Showing posts with label Shari'a. Show all posts
Showing posts with label Shari'a. Show all posts

April 19, 2010

Religion and Approaches to History (A Peoples History of Monotheism?)

Picking up where A. Thompson left off in his insightful discussion of monotheistic religion: One thing all religions need to do, above all, in order to make themselves more relevant and less reactionary, is to avoid making essentializing statements about their history. Notwithstanding the enormous positive impact Christianity and Islam (to name the two major examples) have had on world culture and world society, there is an almost unbearably facile tendency on the part of some of their adherents to engage in a complete whitewashing of the more 'unsavory' aspects of that history. The violence and corruption of the medieval church, the at times rapacious conquest of the early Muslims--these histories are either conveniently forgotten or, if they are mentioned at all, made external to the faith, i.e. they were just a few bad apples. This tendency was aptly described by Wilfred Cantwell Smith:

"This process [of recovering lost history] turns disruptive only when, as has sometimes happenned, the grip of the need to defend is tightened to the point where this delight in greatness, this compensatory self-satisfaction, becomes the compulsive cause rather than the honest result of historical reconstruction. Historiography is then designed alsmot explicitly to nourish and to support one's predelictions. It seeks not to analyse or to understand the past, but to glorify it; that is to glorify oneself. The purpose is not investigation but aggrandizement, not intellectual accuracy but emotional satisfaction."
Smith, as usual, has a penetrating insight here. There is a certain approach to religion and history which sees religion as being 'under attack' by secular forces (Although such charges are usually trumped up, since religion did far more to indict itself than secularism ever could, the motive power of the perception is nevertheless real) and thus rushes to write a history absolving X religion, showing it to be the perfect way, the answer to all our problems, WAAAY better than those other religions, and what would we do without it? While I cannot accept the ignorant rantings of such blowhard atheists as Christopher Hitchens, I equally cannot accept these canards employed in religion's defense. Bottom line, since I cannot accept either approach, I need a new method. Simply defending religion through idealizations and essentializations of its quite checkered history is not only intellectually dishonest, it is bad for the soul.

I define religion as a way of getting closer to God. This obviously includes a great deal under its umbrella. The difficulty comes when X religion claims Y religion just 'doesn't get it'. They are infidels or kaffirs, or they worship cows, or they drink the blood of Christ, or they are going to hell because they don't have the right belief ABOUT God. The sincerity with which these views are propounded do not lessen their incredible shortsightedness. Christians claim Islam is the 'religion of the sword'. Muslims accuse Christians of deifying Christ without bothering to understand what the faith of a Christian might mean for him/her personally. Jews and Christians also battle it out over the divinity of Christ. Now there is nothing wrong with believing in something and standing to defend it. But such an approach has a law of diminishing returns. Instead of trying to get closer to God, many religious adherents are frantically trying to convince everyone else how naturally great and superior their own belief is! And in doing so, they strain logic and credulity.

As a convert to Islam, I wondered for a long time what it truly 'meant' to be Muslim in an ultimate sense. And the best and most general idea I could come up with, after considering all the evidence, both internally and externally, is that Islam is a joyful response to a Divine Reality. I have my own reasons why I consider it 'better' than other religions in this respect, but these are mostly private and personal. Nevertheless, in actual fact, there is a practical tension between Islam as an inner response and Islam as a public cultural matrix one shares with and participates in. Thus the most forward thinking intellectuals now working in the Islamic tradition are those who propose that a distinction should be made between the nucleus of the Islamic revelation (the Meccan revelations), and those rules (the Medinan revelations) which were brought to the early community, and thus constitute an integral part of the social milieu of the Prophet.

The need for this approach becomes clear if we compare the ideals of an Islam touted by its public boosters (The "Islam is the solution for everything" people) and the actual treatment of human beings under modern day Islamic state experiments. Without engaging in an essentialization of Western values, I think it is safe to say that the three foremost examples of Islamic state implementation today--Saudi Arabia, Pakistan, and Iran--have an absolutely horrible record with regard to the treatment of religious minorities, not to mention women. All obfuscations aside then, if Islam is in its essence aiming for what is supremely right and completely just, then it cannot justify such things as the penalty for adultery, the equivalence of a man's testimony with that of two women, slavery, the status of the 'other' under shari'a, and so forth.

Now apologists will argue in response that we cannot ignore context, and it is certainly true that the penalties outlined in Quran and hadith were not always applied. It is true that manumitting a slave was considered an eternally meritorious act in Islam, unlike the on-the-ground reality of the institution of chattel slavery in the West. It is true that at the time of the Prophet, Islam actually improved the rights of women in that society. But it is the height of foolish arrogance to assume that
, for all times and places, implementing these legal penalties and rules as a legal code in will result in the emancipation of women or the establishment of God's justice. Islamic countries, even those where shari'a is implemented through the judicial code, have outlawed slavery, admitting that the Prophet's pronouncements about it were aimed at its eradication. This is patently a social and contextual judgment, so why is it so difficult to undertake the same move when it comes to rights of women or other ideas?

Getting back to my original statement, it is obvious that Christian and Islamic histories have distinct and unique approaches to politics and political theory. Their histories overlap significantly but, as Carl Brown has explained, they developed into world religions out of vastly different social situations. Along the way, power became an emblem to implement Divine Reality, and Divine Reality became the de facto and often de jure explanation for an excercise of political power, however arbitrary. In the process the two were thoroughly confused. Therefore one step towards removing the confusion and telling an accurate history of religion is to untangle the two. Let the Divine do its work, as it continues to do, in the lives of people across the globe. Inshallah, if religious people can learn to think more historically they will recognize what M. Kane called "A Peoples History of Monotheism". That is, the histories of those who opposed rigid dogma, corrupt authority,
and worship of idols. Those who eschewed violent conquest for power's sake, but promoted active resistance to authoritarian government. Those who felt compelled to respond to a Divine calling, something irresistible which called them, not to withdraw from the world, but to engage it in the most wholistic and organic way they were capable of.


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March 6, 2010

Contemporary Islamic Thinkers You Should Know: Abdullah an-Naim

From Wikipedia:
Abdullahi Ahmed An-Na'im is the Charles Howard Candler Professor of Law at Emory University School of Law. His specialties include human rights in Islam and cross-cultural issues in human rights, and he is the director of the Religion and Human Rights Program at Emory. He is also a senior fellow of Emory's Center for the Study of Law and Religion. An-Naim was formerly the Executive Director of the African bureau of Human Rights Watch.
Born in 1950, An-Naim is originally from Sudan, where he was greatly influenced by the Islamic reform movement of Mahmoud Mohamed Taha. He is a naturalized American citizen, but retains Sudanese citizenship.











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December 26, 2009

Rights, the law and religion: Islamic courts in East Africa


In Tanzania too there has been a raging debate over the introduction of the Kadhi’s courts in the legal and judicial system. Like in Kenya, the most vocal and visible opposition against Kadhi’s courts assumes a religious character, with the church being at the forefront of those most hostile to its introduction. But the motion to reinstate Kadhi’s Courts in Tanzania was first introduced by an opposition leader, the Honourable Lyatonga Mrema of the Tanzania Labour Party (TLP), undoubtedly as a political strategy to win Muslim support in the 2005 General Elections. The ruling party is said to have appropriated the motion, turning it into a campaign pledge to make the same a reality in exchange for the Muslim vote. Not surprisingly, as the 2010 elections loom, the issue is gaining renewed vigour.

Religious forces have kept the matter very much alive in various spaces, including pulpits, newspapers and blogs, intensifying the pressure on the government to concede on the issue. Using a variety of advocacy channels, some Islamic bodies institutions have embarked on a media advocacy strategy aimed at consolidating Muslim opinion over the introduction of the Kadhi’s court. Dismissive remarks by the Prime Minister Mizengo Pinda during the 2009 budget session on the issue of the Kadhi elicited a harsh reaction from Muslim quarters. To appease the situation, the chief mufti, Sheikh Shaaban Simba, formed a committee to advise and negotiate with the government over the matter. In response, the prime minister also formed a committee to engage with the Muslim Council.

Concrete proposals to introduce Kadhi’s courts failed to come up during the recently concluded parliamentary session in November. In the meantime, the government has directed the Law Reform Commission to collect views and make recommendations on the matter. Women’s voices are noticeably absent from the discussions. From available reports, there is no female representation on this crucial body, advising on the most intimate aspect of family and social relationships.

This absence of women’s interest in the ongoing discussion is not only a physical absence but also an absence of gender considerations in the overall content of the proposals in substance. Largely, the voices of women have been sidelined or muffled by political forces informing the debate. Yet, it is they who stand to loose the most from what is being proposed. Indeed, the overwhelming interest in Kadhi’s courts does not seem to be a preoccupation of Muslim women, but of sections of the Muslim community who seek political advantage both from political parties and in the larger community. Otherwise, it consumes most those sections of the community who stand to benefit the most from the existence of Kadhi’s courts.

Pambazuka - Rights, the law and religion: Islamic courts in East Africa

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