Guest commentary: Understanding Shari’a — its guidelines of faith don’t conflict with laws of the land

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By Dawud Walid

DETROIT FREE PRESS GUEST WRITER

Apr 28, 2011

With anti-Islam legislation proposed in Texas in which a legislator states that Dearborn is governed by Islamic law to the recent media circus surrounding Pastor Terry Jones, the term sharia has become perhaps the most misunderstood term in America’s contemporary lexicon.

Sharia is generally defined by Oxford Professor Tariq Ramadan as a “path towards faithfulness” meaning the Muslims’ compass towards living life pleasing to God.  As sharia’s original meaning is a path towards water, Islam teaches that souls need spiritual and intellect water to sustain and protect their physical and material selves in societies.  To be clear, sharia does not mean a fixed codex of laws but is a guidepost towards promoting well-being.

The 14th century Spanish Muslim jurist Abu Ishaq al-Shatibi stated that the basic objectives of sharia are five – the protection of religion, life, intellect, property and posterity.  To meet these objectives in worship, social transactions and judicial proceedings, varying schools of jurisprudence arose based upon textual interpretations and cultural environments.  Like Jewish Halakha, which was practiced in Muslim Spain for almost seven centuries, there are laws between God and man and rules that govern relations between people within Islam.

Sharia, thus, guides Muslims in the entire life from how to eat and pray to the need for being just with all humans for the pleasure of the Divine.  What can be eaten, the exact words to be said in ritual prayers and the system in which justice can be found, however, can vary.  Hence, Dr. Ramadan stated that the Bill of Rights of the United States Constitution is “sharia compliant” because American Muslims can adhere to the laws of the land while congruently striving to fulfill the requirements of the Islamic faith.

Adhering to the rule of law and order in any country while prohibiting vigilantism, which can lead to anarchy is within the sharia.  The Qur’an states, “Oh you who believe! Fulfill (all) obligations,” and “fulfill (every) covenant, and surely (every) covenant will be questioned about.”  Therefore, American Muslims must fulfill their social contracts with the state, not simply as being law-abiding citizens but also as obeying a Divine mandate.

Islamic jurisprudence is not incumbent on people who do not believe in Islam, nor do American Muslims have the desire, much less the authority, to force one particular form of Islamic jurisprudence on the Muslim community.  Many Muslims, who have immigrated to America from lands such as Egypt and Tunisia can attest to fact that they can practice Islam more freely under our system of government than the countries in which they migrated from.  This is a fact.

As our nation witnessed merchants of fear proclaiming that Catholics were going to secretly take over the country to have the Pope and Catholic Law rule America, we are seeing from the likes of Newt Gingrich, himself a Catholic, propagating the same regarding Muslims and sharia.  As we better our understanding of Islam and the long history of Muslims in America, I hope that more of us can challenge the likes of Jones and Gingrich, who are seeking to divide fellow Americans for a quick moment of fame or to gain cheap political points.

Dawud Walid is executive director of CAIR-MI.

DawudWalid

Dawud Walid is currently the Executive Director of the Michigan chapter of the Council on American-Islamic Relations (CAIR-MI), which is a chapter of America's largest advocacy and civil liberties organization for American Muslims and is a member of the Michigan Muslim Community Council (MMCC) Imams Committee. Walid has been interviewed and quoted in approximately 150 media outlets ranging from the New York Times, Wall St Journal, National Public Radio, CNN, BBC, FOX News and Al-Jazeera. Furthermore, Walid was a political blogger for the Detroit News from January 2014 to January 2016, has had essays published in the 2012 book All-American: 45 American Men on Being Muslim, the 2014 book Qur'an in Conversation and was quoted as an expert in 13 additional books and academic dissertations. He was also a featured character in the 2013 HBO documentary "The Education of Mohammad Hussein." Walid has lectured at over 50 institutions of higher learning about Islam, interfaith dialogue and social justice including at Harvard University, DePaul University and the University of the Virgin Islands - St. Thomas and St. Croix campuses as well as spoken at the 2008 and 2011 Congressional Black Caucus Conventions alongside prominent speakers such as the Rev. Jesse Jackson and Congressman Keith Ellison. In 2008, Walid delivered the closing benediction at the historic 52nd Michigan Electoral College in the Michigan State Senate chambers and gave the Baccalaureate speech for graduates of the prestigious Cranbrook-Kingswood Academy located in Bloomfield Hills, Michigan. Walid was also a featured speaker at the 2009 and 2010 Malian Peace and Tolerance Conferences at the University of Bamako in Mali, West Africa. He has also given testimony at hearings and briefings in front of Michigan state legislators and U.S. congressional representatives, including speaking before members of the Congressional Hispanic Caucus in Washington, D.C. Walid has studied under qualified scholars the disciplines of Arabic grammar and morphology, foundations of Islamic jurisprudence, sciences of the exegesis of the Qur’an, and Islamic history during the era of Prophet Muhammad through the governments of the first 5 caliphs. He previously served as an imam at Masjid Wali Muhammad in Detroit and the Bosnian American Islamic Center in Hamtramck, Michigan, and continues to deliver sermons and lectures at Islamic centers across the United States and Canada. Walid was a 2011 - 2012 fellow of the University of Southern California (USC) American Muslim Civil Leadership Institute (AMCLI) and a 2014 - 2015 fellow of the Wayne State Law School Detroit Action Equity Lab (DEAL). Walid served in the United States Navy under honorable conditions earning two United States Navy & Marine Corp Achievement medals while deployed abroad. He has also received awards of recognition from the city councils of Detroit and Hamtramck and from the Mayor of Lansing as well as a number of other religious and community organizations.

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