ISLAMIC SHARIAT (JURISPRUDENCE)

 

Islamic Shariat is based on:

  1. Quran (Revelations)

  2. Sonnat (Tradition of prophet (PBUH) according to the 14 Masoom (infallibles))

  3. AGHL (Reason, Common sense, Collective Reasoning, Democracy)

  4. EJMA (Majority opinion among religious leaders)

 

Islamic law is based on revelation (QURAN and Sonnat) and reason (common sense). QURAN and Sonnat are fixed but interpretational understand of QURAN is variable, different people understanding QURAN differently. A doctor concentrates on medical benefits and medical miracles of QURAN. A lawyer is more impressed by legal aspect in QURAN. A layperson is more interested in commandments of QURAN and tries to be more obedient to Allah (SWT).

 

QURAN was revealed 1400 years ago but it never gets old because it is a book of values and human values never change. Lying, cheating, stealing, are always bad and aill stay as a wrongdoing as long as human beings are around.

 

SONNAT is the traditional understanding of QURAN by our beloved prophet (PBUH) as narrated by his family Fatima Zahra (SA) and our twelve Imams (SA). Without the Sonnat people could say that QURAN is a holy book and that it is impossible for human being to follow it, but Sonnat will prove to you that these 14 people lived according to QURAN and it is humanly possible to live according to QURAN.

 

AGHL (reason) – All Islamic laws must be reasonable. Since United Nation has issued the human rights declaration and all nations of the world have accepted that, therefore, we can accept that as reasonable. Now we must interpret the QURAN the way that it will be compatible with United Nation’s human tights declaration. Most of the Islamic religious leaders who are enjoying the religious freedom in the west have reviewed the human rights declaration and find it fully compatible with Islamic understanding and have written about it in detail. To prove something is reasonable the issue must be debated freely in public, then people must be free to vote on it and their vote must be counted accurately, then, we can call it full democracy and the final outcome is considered reasonable. In the Western Democracy, congress is composed of people’s representatives who make the final decision on secular issues. If they make a gross mistake they will lose their job in the next election. A decision made this way is considered reasonable.

 

EJMA (consensus) – Only in religious matters, consensus of Ayatollah’s / senior religious leaders will make the final fetwa (order). In the 21st century all Ayatollah must be certified by the congress in their country, then they must review various Islamic Laws and approve or disapprove it for their nation. Ayatollahs must choose a leader for themselves for a 5-year period. This religious council must only debate morale and religious issues and not to get involve in military issues and foreign policy. Judicial system, military system and foreign policy must be under control of President and Congress, both elected fairly by their people like in United States.

 

Because Islamic Laws are based on revelation and reason it never gets old or out dated. Secular democracy in the west is failing and issues like high rate of divorce, gay marriage, gays adopting children, immorality, and drug and alcoholic abuse are threatening the fabric of secular democracy therefore, President Bush and the Republican Party are trying to bring back God and Morality to this Western Secular Democracy by Faith Based Community Initiative (www.FBCI.gov). Also by voucher system, Republicans want to give financial assistance to private schools, religious schools, Jewish, Christians and Muslims, so they can educate the next generation to become more moral and Godly.

 

In IRAQ – New constitution says Iraq is a Muslim country and their laws must be compatible with QURAN (revelation), democracy (reason) and United Nation’s human rights (declaration). This is what we want for the new Middle East. This is the shinning light that we were striving for. Let’s see if we can preserve and nurture it. This is Islamic Democracy a new alternative to secular western democracy that is now falling apart.