Tuesday, September 6, 2011

Sharia Compliant - Part One

[This is a section from Imam Feisal Abdul Rauf's 2004 What's right with Islam: a new vision for Muslims and the West]

Grounding itself in reason, just as the Quran and the Abrahamic ethic did in asserting the self-evident oneness of God, the Declaration opens with the most important line in the document: "We hold these Truths to be self-evident." The language evokes the long tradition of natural law, which holds that there is a higher law of right and wrong from which to derive human law and against which human laws may be -- and ought to be -- measured. It is not political will but moral reasoning accessible to all that is the foundation of the American political system.

But "nature," at least in the eyes of believers in God, is just another word for "God's creation," and thus natural law must mean "the laws that God established and structured creation on." These span the spectrum from the laws of the physical sciences such as mathematics, physics, biology, and chemistry to the sociological and psychological laws that govern human relationships, all of which are knowable to humans through reason. Thus the first paragraph of the Declaration of Independence opens with the words "When ... it becomes necessary for one People ... to assume ... the separate and equal Station to which the Laws of Nature and of Nature's God entitle them".

To Muslims, the law decreed by God is called the Shariah, and therefore the "Laws of Nature and of Nature's God" are by definition Shariah law. It is a law that has to appeal to human reason and be in accord with human nature, informing us that "a community based on ideas held in common is a far more advanced manifestation of human life than a community resulting from race or language or geographical location."

In 1775, a year before the American Revolution began, Alexander Hamilton wrote, "The sacred rights of mankind are not to be rummaged for among old parchments or musty records. They are written as with a sunbeam, in the whole volume of human nature, but the hand of Divinity itself, and can never be erased or obscured by mortal power." Almost fifty years later, in 1824, Thomas Jefferson noted in reminiscing about the drafting of the Declaration of Independence, "We had no occasion to search into musty records, to hunt up royal parchments, or to investigate the laws and institutions of a semi-barbarous ancestry. We appealed to those of nature and found them engraved on our hearts." Could the Abrahamic ethic as natural religion -- Muslims' din al-fitrah as the core definition of Islam -- be any more lucidly and evidently expressed?

What's right about America is its Declaration of Independence, for it embodies and restates the core values of the Abrahamic, and thus also the Islamic, ethic. Since human liberty is one of its aims, and reason the method by which we justify our political order, then the cardinal moral truths from the Declaration of Independence that flesh out the Abrahamic ethic are:

That all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness – that to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.

As defined by our rights, we are equal; no one human being has rights superior to those of another human. We are born with these rights; we do not get them from anyone or any government. Indeed, the opposite is the case: whatever rights government has come from us, the governed by our consent. And our right to the pursuit of happiness implies that each one of us has the right to live our lives as we wish – to pursue happiness as we think best – provided only that we respect the equal rights of others to do the same and do not infringe on their rights in this regard. America’s founders thus out lined the moral foundation of a free society – and in the process, and Abrahamic society. These beliefs are fundamental to all Americans and may be said to constitute the American “religion” or creed that all Americans subscribe to and believe in. They are also beliefs fundamental to all Muslims, who regard these beliefs as essential to Islam. [From pages 82-83]

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