— Asghar Ali Engineer
The Malaysian Insider
Feb 02, 2013
FEB 2 — It is believed by millions of Muslims across the world that sharia laws are immutable and represent divine will. This is based on serious misunderstanding. Sharia is not and cannot be immutable.
Recently I was invited to the Jaipur Literary Festival to be part of a panel discussion on the book “Heaven on Earth” by Sadakat Kadri of London, which is on the application of sharia laws across the Muslim world. He has travelled to different Muslim countries and talked to various ulama and muftis about sharia as applied to their respective countries.
All of them were defenders of conservative sharia formulations and refused to admit any change. They maintained that sharia being divine cannot be changed. It is from this rigidity of our ulama that the misunderstanding among common Muslims arises that sharia is divine and hence immutable.
In fact our ulama forget that ijtihad was not only permitted but encouraged by the Prophet of Islam (PBUH) and the hadith pertaining to Ma’adh bin Jabal is well-known. When the Prophet appointed him to the governorship of Yemen and he came to take leave of the Prophet, Ma’adh was asked how he would govern. Ma’adh said, according to the Quran. The Prophet thereupon asked what he would do if he did not find the solution to the problem in the Quran, to which Ma’adh said he would govern according to the Sunnah. But when the Prophet asked if he could not find it in the Sunnah also, Ma’adh said “ana ajtahidu” (I will exert myself to find the solution). The Prophet thereupon patted his back and told him he was right. Continue reading “Is sharia immutable?”