Thread: Your opinions?
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Old 06-29-2012, 05:43 AM   #35
Kamendoriks

Join Date
Oct 2005
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627
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Assalamualaykum,

Where exactly did you get wahy from to explain the intent of Islamic law in that way??
Whilst I was on Mount Sinai, last week. Don't be so ridiculous. You cannot possibly believe that the basic medieval framework of the Shariah is able to deal with the complexities and difficulties of modern existence. This framework can't even be referred to as "medieval" in the usual pejorative way. In nearly every way living medieval Islam was far better.

It is a common Muslim view that the idea of Shariah itself is rich enough- and flexible- to meet the challenge of the complexities of modern existence, if it was permitted to be true to its own deepest principles. The idea of Shariah, that is, capable to fulfil the constitutional requirements of the modern Islamic world.

But there is no avoiding the fact that this must involve a thorough legal reform in Islam itself. The contemporary reality is that, as a result of modern European power meddling in Islamic society, Islamic Law was completely ossified and consequently literalist legalism emerged as the dominant mode of thinking. In fact the Wahabi/Salafi movement was exactly that, a direct reaction to "modernism" which resulted in Islamic law being ossifed.

When Allah said to cut off the hand of the thief in 5:38, could you please point us to where in that ayah or in any other ayah that clarifies it Allah puts in this exception wherein the modern state is somehow not supposed to enforce this because it would be brutal???
I can't since it dosn't exist but, did or did not Hazrat Umar Radi'Allahu Anhu temporarily stop the implementation of such a punishment during a famine? This is not about prescribed punishments changing because of time but having to take into consideration societal conditions, with the modern state it would be a recipe for a type of Islamic totalitarianism.

I don't particulary have anything to say in regards to the punishment of stealing but it's necessary, that the four schools of jurisprudence that advocate reasoning and analogical thinking (qiyas) as ways of legal interpretation assert themselves in the contemporary context. This is not simply a call to Westernization - where reasoning and logic are clearly over-valued at the cost of more profound principles - but a valid call to an extremely long period of paralysis.
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