Rethinking Islamism II

Misconceptions and fears about sharia.

One of the first, and foremost, fears about Islamism is that its aim is the imposition of sharia law. That in itself is open to question, and I will come to that in a later post. But the very concept of sharia has been so oversimplified by scaremongers that, in the popular imagination, it is inextricably linked with the punishments of beheading, flogging and amputation for crimes such as theft and adultery, and for which Saudi Arabia has long been notorious.

Regimes like that of the Taliban, who banned flared trousers and jailed beard-trimmers, reinforced this view, which is why when the Archbishop of Canterbury made a modest suggestion about whether aspects of sharia could or should be incorporated into British law he faced a hysterical reaction and calls to quit.

As is sadly so often the case, the nuances in the lecture Rowan Williams delivered at the Royal Courts of Justice in February 2008 failed to have any impact on those whose closed minds alit on the word "sharia" and decided he was talking nonsense yet again. In fact, Dr Williams addressed this point very early on when he quoted Tariq Ramadan's chapter on sharia in his book Western Muslims and the Future of Islam.

"In the west," writes Ramadan, currently professor of contemporary Islamic studies at Oxford, "the idea of sharia calls up all the darkest images of Islam . . . It has reached the extent that many Muslim intellectuals do not dare even to refer to the concept for fear of frightening people or arousing suspicion of all their work by the mere mention of the word."

The example of Saudi Arabia undoubtedly has much to do with this. Yet it is important to stress that to look at that country and then assume that its version of sharia is the only one, or the one to which Muslims all secretly aspire, would be akin to holding up a vision of Torquemada's Inquisition and concluding that this was what real Christianity was. It is unrepresentative and, many would argue, a perversion.

"Barbarism"

Equally important is that the punishments which cause the greatest outcry -- flogging, stoning, etc -- come under the hudud laws, which are implemented in Saudi Arabia and were introduced by General Zia ul-Haq in Pakistan in 1979, but are the exception, not the rule, in most Muslim countries.

They are, in fact, an embarrassment to the many Muslims who consider them barbaric. So when Ramadan called for a moratorium on corporal punishment, stoning and the death penalty in the Islamic world in 2005, some non-Muslims criticised him for not going further. Why didn't he say the hudud laws should just be discarded or repealed?

He explained this by pointing out that most of the authorities "are of the opinion that these penalties are on the whole Islamic [because of textual references] but that the conditions under which they should be implemented are nearly impossible to re-establish. These penalties, therefore, are 'almost never applicable'." He later declared that "Islam is being used to degrade and subjugate women and men in certain Muslim-majority societies in the midst of collusive silence and chaotic judicial opinions on the ground". The present-day use of hudud, therefore, is clearly a misuse of sharia.

But Ramadan provides further explanation for why the simplistic view of sharia is wrong. He has written of "the fundamental distinction that should be established between timeless principles" -- "sharia as a way towards justice", as he puts it -- "and contingent models". In other words, to reduce the whole of sharia to a detailed and specific set of laws, none of which leaves room for interpretation or reform, is, in his opinion, to miss the point.

"The concern should not be to dress as the Prophet dressed," he writes, "but to dress according to the principles (of decency, cleanliness, simplicity, aesthetics, and modesty) that underlay his choice of clothes . . . It really is a way, a way toward the ideal."

Many-splendoured

Cast in this manner, it becomes easier to understand why sharia varies enormously in the countries where it enjoys official status. For a surprisingly favourable account of what it's actually like to experience a sharia court, by a Times reporter, click here.

In Malaysia, to take another example, sharia is co-equal with civil law but is applied only to Muslims, and then mostly in matters concerning family law, marriage, inheritance and so on. Chinese restaurants are free to serve pork, alcohol is widely available, and women are not required to cover up. The former prime minister Dr Mahathir Mohamad insisted on this latter point when I interviewed him in Kuala Lumpur this year.

"My wife does not cover her head. She's accepted," he told me. "It does not determine whether you are Muslim or not."

This may not be the type of sharia that all Islamists would favour, but not only would it suit some, it actually operates in a way that goes beyond what other Islamists advocate (about which, more later). You don't have to go as far as the authors of this interesting article in last July's Foreign Policy magazine, "What Israel needs to know about sharia" -- they argue that understanding sharia is the key to a peaceful coexistence with Hamas -- to appreciate that Rowan Williams did not deserve the barrage of criticism to which he was subjected two years ago (the Sun even set up a "Bash the Bishop" game on its website). Dr Williams was merely indicating that he knew (as I'm sure Christopher Hitchens does, too) that sharia is a highly complex and varied concept.

There are plenty who will object to any legal system or way of life that has a religious basis, regardless of how it operates. But the one word that is, above all, associated with sharia, stressed by Ramadan in his writings, Mahathir in his interview with me, by Bernard Lewis in his latest book and by countless others, is "justice".

I think we can agree that it is not just Islamists who are in favour of that.

Sholto Byrnes is a Contributing Editor to the New Statesman
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Donald Trump vs Barack Obama: How the inauguration speeches compared

We compared the two presidents on trade, foreign affairs and climate change – so you (really, really) don't have to.

After watching Donald Trump's inaugural address, what better way to get rid of the last few dregs of hope than by comparing what he said with Barack Obama's address from 2009? 

Both thanked the previous President, with Trump calling the Obamas "magnificent", and pledged to reform Washington, but the comparison ended there. 

Here is what each of them said: 

On American jobs

Obama:

The state of our economy calls for action, bold and swift.  And we will act, not only to create new jobs, but to lay a new foundation for growth.  We will build the roads and bridges, the electric grids and digital lines that feed our commerce and bind us together.  We'll restore science to its rightful place, and wield technology's wonders to raise health care's quality and lower its cost.  We will harness the sun and the winds and the soil to fuel our cars and run our factories.  And we will transform our schools and colleges and universities to meet the demands of a new age.

Trump:

For many decades we've enriched foreign industry at the expense of American industry, subsidized the armies of other countries while allowing for the very sad depletion of our military.

One by one, the factories shuttered and left our shores with not even a thought about the millions and millions of American workers that were left behind.

Obama had a plan for growth. Trump just blames the rest of the world...

On global warming

Obama:

With old friends and former foes, we'll work tirelessly to lessen the nuclear threat, and roll back the specter of a warming planet.

Trump:

On the Middle East:

Obama:

To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict, or blame their society's ills on the West, know that your people will judge you on what you can build, not what you destroy. 

Trump:

We will re-enforce old alliances and form new ones and unite the civilized world against radical Islamic terrorism, which we will eradicate completely from the face of the earth.

On “greatness”

Obama:

In reaffirming the greatness of our nation we understand that greatness is never a given. It must be earned.

Trump:

America will start winning again, winning like never before.

 

On trade

Obama:

This is the journey we continue today.  We remain the most prosperous, powerful nation on Earth.  Our workers are no less productive than when this crisis began.  Our minds are no less inventive, our goods and services no less needed than they were last week, or last month, or last year.  Our capacity remains undiminished.  

Trump:

We must protect our borders from the ravages of other countries making our product, stealing our companies and destroying our jobs.

Protection will lead to great prosperity and strength. I will fight for you with every breath in my body, and I will never ever let you down.

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland