Monday, November 28, 2011

In a nutshell: sharia or Islamic law

The definition of justice, according to Dr. Robert D. Crane, founder of the Center for Civilizational Renewal, is respect for human rights, which were formulated six centuries ago by Islamic scholars.

These rights, says Dr. Crane, are: "the right to life and personal integrity (haqq al haya), to family and community existence and cohesion at all levels of human society (haqq al nasi), to equal opportunities in accessing ownership of the means of economic production (haqq al mal), to political freedom for self-determination both within and among nations (haqq al hurriyah), to human dignity (haqq al karama, including freedom of religion and gender equity), and to education, knowledge, and freedom of expression (haqq al ilm)."

Regarding separation of Church and State, according to Imam Feisal Abdul Rauf, author of Islam, a Sacred Law, Islamic jurists recognized this concept centuries before the Europeans, and divided the body of Shariah rules into two categories: religious observances and worldly matters. The first they observed to be beyond the scope of modification. The second, subject to interpretation, cover the following:

1. Criminal Law: This includes crimes such as murder, larceny, fornication, drinking alcohol, libel.

2. Family Law: This . . . covers marriage, divorce, alimony, child custody, inheritance.

3. Transactions: This covers property rights, contracts, rules of sale, hire, gift, loans and debts, deposits, partnerships, and damages.

"One of the most sensible definitions of the purposes of the Shariah," according to Imam Feisal, was given by Ibn al-Qayyim al-Jawziyyah who said:

"The foundation of the Shariah is wisdom and the safeguarding of people's interests in this world and the next. In its entirety it is justice, mercy and wisdom. Every rule which transcends justice to tyranny, mercy to its opposite, the good to the evil, and wisdom to triviality does not belong to the Shariah . . ."

According to Imam Feisal the sources of Shariah are, in order:

1. The Quran - God's Word revealed to Prophet Muhammad.

2. The Sunnah - practice and teachings of the Prophet.

3. Ijma - consensus of those in authority.

4. Qiyas - reason, logic, and opinion based upon analogy.

Imam Feisal describes seven other methods for deriving Islamic laws. These seven, plus ijma and qiyas, are collectively known as ijtihad or interpretation, and/or opinion based upon reason and logic.

Several schools of Shariah have evolved: Shafii, Hanbali, Hanafi, Maliki - the orthodox schools, and Jafari - the Shiite school. The Zaydis and Ibadis also have their own schools.

"Classical international law, reputedly invented by the Spaniards Vittorio and Suarez, borrowed the concept of inalienable human rights from Islamic law," according to Dr. Crane.

If it's wisely implemented, shariah may better nurture and protect society than does Western law which is subject to the whims of lawmakers.

Enver Masud
Founder and CEO
The Wisdom Fund

Friday, November 11, 2011

Fact Check: IAEA report on Iran's nuclear program

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) "aims to prevent the spread of nuclear weapons to additional states while ensuring fair access to peaceful nuclear technology under international safeguards (audits and inspections).

"There are two categories of parties to the treaty -- nuclear weapon states (NWS) and non-nuclear weapon states (NNWS). Under the treaty, NWS are defined as the five states that exploded a nuclear device before January 1, 1967 (United States, Soviet Union [now Russia], United Kingdom, France, and China)." Iran is a non-nuclear weapon state.

The following examines the November, 8, 2011, IAEA report, "Implementation of the NPT Safeguards Agreement and relevant provisions of Security Council resolutions in the Islamic Republic of Iran," with respect to specific provisions of the NPT. . . .