A Foundation for Liberal Islam

Introduction

This blog post offers a different understanding of Islam to the Islam which is being presented by the literalists who are gaining ascendancy in much of the Muslim world today. Presented is a rational and contextual approach. It is my understanding of Islam and only an opinion, I would not say it is the truth or the correct understanding or anything as arrogant as that. I do not intend to tell people what to think or what to believe, no way! Such would be contrary to the original spirit of liberty as expressed through the first Arabic wave of the Islamic religion. An oppressed and divided people were liberated and made sovereign by the explosion of freedom from tyranny which Islam was, and is still meant to be! Freedom from economic exploitation, freedom from indignity and oppression at the hands of cruel tribal leaders and racist tribes! Islam was a force for freedom, and I hope oneday it can be a force for freedom again. Being faithful to that spirit of freedom, I intend to inspire people with the courage to think for themselves, not to oppress them by telling them what to think. I also intend to help prevent the human right's abuses which are being justified in the name of Islam.

To begin, I pose the question about the application of Islamic Law. How must we understand and apply the Hukm, the sacred law, this deep (amanah) trust which must be delivered with the purest Niyat of the heart (most unselfish motive).?

Reason, Context and Circumstance in Applying the Hadd

Before I answer the question of how to apply the Hukm, please consider this necessary background information.

Prophet Mohammed (SAW) came as a Mercy to the worlds.

Mercy has a social element to it (a mercy to the ‘worlds) as well as an individual element. Early Islamic Jurists spoke about Maslahah (utility), the Islamic version of Bentham’s utilitarianism, or doing what is best for the largest number of people possible.

In accordance with Surah Haj (22: 78) the Prophet did not come to cause social hardship or what is difficult for people to accept.

Qur’an 22: 78. And strive in His cause as ye ought to strive, He has chosen you, and has imposed no difficulties on you in religion; it is the cult of your father Abraham. It is He Who has named you Muslims, both before and in this (Revelation); that the Messenger may be a witness for you, and ye be witnesses for mankind! So establish regular Prayer, give regular Charity, and hold fast to Allah. He is your Protector--the Best to protect and the Best to help!

One with a Zahiri (literalist approach) would argue that Maslahah should only be used when there is no direct Akhm (law) laid down by the Qur’an, the Sunnah or Qiyas Jali (obvious analogy) derived from the Qur’an and Sunnah. However, the early Muslims were not Zahirite (literalists).

According to Sahih Ahadith (authentic Hadith) Umar Bin Khattab suspended "hadd" penalty (penalty prescribed by the Quran and Sunnah) of amputation of hand during famine, this is an example of Istihsan, juristic preference which is based on Ray (personal reason derived from the principles behind Islamic Hukm (law) rather than there literal application.. Here the literal law of Islam was suspended as an exceptional measure in an exceptional situation. The (Sahabi) and successors (Tabiun) were not merely literalist. On the contrary, their rulings were often based on their understanding of the spirit and purpose of Shariah.

The Qur’an itself emphasizes that context and circumstance must be taken into account in practicing the ways prescribed by the Qur'an and Sunnah.

Surah 5: Maida: Ayat 6
6. O ye who believe! when ye prepare for prayer, wash your faces, and your hands (and arms) to the elbows; Rub your heads (with water); and (wash) your feet to the ankles. If ye are in a state of ceremonial impurity, bathe your whole body. But if ye are ill, or on a journey, or one of you cometh from offices of nature, or ye have been in contact with women, and ye find no water, then take for yourselves clean sand or earth, and rub therewith your faces and hands, God doth not wish to place you in a difficulty, but to make you clean, and to complete his favour to you, that ye may be grateful.

The Qur'an also makes these important appeals to the spirit of science and reason.

[Lo! In the creation of the heavens and the earth and (in) the difference of night and day are tokens (of His sovereignty) for men of understanding] (Aal `Imran 3:190).

[Have they not observed all thing that Allah hath created] (An-Nahl 16:48).

[Will they not regard the camels, how they are created?] (Al-Ghashiyah 88:17).

[Have ye then no sense?] (Ya-Sin 36:68).

[And such are the parables We set forth for mankind, but only those understand them who have knowledge] (Al-`Ankabut 29:43).

The above verses from the Qur’an stipulate that our faculty of reason, as informed by both apriori knowledge (which is intuitive) and aposteriori knowledge (which is acquired through experience and observation as implied by the texts ie. Science) is capable of ascertaining truth.

If something does not conform to science and reason, we must reject it. If science and reason do not reveal that a certain application of the law will not be in the best interests of all as well as the individual, it should not be implemented.

Mindless imitation (taqlid) or blind obedience which is being demanded by Muslim scholars today, is disobedience to the Qur'anic command to use one's own reason and science in formulating opinions and beliefs. Following without questioning, believing without scrutinising, anything which amounts to unquestioning subservience is a failure to apply the Qur'anic command to apply logic.

According to literalist beliefs, the Qur’an, as we have it in its external (zahir) literal form is eternal, is unwritten, has always existed as the Kalam Allah (Word of Allah) and therefore, it must be taken literally and applied as is.

Reason, however, refutes the Zahirite position.

The Qur’an says that some verses replaced (abrogated or in Arabic Naskh) others. How could the new verses which replaced the abandoned verses have existed as they were since eternity, if they had just come into existence to replace an old verse in the Prophet’s (SAW) time? How could two verses which contradict each other (the call to refrain from Al-Qital (fight) verses the call to fight for example) both have existed since eternity?

Logic informs us that the Qur’an as we have it, is a subjective expression, interpretation and application of objective truth, and that objective truth which is the eternal Qur'an is not available to us.

Also, it must be pointed out that application of the Hukm, the Hadd, must be in tune with the Mercy of Allah. According to the Tafsir (Commentary) of Ibn Khattab, Al – Fatiha, the ‘Opening’ called Umm Al-Kitab or the Mother of the Book, is the pivotal text around which the entire Qur’an must be implemented. Al-Fatiha reiterates the Mercy and Grace of Allah, it emphasizes these the supreme attributes twice. The words Rahman and Rahim are incredibly deep for one who understands Arabic from within, as the etymological route of these words means a Mother’s Womb.

Therefore, having considered these points, to answer the question I proclaim that it is apparent to logic that the verses of Hadd, the Hukm must be applied according to context and must be understood through reason and science to be the best way to deal with a situation based on what is known to be best for the community and promotes mercy for all.

All these points demonstrate that to cruelly apply the Hadd when other means are available to implement the purpose behind the Hadd rulings in the Qur’an is to abuse the merciful spirit of the Qur’an.

For example, on whipping as prescribed for zina (fornication) the reason behind whipping, in being true to the intention to be merciful towards society, would have been to act as a deterrent to save families from the grief of splitting up. Whipping would only have been carried out in extreme circumstances where a persons adulterous behaviour was extremely damaging to their own family and others. If other detterents were available, such as advanced marriage counselling like we have now, it would not be true to the Islamic intention of social and individual mercy to whip that woman. It would be cruel, and harm both the fornicator and their family more than it would heal the society if that fornicator could get help elsewhere. Whipping was the only practice the tribal people knew would work as a detterent because other detterents were not available at the time.

So from revelation (wahi, ie. the Qur'an)as filtered through reason, science and intuition we derive the principles and intention of Islam, and then apply a ruling which most mercifully fulfills these intentions of social and personal wellbeing for all.

The zahirite position of applying the hadd, the hukm as is prescribed literally from the page of the Qur'an is a violation of the spirit and intention of the Islamic religion.

Laws derived from the Hadith are to be understood and applied in the same way, as I will here touch on.

The Soul of the Hadith verses there literal application

Logic and reason also refute the position of the authenticity and reliability of many the Hadith’s. Historical evidence demonstrates the unreliability of Abu Hureira, for example. Some Ahadith are rightfully rejected by reason. This is best demonstrated by a Maldivian guy called Ahmed, please read his letter to Ibn Khattab on
http://www.hilath.com/?p=1107.

He expertly refutes the reasonableness and the reliability of some of the Ahadith. Thankyou, Mr. Ahmed, Kind Sir.

Despite these faults in the Hadith, we still sense a spirit of the uprising, unification, empowering of a tribal people in the Hadith, that is why I still love the Hadith. This is the spirit, the essence of Islam which makes me remain a Muslim despite my not accepting the texts out of context.

The Spirit of Islam

For those who are sincere in their quest to experience the Noumena (the other) this so called ‘liberal Islam’ creates a whole new world of beautiful spiritual treasure.

Islamic concepts, such as Jihad (derived from Jahada or struggle), the recitation of the 99 names of Allah, Justice can be personalized and understood in creative ways, like ‘Jihad against drug addiction’ for example. The beauty of the Arabic language, with all its splendor and power to elevate the soul can be experienced in its richest measure once we can focus on its spirit and feel it as well as seek to understand the meaning of it. The Arabic of the Qur’an is very much a language of the heart as well as of the mind and cannot be fully experienced unless understood deeply both in the mind AND in the heart. We MUST seek to understand it as best as we can with our mind, of course, but to experience Arabic, fully, we must feel it in our hearts also.

Once we are free from being bogged down by the constraints of fundamentalism, we can forget irrelevant, trivial details like debating how long to grow our beards or wear our pants, and we can concentrate on applying and experiencing the essence or spirit of the Shariah, Justice, Mercy, Freedom.

The heart of Islam is the dignity of Creation as the product not of chance, but of powerful and merciful purpose.

Rescuing the Islamic Religion from the constraints of literalism allows one to experience a deeper, more authentic experience of religion. It allows us to be true to the majestic spirit and the merciful essence of the Islamic Faith. This Islam is much truer to the beautiful, freedom loving, mystical culture of Asia and is truer to the heart of all humanity.

Liberal Islam is a religion of the heart and of reason, not of text and rote learning.

My heartfelt experience of Islam is the Power of the Rahman and the Rahim (the mercy and Grace) which streams from he who is Al Qadr...the Power ie... Allah (SWT), and it is this power which elevates my sense of humanity. The Islam that I feel shreds my heart with painful mercy for the oppressed; it causes me to tremble with indignation when I see any exploitation or abuse of power.

The Qur’an Surah 4: 75, “And Why should you not fight for those men, women and children whose cry is our Lord, rescue us from this town whose people are oppressor’s and send us one who will protect! “

For me, this Jihad from the above verse is a struggle for human rights, social justice, and mercy. To use Jihad to justify violence in our day and age is an abuse of this beautiful, sacred duty to strive for the wellbeing of humanity.

As I said, the Hadith are subjective expressions of objective truth. As we are all on a journey towards Jannah, only those who have arrived can express the truth in its pure form. As we have not arrived, our best expression of our experience of Faith will be contaminated by our incompleteness, by our cultural faults and failures and personal short comings.

Anything in the Hadith’s which is against the dignity of humanity, such as Child Sex Slaves (Jaariya’s), or slavery, or the belittling of Women, I reject as the mistake of the tribal culture. Such is not true to the essence of Islam.

Reason and science informs that it destroys a woman under the age of 18 to take her sexually, she is not emotionally mature. In being true to the spirit of Islam which is battle for the dignity of oppressed humanity, as informed by reason and science, I hereby declare that refusing to fight for the rights of a jaariya, or refusing to fight so that a jaariya situation cannot occur again, is a violation and betrayal of Islam.

Beware of the prayer of the oppressed, there is no barrier between the oppressed and Allah!” …Hadith of Prophet (SAW) Bukhari and Muslim

Abdul-Rahman