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Islamic Law: Radical Muslims
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The Journal of Islamic Law & Culture is published semiannually (spring/summer & fall/winter) with scholarly articles and reviews on Islamic law with an emphasis on the significance in law of the intersection of Western and Muslim legal culture. It is deeply concerned with the Muslim experience with the West, particularly as this exchange has been expressed in law, whether in Iraq, Britain, Saudi Arabia, the United States or elsewhere.
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Shari‘ah (Islamic law) has been the dominant moral and legal code of Muslim societies for the greater part of their history. During the early centuries of Islam, Shari’ah facilitated the social growth and development of the Muslims, growth that culminated in the establishment of a vast empire and an outstanding civilization. By the close of the fifth century of Islam... Shari’ah began to lose its role as the guiding force that inspired Muslim creativity and ingenuity and that nurtured the growing spirit of the Muslim community (Ummah). Consequently, the Ummah entered a period of stagnation that gradually gave way to intellectual decline and social decadence. Regrettably, this painful trend continues to be more or less ‘part of the individual consciousness and collective experience of Muslims.
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During the 19th century the history of Islamic law took a sharp turn due to new challenges the Muslim world faced: the West had risen to a global power and colonized a large part of the world, including Muslim territories. Societies changed from the agricultural to the industrial stage. New social and political ideas emerged and social models slowly shifted from hierarchical towards egalitarian. The Ottoman Empire and the rest of the Muslim world were in decline, and calls for reform became louder. In Muslim countries, codified state law started replacing the role of scholarly legal opinion. Western countries sometimes inspired, sometimes pressured, and sometimes forced Muslim states to change their laws.
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The basis for respecting a judgment in Islamic law is the jurist’s ability to carefully apply knowledge to theory and practice. In order to be qualified to interpret the sources of law, a jurist had to master many branches of knowledge. A Muslim jurist had to know the Qur’an and the hadith, and how to interpret these sources. This required a thorough knowledge of the Arabic language and its grammar. Other disciplines such as logic, history and general knowledge as well as specialized areas like commerce or international relations might be important in deciding specific cases. Knowing the history of the law and the schools of law, their differences and legal precedents (decisions of other jurists in the past) are just a few of the many areas that a jurist had to know about.
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The origin of the Islamic law of inheritance is in the pre-Islamic days in Arabia. The Quranic injunctions brought radical change in the principles of succession before the advent of Islam by eliminating al that was unjust and inequitable and by introducing instead just and equitable principles. The Muslim jurists, Sunni as well as Shia, further streamlined the rules of successions scientifically to make them readily applicable to actual situations. However, the Sunni and the Shia jurists worked separately to lay down their own schemes of Inheritance.
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In addition to the imposition of Islamic morality on non-Muslims, Sharia law dictates that there should not be equality between Muslims and non-Muslims. Under strict Sharia law only Muslims can be full citizens of a Muslim state. Many of Islamic states shamelessly discriminate against non-Muslims. In Saudi Arabia and in Kuwait being Muslim is a precondition of naturalisation. A person who believes in a scriptural religion, such as Christianity or Judaism will have limited rights in an Islamic state; they cannot participate in public life or hold positions of authority over Muslims. Anyone else is deemed to be an unbeliever and is not permitted to reside permanently in an Islamic state.
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