Al Haqeeqa
Jamaat e Islami Hind (JIH) came out with a special edition of its weekly magazine Radiance Viewsweekly in the first week of May with special focus on Shariah Laws. The issue contains the views of authors like Dr Raziul Islam Nadvi, Secretary of Shariah Council JIH and Sadatullah Hussaini, JIH President etc. on need for Shariah laws. Most of the articles ask the Muslims to follow the Shariah laws compulsorily. To get an insight into the merit of this claim, it is important to have a clear understanding of the concept of Shariah and its implementation in the present world.
Shariah is a set of guidelines based on Islamic scripture for living a responsible moral life. However, Shariah cannot replace the law of the land as it does not provide everything needed for a complete legal system. Countries today, are part of a world system which is based on European model of Nation-State. By committing to this model, countries agree to some national and international obligations. These obligations are applied under the authority of international laws. If Muslims were to reject this world system and the European model of Nation-State in order to try to live completely in accordance with Shariah, it would require changing everything from government system to political boundaries: a concept challenging the sovereignty and integrity of any nation. Further, any step towards achieving such goal may alienate the Muslims residing in non-Muslim countries.
Among Sunni Muslims, there are four surviving schools of law viz; Hanbali, Maliki, Shafii and Hanafi. Each school of law offers different conclusions on Shariah. Suitably qualified jurists (Muftis) can provide interpretation of Islamic Shariah, but these are only binding on the issuer and on those who have bonded themselves to the interpreter. Muslims residing outside the Muslim majority countries are under no compulsion to follow Shariah laws which clashes with the law of the land, keeping in mind Islam’s preference for peace over violence. Access to religious knowledge is becoming democratised and globalised. This means that the final decision on ‘Islamic’ way of life or living life as per Shariah, lies with the individual Muslim rather than as the collective decision of the whole society.
Independent religious authorities like All India Muslim Personal Law Board are allowed by the government of India to apply and adjudicate some of the Shariah Laws in certain conditions of marriage, divorce, inheritance etc., as allowed by the Law of the Land, in the form of Muslim Personal Laws. However, these rulings are valid only when both the sides agree to it. Also, they have the option to move to the regular courts if they are not satisfied by the decision based on Personal Laws. This shows that although Muslims in India are allowed to follow some aspects of Shariah Laws, Constitution and Law of the Land have the upper hand and are infallible in nature. Islamic teachings ask Muslims to follow the path as shown by the ruler of the land. Any attempt to forcefully enforce Shariah laws will be against the teachings of Islam and has the potential to develop a confrontation with the ruler, which must be avoided at any cost.
