By Halim Rane
24 Sep 2020
In his
widely-read book on Shariah, Mohammad Hashim Kamali observes that Islam today suffers from an “overly legalistic tendency which the
latter-day Muslim jurists have embraced at the expense sometimes of the spirit
of Islam, its moral and devotional teachings.” For the past several decades,
governments of some Muslim-majority countries, leading institutions of Islamic
education, and imams in mosques across the world have given higher priority to
law over ethics in teaching and preaching Islam. At the extremes, misuse and
misunderstanding of the term Shariah has been associated with horrific crimes
against humanity in the name of Islam and anti-Islam hysteria among far-right
groups in the West.
New
research shows that most Muslim Australians show a preference for ethical over
legalist thinking about Islam. (Attila Csaszar / Getty Images)
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Terms like
Shariah are used
almost synonymously with Islam as if what is stated as Shariah law is Islam. Kamali notes that “the tendency to over-legalise Islam
is common across the board in the writings of both Muslims and orientalists.”
This is in spite of the fact that the Qur’ān seldom uses the word Shariah, and does so not in relation to
law but one’s path or way of life (45:18). Moreover, analysis of all of the major
and minor collections of the sayings attributed to the Prophet Muhammad
(hadith) shows that he very rarely used the terms Shariah or Fiqh (jurisprudence), and never
framed Islam in reference to them. In the handful of instances they do appear,
Shariah and Fiqh are
used in accordance with the Quranic definitions of a path and understanding
respectively, rather than law or jurisprudence.
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Over the
past two decades, there has arguably been more scrutiny and study of Islam than
any other religion, including by Muslims. A recent survey of Islam in Australia
collected responses from 1,034 Muslim Australian citizens and permanent
residents and found that for most Muslim Australians, ethics rather than law
influences their understanding and lived experiences of Islam. This was
observed in the way the respondents self-identify, the way they interpret the Qur’ān, and in their responses to
questions concerning ethical, social, and theological issues.
When asked
what type of Muslim they would describe themselves as, far more respondents
identified with descriptions that align with ethical principles than law. 89
per cent agreed or strongly agreed with the statement, “Islam aligns with human
rights, civil liberties and democracy”; 75 per cent agreed or strongly agreed
with the statement, “I am a committed Muslim who believes in the rational,
cosmopolitan nature of the Islamic tradition based on principles of social
justice, gender justice and religious pluralism”; and 59 per cent agreed or
strongly agreed with the statement, “I am a committed, reform-minded Muslim who
emphasizes the spirit and ethical principles of Islam over literal
interpretations.” By contrast, a minority of 43 per cent agreed or strongly
agreed with the statement, “I am a strict Muslim who follows Islam according to
the laws of Shariah”; 21 per cent agreed or strongly agreed that, “politics is part
of Islam and advocates for an Islamic state based on Shariah laws”; and only 8
percent agreed or strongly agreed that, “an Islamic political order and Shariah
should be implemented by force if necessary.”
A
preference for ethical considerations over legalist perspectives was also
observed in how Muslim Australians believe the Qur’ān should be interpreted. 80 per cent
of the survey respondents said the Qur’ān “should be read and interpreted contextually in
relation to historic and social contexts”; and 76 per cent said the Qur’ān “should be read and interpreted in
relation to the principles (Maqasid)
of Islam.” By contrast, 30 per cent said the Qur’ān “should be read and interpreted
literally,” and 16 per cent said “according to the interpretations of classical
scholars only.” These findings indicate a preference for contextual and ethically-based
interpretations of the Qur’ān over literal and legalistic interpretations.
The
influence of ethics over law in how Muslim Australians think about Islam was
perhaps most clearly shown in responses to a number of questions concerning
ethical, social, and theological issues. 95 per cent said, “Marriage should be
based on mutual respect rather than the subservience of one spouse to the
other.” Concerning human equality, 93 per cent said, “People of all religions
and no religion should be treated equally”; and 84 per cent said, “Women should
be given the same rights and opportunities as men.” Additionally, 93 per cent
said, “someone who dies attacking innocent civilians is not a martyr”; and 92
per cent said, “halal certifiers should assess the ethical treatment of animals
as part of the halal certification process.”
In relation
to how Islam is taught and preached, 83 per cent said, “environmental
sustainability should be given higher priority in Islamic discourse,” while 76
per cent said, “there needs to be more emphasis on Islamic ethics rather than
jurisprudence when teaching Islam.”
In spite of
the emphasis some Muslim preachers and anti-Islam activists place on sharīʿah law in defining Islam, this seems
to be inconsistent with the way most Muslim Australians understand, interpret,
and express Islam today. In accordance with the original teachings of Islam,
law has its place but is not its defining aspect. Perhaps due to the misuse or
misunderstanding of sharīʿah as law, most Muslim Australians show a preference for ethical over
legalist thinking about Islam. Preachers and opponents of Islam who continue to
define Islam by sharīʿah seem out of touch not only with the Qur’ān and hadith, but also the views of
contemporary Muslim Australians. Further research is needed to determine
whether this may be apparent in other Muslim-minority as well as
Muslim-majority contexts.
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Halim Rane is an Associate Professor of Islamic
Studies at Griffith University where he leads the Islam in Society field of
study. His latest journal article is titled “Islam in Australia: A National
Survey of Muslim Australian Citizens and Permanent Residents.” He is the
current president of the Australian Association of Islamic and Muslim Studies
(AAIMS).
Original Headline: Ethics rather than law
influences most Muslim Australians’ understanding of Islam
Source: ABC Religion and Ethics
URL: https://newageislam.com/islamic-society/muslim-australians-self-identify-with/d/122984
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