Monday, April 28, 2008

Here is a good article I hope the readers just read it and understand the complexities and mistakes many muslim do

Views on 'Syariah'... the word, the meaning and other ideas

Posted by kasee
Thursday, 24 April 2008
I have no problems with christians using the word 'Allah' in their translation of the bible, as it is argued that the word means 'god' derived from the arabic language. Justified intentions for such 'uproar' of the 'issue' by muslims and christians alike is debatable.I would also like to point out that 'syariah' as in Syariah Law, also comes from the arabic language and isn't necessarily exclusive to Islam. I'm unsure of what its literal translation is, but from, it states: "There is no strictly static codified set of laws of sharia. Sharia is more of a system of how law ought to serve humanity, a consensus of the unified spirit, based on the Qur'an (the religious text of Islam), hadith (sayings and doings of Muhammad and his companions), Ijma (consensus), Qiyas (reasoning by analogy) and centuries of debate, interpretation and precedent."The 'syariah system' may have its origins in Islam (Qur'an & hadith), but its concepts and principles are universal (consensus, reasoning by analogy, debate, interpretation & precedent). Similarly to 'Islamic' banking which is developed based on the principles in Islam, but is universally appealing that even non-muslims use Islamic banking. Even the many fields of Islamic studies which includes theology, mysticism, philosophy, sociology, science, jurisprudence, art, literature and many more are universal in nature. These fields of studies are not 'Islamic'-specific but are broad human studies and search of knowledge. It's classified as Islamic studies just because they are done by muslims or founded by muslims. Whereas they have counterparts from people of other religion pursuing the same field of study. It is a known fact that modern mathematics, medicine and other fields of science have their foundations or have contributions from muslim academics and scholars of times past. My point is not that these field of studies have to be credited to Islam, but that the studies of these fields were in the spirit of humanity; knowledge to be shared for all humanity. Please look up 'Islamic studies' in to find out more details.Many more 'terms' found in Islam are merely words in arabic, yet the definition behind it, the principles that govern it, the concepts that shape it; can be beyond any 'religion'. Syariah Law, Civil Law, Common Law; the name doesn't matter. What matters is the system and whether it is fair and just to all. Syariah Law is not merely about Islamic divorce and Islamic family law, or just deals with sex out of wedlock, not fasting during Ramadhan, apostasy; all issues related to muslims. It is much more than that. There should not be any problem with there being only 'one' Court of Law in Malaysia, but it can be divided into many divisions such as criminal, commercial, family, muslim-related etc. As I've said before; consensus, reasoning by analogy, debate, interpretation & precedent; can be used when deriving and defining the law and its system. Whether to term it Syariah Law, Civil Law, In-Law, My-Law... is besides the point.The process of deriving and defining such laws should not just involve muslim scholars and academics, but also non-muslim scholars and academics; representing any or every religion, level of society and related fields of interest. Use & apply reasoning & precedent; debate the matter and issue; interpret with wisdom; and decide on consensus. One Court of Law, but separate clauses in the law for muslims or non-muslims if applicable. This may seem as practicing double standards, but I think it's fair considering matters like alcohol drinking, gambling, sex, adultery, divorce and so on, where people of other religion may have different principles, views and ideas on fairness, justice, enforcement or morality. keyword: consensus. Such issues like hudud or not, keyword: debate, interpret & consensus.Apostasy in Islam is a sensitive matter that has been politicized as a religious issue. However, I view it as a personal matter between the apostate and God. In Malaysia, it never really was a religious issue, but a legislative, authoritative and administrative matter. Why? Because the issue originates from someone wanting to change the religion stated on ones identity card (administrative) so that one does not fall under the authority and purview of Islamic law (legislative) and enforcement (authoritative) when dealing with marriage, divorce and so on. If one does not wish to be a muslim; after counsel with an Imam or someone with the right knowledge and wisdom (not 'brain-washing' or 'degrading the person' type of session); then let it be. Trust and have faith in God. What is meant to be will be. In the end, all shall be judged by God. The fact of the matter is, don't be overzealous in brandishing or harping on the 'name'or 'term' just for the sake of promoting 'Islam'. Neither should you be afraid or overreact in such negativity to such 'name' or 'term' just because its 'Islamic' nature. 'Syariah' is just an arabic word. Seek knowledge and apply wisdom. Take the good; leave the bad. Positive over negative. Is it really that hard?I hope someone who is more knowledgeable and a lot wiser than I am, can expand further on my arguments, views and ideas with more facts, examples and further discussions. To agree or to disagree, it doesn't matter as long as it is constructive.By backs, just another Malaysian


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