How Islamic laws facilitate ethics to grow in a Muslim society in the rapidly changing modern world where the ummah is facing new challenges of cultural invasion from the West?
Answer
As-salamu `alaykum, welcome to the discussion.
Islamic law has a unique feature, which is that it always aims to achieving specific ethical or moral objectives (Arabic: maqasid) from its rulings.
Islamic rulings of `ibadat (acts of worship) and mu`amalat (dealings) are all aiming at specific moral objectives. For example, Allah mentioned that Salah (regular prayers) "forbids (people) from immoral actions)", and that Hajj (pilgrimage) encourages "no immorality and no mischief". Regarding dealings, all rulings that were put for trade and contracts, etc, are all aiming to achieve certain values, like justice, fairness, etc.
So, Islamic laws (correctly applied) do spread morality in society. In other words, Islamic law is a "moral law" or "natural law" in the Western legal language.
Name
Lady Blue
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Profession
Question
The Qur'an says that Muhammad is a *{mercy to all beings}*.
How is this reflected through the rigid system of Islamic Shari`ah law?
As far as I understand, Muhammad's responsibitly was to implement Shari`ah in down-to-earth life.
Don't you find contradiction between the rigidity of Shari`ah and mercy as being the ultimate goal of the existence of Muhammad?
Please clarify.
Answer
Yes. Muhammad is *(but a mercy to all beings}*
Speaking in general terms, I don't think that there is a problem with "Shari`ah," which is the Islamic way of life. However, there is a major problem with the mis-application of this Shari`ah. Shari`ah is aiming at achieving two objectives: mercy and justice. These are the two most fundamental Islamic higher values and underlying principles. But the problem is that some people in influential political and intellectual positions in the Muslim world mistakenly understand that Shari`ah is a means for oppression or political control, and they publcize a certain understanding of the Shari`ah for some worldly political goals. The people (who are Muslims, unfortunately) make a bad reputation of Shari`ah, and they harm Islam more than its offenders.
Name
Isabelle
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Profession
Question
How does Islam reconcile a fast-paced and fast-changing world with ethical absolutes? If nothing changes in Islamic Law, but the times, and people change, then isn't this formula headed for some kind of show-down?
Answer
Yes indeed. You make an excellent point here. In my view, there is a fine balance that Muslims are supposed to keep between relativism and absolutism.
What is absolute and unchangeable in Islam is its spiritual ideals and moral values that Islam is striving to materialize in people's lives, for example, justice, freedom, mercy, firm belief, honesty, equality of human beings, etc.
These ideals and values are absolute, but their application, which is the way these ideals manifest themselves in a specific environment, is relative. This is how the show-down you talked about could be avoided.
Name
Amina
- United States
Profession
student
Question
As-salamu `alaykum,
I myself, alhumdu li Allah, have no trouble believing with certainty that all aspects of Islamic law were and are applicable to Muslims, that Allah SWT placed them for a reason, and if followed correctly, will lead to improvement in values and actions of believers. My dilemma is related to convincing others that Islamic law is indeed applicable and practical, especially in relation to non-Muslims who may question the validity of laws set by Islam.
Jazak Allah khair.
Answer
Jazana wa `iyakom.
I would say that you should make your non-Muslim friends aware of the difference between Islam and Muslims, in other words, between Islamic laws that are set to achieve certain ideals of justice and mercy on one hand, and the application of these laws in some Muslim countries, on the other hand. Some of these applications (or rather mis-applications) are as far as one could get from the Islamic ideals of justice and mercy.
Name
Jonathan
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Profession
Student
Question
A student of Islamic Studies in a Western university is exposed, I believe, to a more balanced or at least more diverse field of study, where Islamic Law is not taken as a given, but studied objectively. If as we sometimes hear, in the Islamic countries, Islamic Law is presented as the given perfect legal system, doesn't that mean that there is no room for improvement, and that there is no room for discussion?
Shouldn't a law that is supposed to govern people be subject to the discussion of those people? Where does the sovereignty of the masses come in?
Answer
"Objectivity" should actually be part of research in Islamic law, whether in Eastern or Western universities. This objectivity is studied in Islamic jurisprudence under the theme of "maqasid" (purposes or telos) or "masalih" (utility or people's interest) of the rulings. Islamic law is supposed to apply in a way that achieves these maqasid not contradict them, and this is the area of "ijtihad" (free reasoning) that Islamic law allows and encourages.
Name
Lady D
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Profession
Question
The "maqsad," (intention or goal) of Shari`ah in general is ethics (akhlaq). Being born Muslim, who has lived in the West, I see a vast gap between the ethical code of Islam and the Western code of ethics.
The gap I mean is related to the eternity and solidarity of this code of ethics.
I mean that what was considered negative 1400 years ago in Islam is still negative in Islam today, while this is not the case in the Western ethical code.
Yesterday the West viewed homosexuality as being negative, while today it is accepted. The case definetely isn't the same in Islam. This is just an example of what I mean.
Please give me your reflection on the matter.
Answer
Well. I will make 2 points in an attempt to address this serious and important question:
1) Let us differentiate between ethical values (ideals) and ethical norms (i.e. specific ethical decisions). Ideal values (such as justice, honesty, freedom, etc) are not supposed to be subject to evolution with the change of time and era. But ethical norms, which are the practical implications of these ideals, could change in a way that preserves and promotes the ideals.
2) There are certain "acts of worship" (Arabic `ibadat) in Islam that are supposed to be taken for granted and are not supposed to be subject to change. A clear example is Muslims' daily prayers (the way we pray, the way we wash before the prayer, the number of prayers and their timings, bowing, supplications, etc). Muslims in all these actions are simply following the example of the Last Prophet (peace be upon him) and are not supposed to "develop" any of these actions based on some wisdom or rationale behind them that one might conclude.
On the other hand, actions that are in the category of "dealings between people" (mu`amalat) are supposed to be subject to how much they achieve the wisdom behind them and the underlying moral rationale.
In my view, forbidding certain actions (for example, sexual relations between two men or two women) is an Islamic "act of worship," similar to forbidding liquor and adultry. We could reflect upon the wisdom behind this ruling and we could sure discuss whether what I think is a wisdom behind this ruling is real or not .. etc. But at the end, there are certain rulings that every Muslim should apply as a sort of practicing of Islam.
By the way, since you mentioned this example, we should also keep in mind the difference between the Islamic ideal and how people apply it in their written legal systems. These illegal relations mentioned above are considered "sins" in Islam. However, to spy on people to prove that something like that has occured or not, and to actually persecute people with a capital punishment if thought to be guilty, are practices that are baseless and illegal, from the Islamic point of view.
Name
Sayed Amin
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Profession
Question
To what extent the Western code of ethics go in harmony with the Islamic ethical code? Kindly furnish me with a detailed answer.
Answer
It depends on which Western school of ethics you are talking about.
If you are talking about "virtue ethics," then I would say that, in principle, Islamic virtues are in harmony with what the Greeks classified under virtue ethics, such as courage, generousity, etc. However, the example of Prophet Muhammad (peace be upon him) adds to the "Aristotlean virtues" some other virtues that Aristotle did not mention, such as mercy and equality (which the Greeks obviously missed based on their own cultural environment).
If you are talking about "utility ethics," then Islam is not against utilitarian thinking, which is studied in Islam under "al-maslahah". Howevere, Islam adds to that the notion of heavenly-granted rights. So, for example, "maximizing happiness" is not the only basis of ethical decision making, unless it is within the area of "al-masalih al-mursalah" (the areas of jurisprudence that were not explicitly mentioned in the Qur'an).
If you are talking about consequentialism, Islam does judge the morality of actions based on their consequences, but again... this is not the only method of ethical decision making in Islam. It has to be taken within the context of the action itself and other moral considerations.
So, in summary, Islamic moral theory is not exactly a copy of any of the known Western moral theories. It has its unique moral theory that is not at odds with the basic essence of Western morality, even though it has its heavenly source.
Name
David
- Australia
Profession
teacher
Question
What is Islamic Law about? Why does Shari`ah mean in Arabic?
Answer
Shari`ah literally means a way. So, Islamic Shari`ah means the Islamic way of life. God said in the Qur'an (addressing Muhammad):
*{And now have We set thee (O Muhammad) on a clear road of (Our) commandment; so follow it, and follow not the whims of those who know not.}* (Al-Jatheyah 45:18)
Unfortunately, in literature about Islam written in the English language, the word "shari`ah" is always associated with the Islamic law (or legal system), which is but a small part of the Islamic "Shari`ah" or way of life. And what is even more unfortunate is that this word Shari`ah is used not to refer to the Islamic criminal law, but rather the mis-interpretation and mis-application of these laws.
Name
Vanessa
- Canada
Profession
Analyst
Question
I am currently learning about Islam, the more I learn the more convinced I am with my decision to convert. My question is in regards to the Day of Judgment. If one will be judged on that day, if one repents just before death, one will be forgiven for evil deeds? For instance, if a great leader oppresses his/her people throughout their life, repents in near death, would they not use that as a scapegoat? Should they not be held accountable to victims in the earthly life as well?
Answer
Sister... I will answer your question in a separte email, later in sha'a Allah (God willing). I will not answer it here because it is not related to today's topic. Thank you.
Name
Darcey
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Profession
Question
Muslims say Jihad is their ultimate goal and that is why Shari`ah give it light and importance. How can Jihad, being legalized through Shari`ah be ethical or lead to a society of ethics and well-refined manners?
Answer
Again... it depends on what you mean by "Jihad". If you are referring to acts of terror, especially the ones carried out against innocent civilians, then Islam is squarely against that, even if some people commit these crimes in the name of Islam or justice or any of these false slogans they claim.
But not every physical struggle is an act of terrorism. War is not always evil, and sometimes it is necessary for justice to prevail. The Qur'an ordained fighting in the context of defending oneself from oppression. The verse that legalized fighting in the Islamic law states:
*{Sanction [to fight back]is given unto those who fight because they have been wronged [oppressed]; and Allah is indeed Able to give them victory.}* (Al-Hajj 22:39)
Let me give you a rather personal example, if you are walking peacefully in the street and someone (God forbid) tries to harrass you, don't you think that your fighting back is fair and just? That is what war in Islam is about.
Name
LoveBirds
- United States
Profession
Question
Love is an ultimate goal of life and sharing love and finding it with the person who is really suitable is real ultimate happiness.
Love is a value that is reflected on ones daily manners, for you become more able to spread love around you and more tender and passionate even with others than the one you love.
Yet, the Shari`ah of Islam does respect this and is very ruthless in how it punishes lovers if they share physical love.
How can this punishment be regarded as ethical? When a person shares physical love he/she becomes much more relaxed, which is definelty reflected on your attitude towards everybody. You become more tolerante and capable of implementing virtues because you are happy, relaxed and satisfied.
Yet, sometimes you are still young or any other reasons stops you from being able to tolerate the burden and restrictions of the responsibility of a family.
Why can we be left to enjoy the beauty of peaceful love, with no burdens of a complicated family?
How can you regard this prohibition and the ugly physical torture that takes place as a punishment to physical love as being ethical and part of the "ethical goals of Shari`ah"?
Answer
This is one area that the practices of Muslims were simply unfair to the Shari`ah.
Yes. Love is one of the most beautiful things that God created on this earth, and it is totally human to love someone and, therefore, to want to have a physical relationship with that person to express this love. Islam is NOT against that. Islam just REGULATES that!
What did Islam forbid? Islam did not forbid love! Islam forbade physical intimacy between un-married couples. Why? Because Islam is balancing this value of love with another value, which is the cohesiveness and bond of the family, which is the unit of a good society, from the Islamic perspective. So, if a married man or woman commits adultry, Islam considers this act to be a "crime," because, even though it could be an expression of love, it is against the very core of the ideal family that Islam envisions.
On the other hand, if the lovers are unmarried, Islam does not forbid them to love each other, but it forbids them from expressing this love in a physical way outside marriage. Again, this ruling is trying to balance the value of love with the values of family and society. What if this physical relationship (I mean between unmarried couples) result in children, Islam asks? Is this fair to these children?
I would like to also mention that if the couple choose not to have children for some time because of what you called "burdens of a complicated family," Islam is not against that. But at least, if it ever happens while the couple is married is much better than having these father-unknown children who suffer a great deal of unjustice.
So, love is a great goal as you mentioned, but Islam is balancing this goal with other social and family goals.
Name
Scarlet
- San Marino
Profession
Question
Muslims look up to the Last Prophet as a role model. Please explain how Prophet Muhammad is an example of the implementation of Shari`ah law & a role model for the Islamic ethical code. How are both combined in reality in the character of Prophet Muhammad? Please explain.
Answer
Muhammad (peace be upon him) was the ultimate (and human) moral example. He talked about his message by saying: "I was sent merely to perfect morals" (innama bu`ithtu l'utamima makarima al-akhlaaq). This means that he (peace be upon him) considered the ultimate purpose of his message to be a moral one.
Also note that the Prophet said "to perfect morals" and not "to initiate morals". This means that the Prophet (peace be upon him) believed that there is a certain degree of morality in the society that he was sent to and in every human society. The message of Islam is to actually invest on this level of morality in human societies in order to complete and perfect it in the islamic unique way, which is to relate this morality to God and the equality of human beings before him.
The best way to know how this happened in reality is to read on Muhammad's life from various sources and see how this great man achieved the ultimate human moral life.
Name
elshat
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Profession
student
Question
As-salamu `alaykum.
What are the roles of the Muslim scholars when Shari`ah law is practiced without proper conduct and justice in certain Islamic countries? For example: Iran & Afghanistan.
Why are the scholars not doing anything other than just uttering 'this is not Islamic'?
JZKK.
Answer
When Shari'ah is mis-applied and mis-interpreted, the role of Muslim scholars is to announce to the world in clear messages that the Shari'ah laws is mis-applied. Then, they should let Allah be their protector from those who are trying to use Shari`ah laws for their own political domination agendas.
Often times, politicians (Muslims and non-Muslims alike) choose and pick from "Islam" what they think is good for their own internal agendas. We Muslims have to be aware of that and we should let non-Muslims who are interested in Islam know that.
Name
--
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Profession
Question
I am a new Muslim woman and a man told me I am not allowed to wear any jewelery, is that true?
Answer
No! not true. Beauty is an islamic value that is 100% coherent with Islam's view of life and morality. What is forbidden in Islam is not beauty or wearing "beautiful things". There is nothing wrong or immoral about wearing beautiful things. What is forbidden in Islam is wearing "physically provocative" things, which, outside the context of husband-and-wife, is considered Islamically immoral.
Name
Salih
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Profession
Question
As-salamu `alaykum.
Are hudud punishments enacted on non-Muslims who have committed the sin, if say, they don't consider it a sin in their religion or system? Not ta`zirat, just hudud.
Jazakum Allah.
Answer
No. Non-Muslims in a Muslim society have a right to practice their own system of law. The opinion that applies Islamic laws to non-Muslims is an isolated opinion in Islamic jurisprudence, and, in my view, is a baseless opinion.
Our session is ending now. It was my pleasure to join our readers through out this live-dialogue. Thank you all for all your interesting questions.
