
The book, Chronicles of the Shariah, talks about the evolution of the Fiqh. Note the key word here: evolution. Evolution or evolved means it grew or transformed over time. It developed as time went on. And it developed, evolved, changed, was modified, etc., to suit changing ‘norms’ in society and differences in regions, cultures, and whatnot.
NO HOLDS BARRED
Raja Petra Kamarudin
I have attempted to address the issue of the Shariah, Jihad, amar maaruf, nahi munkar, and whatnot, for some time now. However, I have faced many problems with and opposition from Malaysian Muslims for two reasons.
First, I am not an Islamic scholar. So I am not considered an authority on Islam and they feel, therefore, I should not be talking about Islam. Second, Malaysian Muslims have been brought up to believe in and to follow a certain interpretation of Islam and any other interpretation, especially if it contradicts the ‘Malaysian version’, is considered deviant teachings.
Because of that I have antagonised many people and those who used to be my friends in the past, today, consider me an enemy of Islam. It is in the Malay mindset to believe that Malaysians are the best Muslims in the world. And when we refer to ‘Malaysian Muslims’ it translates to ‘Malays’. Even Malaysian Indian Muslims are sometimes treated with suspect while Chinese Muslims, although they may have been Muslims 800 years before the Malays even heard of the word ‘Islam’, are labelled as mualaf (meaning ‘converts’, but almost demeaning in that these are sort of ‘second-class’ Muslims).
I remember, back in the old days, if you converted to Islam you would be said to have ‘masuk Melayu’ (become a Malay). Converting to Islam means you convert to Malay. Malay is ‘higher’ than Islam. It is not so bad today, though, but this ‘masuk Melayu’ thing of some years back clearly defines the Malay mind -- at least then.
It is common enough to hear Malays say that the Arabs are the worst Muslims in the world. Some even say that God sent Islam to the Arabs and not to the Malays because the Arabs are the worst people on earth -- so they needed Islam. If Islam had been sent to the Malays instead of to the Arabs then the extremely stubborn and confrontational Arabs would have never become Muslims.
I would not go so far as to say that the Malays have a superiority complex and that they consider themselves above other Muslims -- while they consider ‘all others’ as being deviants of sorts. But it is very difficult to not imagine the Malays as having a chip on their shoulders if you judge them from what they say.
When we talk about Islam there are just too many issues to discuss and it is impossible to cover them all in just one article. So I would like to talk about just one issue, the Shariah. Of late, with the controversy of women being caned and in response to the Perlis Mufti’s statement on the Shariah (read below), maybe this is the best place to start.
Before that, look at the book below. I suggest you try to buy it on Amazon and read it. I am not going to deliberate on the contents of the book because it will be too much to discuss and none of you are going to read an article that is 50 pages long.

Now, one point I have argued in the past (which most Malaysian Muslims do not agree with) is that the Shariah was not something that came in one go. I even went so far as to say that the Shariah did not exist yet during the time of the Prophet but that it evolved over hundreds of years, long after the Prophet Muhammad had already died.
Of course, this statement upset many Malaysian Muslims. They argue that the Shariah is from God so it must have already existed during the time of the Prophet and that it had been ‘perfected’ before the Prophet died. In that case read the other article below about the variants in the Shariah. How can it have existed during the time of the Prophet when there are so many ‘versions’ of the Shariah?
The book, Chronicles of the Shariah, talks about the evolution of the Fiqh. Note the key word here: evolution. Evolution or evolved means it grew or transformed over time. It developed as time went on. And it developed, evolved, changed, was modified, etc., to suit changing ‘norms’ in society and differences in regions, cultures, and whatnot.
The Shariah was never static or constant. Neither was it standard or uniform. A lot of customs, culture, tribalism, and so on, defined the shape and form of the Shariah from region to region and from generation to generation.
This is what Malaysian Muslims need to understand and accept, which they do not. The Shariah was not carved in stone like the Ten Commandments. It is fluid. It is man-made. It is an interpretation based on situations and demands of that era and region.
One final point that I wish to make, which I know will not go down well with most Malaysian Muslims, is that quite a bit of the Shariah was based on old pre-Islamic tribal laws and customs. These pre-Islamic ways just continued after the introduction of Islam.
Take, for example, the marriage of what the modern world would regard as ‘underage’ girls. Underage is a ‘modern’ concept. In the old days, girls of 18 were ‘old women’ and boys went to war at 15 and by 18 they were ‘veteran soldiers’.
The old tribal customs allowed a man to marry any girl who already has her period. This girl may be just 12 or 13 but as long as she has her period then it is legal, from the Islam perspective, to marry her.
In fact, the Javanese community in Malaysia practiced this even as recent as the 1960s. I do not know whether in certain parts of Indonesia it is still being practiced.
Today, this practice would be frowned upon even though Islam allows it. Should Muslims ban marriages of minors even though Islam allows it? That should be something Muslims reconsider after some serious ‘soul searching’.
The keeping of slaves is allowed in Islam, as is having sex with your female slaves. There is nothing wrong with this, according to Islam. But should the keeping of slaves, and using them for your sexual pleasure, still be permitted?
We are no longer living in the Saudi Arabian desert of the year 700. It is now the year 2010. To argue that what was allowed 1,300 years ago must not now be banned is not a valid argument.
Piracy was allowed 500 years ago. Englishmen like Francis Drake (1540-1596) and Walter Raleigh (1552-1618) were knighted and died as Sirs for their ‘patriotism’ and ‘service to The Crown’. They walked in the court of Queen Elizabeth I (1553-1603) for their ‘noble’ acts of piracy.
Today, piracy is a crime. It was not so 500 years ago. So why must what was allowed and accepted as a noble and heroic profession in days gone by now be regarded as unacceptable?
Yes, ‘good’ customs and cultures of before are frowned upon today and are no longer considered good. Burning deviants alive at the stake was the work of the church in the past (as recent as the 1700s, even in countries like America, they burned ‘witches’, who were considered disciples of the devil). If the church tries that today the people will burn down all the churches instead. So the church too had to change with the times.
I will stop here and allow you to read the pieces below. May the Malaysian Muslims find enlightenment in these ‘other opinions’. 2010 is the time for reflection. And there is much Malaysian Muslims need to reflect upon.
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Time to review syariah laws, says Mufti
The country's Islamic Family Law needs to be comprehensively reviewed although it has been enforced all this while, according to Perlis Mufti Dr Juanda Jaya.
He said one of the issues that should be looked into is marriages involving underage girls, which could be curbed by the religious authority (court).
Juanda was responding to the widely reported controversial child marriages between two girls aged 10 and 11 to two men aged 40 and 41 in Kelantan recently.
While several NGOs have spoken out against these child marriages, Islamic Affairs Minister Jamil Khir Baharom had on Tuesday defended Islamic laws that allow girls under 16 to marry.
Jamil Khir had reportedly said: “Maturity is a subjective question. It depends on the development of the person. Maturity is not based on age solely. There is no need to amend the law…"
Juanda, meanwhile said it would be sad if weaknesses in the Islamic Family Law were left unchecked as this could tarnish the image of the religion.
"Do we want our syariah law to be complete and beautiful, or outdated and narrow?" he said adding that besides the Islamic Family Law, the other syariah laws could also be reviewed.
He said it was time for all Muslims to seriously address the issues to protect the image of Islam and the community. -- Free Malaysia Today
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Within Shia Islam there are 34 sects whose interpretation of Shariah differs with each other. Within again, Sunni Islam there are at least 34 sects whose interpretation of Shariah differs with each other. There are issues on which no two ulema of different sects agree. Not superficial issue; even the fundamental ones. You have only to read the Munir Inquiry Report. Justice Munir, the Chief Justice of the Supreme Court was one of the two judges who were appointed to investigate into the background, reasons and the modus operandi of the anti‑Ahmadiyya riots in 1953. Who was responsible and who was not? How to define a Muslim?
During the course of the inquiry, justice Munir pointedly asked every Muslim scholar who appeared before him if he knew of a definition of Islam which could be acceptable by the other sects as well; which could equally apply to everyone and by the help of which we could define, 'Yes, this is Muslim', and 'That is not Muslim'. In the report justice Munir submits that no two scholars of all the Muslim scholars interrogated, agreed on a single definition of what Islam was.
In the case of one particular scholar, he wanted some more time to think over it, and justice Kayani, who was a partner with justice Munir, had a very peculiar sense of humour. His answer was: 'I cannot give you more time, because you have already taken more than thirteen hundred years to ponder over this question. Is that not enough?
If thirteen centuries, plus some years are not enough for you to be able to define the very fundamentals of Islam ‑ what is a definition? ‑ how much more time would you require?'
So this is a very grave issue. If the Shariah interpretation of one sect is imposed, then it will not just be the non‑Muslims who will be dispossessed of the fundamental right of participation in the country's legislation, but within Islam also there would be many sects who would be deprived of this right.
The Interpretation of which sect is to be imposed on Shariah Law?
Again there are so many other problems: For instance, according to some Shariah concept, the punishment for a crime is so much different from the concept of another sect, that Islam would be practised in the world so differently on the same issue, that it would create a horrible impression on the non‑Muslim world. What sort of faith that is which advises one punishment for the same crime here and another there. And in some other places it is just the very thing to do and it's no crime at all.
These and many such issues make the question of imposition of Shariah almost impossible.
Moreover, the fundamental rights of other sects are also tampered with, or trampled upon, in many possible situations. For instance on the question of drinking of alcohol. Alcohol is forbidden in Islam, alright; but, the very question of whether it is a punishable offence and whether the punishment, if any, is imposed by man in this world, is a fluid issue. It is a controversial issue and has not yet been agreed upon by all the people involved. What is the punishment of drinking? The Holy Quran does NOT mention any punishment. This is a fundamental law, the Book of law and it is inferred from some Tradition, by some scholars, that; that should be the punishment. But that inference is far‑fetched and the Traditions themselves are challenged by others not to be authentic.
So, will a large section of not only Muslim society, but also a large section of non‑Muslim society, be punished for such reasons as in themselves are doubtful. Whether it's valid or not, this is the issue. Yet there are extremists, everywhere and particularly those who go for Shariah to be imposed.
You will find many extremist who are totally intolerant of others opinion. Consequently, such grey areas also will be taken as No Doubt areas by the extremists. They will say, 'Yes, we know; it's our opinion. It's the opinion supported by a medieval scholar or our thinking. And that is law.
Hazrat Mirza Tahir Ahmad Khalifatul Masih IV, in a speech delivered on 3rd June 1991 at a conference called SHARIAH: RELATIONSHIP BETWEEN RELIGION AND POLITICS IN ISLAM held in Suriname
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Senior Muslim clerics in Jakarta oppose suicide bombers and radical Islam
Religious leaders in Indonesia’s capital back national unity and view democracy as the best form of government. Almost three quarters (74 per cent) are not against the separation of state and religion; 80 per cent reject the notion that violence is necessary to spread Muslim religion.
Jakarta (AsiaNews/Agencies) – An overwhelming majority of senior Muslim clerics in Jakarta reject suicide bombings, believe in national unity and consider democracy is the best form of government, this according to a report released today.
The study was conducted by the Center for the Study of Religion and Culture (CSRC) at Jakarta's Syarif Hidayatullah State Islamic University between November 2008 and January 2009. It surveyed 250 takmir masjid (mosque managers) in Jakarta.
Some 88.8 per cent of them approve of Pancasila [Indonesia’s state ideology] and consider the 1945 Constitution as the best model for Indonesia.
As many as 78.4 per cent agree that democracy is the best system of government for Indonesia.
“However, we found a kind of split personality among the mosque managers. As citizens they support Pancasila as the state ideology for the country, but as Muslims they support the establishment of an Islamic country,” CSRC senior researcher Sukron Kamil said.
Only 31 per cent support the introduction of Sharia or Islamic law, 56 per cent are against and 13 per cent did not answer.
Some 74 per cent said they would not fight a government that refuses to implement Sharia law against 14 per cent who said they would.
Significantly, some 74 per cent did not agree that the main purpose of jihad was to wage war
“On the question of whether violence is allowed to uphold amar ma’ruf nahi munkar [guiding people to the right path], 89 per cent of the respondents reject it, 9 per cent agree and the remaining 2 per cent are undecided,” CSRC research coordinator Ridwan Al Makassary said.
The survey all shows that for 75 per cent of respondents suicide bombing cannot be considered jihad compared to 9 per cent who said it was.
“Generally, the majority of mosques in Jakarta embrace moderate Islamic ideas and thoughts.
Nevertheless, among the total there is a small number with a tendency toward increasingly radical Islamic ideas," Ridwan said.

written by popuri, March 24, 2010 05:06:13
written by BAYANGKARA, March 20, 2010 11:12:12
Hoy, Minister I can sense your lust and that of the so called defenders of Islam oozing out of your skins when you said:
Islamic Affairs Minister Jamil Khir Baharom had on Tuesday defended Islamic laws that allow girls under 16 to marry.
“Maturity is a subjective question. It depends on the development of the person. Maturity is not based on age solely. There is no need to amend the law…"
A mature 13 year old bride? Come on, who are you kidding? A 13 year, or for that matter, a 16 year old, girl is still mentally, intellectually immature even though in some rare cases among the Arabs, physically mature. "Maturity is not based on age solely" So it is based on the female anatomy. It's all about sex, isn't it?
Apparently, the world has passed you by.
Sex with an underaged girl, unhappily for the innocent girl under the guise of an Islamic marriage, is statutory rape in a more civilized society.
Predators of young girls and boys are called paedophiles. (Has Dewan Bahasa defined this in Malay?)
Sex forced on the quietly suffering Muslim wife is marital rape in a society where women are not treated as chattels.
Punishing the female counterpart and not the male counterpart for khalwat is sexist and gender discrimination.
Muslim men, you can argue about what is Islam and syariah till the cows come home while your womenfolk suffer gross indignities, rape and inhumane impositions all of your own creation, unfortunately, in the name of Islam.
written by Divine, March 20, 2010 06:01:47
Which brand is the right one again? :p
written by Tompios, March 20, 2010 05:01:15
I once stayed with an Arabian friend in Bangkok, mind you, sharia laws is perfectly laws for them since this kind of race is really like wild-goat! Susah beratur apalagi diatur!!
written by Admiral Tojo, March 20, 2010 04:18:11
What are GOD's laws? Laws of Physics, Law of Gravity, Laws that holds this Universe togather in an ordered manner etc. The Laws of the Arab Desert are NEVER God's law. Bollocks to anyone that tries to deceive.
One of the advises in Quran is for you NOT to follow your Mullahs or anyone who claims that they represent GOD.
Shalom
written by ctlyn, March 19, 2010 23:33:27
written by hibou, March 19, 2010 22:26:01
What the ordinary Malays do not realize is that UMNO Malays have already " masuk Cina ". Yes, UMNO Malays now worship many gods, especially the god of wealth and prosperity.
Islam is just an inconvenience for UMNO, but a powerful tool to forever keep them in power.
written by Apek, March 19, 2010 21:52:41
All laws are meant to regulate the life of people within a community in order that people may live their lives to their fullest potential as endowed by the creator without infringing on the rights of another creature to live to its fullest potential. All laws evolve as people evolve. In fact, there was never any law on the subject of the internet or the new media in the old texts but faced with the modern world, modern men had interpolated earlier principles to create new laws for the modern man. Surely to keep up with times, the Islamic jurists must accept the following principles (not comprehensive):-
a) Shariah Laws can be changed and it would not offend God if the principles of Shariah (such as fairness) can be delivered in a modern form.
b) Shariah Laws can and should be questioned to allow it to develop to suit the modern world;
c) Shariah Laws must be debated upon by all the stakeholders (such as women and other minorities as such laws affect them) to exclude personal biasness and incorrectness from the law (e.g why only cane women and not men)
If the true aims and principles of the Islamic and Civil tradition can be obtained, maybe a new mode of delivering these principles (in the form of a law) can be made to bring the Malaysian people together under one law - rather than divide them according to belief.
written by Ken Liew, March 19, 2010 21:26:19
For there are so many people that dont listen and filter with their brain....
Come on people, think with your brain, not the money given in hand..... Bribery is a BIG CRIME....
written by educationist, March 19, 2010 18:11:45
It is even clearer now.
But those who used religion for their own personal agenda, to control and subjugate the masses shall not hear nor see ur well supported points.!!!
written by Davy McChester, March 19, 2010 14:30:20
The only thing that is not static is change.Those slow or do not change will end up having empty places of worship. You have all over world empty churches,more so in Europe,Canada and the USA. Why ? The congregation could no longer accept "where it silent in the holy text we do not comment" and answers to the troublesome emerging "third" and "fourth" gender factors. And the new generations ,new instant way of communication across borders and as good as zero censorship would not easily accept answers that do not make any sense.. It is like a car computer(holy texts and the preacher) telling a rocket computer( the 21st century homo sapient ) "I can't seem to find the answer". The homo sapient has overtaken the "holy"texts. Discard the crab about "chosen" people bullshit. Change!
You would not hijack a lorry on the North-South Highway in the 21st century and say 10 % of the booty is for God.
written by jokersland, March 19, 2010 14:01:40
As a Buddhist myself, honestly I also don't understand what its all about. Some peoples will tell you this and some will tell you that. And frankly I told them it's all crap. All this will only be answered when I'm death. As far as I understand in religion, we do things according to our conscience, filial to our parents and try to help the less unfortunates. What's the point you pray here and there but do things the opposite ways ? I think a lot of readers will not agree with me but I don't mind as all of us have a right on our view.
written by Fart Fart Wah, March 19, 2010 13:47:16
I think this whole sharia thing should be just removed or revised as it puts a huge burden on the people.......Look at the Koran.in its spirit...ONE MAN WAS MADE FOR ONE WOMAN... wonder if EVE was 9 years old???Return to the spirit of the Holy Koran.There was no 4 or 5 women made for Adam...Let us not make God look like a fool. He made things good. We made good things bad........Muslim men must learn self control and not give in to lust...sex is over emphasized in Islam. We do not know how many Muslim women are suffering marital rape quietly because of Friday nights. Why must the women give in??Why can't the men control themselves???that is if the spiritual aspect is dominant ...why let the physical aspect be dominant..sex sex and more sex...Yes the Mufti of Perlis is right. too many Muslim women are being dumped just because the men have the right of divorce..with just a few words....definitely introduced by men and to put women at a disadvantage....there is no justice for women in marriage..in Islam..as I see it..Islam fossilized in 700 CE...it should evolve ..well said and explained by RPK. yes you are right too..Christianity too was in the dark..fossilized and the people burdened.. and the people started to wake up.....gee we have been conned!!!!!
written by Motherchell, March 19, 2010 12:49:42
Danke!
written by Motherchell, March 19, 2010 12:41:02
Next Najis will be giving a contract to procure Docs and nurses from Papua New Guinea(much easier to dispose bodies without C4, the Cannibals will digest it ) and Somalia(the wives of the pirates are jobless other than cleaning their husbands AK47 barrels) . That will be another Rm100M.
Minor operating theaters??? What is that?? Oh cutting of the liver without anesthesia!!! Why build a hospital in the first place. When was the last Najis the shit bag ever visit a kampong to see the sick , handicapped and dead???
Check this out folks who live nearest to any GK water treatment plants in Pahang. Chlorine is added to the water you drink not in calibrated doses. There are no checklists and no instruments present . The local Pengarah has given up because of the UMNO connected contracts.
See for yourself the state of the plants that bring you water to drink and cook.
Zombie Zahrain--take it easy man !!----how did you like Beardo's JJ's Porche?? Have you booked one?? please do something for Italy's economy. How was the nasi puteh and Rotten beef rendang that Beardo JJ's wife prepare for you?? Hey!!! I thought you were an Independent Even representation you rob!!
How about telling us all your moves after midnight---must be absolutely sadomasochist and pornographic right ?? Don't be shy man! Im sure there were lots of your children who died in want of their father.
Podah gutter datuk sri!! you spoke like Jack the Ripper's soliloquy in Bahasa Malaysia on the Quantum Theory. You're the kind of lembu who will always be made to pull the bearing-less axle of the UMNO bullock cart.
written by AlwaysFair, March 19, 2010 12:36:00
If the shariah laws seem to clash with statutory lawsthen the statutory laws should prevail because it provides protection for all citizens irregardless of faith.Laws should be adopted to be more protective of the minor and defenceless, who need more protection.
The reason I say this is because the statutory laws were handed down and modified through time immemorial by societies more developed than ours and based on most acceptable principles of justice and democracy.If a girl below 16 is considered a minor and sex with her is considered statutory rape how can Islam condon girls below that age to get married even though it was accepted practise long ago?A minor is not considered to be mature enought to make proper decisions therefore such laws were adopted to protect her and not the perpetrator.If the husband of the underaged girl then proceed to divorce her later don't you think society will be outraged compared to if the girl was an adult?
Also note during the practise of shariah laws in olden times I believe the judicial system is not so well-developed like today.
In the same spirit common laws have also evolved where the severity of punishment have also evolved to be more fair where crimes against or threatening society at large are more condemed than those affecting a private pair. Eg, crimes of rape are punished but consensual sex acts are not .
In fact Anti-sodomy laws which was adopted by M'sia when we were colonised long ago have already been repealed in UK and several former British colonies but still retained here.
written by hellosunshine, March 19, 2010 11:35:19
written by cheekhiaw, March 19, 2010 11:22:03
And do you think that unto such as you;
A maggot-minded, starved, fanatic crew:
God gave the secret—and denied it me?
Well, well, what matters it? Believe that, too.
- Rubaiyat, Omar Khayyam
xxx
written by Angela Ooi, March 19, 2010 11:11:42
written by Aria, March 19, 2010 10:24:40
When you look at the interpretation of some Shariah laws in Malaysia today, you will think who interpreted this? A male chauvinistic pig! Why are the Muslim women of Malaysia not saying something about some of these laws? These laws are just an interpretations by someone. I am very sure that prophet Mohamed would have wanted men and women to be treated equally.
UMNO is making things worse by fanning the flames of fanaticism. Many countries in the world today are being tortured by suicide bombers and it is very scary that UMNO is urging on the fanatics to start civil unrest. UMNO has gone crazy blinded by power and greed. It is time for UMNO is leave office before it sends us back 50 years.
















