The obsession with the ideal of Sharia is a chronic problem that hinders the realization of modernity Mohammed Al-Hamamsi


Cairo – Can Islamic law and positive law be combined to attain the highest levels of a modern state outside the context of a religious state? This is the question that has been accompanied by intellectuals and even some jurists when discussing the possible mechanisms for religious reform that are consistent with the requirements of the situation and the wishes of the people.

Islamic culture, despite the awareness of large segments of the Muslim population that Shari'a-based legislation is one of the greatest obstacles to modernity, is rooted in a religious cultural heritage that does not accept positive legislation, that is, .

This dialectical and historical dilemma has risen strongly in recent years after the imposition of changing reality, which has made a large part of researchers specialized in the field of religion and civilization are engaged in providing research, studies and effects seeking out the necessary exits that can lead Muslims out of the corridors of cultural time can no longer follow The pace of cultural, cultural and societal transformations. Here, in particular, the question of the inevitability of arbitration is raised between reliance on Islamic legislation or positive law.

In this debate, researcher Sami Al-Reihi, Professor of Modern Civilization at the University of Tunis, is engaged in his book "The Custom and the Law". He stressed that the continuation of the superficial collection between two different reference points of the references of thought, legislation and lifestyle devoted a crisis to the Islamic culture.

A transcendent perception of the logic of history, where Muslims, under their adherence to the law, have known disorder, misery and violence

In the opinion of the Tunisian researcher in his book that while Westerners found a harmony between their lifestyle and values ​​and made it interact historically with the progressive development of the principle of modernity, Muslims have remained in a time of cultural contradiction between the acceptance of modernity civilized pattern and inevitable inevitable reality, and rejection of the values ​​and values ​​that seem to them Are incompatible with the foundations of the Islamic religious conscience.

Al-Reyahi says that if there is complete conviction that it is impossible to change this pattern with the traditional cultural time, which is essentially based on the demand to re-apply Sharia and revive the concept of the Islamic state in its typical form of religious and religious heritage books, The last page of his problems and the confusion of some of his concepts. As some of its still-silent issues are still an obstacle to the transformation of contemporary Islam towards reforming its values ​​and ideas.

"Although the Sharia derived from this past contains legal provisions that are contrary to the values ​​of the times, they remain in the imagination of ordinary Muslims, bearing the image of an ideal society, a source of certainty and truth, an exemplary connection with God and a path of self-sufficiency."

He explained that the inheritance of the ideal perception may be the era of the law free, as an ideal era did not know the turbulence and tension, nor the destruction of nature, as seen by the Muslim today, a factor in the spread of the idea of ​​clinging to the law and a failure of modernity in the Islamic world to achieve its ambitions.

In contrast to this transcendental perception of history, Muslims, in their adherence to shari'a, have experienced periods of turmoil, misery, violence, corruption, rebellion, apostasy and sometimes failure without a complete and final separation. This raises questions about the reasons for the continuation of this system established by scientists. Frequent variables.

Sami Riahi: We are in front of the challenge of moving from shari'a to relying on custom
Sami Al-Reihi: We are faced with the challenge of moving from shari'a to relying on custom

Al-Rayahi stressed that in light of the continuation of a vision based on an ideal religious ideal that drives millions of Muslims to the image of the Sharia, is it not permissible for us to conduct critical reviews aimed at raising confusion about its true reality, the stages of actual development of its concept and the means of its application in history? And then ask about the pattern of legislative and legal order, which ruled them for centuries, and the nature of the provisions they created to apply to their reality? Is the Sharia merely a dry theoretical model subject to the scales of sources and strict evidence or is it different from the image that has become entrenched in the minds of the general Muslim? Did not the elites of modern legal reforms use the same shari'a as a source of laws in the formulation of the new legal system, including constitutions? Whether this reflects the sentimental attachment or shows the difficulty of getting rid of an old legislative legacy organically linked to a state that is impossible to achieve today?

Based on this, Al-Riyahi Research Institute issued by the "Insureds Without Borders" Foundation showed the limits of the authority of custom in the evidence of the fundamentals of jurisprudence and its impact on the formulation of the provisions of the Shariah.

Al-Rihi wondered in his research about the importance of this controversy in a modern world where the production of laws and laws is no longer confined to fundamentalists, scholars and fatwas, but rather from the creation of the state, its institutions and its constitutional bodies. What would be useful then to discuss old fundamentalist evidence such as consensus, measurement and custom? And if it is obvious to recognize the belonging of these legal theories to their old reality and their response to the requirements and what was expected in exchange for the lack of relevance to modern reality, which has its own theories and legal methods to make the difference between them categorically and clearly, Is transition from one to the other inevitable and necessary not escape from it?

He added that sometimes some of the questions raised sometimes obscure the basic concerns that explain the human condition and its existence in the course of time, regardless of the concerns of its current reality. Hence, it may seem useful to raise some fundamental issues related to our subject: What is the purpose of the legislation? What is the purpose of the laws? Should not they be built according to a certain moral or philosophical system or should they be separated from it? What is the connection between law and religious belief? Specifically, what is the relationship between the old Islamic jurisprudence system and the modern legal theories and methods?

Al-Riahi pointed out that religious reform has been the subject of long debate between educated and academic elites over the past two centuries. It was an area where ideas were woven between modernists and followers of tradition. The position of the first stream was based on the exclusion of any possible role of doctrinal doctrines in the drafting of the laws of the modern era, while a number of researchers of the second team insisted that the legal reforms should be subject to a certain reading of Islamic jurisprudence heritage.

The Tunisian researcher confirms that, although this debate has not ended to a final resolution beyond the stage of shock and doubt because the reasons remained outstanding, perhaps the most important is due to what remained of the thinking of the two teams of shortcomings. Reflecting that view is the continuation of the debate between a vision that sees the solution in the extinction of the law and its extinction by the forces of modernity, and the other is the need to replace modern legal reforms similar to the corrupt custom in accordance with the provisions of the Sharia and its principles in the future. While the efficient legal system requires two major criteria:

First, take the specificity of the target reality into account by presenting a comprehensive conception of it without engaging in simplistic and simplistic equations of reality.

The book examines the controversy of Muslims continuing to adhere to the timeless cultural time

Secondly, the importance of fulfilling the historical legal system of peoples and their cultural backgrounds without falling into the discourse of glorifying the experiences of the elders or denouncing the experiences of others.

Al-Riahi said that the historical development of the concept of custom highlights that the law is in a state of permanent and permanent formation, and that custom is an integral part of the context that re-constructs and re-establishes that law.

He pointed out that the religious teachings, which are usually accompanied by the verses of judgments, always take an ethical approach to instill social values ​​whose essence is based on the principle of fairness. In its apparent meaning, it may be a form of organizing reality derived from backgrounds and perceptions linked to social and cultural contexts. However, this definition may often appear misleading and misleading. In the depth of the abstraction of mental mentality corresponds to the meaning of equity. This is what we paid attention to during the excavations of the linguistic significance between the meanings of charity and regularity, acceptance and satisfaction. The combination of these meanings is the foundation of a moral standard of conduct called the name of custom.

Nevertheless, it was undeniable that old fundamentalist interpretation, given its knowledge, values ​​and cultural sociocultural references, had easily transformed customary forms adopted into judgments because of the overlap of moral values ​​with the values ​​of law and legislation without distinction or distinction as it was Show in connection with the custom of custom. It seems that the requirements imposed by the practical reality are one of the reasons for limiting the purposes of moral and religious commitment to the application of provisions that were always collide with a variable and uncontrolled reality of the perceptions seemed unable to develop after the eighth century of migration / 14 AD, which ended automatically to a serious legislative predicament To the impossibility of applying Sharia in the modern era.

He stressed that the real challenge facing Muslims in the modern era is reflected in the transfer of Islamic legislation from reliance on custom to a practical platform to address the problems raised by a particular context to rely on the law, and then adapt to the new human rights system.


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