Since the process of understanding divine law is not a uniform or singular one, there are multiple interpretations of what divine law is, and, consequently, there are many schools of Islamic legal thought. The sharīʿah-fiqh distinction is one that is clearly recognized in Islamic jurisprudential texts and beyond. While I am still in the process of undertaking a thorough historical study, I suspect that the conflation of the terms sharīʿah and fiqh became normative among Muslims in the modern era—particularly in the context of Islamist-based resistance to imperialism. Regardless of the precise genealogy, the use of the term sharīʿah rather than fiqh in contemporary Muslim discourses has political motivations and ramifications; in other words, it is essentially about power.
Posts Tagged ‘fiqh’
Abdullahi An-Na‘im’s Islam and the Secular State has rightfully received a great deal of attention and commentary. A prominent Muslim scholar and human rights activist, he brings to bear an impressive scholarship and candor in addressing a pivotal and hotly contested issue in contemporary Islam. Although An-Na‘im wishes to present his views from within the Islamic tradition, he also states early on that his arguments are not exegetical in nature and therefore do not aim to interpret traditional Islamic sources such as Qur’an, hadith, tafsir, or legal theory (usul al-fiqh). Rather, An-Na‘im desires to provide an “interpretative framework” upon which more substantive arguments and analysis can be built in the future. This reliance on theory rather than on textual sources or theology is flawed if one expects to foster broad-based reform rather than be read and celebrated by a small elite Muslim and non-Muslim readership. [...]
If the state is going to enforce any principle from Islamic sources, according to Abdullahi An-Na‘im, then it should implement the principle that the state should not enforce Islamic principles. This is the crux of An-Na‘im’s new book, Islam and the Secular State: Negotiating the Future of Shari‘a. An-Na‘im, a renowned Islamic scholar and human rights activist, is a leading member of the generation of Muslim intellectuals that came to prominence in the 1980s as critics of both Islamist revolutionaries and post-colonial dictators. According to An-Na‘im, the secular state is not just a good thing on public-policy grounds; it is also justified on Islamic grounds. [...]
In his new book, Abdullahi an-Na`im argues that Muslims need a secular state to live their religious lives. Alongside his immensely informative account of modern developments, he makes a sustained argument against state enforcement of Islam along two major lines. First, it makes no religious sense for a state to force Muslims to follow God’s will, because Muslims should act from conviction and choice. An-Na`im makes a second argument that is parallel to the first: not only is it futile and religiously counter-productive to enforce Islamic piety, but doing so also distorts and impoverishes religion.
Few books in Islamic studies have been as eagerly awaited or intensely debated prior to publication as Abdullahi Ahmed An-Na`im’s Islam and the Secular State: Negotiating the Future of Shari`a. Charles Howard Candler Professor of Law at Emory University, An-Na`im has for more than twenty years been a tireless proponent of a deeply religious but liberal-modernist reformation of Islamic politics and ethics. [...]