1.01 - Notes On the History of the Islamic Legal System - From:
Injustice in God's name: The corruption of modern Islam; Khaled Abou El Fadl, 24 Sep 2012
The disintegration of the classic Islamic law tradition - in the last 200 years.
Far from being authentic expressions of inherited Islamic paradigms, or a natural outgrowth of the classical tradition, these groups, and their impulsive and reactive modes of thinking, are a by-product of colonialism and modernity.
Instead of Islam being a moral vision given to humanity, it becomes constructed into the antithesis of the West.
Colonialism: one of the main factors of the dismantling of the traditional institutions of Islamic civil society.
Also the emergence of modern nationalistic thought led to the centralization of Islamic jurisprudence; preachers became the preachers of the rulers.
European legal traditions were adopted.
Those self-proclaimed and self-trained experts were only trained in Western scientific methods and were therefore part of the Western culture.
Quote: ”Most significantly as they searched Islam for black and white, and definite answers to all the social political problems, these Muslim activists superimposed the logic of empirical position in the determination of Western scientific method upon the Islamic intellectual and particularly the juristic tradition.
Quote: ”The problem is that the traditional institutions of Islam that historically reacted to marginalize extremist creeds no longer exist.
Quote: ”From a Muslim perspective, it is arrogant to assume that regardless of the efforts and behaviour of Muslims, God is somehow obliged to save Muslims from the follies of their own deeds.
Quote: ”The Qur'an consistently emphasizes that the covenant given to Muslims is contingent (not an entitlement), and that the failure to do it justice will lead God to abandon those once entrusted with the Divine covenant to their own vices and the consequences of their evil deeds.
Quote: ”The Qur'an explicitly commands Muslims to bear witness for truth and justice, even if the testimony is against themselves or against loved ones.
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