Wednesday, March 14, 2007

Lack of Islam in Islamic Law

The most interesting thing about Pakistan's allegiance to an Islamic state is the lack of religious understanding put forth by the Shar'iah system. Laws often originate from individuals striving to interpret the legal needs of a community. The creation of Islamic law under the principles of Shar’iah serves a political purpose within a sphere of cultural knowledge.Muslims often confuse Shar’iah to represent a law derived straight from the word of God, which leads to Muslims giving deference to laws allegedly derived from the religion. What most Muslims fail to realize is that Shar’iah, as it stands today, is borne from a mixture of sources that include, but are not limited to, the Qur’an and Sunna.

The human meddling in the so-called divine principles evident in the Qur’an produced a patriarchal legal system which ignores the gender-egalitarian nature of the religion. This inequality occurred because most jurists responsible for interpret ting sources of Shar'iah were part of a patriarchal society. The same patriarchal society that has made Pakistan infamous. The male-led religious right of Pakistan holds onto their power by citing to the Qur’an and the Prophet to validate their jurisprudence against women and non-Muslims, despite the call for equality in Islam.

If Pakistan continues to adhere to an archaic misrepresentation of Islam and laws derived from Islam, the society will cease any possible progression.

The country needs to take a step back and analyze the intent behind Islam, compared to the implementation of religious law by state officials. Only then will the contradiction between the two become apparent - and catalyze a reformation of the Shar'iah system in Pakistan.









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