Is Sharia Reformable?: Q&A with Professor Abdullahi An-Naim

[angomako]

But what about not allowing women to marry outside religion?

What about killing a person that changes from Islam to any other religion?

Can sharia (or Islam) reform beyond these requirements?

[Mtayieb]

@angomako I'm the nephew of this man so i sort of grew up asking myself these same questions. Growing up in Saudi Arabia was a great experience for me. Now let me clear up some misconceptions, As Mr abdullahi annaim just stated, these are all on the basis of the interpretations of the schools of thought. now this is a very blunt statement without an application to the historical significance of this matter. Now the apostasy law is a perfect example. In the Quran the only thing written

[Mtayieb]

@angomako about apostasy is that god will punish apostates in the hereafter.

"Medieval Muslim scholars (e.g. Sufyan al-Thawri) and modern (e.g. Hasan at-Turabi), also have argued that the hadith used to justify execution of apostates should be taken to apply only to political betrayal of the Muslim community, rather than to apostasy in general. These scholars argue for the freedom to convert to and from Islam without legal penalty"

Ironically enough it was hasan al turabi that was partially

[Mtayieb]

@angomako responsible for the execution of the Abdullahi annaim's mentor. In conclusion the apostasy penalty is merely a political toolat for the people quoted by the people that use it as so, the other group of people though are probably Influenced by the Catholicism that had developed in Islam throughout history.

Now you may have heard of the Islamic golden age and you may wonder how these Islamic people were able to develop through the sciences of philosophy and astronomy.

[Mtayieb]

@angomako the reason that happened was because throughout the period of Islamic rule, sharia law has been reformed countless times within the context of the ethical and cultural societies.An interesting note to follow is that In particular, early secular ideas involving the separation of philosophy and religion can be traced back to Ibn Rushd (Averroes) and the Averroism school of philosophy.A great way to show this is by analyzing the rule of one of the closest companions of the prophet.

[Mtayieb]

@angomako

When Umar became the Caliph, and the Muslim conquests extended east and west, bringing prosperity to the Muslims, Umar felt that in order to safeguard the purity of faith some hard and fast policy about drinking should be laid down. While the Holy Qur'an provided specific punishments for some offences, no penalty was specified in the case of drinking.

[Mtayieb]

@angomako hat made some of the wine bibblers take the plea that if God intended prohibition, the penalty for the offence would have been prescribed.Umar convened a meeting of his Consultative Assembly to consider the question. The first question that was taken up for consideration was: whether the drinking of wine was lawful or unlawful. The verdict was that it was unlawful.

[Mtayieb]

@angomako The next question was: if it was unlawful what should be the penalty therefore. Umar agreed that no penalty in this behalf had been laid down in the Holy Quran, but he held that a penalty therefore could be laid down on the basis of analogy keeping in view the penalty provided for offences of kindred character.

[Mtayieb]

@angomako Ali argued that the offence of drinking was of the same species as calumny for under the influence of drink one was apt to say many things which he should not have otherwise said. In the case of calumny the Holy Quran provided punishment as follows:

"Give eighty lashes to each one,

Of those who accuse honorable women;

But do not support their accusation with four witnesses.

Do not accept their testimony,

For it is they who break the law."

[Mtayieb]

@Mtayieb

"I have prohibited Mutah (temporary marriage ) in the interests of the sanctity and integrity of Muslim homes. That is a social reform."

Umar ibn khattab was one of the first islamic reformers. a list of the the changes he made to islamic law (which brought to him heavy criticism might i add).

1)He was the first who instituted the prayers of Tarawih in congregation in the mosque in the month of Ramazan.

2)He was the first to formulate the principle of Qiyas.

[Mtayieb]

@Mtayieb 3)He had the formula "Prayer is better than sleep" inserted in the call for morning prayers.

4 )He was the first to provide light in mosques at nights.

5) He was the first to provide salaries for Imams and Muezzins.

6) He was the first to organize sermons in mosques.

7) He was the first to punish for writing satires and lampoons.

8) He was the first to prohibit the mention of women's names in lyric poems, an ancient custom in Arabia.

[angomako]

@Mtayieb

Thank you for these amazing answers.

You see, this is the very first time I get to have specific answers, in most other cases faced with questions like this (which go in the essence of Western concepts of freedom and democracy), most Muslims start quoting Old Testament and gossip who said what in it, and basically, no answer is given and all sane lucid debate where actual thinking is included becomes impossible...thank you for finding the time to address my questions and worries!!

[Mtayieb]

@angomako no worries its great to see that people are asking questions about Islam without the preconceived notions that most people usually approach the religion with. :D

[Mtayieb]

@angomako

9) He was the first to inflict eighty stripes for indulgence in wine.

10) He was the first to prohibit 'Muta'ah'-marriage for a limited term.

11) He was the first to forbid the sale of female slaves, who had borne children to their masters.

12) He was the first who assembled the people to prayers over the dead with four Takbirs.

13) He was the first to enlarge and pave the Prophet's mosque at Madina.

14)He was the first to place the law of inheritance on a sound basis.

[Mtayieb]

@angomako So i hope that answers your question. Is sharia law really reformable? It has happened in the past, the only obstacle isn't the religion itself, but the mindset of the people within the religion.

[Mtayieb]

@angomako and a clarification on the matter of my claim "growing up in Saudi Arabia was a great experience for me" The reason i say so was because i was able to see these things first hand. see the mass propaganda and hear about these laws of apostasy.Moving from England to a society like that has made me the man i have become.