an Islamic process of Ijtihad
that they rarely use.
* The 9 volume Sahih Bukhari I used is the translation of
Dr. Muhsin Khan of Medina university.
** “CIL” in this article is a three-volume "Codified
Islamic Law" is compiled mainly from Hanafi law by a committee of 6 Islamic
scholars. It is published by Bangladesh Islami Foundation.
-----
Hasan Mahmud is a
veteran researcher-author on Political Islam. He is one of the founding members
of MRM – “Muslim Reform Movement”; he was in the advisory board of World Muslim
Congress, the Director of Sharia Law of Muslim Canadian Congress and few other
organizations. He authored thousands of articles, 4 books and 4 docu-movies
critical to Sharia law. This article is from a chapter of his book – “How
Sharia-Ism Hijacked Islam: The Problem, Prognosis and Prescription”.
URL: https://newageislam.com/islamic-sharia-laws/impossible-reform-sharia-law/d/130437