Pluralism Isn't Islamic Law, Either.

Tuesday, May 23, 2006

Via RealClear Politics I have come across an interesting article by a former president of Indonesia who argues that "Extremism Isn't Islamic Law". Although I appreciate his sentiment favoring religious pluralism, even to the extent of allowing Moslem apostates to leave their faith peacefully, I must indicate that his central argument, which is to say that religious persecution is "against" Islamic law is not the way to the reformation of Islam that so many of us in West hope will eventually occur.

Consider the following passage.

[T]hroughout much of Islamic history, Muslim governments have embraced an interpretation of Islamic law that imposes the death penalty for apostasy.

It is vital that we differentiate between the Koran, from which much of the raw material for producing Islamic law is derived, and the law itself. While its revelatory inspiration is divine, Islamic law is man-made and thus subject to human interpretation and revision. ...

In the case of Rahman, two key principles of Islamic jurisprudence come into play. First, al-umuru bi maqashidiha ("Every problem [should be addressed] in accordance with its purpose"). If a legal ordinance truly protects citizens, then it is valid and may become law. From this perspective, Rahman did not violate any law, Islamic or otherwise. Indeed, he should be protected under Islamic law, rather than threatened with death or imprisonment. The second key principle is al-hukm-u yadullu ma'a illatihi wujudan wa adaman ("The law is formulated in accordance with circumstances"). Not only can Islamic law be changed -- it must be changed due to the ever-shifting circumstances of human life. Rather than take at face value assertions by extremists that their interpretation of Islamic law is eternal and unchanging, Muslims and Westerners must reject these false claims and join in the struggle to support a pluralistic and tolerant understanding of Islam. [bold added]
Among all the divine fiats and mere human interpretations, there is no concession to objectivity save the weak-kneed "in accordance with circumstances". That phrase would, I am sure, carry great moral weight with Westerners, who implicity as a whole, value life on this earth as an end in itself. Westerners would take this to mean that religious dicta must change with the times to accommodate human needs.

By contrast, the phrase would carry great tactical weight to just about anyone whose highest ideal is the implementation of what he feels to be Allah's will. Many Moslems would, I am sure, take the phrase to mean that different strategies to spread Islam must be taken, depending on the changing circumstances. Why else would we have suicide bombers?

And more to the point, why would someone who values his feeling of what the divine wants over his own life make the "mistake" of allowing an apostate to walk away from his religion peacefully, and straight into the maw of hell? And, worse still, why would he permit Allah's will to be thwarted?

This is the problem with attempts to base pluralism on religion. Religion causes its followers to regard otherworldly, unprovable -- in a word, imaginary -- notions as more important than their own lives, and by extension, those of others. And one's highest ideal sets his lower priorities by an inexorable logic. If eternal perdition is "real" harm, then how does bodily death injure an apostate? And might the apostate's death protect others from his unholy influence? And, in the meantime, how would threats harm him if they could cause his return to the One True Path? I don't see much room for pluralism here....

When laws are made admitting of any element of the arbitrary -- er, "divine" -- of course they are going to conflict with the worldly requirements of man's life on earth any time someone has the temerity to run afoul of whatever element that is. And while it might feel good to denigrate the barbaric "interpretations" of the unwashed fanatic as "mere interpretations" of the "divine", anyone who does so in the name of interpreting his religion differently ipso facto opens himself up to the very same criticism!

What the Islamic world needs instead of some fatwa mandating tolerance is what the Christian world got during the Renaissance and the Enlightenment and still has to a lesser extent today -- a recognition that there exists a law independent of alleged divine fiat and claims of inspired knowledge. Moslems need to accept in some meaningful way that their own lives on this earth are valuable in and of themselves, and so recognize that the surest way to protect their lives is to live in accordance with natural law. Most importantly, they must permit natural law to supercede religious law as unprovable and open to the wildest of interpretations. And if they love their lives, they will, because they will understand how the "divine law" espoused by others can ruin their lives or end them altogether.

Religion, in the sense that it unleashes the most brutish fanatics upon their fellow man, is the arch-enemy of life and liberty, and it must be kept from forming the basis of the law in any society. This is what we learned in the West, and this is what the Moslems must learn, even if we must teach them -- incidentally, and for the sake of self-preservation -- in the most unpleasant way.

-- CAV

4 comments:

Zeeshan Suhail said...

CAV,
It's unfortunate to see that individuals like yourself, who have the capacity to think critically and analyze thoughtfully, feel that religion should play no role whatsoever in the lives of people anywhere.
I take offense at the fact that your entire analysis of Wahid's piece is based on referring to the Muslims as "the other". As if the West and Islam are in perennial conflict and can't survive in co-existence.
Thankfully, there aren't too many of your sorts around in the US, but I feel sad that Europeans might agree with what you have to say.
I refuse to be "taught" by people like yourselves who in fact, just want demarcations that separate anything remotely different from themselves. Perhaps you belong in Nazi Germany?
In conclusion, religion isn't the enemy of anything. It is the people who adhere to and interpret religion in harmful ways that you should be devoting your tirade to. I hate extremist and radical Muslims just as much as Bush does. They've wreaked havoc in my life just as much as they have in yours. But, for the sake of humanity, please do not continue to think the West should - or has the right to - impose anything on anyone. It is this very attitude that has created terrorists, let alone helped in diminishing the threat of terrorism.
And we think the War on Terror is about "Islam", or "the Muslims"...

Gus Van Horn said...

Zeeshan,

You completely missed my point.

I frankly don't care what anyone else chooses to believe, so long as they will agree not to force me to live in accordance with their beliefs -- by making me live under their religious laws.

As for the West "imposing" anything on the Islamic world, all that would entail is a refusal to tolerate attempts by Islamic states to interfere with our affairs.

Rather than immediately labeling me as a Nazi, I suggest you calm down, take a deep breath, and carefully re-read what I wrote. That comparison is un-called-for and says a lot more about you than it does about me.

Gus

Zeeshan Suhail said...

Hi Gus,
Your right about the calming down and taking a deep breath. Unfortunately, being a Muslim in post-9/11 America means you're always on the defensive.
Regarding your response: who's forcing you to live according to anyone's belief? Didnt quite get the point there...
Islamic states interfering with us; hmmm...I dont quite see that happening either, because none of those states propogated colonialism, hence were actually interefered with and didnt initiate the process themselves.
I actually didnt label you a Nazi; I just suggested by implication that you might want to try living in a society where people are segregated: uncivilized from civilized; one religion from another, etc. Perhaps a harsh comment, but yes, a thought worth considering because so many Americans think of gays, blacks, Muslims and other minorities as "the other". All we really need are internment, or worse yet - concentration - camps.
As for re-reading your post and actually getting "your point", I am still baffled at the last paragraph you wrote:

"Religion, in the sense that it unleashes the most brutish fanatics upon their fellow man, is the arch-enemy of life and liberty, and it must be kept from forming the basis of the law in any society. This is what we learned in the West, and this is what the Moslems must learn, even if we must teach them -- incidentally, and for the sake of self-preservation -- in the most unpleasant way."

I hope you read up on history, because most of modern law is based on some religious doctrine or the other. To say we should do away with religion is pretty sweeping. Also, "This is what Muslims must learn". Why "must" they be taught these things? I would've appreciated a "should", but "must" is too strong. Nothing is absolute. You also downplay the role of religion too much. You may want to consider why Islamic fundos are so highlighted in the media, and not Christian fundos. I frankly, dont know why...

Sorry if i've offended you, but i've had enough of being told how I should help reform the Muslim world, when in fact, the reform could very well start here at home first.
Zeeshan

Gus Van Horn said...

Zeeshan,

No. You have not gotten my point.

Prove to me that the Koran (or the Bible or any other religious text) is divinely inspired. I knew you couldn't.

Give me an airtight argument for why Islam promotes religious tolerance. I knew you couldn't. The Koran, like every other religious text, is loaded with contradictory instructions, for starters.

But the real point is that the Koran must be accepted on faith. That is, regardless of evidence or logic. That is, you are not to engage your mind when reading it.

It is the method of thinking demanded by religion that makes it so dangerous. There's no telling what bizarre notion or insane interpretation someone might give to religion because logic and facts are out the window from the get-go. This is exactly why religion as a foundation for law is a bad idea.

You also fail to grasp my point on religion. Separating religion from state is not the same as "doing away with it". It is merely protecting everyone from it.

As for your point on the religious basis for law, please explain to me the religious basis for Thomas Jefferson's Statute for Religious Freedom. That's a trick question, for the first thing he does is invoke the name of God in its text. And yet how can this one law, as against centureis of religious tyranny, honestly be thought "grounded" in religion? It is a statute for fredom from religion, plain and simple.

As for us "helping" the Moslem world, you've again missed my point. The requirements for man's life depend on his nature. Not divine edict, and not hisown whim. If a bunch of savages want to scream "God is great!" and attack a well-armed nation, they present that nation with a choice: allow themselves to die or dispatch the savages in short order. In the sense that man's life is better served by not trying to exterminate people just because of their beliefs, many Moslems son't understand that. If they continue to fail to, they will die, God willing (so to speak). I want to live and have no compunction about killing some savage who wants me to convert, submit, or die. And in that context, his death is his choice.

Finally, a nation need not be engaged in colonialism to interfere with the affairs of another. Afghanistan, in providing free haven to bin Laden befor the atrocities of September 11 did a pretty good job of refuting that.

Gus