Sharia Compliant. A User’s Guide to Hacking Islamic Law
A USER’S GUIDE TO HACKING ISLAMIC LAW – Book Sample
Contents – A USER’S GUIDE TO HACKING ISLAMIC LAW
- A Letter to My Muslim Readers ix
- What Is Sharia? What Is Islamic Law? What Is Hacking?
- Why Does Islamic Law Get Hacked?
- Who Hacks Islamic Law?
- How Does Islamic Law Get Patched?
- How Does Islamic Law Get Hacked?
- When Does Islamic Law Get Hacked?
- Where Does Islamic Law Get Hacked?
A Letter to My Muslim Readers
Something’s wrong. Something’s very wrong. But you already knew that. Every Friday khutba, every lecture, every dinner discussion about the plight of Muslims today seems to center on this foundational truth of our modern existence: something’s wrong. The evi- dence is clear to anyone who’s looking; from feckless leaders to systematic disempowerment to regressive institutions, we regularly and readily acknowledge amongst ourselves that something is deeply wrong with the current state of the Muslim community.
It’s true; something is indeed wrong, but that fact doesn’t bother me much. If there’s one thing we’ve learned from increased connectivity and globalization, it’s that every communities got something wrong with it. No community is free from violent factions, corruption, misogyny, racism, homophobia, and any number of other vices that pervade corners of our community, and no community is safe from being manipulated for political and economic gain. These are the hallmarks of most every community today, and Muslims are no exception.
No, what bothers me is not so much the fact that something is wrong, but the reason that our religious leaders most often give for why something is wrong. Across diﬀerent countries and contexts, I consistently hear the same diagnosis given for the problems plaguing the Muslim community: we are not practicing Islam properly, and we are not following Islamic law. If we were to follow Islamic law correctly, we are told, all of the community’s problems would instantly disappear.
For over a generation, I’ve heard that line repeated by scholars and community leaders the world over, and I’m disheartened to see a new generation of scholars repeating it to a new generation of Muslims with no end in sight. One would think that our leaders, after decades of delivering the same line with no demonstrable re- sults, would try a diﬀerent approach. After all, repeating the same thing over and over again but expecting diﬀerent results is, as the saying goes, the very deﬁnition of insanity.
I don’t believe in the line that our religious leaders constantly re- peat to us—that we, the Muslim community, are the cause of all our problems because we are deﬁcient believers with a substandard relationship to Islamic law. Our Prophet taught us to always give the community the beneﬁt of the doubt and to put our trust in its collective wisdom, assuring us that “my community will not agree upon error.” I believe that our community is always bent toward jus- tice and that when we make our collective voices heard, we cannot be wrong. I believe this in all matters, including Islamic law. If our religious leaders have a problem with the Muslim majority’s relationship with Islamic law, then the problem does not lie with us but with them.
We are taught to side with the community whenever we can and to have a healthy skepticism of institutionalized religious leader- ship. As a community, we do not recognize any oﬃcial clerical hi- erarchy, and therefore no one person can oﬃcially say what is or is not Islamic law. That means that the entire community collectively owns Islamic law and that each one of us, as community members, has equal ownership rights. That is part of the beauty of our tradition; we all own the law together, no one can judge another’s religious practice, and you never really know whose interpretation of the law is objectively right. This is a tradition of which we should be proud; it models a kind of radical egalitarianism in which all humans have equal standing and in which legal pluralism is a central feature.
This is perhaps the deﬁning aspect of the Islamic tradition, yet it often goes unmentioned by our religious leaders. That is because our leaders are, by and large, invested in giving the impression that they alone have exclusive knowledge of Islamic law. Many of them have made it their business to make you feel unworthy, unentitled, and unqualiﬁed to weigh in on Islamic law, regardless of whether you have engaged in careful textual study or not. Instead, they say that you ought to listen to their opinions without question. Many religious leaders—especially those who are also legal scholars—would have you believe that you must obey them in all things and that questioning them is tantamount to heresy, apostasy, and treason.
This authoritarian approach to Islamic law, built on shaming the community into compliance, violates the Islamic spirit and, perhaps more importantly, hides the fact that Muslim legal scholars, even those who are well-known, do not represent the will and wisdom of the community. Numerous studies and surveys have demonstrated a signiﬁcant divide between Islamic legal scholars and the larger Muslim community that they claim to represent, and poll numbers suggest that most Muslims neither attend mosques nor listen to, or even respect, the opinions of legal scholars.
Having spent years studying in seminaries around the world, I have experienced ﬁrsthand the disconnect between legal scholars and the rest of the community. Seminaries tend to function like safe havens from the chaos of the modern world, and Islamic law can be discussed inside a seminary without reference to social and po- litical realities. The result is that seminaries can become a parallel universe. People tend to think diﬀerently in seminaries and to hold beliefs that make little sense outside of them. They even speak in a particular dialect, one that uses lots of old-fashioned words and turns of phrase.
The scholars in these seminaries are demonstrably out of sync with the broader Muslim community, often clinging to outmoded ideas like gold-standard economics and Aristotelian physics. I’ve found myself in arguments with seminarians about gravitational pull, the existence of birth-control pills, and whether schizophre- nia is caused by jinn possession. More importantly, I’ve seen the profound disconnect between the worldviews of most Islamic legal scholars and the majority of Muslims on foundational religious, so- cial, and political issues. This disconnect is not so much because le- gal scholars reject the views of the Muslim community as that they don’t even know about them to begin with.
I remember a seminary class on tax law, taught in Classical Ar-abic, in which our American-born, Pakistani-educated teacher read aloud from a thirteenth-century text about the diﬀerent tax levies assessed on various types of jewelry: bangles, tiaras, anklets, ear- rings, broaches, necklaces, and much, much more. The student body was entirely male, as is the case with most seminaries, and this par- ticular tax class was, from our perspective, entirely pointless. We didn’t own any jewelry ourselves, but even if we had, we would have paid our taxes based on state law, not on the thirteenth-century text we were studying. At one point, the teacher looked up from his book and saw that we had clearly checked out. He hit the table and said, “You need to pay attention! You have to know this so that you can teach it to your mothers and sisters and wives.”
One student, ﬁghting boredom, chimed in, “Or to a guy with an earring.” Our American-born teacher, in genuine disbelief, asked, “Why would a guy have an earring?”
While legal scholars have been studying in seminaries and pars- ing medieval texts, the Muslim community has moved on. Whereas legal scholars continue to argue about whether men and women can work in the same space, Muslim-majority states have created quotas to ensure female representation in their parliaments.
As legal scholars debate whether democracy is “Islamic,” most Muslims have chosen democratic rule for themselves and report that they believe democracy to be the ideal system of governance.
Some of our religious leaders have embraced the community’s changing beliefs and practices, but many more have not. Most have responded by saying that the Muslim community is doing things wrong, that it is on a dangerous path, and that Muslims must repent and change their ways if they hope to attain salvation. But if we believe in the collective wisdom of the community, then it is not the community that is wrong but the disconnected religious scholars who oppose the community. If the community cannot agree upon error, then, to determine correct practice, we as community members have to make clear what we actually agree upon rather than rely on a small group of people to tell us what we ought to agree upon.
That will require us to speak back to the religious elite and to ourselves articulate Islamic laws that better represent our beliefs and aspirations. To do that, we will ﬁrst have to become literate in Is- lamic law and become comfortable speaking its language. That will require familiarizing ourselves with the foundations of Islamic legal thought and becoming skilled in an ancient Islamic legal practice, called in this book “hacking.”
existing tools to make something work better or more eﬃciently. Whenever someone comes up with a new use for an existing prod- uct or combines previously unrelated things to solve a problem, we call that a hack. Essentially, hacks are ways to solve problems using no new tools. Businesses now encourage hacking cultures, and in- stitutions run hack-a-thons that bring together teams of unrelated individuals to solve thorny problems. Many universities, including my own, teach courses on ethical hacking to teach students how to come up with ingenious solutions to social problems without caus- ing unintended harm.
Hacking is about working within a system, using its existing tools to make it work better without bringing the whole thing down.
I use the term hacking in that sense, and in that sense, hacking is a time-honored Islamic legal tradition. From the earliest times, Mus- lim scholars wrote legal codes that they claimed reﬂected values and ideals sanctioned by the community. Whenever the community’s values and ideals shifted, scholars would adjust laws, not by rewrit- ing legal codes from scratch but by hacking existing codes so that they changed speciﬁc, targeted groups of laws while leaving the un- derlying legal structure intact. They did this to, for example, abolish slavery, embrace religious pluralism, and develop “sharia-compli- ant” ﬁnancial vehicles, among many other things. Each time, rather than reject or replace old laws, Muslim legal scholars hacked them, making them work diﬀerently and better in new contexts. As you will see in this book, almost any law can be hacked in this way to better reﬂect the evolving collective wisdom of the community.
Muslims have been hacking Islamic law for centuries using highly intricate and sophisticated methods. These methods are tried and true and can be learned by anyone with the requisite interest and dedication. That is fortunate, because we need more Muslims to engage in hacking if Islamic law today is to reﬂect the beliefs of the larger Muslim community. Islamic law has divine sanction only when it reﬂects the beliefs of the community, and to get to that point, we need community members to express their beliefs about Islamic law.
Hearteningly, Muslims around the world—in Nigeria and Indo- nesia and Iran and India and North America—are using newfound modes of connectivity to express their deeply held beliefs in the lan- guage of Islamic law. Millions of Muslims are now hacking Islamic law free from the watchful eye of the state and the religious establishment. Their hacks challenge common assumptions about Islam and Muslims promoted by powerful religious and political actors. They openly and unreservedly embrace values like human rights, gender egalitarianism, and religious liberty—values that polls sug- gest most Muslims today support. Importantly, these modern hacks are carefully argued and thoroughly researched, drawing on over a thousand years of Islamic thought, and are expressed in a language that respects an ancient Islamic legal tradition without compromis- ing contemporary ideals.
More Muslims need to take part in hacking to express the col- lective will of the community and to put pressure on our leaders to take our ideas seriously, fully engage with them, and ultimately adopt them as the truest expressions of Islamic law. This book is de- signed to help you do that. It will introduce you to the hacking con- versation so that you too can express yourself as a community mem- ber using the language of Islamic law. Your voice will help us get one step closer to having Islamic law reﬂect the beliefs of the Mus- lim community and serve as a forward-looking force for good in this world.
Your voice is also your right; as members of a radically egalitar- ian community, each one of us has just as much right to Islamic law as anyone else. And in this day and age, in which our thoughts can be shared and ampliﬁed without going through oﬃcial channels, it is our responsibility to make our voices heard and our views known. The fact is, something is wrong. But we are not the problem. We are the solution…
What Is Sharia? What Is Islamic Law? What Is Hacking?
We’re going to learn the ins and outs of an ancient Islamic legal practice that I call hacking. Before we start, however, we’ll have to answer some basic questions, like, What is sharia? I’d love to say that there’s a quick answer to that, but sharia has become so politicized in recent years that deﬁ ning the term itself is now a political act.
People from diﬀerent ends of the political spectrum want you to believe that sharia is one particular thing or the other. Some say that sharia is the ancient, unchanging law of Islam and Muslims; others counter that it is just an ideal for good living that can never be reduced to speciﬁc laws. Some warn that sharia will be the downfall of civilized society; others insist that it will usher in peace and justice. Some describe sharia as oppressive; others say it is liberating. Some say it should be incorporated into state laws; others caution that it should be kept as far away from the state as possible. Some say it is central to every Muslim’s life; others say it is peripheral. Sharia is backward; sharia is progressive.
How can we tell which sharia is the real one?
They can’t all be true at the same time, so how do we distinguish fact from hype? To answer that, we might try to identify some objective source of knowledge that will give us a straightforward, unbiased take on sharia. Th ere are two sources that are commonly called on to pro-vide objective information about the sharia: Islamic legal texts and Muslim beliefs and practices.
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