Authority of Shari'ah Over Custom

[Abu_Hind]

The Cultural Imperative Of Islam: Authority of Shar’iah Over Custom

By Sh. Abul Hussein


Necessary Pre-requisites to the Cultural Imperative

In dealing with a “discussion” (disciplined conversation) or “discourse” (ideological systematic discussion) on culture we need clarity on a number of matters. Of these matters that we need clarity on and understanding of are the following:

1.) a clear definition of “culture,” “custom,” “localized norms” and “practices” as understood in the “‘fiqh literature” and as a topic treated in the discourse of “usul al-fiqh.”

2.) the “significance” and “role” of the notions of Ummah, ethnicity, culture and cultural diversity in Shar’iah

3.) the problem of “cultural relativity” (the school of thought which professes that all things are relative to cultural context) and globalization in the culture debate

4.) the Authority of Shar’iah in the life of the Muslim community and Muslim practice, over custom and culture

5.) a working definition for Islamic civilization

6.) a comprehensive fiqh of media and its impact on forming practice and opinions

Setting A Foundation: The Knowledge Imperative

Further, in keeping with and in light of the fiqh of priorities (understanding priorities as determined by Shar’iah) we must be certain that any discourse on a “cultural imperative” is preceded by a “knowledge imperative.” If we look to the Prophetic Seerah we learn that the foundational moment from which this Ummah was born was a moment grounded on a knowledge imperative. In other words, the Prophet (s) sought the assistance of Allah (swt) during his retreat into the Cave of Hira. During his retreat he sought not only clarity about the reality of the human experience but for a solution to the problems he encountered in his social and cultural mileux. In Divine response to the Prophet Muhammad (s) was a command to knowledge.

Allah (swt) led the Prophet (s) and his people out of ignorance as a way of life (jahiliyyah) and into the light of Islam by way of the command to read. In response the Prophet (s) admitted that he was in a state of illiteracy, divested of knowledge. “Iqra!,” the Prophet Muhammad (s) was commanded emphatically to read, to follow the Qur’an’s recitation and imitate it.

The command to read, was received by the Prophet (s) in a state of powerless-ness but it was preceded by an intense desire to address the human condition. Then the Prophet (s) was possessed of a desire to find resolution to the problems of man. The command to literacy which came from on high (revealed) was coupled with a confession to ignorance of not just how to read but how to tread the path of learning and living. Allah (swt) did not abandon the Prophet (s) rather he bestowed upon him a revelation which gave him understanding and wisdom. So Islam came to return humanity to a state of purity and integrity to a culture vested which affirm the reality of humanity and guided humanity.

The Reality of Prophethood In Regard To Culture

The problem of custom and culture is a matter that was addressed early on by revelation. Since the inception of the Prophetic mission of Muhammad (s) the problem of custom and culture was addressed whether it pertained to the practice of the Arab burying their daughters alive or the practice of drinking alcohol and partying. What took place in the Hijaz with the revelation of the Qur’an, was a spiritual as well as a cultural transformation.

The problem of culture, in fact, is a matter addressed routinely by the Prophets (a). If we look closely to the lives of Ibrahim (a) and Ismail (a), their sojourn from Iraq we see that in that event they struggled with custom and culture. Their hijra from Iraq was in defense of a culture (way of life) predicted on “tawhid.” The Prophet Ibrahim and Ismail (a) abadoned the customs and way of their tribe to uphold al-Islam as a way of life.

Ismail (a) for the sake of Islam integrated with Arabs, took on a new tongue and lived in a new land for the sake of upholding the principles of Islam. The task Prophethood (Nubuwwa) over the ages has been to re-introduce humanity to a culture which safeguards happiness in this world and the next while promoting the most holistic ways of living in the world.

The Companions of the Prophet (r) too struggled with culture and custom. In fact, the debate over custom and culture was the principle cause the tribe of Quraish waged war against the Prophet (s) and his Companions, the Muslims. The Prophet (s) was said to be deviating from the way of his fathers.

Islam The Culture of the Muslim: Islam A Way of Life

Engaging a grounded discussion over the legitimacy of cultural practice requries that we clear on a foundational principle of which we must admit its soundness and that is that “revelation stands supreme over localized cultures.” As Muslims, we need to recover our identity that is grounded in the Qur’an and identity guided by the understanding that we are a people of intellect and learning. The arch-axioms which ought guide our action and thought is that:

1.) “knowledge precedes action,”

2.) “understanding precedes practice”

So before an advanced discussion on a “cultural imperative” we are in great need to understand Islam to be admit that Islam is a way of life. Once we are clear that Islam is a way of life then we can acknowledge that a discussion on a cultural imperative is essentially, a discussion on Islamic civilization on the cultural imperative of Islam. Upon being clear that Islam is a way of life then we can begin to see and discuss custom (urf) and culture in the shade of Shar’iah and Islamic sciences and then move on to open up a discussion of being Muslim in the West. Without an understanding of the authority of revelation over practice a discussion on the cultural imperative is none other than given precedence to custom over Shar’iah.

Abul-Hussein

“Islam is a way of life”

Shab’an 1430

Wa Allahu Al’am Wa Ilaihi al Maseer

LINK

[Tanasi]

So why is it when it comes to honor killings that local custom seems to override sha-riah so much of the time? Is it a lack of knowledge of the Qu'ran and Hadith/Sunna or simply a refusal to acknowledge that tribal custom is in conflict with Qu'ranic laws? How is this addressed by scholars and clerics? How are imams working to change this? Are muslim spiritual leaders able to effect changes to bring muslims in tribal areas into obedience to Sha'riah overtly via fatwah or are they trying to use education or other subtle means?

Christians have had the same problem throughout much of their history as well. The Seneca Sachem Red Jacket had the Bible read to him and remarked that it was amazing that the white man had been in possession of such wisdom for so long and yet were not the better for it. One of the biggest problems most non-Muslims have with Islam is the perception that Qu'ranic laws are feudal and barbaric, with honor killings and persecution of non-Muslims used as the primary examples to support this argument.

[Jaysh]

Tanasi said

So why is it when it comes to honor killings that local custom seems to override sha-riah so much of the time? Is it a lack of knowledge of the Qu'ran and Hadith/Sunna or simply a refusal to acknowledge that tribal custom is in conflict with Qu'ranic laws? How is this addressed by scholars and clerics? How are imams working to change this? Are muslim spiritual leaders able to effect changes to bring muslims in tribal areas into obedience to Sha'riah overtly via fatwah or are they trying to use education or other subtle means?

Christians have had the same problem throughout much of their history as well. The Seneca Sachem Red Jacket had the Bible read to him and remarked that it was amazing that the white man had been in possession of such wisdom for so long and yet were not the better for it. One of the biggest problems most non-Muslims have with Islam is the perception that Qu'ranic laws are feudal and barbaric, with honor killings and persecution of non-Muslims used as the primary examples to support this argument.

many people also thought native americans were barbaric due to their belief in scalping...and no, the white man didn't bring that to north america...

[Jamroll]

Tanasi said

So why is it when it comes to honor killings that local custom seems to override sha-riah so much of the time? Is it a lack of knowledge of the Qu'ran and Hadith/Sunna or simply a refusal to acknowledge that tribal custom is in conflict with Qu'ranic laws? How is this addressed by scholars and clerics? How are imams working to change this? Are muslim spiritual leaders able to effect changes to bring muslims in tribal areas into obedience to Sha'riah overtly via fatwah or are they trying to use education or other subtle means?

Christians have had the same problem throughout much of their history as well. The Seneca Sachem Red Jacket had the Bible read to him and remarked that it was amazing that the white man had been in possession of such wisdom for so long and yet were not the better for it. One of the biggest problems most non-Muslims have with Islam is the perception that Qu'ranic laws are feudal and barbaric, with honor killings and persecution of non-Muslims used as the primary examples to support this argument.

I think this article is trying to say just that. That these practices are not based in Islam and Islamic teaching but has become part of culture. And like you mention, it has become the common perception of Islam and Muslims, which is sad since Islam teaches kindness to your fellow man whatever religion they may be (unless of course they are trying to harm/kill you, in which case all bets are off)

[Tanasi]

Jaysh said

many people also thought native americans were barbaric due to their belief in scalping...and no, the white man didn't bring that to north america...

We weren't the only ones who did that- Europeans certainly did, and so did Romans, Greeks, and some other peoples. We didn't scalp to collect bounties, however. That WAS the whites who initiated that over here...against us.

[Anderson]

Crow Creek massacre - Wikipedia, the free encyclopedia

Crow_Creek_massacre

[Tanasi]

Anderson said

Crow Creek massacre - Wikipedia, the free encyclopedia

All of us are capable of great good and great evil. No group of peoples anywhere on this planet is without sin. Fighting over limited resources has often been the leading inducement to commit atrocities against our fellow man. But according to God's laws since the beginning, there is no excuse for murdering others. Period.

That's why we need a sound faith and knowledge in God- to provide moral restraint against our baser natures.

Without faith we are truly savages.

[Abu_Hind]

Tanasi said

So why is it when it comes to honor killings that local custom seems to override sha-riah so much of the time? Is it a lack of knowledge of the Qu'ran and Hadith/Sunna or simply a refusal to acknowledge that tribal custom is in conflict with Qu'ranic laws? How is this addressed by scholars and clerics? How are imams working to change this? Are muslim spiritual leaders able to effect changes to bring muslims in tribal areas into obedience to Sha'riah overtly via fatwah or are they trying to use education or other subtle means?

Christians have had the same problem throughout much of their history as well. The Seneca Sachem Red Jacket had the Bible read to him and remarked that it was amazing that the white man had been in possession of such wisdom for so long and yet were not the better for it. One of the biggest problems most non-Muslims have with Islam is the perception that Qu'ranic laws are feudal and barbaric, with honor killings and persecution of non-Muslims used as the primary examples to support this argument.

I appreciate that you try to learn about Islam. But, it always best to not make generalizations. Qur'an doesn't sanction any honor killing, nor do any Muslim scholars. And I've never heard of any do either. On the contrary Qur'an says regarding the pagan Arab practice of burying their (infant) daughters alive:

بأي ذنب قتلت

"For what crime was she killed ?"

(surah at-takwir, ayah 9)

As for your question, how come culture seems to override shari'ah here. It doesn't, the fact that Shari'ah is neglected in this issue is what happens. And this isn't the only issue, in fact in Muslim countries MOST aspects of Shari'ah aren't implemented.

[Tanasi]

Abu_Hind said

I appreciate that you try to learn about Islam. But, it always best to not make generalizations. Qur'an doesn't sanction any honor killing, nor do any Muslim scholars. And I've never heard of any do either. On the contrary Qur'an says regarding the pagan Arab practice of burying their (infant) daughters alive:

بأي ذنب قتلت

"For what crime was she killed ?"

(surah at-takwir, ayah 9)

As for your question, how come culture seems to override shari'ah here. It doesn't, the fact that Shari'ah is neglected in this issue is what happens. And this isn't the only issue, in fact in Muslim countries MOST aspects of Shari'ah aren't implemented.

So if Sha'riah was followed exactly then such behaviors would cease to be practiced. If one is in a Muslim-dominated country that could work. What about in a non-Muslim country like America or Sweden or the UK where there are substantial Muslim populations within a larger non-Muslim, religiously pliral, or secular society? Can it be implemented within the Muslim community without conflicting with local or national laws? How would this be done? What if there is a legal conflict?

Can you direct me to a few sources which are doctrinally sound so that I can further research this?

[Abu_Hind]

Tanasi said

So if Sha'riah was followed exactly then such behaviors would cease to be practiced. If one is in a Muslim-dominated country that could work. What about in a non-Muslim country like America or Sweden or the UK where there are substantial Muslim populations within a larger non-Muslim, religiously pliral, or secular society? Can it be implemented within the Muslim community without conflicting with local or national laws? How would this be done? What if there is a legal conflict?

Can you direct me to a few sources which are doctrinally sound so that I can further research this?

If I understand your question correctly, then there are certain aspects of shari'ah that have to do with individual practices, and there are other aspects that have to do with collective society. But, the point is that even if Shari'ah is in place, you can't really force people to do things. Just like any other law, if someone wants to break it, they will. It's a different matter if they get caught.

In a non-muslim country, I don't think anyone is talking about implementing Shari'ah as a system, because Muslims don't have the ability to do that. But to adhere to it as much as possible, then again it would be more out of choice than compulsion because it is obviously not the law in a Muslim country.

[Tanasi]

Abu_Hind said

If I understand your question correctly, then there are certain aspects of shari'ah that have to do with individual practices, and there are other aspects that have to do with collective society. But, the point is that even if Shari'ah is in place, you can't really force people to do things. Just like any other law, if someone wants to break it, they will. It's a different matter if they get caught.

In a non-muslim country, I don't think anyone is talking about implementing Shari'ah as a system, because Muslims don't have the ability to do that. But to adhere to it as much as possible, then again it would be more out of choice than compulsion because it is obviously not the law in a Muslim country.

So it is a matter of personal faith then, regardless of whether one resides in a Muslim country or not? Shari'ah is more a system of faith-based protocols to guide practitioners to live in peace with each other and in obedience to God, yes?

[Abu_Hind]

Tanasi said

So it is a matter of personal faith then, regardless of whether one resides in a Muslim country or not? Shari'ah is more a system of faith-based protocols to guide practitioners to live in peace with each other and in obedience to God, yes?

You can say that's the essence of it. I wouldn't call it 'protocols' though. It is God's Law, but if it is not in place as a 'system', then a Muslim makes a personal and collective efforts to follow it as much as possible. They can't however force it in someone who doesn't want to follow it, in the absence of it as a 'system'.

A bit on implementation of Shari'ah here: The Price of Sharī‘ah � AE

You may find the article beneficial.

[Tanasi]

Thank you for the link, Abu. I found it to be an informative introduction. I will study this further and if you have any other helpful links please feel free to email me with them.

I trust your Ramadan is going well. I will keep you in my prayers as well.