Implementation of Islamic Shariah: Challenges and a Balanced Approach
By: Maulana Zahid al-Rashidi❖ Enforcement of Shariah and Islamic Laws in Muslim Countries
The implementation of Islamic Shariah and enforcement of Islamic laws in Muslim countries is a significant responsibility, fraught with numerous challenges. Various political, cultural, economic, and intellectual obstacles hinder this path. Given today’s global circumstances and modern civilizational atmosphere, applying Islamic injunctions and adjusting these laws in the context of globalization is a key issue.
❖ Three Prevailing Approaches to Shariah Implementation
In the Muslim world, there are three prevailing perspectives regarding this matter:
① Complete Enforcement of Classical Laws
Some advocate for the application of Islamic rulings based entirely on the classical juristic heritage, just as practiced during the Ottoman Caliphate or the Mughal Empire.
- According to this view, sources such as “Majallat al-Ahkam al-‘Adliyyah” and “Fatawa ‘Alamgiri” should be foundational.
② Formation of a New Jurisprudence
A second perspective proposes abandoning the classical juristic legacy and developing a new jurisprudence based solely on the Qur’an and Sunnah, or even only on the Qur’an, in line with modern global requirements.
③ Resolution of Contemporary Issues Within Traditional Framework
The third group believes that rather than discarding the fourteen-hundred-year-old scholarly heritage and juristic legacy, solutions to contemporary problems should be sought within the same traditional principles.
- This view supports accepting international demands to the extent they do not conflict with Islamic principles, while remaining within the scope of Shari‘ah-based ijtihad.
❖ A Balanced Path Forward
Rejecting the first two perspectives as impractical and imbalanced, a balanced path is proposed, which includes:
✔ Respect for Collective Scholarly Practice:
Commitment to the scholarly heritage of the Muslim Ummah and adherence to the consensus-based principles of Ahl al-Sunnah wa al-Jama‘ah.
✔ Consideration of Dominant Juristic Trends:
Each country should base its legislation on the majority juristic trends prevalent among its people, while keeping the door open for other schools of thought and direct derivation from the Qur’an and Sunnah.
✔ Assessment of Modern Requirements:
Instead of wholly rejecting or completely adopting globalization and the modern cultural environment, only those elements compatible with Islamic principles should be accepted.
❖ Fundamental Propositions Regarding Shariah Implementation in Pakistan
In the context of Pakistan, the following principles are of paramount importance:
Status of the Sunnah Alongside the Qur’an:Legislation based solely on the Noble Qur’an while neglecting the Sunnah of the Prophet ﷺ is unacceptable, as it contradicts the teachings of the Qur’an itself.
Accurate Definition of Sunnah:Sunnah must be understood in the same manner that the Muslim Ummah has upheld for fourteen centuries. Introducing a new interpretation or rejecting the inherited understanding is not appropriate.
Independent Status of the Sunnah:Sunnah should be acknowledged as an independent source of legislation. Assessing it solely by its conformity with the Qur’an and accepting it only under such conformity effectively reduces it to a secondary status, which contradicts the collective practice of the Ummah.
Limits of Common Reason:Common intellect cannot be the criterion in interpreting the Qur’an and Sunnah, as it is based on available information, observations, and experiences, which change over time and place.
- It is essential to recognize the Sunnah as an independent source and to adhere to the consensus-based principles of interpretation, as was done during the era of the noble Companions.
❖ Conclusion
In light of current global circumstances, adopting the path of scholarly consensus, classical jurisprudential legacy, and Shari‘ah-based ijtihad is imperative for the interpretation and implementation of Islamic laws.
✔ Accepting modern demands in the light of Islamic principles and avoiding imbalanced approaches is the only way to ensure lasting success.
