So, let us understand what Sharia means! It must be clear: it doesn’t mean cutting off hands and legs, not even stoning women and other similar issues what are spread by anti-Islamic communications in large scale.
Quran has two main elements: doctrines (aqida) and order of divine legitimacy (sharia). The
doctrines don't differ from other Monotheistic principles. It has three main chapters: Belief in One
God, Hereafter and Prophets. Regarding Sharia people say it is law however it is not! Law is worked
out by humans but Sharia is deducted from divine revelations and principles. About 40% of Quran are
doctrines and 60% is Sharia. Doctrines cannot be changed because those are dogmas. Sharia can be
Judaism, Christianity and Islam. Yes, this is the way how classical Islam sets up the categories. The
three Monotheistic beliefs don't differ in doctrines. The difference exists in Sharia.
Judaism creates a sort of law from traditions followed by Jewish communities under the jurisprudence of learned rabbis. The Christian Sharia is the Canonic Law. The fundament of Islamic Sharia is the Holy Quran. The principles of Sharia cannot be changed. However numerous orders of legitimacies have been worked out after taking deductions in order to adapt jurisprudence to a particular age and place. For deduction the first step needed is a contemporary interpretation of Quran. Quran is considered as a Constitution itself however it cannot be considered as Source of Law directly. It will become Source of Law if it is interpreted by Ulemas of the local community of the particular age. These interpretations should be focused on legal terms and not on theoretical issues in general.
This huge work was done by the institute of Caliphate. The systems of Caliphate harmonized Sharia in the last 1400 years to ages and places. Therefore, the order of divine legitimacy (Sharia) was different in Baghdad, Cairo, Córdoba etc. Local fuqaha’s (scientists of law) and their administration adapted and set up the system of Sharia to the required form and practice what could be followed locally. This work needed huge libraries, experience and research activity.
The institute of Caliphate was abolished in 1924. At the moment doesn’t exist corresponding institute what can adjust Islamic jurisprudence to the actual age, so modernizing legal comprehension cannot be achieved. What is the response of Muslims? They’ve fled back to the age in their minds when their particular Caliphate flourished. As Hungarians who wish the great Hungary back with three see-shores and old Constitution. Muslims think similarly. And this is the key of the problem! Part of Muslims wish to stay in modern ages but another part flees back virtually to stone ages and their requirement for jurisdiction follows their virtual trip. So, it is a cultural issue and not a religious one. A goat-shepherd from Afghanistan requires quite another Islamic conduct regarding legal terms than a teacher from Egypt. Don’t forget that Islamic world is more heterogenic culturally than those countries where secular laws are in force.
After colonial system and institute of Caliphate have been abolished (I know the two issues took place in different times), masses of Muslims migrated to Europe. The first wave of them came for freedom, money, secured social system etc. They didn’t deal with Islam so much. Their main motivation was integration and money. The second generation who were born in Europe wanted to discover their own identity. In order to support their wish for identity a lot of missions arrived to Europe in the late 90’s and they exported their own Islamic comprehension what was propagated in different mosques. Enjoying religious freedom guaranteed by law numerous mosques and Islamic sect has got legitimacy. However, a very significant work was not done: harmonization of Sharia to European conditions! Without harmonization an unblessed situation comes true what brings us every day closer to conflicts and chaos. It is no time for cry or hatred! This issue has to be solved by both sides black and white.I speak now for Muslims:
I speak now for Muslims:
- It is incredible that you bring with yourselves a belief and you apply the jurisdiction of that belief without reconciliation with the country what has received you. Even our Prophet (pbuh) agreed with those who opened chances for Muslims (see Nagashi Abyssinia, or Treaty of Aqaba 1 and 2 with Khazraj and Awas of Al-Medina).
- It is incredible that you refuse to follow local laws! Always “Shura takes decision” (Quran 42:38) what is called parliament in this case.
- In case laws of the country what has received you are not good enough for following Islamic life, you can leave and go further. This option is always there.
Some words about issues what you cannot do: you migrated here and you were received. You have got training and courses to learn language and job. You have income and livelihood. How it comes that you open your mouth and blame unbelievers who look after you! This is the biggest sin in Quran called Fitna! (Intrigue, temptation, perturbation).
So, we need a Sharia harmonized to our age and site in order to regulate Muslims and guarantee security and peaceful coexistence for all people. Harmonization means that Islamic law has to be harmonized to the law what legislation (parliament) of a particular place pass.