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Reader comment on item: [Paul H. Robinson:] U Penn Prof for Shari'a

Submitted by dhimmi no more (United States), Mar 3, 2013 at 07:49

I think that the professor was either naive and he had no clue about what Islam is all about or he was after glory and making some money which I suspect is most likely the case

For the readers not familiar with what is really al-shari3a all about. It is the legal system of Islam that should be applied in an ideal Islamic state. It is based on the Qur'an (which does not tell us very much anyway) and what is called al-sunna al-nabawiyya or the practices of Muhammad as we would find in the great commentaries written in the 3rd century of Islam in Iran and Mesopotamia and to some degree in Egypt.

Where did it come from? research by modern Western scholars of Islam reveals that Roman law had great infleunce as would be expected. However Patricia Crone proved with great ease that the source of Islamic law (at least in the case of Syria and Egypt) is Provincial law at the time of the Arab invasions of the Middle East (again in the case of let us say Egypt in late antiquity there were two types of law: Roman law that applied to Greeks living in Egypt and the very old native Egyptian law or provincial law)

Again like anyhting in Islam the Qur'an does not tell us very much (it has been estimated that only 90 laws can be traced to the Qur'an) so the rest of Islamic law depends on al-sunna al-nabawiyya which Muslims realized early on that most of it is made up (read this as forgeries) and this is why the concept of isnad was established but again Muslims realized that if a sunna can be fabricated so can the isnad and this is why we have the Islamic schools of fiqh (read this word as law)

Now by the 10th century all Islamic schools of fiqh came to the conclusion that human behaviour can be one of five things: obligatory, indifferent, remommended, reprehensible and forbidden and this was based on the interpretation of the Qur'an and the bogus al-sunna al-nabawiyya so it is for sure not one voice and one opinion

And this is why Muslims came up with the concept of al-ijma3 or concensus but this did not stop Muslims from having different schools of fiqh as would be expected

The next was the concept of al-kiyas or al-mizan which really means to provide a legal rule or judgement through analogy

And this is where you start to see how al-shari3a really functions and the ulama left no question without an answer and some of them are really bizarre and strange as in what happens to the inheritance of a hermaphrodite after all his female half receives less than his male half

All of this was ready to go more than 1000 years ago and many educated Muslims even those that give lip service to al-shari3a realize that al-shari3a was good 1000 years ago but it has no place in the 21st century

Agian all of the above is really al-shar3a al-islamiyya 101 and no more

So you can see that how can the good professor try to fix a legal system albeit flawed that is supposed to be Allah's law? The answer is he should realized that he will not be able to do it


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