Oleh/By : DATO' SERI DR. MAHATHIR BIN MOHAMAD
Tempat/Venue : IKIM, KUALA LUMPUR
Tarikh/Date : 23/07/96
Tajuk/Title : THE INTERNATIONAL SEMINAR ON THE
ADMINISTRATION OF ISLAMIC LAWS
1. I would like to thank the Institute of Islamic
Understanding for the honour to address this
International Seminar on a subject of utmost
importance to the Muslim ummah and the stability and
development of Muslim countries. No society can
prosper or even exist without some capability to
administer justice. The greater the sophistication
in the administration of justice, the greater will
be the level of development possible. It is
therefore in the interest of Muslim countries to
take this matter seriously. When Islam brought
ideas of justice and its application to the Jahiliah
community, they became united and they prospered.
When later Islamic laws and justice became
distorted, Islamic civilisation regressed.
2. Before I go on, let me quote to you several
verses from the Quran so that in our discourse we
may be guided by them. These verses are from many
which consistently carry the same spirit of Islamic
justice. I have chosen them simply because they are
typical and they reflect the ideals which permeate
the concept of justice in Islam and its application.
3. Of necessity I have to give the English
translation by Yusof Ali: The Arabic text and Malay
translations are available for anyone to check
against Yusof Ali's translation.
Surah Al-Mulk, Verse 12
"As for those who fear their Lord unseen, for them
is forgiveness and a great reward."
Surah An-Nisaa, Verse 58
"Allah doth command you to render back to your
Trusts to those to whom they are due; And when ye
judge between man and man, that ye judge with
justice..."
Surah An-Nisaa, Verse 92
"Never should a believer kill a believer; but (if it
so happens) by mistake, (compensation is due): If
one so kills a believer, it is ordained that he
should free a believing slave, and pay compensation
to the deceased's family, unless they remit it
freely. If the deceased belong to a people at war
with you, and he was a believer, the freeing of a
believing slave (is enough). If he belonged to a
people with whom you have treaty of Mutual Alliance,
compensation should be paid to his family, and a
believing slave be freed. For those who find this
beyond their means, a fast for two months running:
by way of repentance to Allah, for Allah has all
knowledge and all wisdom."
Surah Al Maa-idah, Verse 42
"(For those who are fond of) listening to falsehood,
of devouring anything forbidden. If they do come to
thee, either judge between them, or decline to
interfere. If thou decline, they cannot hurt thee
in the least. If thou judge, judge in equity
between them. For Allah loveth those who judge in
equity."
Surah Al-Israa, Verse 33
"Nor take life - which Allah has made sacred -
except for just cause. And if anyone is slain
wrongfully, we have given his heir authority (to
demand qisas or to forgive) but let him not exceed
bounds in the matter of taking life, for he is
helped (by the Law)."
Surah Al-Baqarah, Verse 272
"It is not required of thee (O.Messenger) to set
them on the right-path, but Allah sets on the right
path whom He pleaseth. Whatever of good ye give
benefits your own souls, and ye shall only do so
seeking the `face' of Allah. What ever good ye give
shall be rendered back to you, and ye shall not be
dealt with unjustly."
4. I would like to add here one particular verse
which influences the interpretation of the verses of
the Quran and that is Surah Ali Imran, Verse 7 which
clarifies "It is He (Allah) who has sent down to you
(Muhammad) the book (Quran). In it are verses that
are entirely clear, and others not entirely clear".
5. Obviously the Muslim ummah are expected to
apply the unclear verses to different situation
using the faculty of thinking which Allah has
endowed on Man and Man only. On the question of
justice and what constitute justice the ummah has to
think and think carefully.
6. I think we all subscribe to the view that the
source of our Islamic faith and therefore our laws
is the Al-Quran and the Hadith. I have to reiterate
this because there are some who declare that some of
the verses in the Quran, particularly the Meccan
verses, have been revoked and have been superseded
by Hadiths.
7. The Quran we believe has never been altered.
On the other hand, Bukhori when examining reputedly
600,000 Hadiths, rejected most of them and accepted
only about 7,000 as `sahih'. Muslim, Tarmizi and
others also rejected most of the Hadiths they
examined. Those they accepted sometimes differed
from those verified by Bukhori, Muslim's teacher.
The number that each of these scholars of the Hadith
verified is often less than that of Bukhori. We can
conclude that even these scholars and acknowledged
ulamas disagree over the verification of many of the
Hadiths current during their lifetime. Obviously
there were many false Hadiths. This is a fact or
why should they reject so very many of these so-
called Hadiths.
8. We are inclined to accept the verification of
these ulamas but it must be remembered that although
they are very knowledgeable and learned in Islam,
they are not prophets. They are ordinary human
beings with all the strengths and weaknesses of
humans. While they may be largely right and correct
in their findings on the Hadiths, they may also be
wrong. It may well be that they accepted some false
Hadiths and they rejected some genuine ones. It is
said that the ulamas' are the `warith' of the
Prophet. If so, can we accept just anyone who
declares himself to be an ulama, as the `warith' of
the Prophet, whose pronouncements are infallible?
Can we accept political ulamas with definite worldly
agenda as infallible? And in history there had been
many political ulamas who justified everything that
their political masters did.
9. It is difficult to believe that Hadith can be
so strong that when they contradict the Quran, we
should accept the Hadith rather than the Quran.
10. But what about Islamic laws? Although in some
instances the Quran mentions crimes, laws and
punishment specifically, in most cases Islamic laws
are the results of the interpretations of the Quran
and Hadith by generations of Muslim jurists of both
the specific as well as the general misdeeds and
sins narrated in the Quran.
11. If Bukhori, Muslim and Tarmizi were mere humans
and may be wrong, the chances of many Muslim jurists
of the past being wrong are even greater. Most of
them interpret in the context of their period which
vary from the glorious days of the Muslim Empire to
the years of decline. These jurists work under or
during different Governments of different periods,
countries and systems. Some may have been under
pressure of the rulers of their times to justify
royal deeds or proclivities. How else can they rule
that it was permitted for the Sultan of Turkey to
keep a harem of 300 concubines, or the murder of all
the new Sultan's brothers upon his accession to the
Othmaniah throne, or their virtual imprisonment in
order to prevent any challenge to the Sultan's
position?
12. Surely if we cannot accept all the Hadiths
without verification, we cannot accept all the laws
formulated by all Muslim jurists as inviolable, as
the words of Allah almost. These laws are the work
of ordinary humans with their fears and prejudices,
influenced by the cultures and practices of the
time.
13. We are always told that when we are lost in
matters of religion we must return to the Quran. No
true Muslim can do otherwise. If we don't return to
that source, then we are going to be confused by the
plethora of pronouncements and interpretations made
by a host of ulamas, some of whom may be truly
learned but certainly many may be charlatans.
Indeed we see in our times the practice of
politicians making interpretations and casually
declaring other Muslims as infidels and non-
believers simply because these people do not support
their political parties or accept their politically
motivated interpretations of Islam.
14. In the time of the Prophet Muhammad s.a.w.,
there was only one Islam. There were no Ahlil
Sunnah Wal Jamaah or Syiah. There were no sects
according to the various imams, Shafie, Hanafi,
Hambali and Maliki as there are now among the
Sunnis, and the various sects among the Syiah.
There was only one Muslim ummah believing in one
Muslim religion.
15. Islam under the guidance of the Prophet
succeeded in uniting all the Arab tribes into one
Muslim ummah. And as one Muslim ummah they
succeeded in spreading Islam and in taking the whole
of the Arabian Peninsular including Mekah.
16. Under Abu Bakar, Omar and Uthman there remained
only one Muslim Ummah. But when Saidina Ali
Radhiallah hu'anhu became the Khalifah, his
authority was disputed and the Muslim split up into
two. And this split resulted in two different
interpretations of the beliefs and practice of Islam
which have persisted to this day.
17. If there had been one Islam only during the
time of the Prophet and now there are two, then it
cannot be that both are absolutely right and in
accord with the true teachings. Only one can be
right and one wrong. Or it can be that both are
wrong. But most probably both are right most of the
time but both are wrong in some areas of beliefs and
practices.
18. Here is all the more reason why we should
return to the Al-Quran for guidance. Certainly in
matters regarding Islamic laws and their
application, we should at least check with the Quran
as to whether the laws as interpreted and applied by
the Muslim jurists through the centuries are in fact
in accord with the teachings of the Al-Quran and the
sahih Hadith.
19. Already I can feel that many here and elsewhere
are concluding that this is heresy. But is it
heretical to question the interpretation of the
Islamic jurists? Are they prophets that we cannot
question them even? Are they more correct than the
Quran and the genuine Hadiths? We should not rush
to condemn anyone who questions the correctness of
the interpretation by the jurist as an apostate,
unIslamic and a heretic.
20. Even a casual scrutiny of some of the Muslim
laws in the present form would show that they do not
seem to reflect the spirit of Islam. In the verses
that I have quoted and in many others found in the
different surah of the Quran the most important
aspect of Islamic justice is equity and forgiveness.
Simply stated the judgement must be equitable i.e.
equal between the crime and the punishment, equal
between the individuals concerned, equal between
ranks or positions; accepting differences in
punishment only because of circumstances surrounding
the crime. Beyond that the Quran enjoined
forgiveness, mercy refraining from taking life which
Islam regards as sacred.
21. These aspects of equity are contained in Verse
58 Surah An-Nisaa "And when you judge between man
and man, you judge with justice" in Verse 42, Surah
Al Maa-idah "If thou judge, judge in equity between
them". Clearly equity equals justice. When we talk
of `Man and Man' we mean humans, whether they be
women or men. Judging between man and man does not
mean excluding judging between man and woman or
woman woman. They are all man in the sense of being
members of the human race.
22. In Surah An-Nisaa, Verse 135 Allah enjoins, "Oh
ye who believe! Stand out firmly for justice, as
witnesses to Allah, even as against yourself, or
your parents, or your kins, and whether it be
(against) rich or poor, for Allah can best protect
both. Follow not the lusts (of your hearts) lest ye
swerve, and if ye distort (justice) or decline to do
justice, verily Allah is well acquainted with all
that you do."
23. Here Islam enjoins us not to discriminate when
dispensing justice. Again in Surah Al Maa-idah,
Verse 8, Muslims are enjoined to "stand out firmly
for Allah, as witness to fair dealings, and let not
the hatred of others to you to make you swerve to
wrong and depart from justice. Be just, for that is
next to piety:" It is clear that even those who
hate you (your enemies) you may not depart from
justice. And certainly there is no distinction made
as to gender in the dispensing of justice.
24. "An eye for an eye". This has long been
equated with Muslim justice. Clearly this is meant
to indicate equity in punishment. But should it be
taken literally or should it be taken
metaphorically? Equity, yes, but does equity mean
exact identity between crime and punishment?
25. In Surah An-Nisaa Verse 92 it is stated that
"Never should a believer kill a believer, but (if it
so happens) by mistake, .... it is ordained that he
should free a believing slave and pay compensation
to the deceased family, unless they remit it freely.
If the deceased belong to a people at war with you,
and he is a believer, the freeing of a believing
slave(is enough). If he belonged to a people with
whom you have treaty of mutual alliance,
compensation should be paid to his family, and a
believing slave freed. For those who find this
beyond their means (is prescribed) a fast for two
months running: by way of repentance to Allah, for
Allah has all knowledge and all wisdom."
26. This particular verse explains a lot about the
Islamic concept of justice. An `eye for an eye' may
be equitable but the killing of a believer need not
be punished by death for the killer under certain
circumstances (as by mistake, or in war, or when
there is a treaty of alliance). It is sufficient to
free a believing slave, and/or to compensate the
family, or when these are beyond the means, to fast
for two months running.
27. The circumstances of the crime are taken into
consideration. Thus mistakes, being enemies or
being allied, influence the kind of punishment to be
meted out. More than that the life of an enemy who
is a believer is as sacred as that of other
believers. Thus the punishment is the same - the
freeing of a believing slave.
28. Life is precious as clearly indicated in Surah
Al-Israa, verse 33 "Nor take life - which Allah has
made sacred .... let him not exceed the bounds in
the matter of taking life".
29. Clearly wars and the killings of Muslims by
Muslims are not encouraged or are proscribed. Yet
today Muslims go to war with each other or
assassinate their Muslim enemies more frequently and
with greater abandon than they do non-Muslims. We
do not see anyone compensating in any way or
fasting, since slaves are no longer available for
freeing.
30. But forgiveness is encouraged if not
specifically enjoined. Indeed in many verses
forgiveness is stressed. Thus in this verse
punishment may not be required if the family chose
to remit freely. And in Surah Al-Mulk verse 12,
Allah stated, "As for those who fear their Lord
unseen, for them is forgiveness and a great reward."
31. The element of forgiveness and mercy is strong
in Islam. Yet today in the formulation and
enforcement of Muslim laws, the tendency is to be as
harsh as possible. Mitigating circumstances are not
often recognised and certainly the stress is on `an
eye for an eye'.
32. Thus when a woman kills in defence of her
honour, the preferred punishment is death. That the
woman concerned is a believer is ignored. The right
of the family to forgive is also not respected. And
in current Muslim laws as enforced in many Muslim
countries the element of forgiveness is not
reflected. Even when Allah Subhanahu wa Ta'ala can
forgive, Muslim jurists will not do so.
33. Muslim laws have not been properly codified.
The application of Muslim laws in many countries is
casual and haphazard. The Quran and the verified
Hadith do not deal with every crime. Indeed the
nature of crimes at the time of the Prophet was far
different from the crimes which plagued Muslim
societies through the ages. Certainly in modern
times new crimes are being committed which are not
specifically mentioned in the Quran or the Hadiths.
Commercial crimes, drug-related crimes, distribution
and abuses, misrepresentations in the print and
electronic media and numerous sophisticated ways of
abuse of authority, cheating etc. are not
specifically mentioned in the Quran or Hadith.
34. Laws could therefore be made to govern these so-
called new crimes. The most important thing about
such laws is that they are at least in conformity
with the spirit and the values which permeate the
administration of Islamic justice as in the cases
illustrated in the Quran.
35. How the laws are formulated or codified and
enforced is not as important as their conformity
with the spirit and the injunctions as clearly
illustrated in the various specific instances given
in the Quran and those Hadiths which reflect the
teachings in the Quran.
36. Thus a law cannot be regarded as Islamic only
if it is formulated as Syariah laws. Other laws can
also be Islamic if they do not transgress the
principles and the spirit of the laws specifically
mentioned in the Quran.
37. As we all know the Quran, like the other
`Kitabs' of the peoples of the Book, teach through
parables. They are anecdotal and serve as examples.
It is left to the Muslims to structure their lives
and their society and societal rules, regulations
and laws to be reflective of the interpretation of
these parables. Circumstances may change but the
parables and the other examples can generally be
related to the particular episode or instance in any
age.
38. As has been pointed out through the ages,
Muslim jurists have interpreted the Quran and the
Hadith and indicated or suggested the way Islamic
laws should be formulated and applied. Naturally
these Muslim jurists were influenced by the stage
and the circumstances in the evolution of Muslim
society. There were periods of glory when Muslims
ruled vast continents, made up the majority of the
inhabitants or by their conquests, their prowess and
superior knowledge and skills dominated societies in
which they formed a privileged minority. Under such
circumstances the Muslims were in a position to
impose whatever it was that they considered to be
laws in accordance with Islam. The non-Muslims in
these countries had no choice but to submit. Thus
if they had to pay a head tax where the Muslims paid
zakat, they accepted this imposition. Similarly if
they were not required to do military duty they
submitted. On the other hand at a different period
the sons of non-Muslims were inducted into the army
at a young age. The non-Muslims accepted this too.
39. But those days of glory and power are over.
Today even in countries where Muslims form a
majority or make up the entire population they
cannot ignore opinions, pressures and powers outside
their countries. The mores of the times are such
that many practices which were once regarded as
normal or morally and ethically correct are now
totally rejected and condemned. Thus slavery is
universally abhorred. Even in their own countries
Muslims cannot keep slaves. This poses the question
as to how they are supposed to atone for killing a
fellow Muslim by releasing a believing slave. But
it must always be remembered that Allah Subhanahu wa
Ta'ala has already provided alternatives. When you
do not have slaves you can always fast.
40. Then there are countries where Muslims have
lost control over the Government or where they have
migrated to and form a minority. The Muslim laws as
formulated by past Muslim jurists simply cannot be
enforced by them. They have instead to submit to
the laws of the country which are not at all of
Islamic origin and may in fact be against the
teachings of Islam.
41. But if the basis of Muslim laws and their
administration is the Quran, there can be no real
difficulty. The Quran allows for alternatives.
Thus if a Muslim cannot release a believing slave,
he can always fast for a prescribed period. He can
always pay compensation in other forms. The law can
always punish by other means, by specific fines or
jail term. Nowhere in the Quran or the verified
Hadith are alternatives absolutely forbidden.
42. When a Muslim lives as a minority in a foreign
country, then he may not enforce Quranic laws or
those formulated by Muslim jurists elsewhere or in
the past. In all things the Quran is flexible.
Circumstances have to be taken into account. Thus
if one cannot pray in the normal prescribed manner
one can always do away with the prescribed rituals.
If one is not able to fast for certain acceptable
reasons one need not to. One is urged to use the
power of persuasion (preaching) if one cannot employ
force.
43. Throughout the Quran and most of the verified
Hadith flexibility is evident. The religion of
Islam is not an imposition on its followers. It is
not to be a burden on them, to force them to do what
they manifestly cannot do. Yet Muslims do things
they can avoid; killing other Muslims for example,
but fail to do what they can do, like forgiveness.
44. But Muslim jurists of the past tended to give
rigid interpretations of the Quran and formulated
rather harsh laws which seldom take into
consideration the circumstances of the crime, the
criminal or the ability to enforce. Some of these
laws are most probably wrong in terms of the
principle of Islamic justice. Thus a Muslim family
living in a foreign land killed a daughter because
she had apparently committed adultery with a non-
Muslim, thinking and believing that it was their
Islamic duty. As far as the local authorities were
concerned murder was committed. It is even
disputable that the killing of a daughter for such a
sin, without any trial by a qualified judge, is in
accord with Muslim law or Islamic justice. It is
probably more old Arab culture than Islamic
injunction. But the family believed that what they
did was to carry out the teachings of Islam. No
forgiveness, no mercy, no consideration for the
circumstance prevailing in a foreign country with a
culture totally different from Islamic culture. To
them rigidity indicates submission and piety in
Islam. Nothing else mattered. More likely they
were responding to the Jahiliah concept of family
honour and shame.
45. There is a tendency to insist that the concept
of justice in Islam is different from justice as
perceived by non-Muslims, in particular the dominant
Europeans. Certainly in modern times especially,
the concept of justice in the West tends to differ
very much from that of universal justice and that of
Islam. Thus in the past adultery was considered a
crime in Western society. Today it is acceptable
and widely practised and no one is punished by the
state for committing adultery. The most that can
happen is a divorce. But Islam still perceives
adultery as a sin and a crime. Society will punish
and not just the couple concerned.
46. In the past the universal punishment for murder
was death for the murderer. Today in the West the
death penalty is considered as inhuman. In Muslim
society murder is still punishable by the death
penalty, a sort of `an eye for an eye' principle in
terms of punishment.
47. But apart from these differences in the
principle of what constitutes justice, the ideas of
right and wrong and punishment for crimes in Islam
differ very little from those of other faiths and
societies. If it is evidently unjust, it is
considered as unjust by Muslims as it is by non-
Muslims. To aver that although it may seem unjust
in the eyes of non-Muslims, that it is still just
because Islam is different, is to make a mockery of
justice. For Islam is an eminently just religion
and justice is so frequently stressed in the Quran
that it is impossible to think that any gross
injustice would be permitted by Islam.
48. Thus in Malaysia where there are Muslims and
non-Muslims the idea of applying certain
questionable interpretations of Huddud Laws would be
repugnant for the obvious injustice that it would
cause. Merely because such laws can result in
injustice is sufficient for concluding that these
interpretation of Huddud is wrong. To insist that
the laws formulated by the Muslim jurists are more
important than the upholding of justice as enjoined
by the Quran seems to be totally against all the
principles of faith in Islam. Fanaticism and a
`holier than thou' attitude is not faith. They are
a manifestation of `nafsu' or lust, of giving in to
base instincts.
49. In the case of Huddud laws as proposed by
certain parties, the Muslims of Malaysia would be
punished more harshly than non-Muslims, resulting in
inequity, which is against the Islamic principle of
equity in justice. Thus if these laws are applied a
gang of Muslim and non-Muslim thieves stealing at
the same time will result in the Muslim having their
hands amputated while the non-Muslim fellow
criminals would probably serve a short jail
sentence. By no stretch of imagination can this be
considered as equity or justice. Indeed it would
amount to gross injustice, and therefore un-Islamic.
50. A woman who has been raped and is unable to
produce four witnesses for it would not be able to
have the rapist punished even if she knows who he
is. On the other hand if she were to give birth to
a child as a result, she would be guilty of `zinnah'
and could be punished by stoning to death. By no
stretch of imagination can this be considered as
justice.
51. In these two examples and in many others,
Muslim jurists insist that justice is done and that
Muslim must accept this verdict of the jurists.
They insist that Muslim perception of justice is
different from those of others. Even if it is
manifestly unjust, it is just because it is Islamic.
And Muslim must not question. They ignore that while
Muslims may not question the Quran or the true
Hadith, nowhere are Muslim forbidden from
questioning the pronouncement of Muslim jurists who
are as human as other Muslims.
52. What is said to be Islamic justice is nothing
more than what some Muslim jurists in the past
interpret as justice. The Quran does not
specifically prescribe this in all and every
situation. Certainly not in a multi-racial and
multi-religious situation. If the punishment for
the Jews of Madinah was harsh, e.g. stoning for
adultery, it was because that was the punishment
prescribed by the Hebrew religion.
53. What the Quran and the verified Hadith
emphasise is justice. Islam lays a premium on
justice and abhors injustice and inequity. What
needs to be upheld in Islam is justice and justice
all the time. If a particular punishment is clearly
unjust, it is wrong to say that although it may
appear unjust, but actually it is just in the eyes
of Islam. Therefore it must not be questioned by
Muslims. To question it, is to display a lack of
faith, and to be un-Islamic to the point of becoming
an apostate or a heretic. Muslims are expected to
condemn those Muslims who do not accept
unquestioningly these perception of justice as
interpreted by Muslim jurists. They, the jurists,
have been elevated to infallible people, with the
same status as the prophet. Even when they go
against the Quran and the verified Hadiths, their
interpretation and pronouncements must be accepted
and the Quran and Hadith rejected. The result is an
image of Islam so intolerant, extreme and unjust
that it is almost certain that if the prophet were
to preach such an Islam there would not have been
any converts at all and that Islam would not spread.
It was the gentleness, fairness and justice of Islam
that contrasted so much with the injustice of the
Jahiliah community which attracted followers in
Mecca and Madinah. While the Jahiliah approved of
female infanticide and unlimited wives and
cohabitation with female slaves, Islam forbade
infanticide and limited the number of wives to four.
It is not surprising that many in Mecca and Medinah
foresook idol-worshipping in order to accept Islam.
But today it would be hard to convince non-Muslims
to accept Islam if the kind of justice as proposed
under the so-called Huddud Laws are in fact applied.
54. Islamic Laws must above all be clearly
equitable and just. Fanatical adherence to the
formulations of laws by Muslim jurists of the past
is only justified if the end result is justice, not
hidden justice but clear and unequivocal justice.
If these laws result in obvious injustice then they
must be reviewed. The reviewers must go back to the
Quran and the verified Hadith. All the flexibility
inferred by the Quran must be exploited,
particularly in the quest for justice. For justice
is the basis for Islam and all its teachings.
55. If we accept that in Islam justice is of
paramount importance, then the next thing that
Muslims must consider is due process. The processes
of the law are not rigid in Islam. Indications as
to the manner of its administration are given in
`unclear' ways both in the Quran and the Hadith.
Very often the prophet himself was the judge. But
there is nothing in the Quran or the Hadith to
forbid standardisation of the procedures for the
better administration of justice.
56. In certain Muslim countries the administration
of the law can only be described as casual and
haphazard. In one case a magistrate found a
foreigner guilty when his car was knocked from
behind by a car driven by a national of that
country, because, so declared the magistrate, the
accident would not have occurred if the foreigner
had not been in the country. Many foreign drivers
involved in accidents in certain Muslim countries
found themselves thrown into the police lock-up
irrespective of the causes of the accident. If they
did not know someone with influence they are likely
to languish there for quite sometime.
57. Procedures for trials are not clear. In some
cases the magistrate listens to the police officer
about the crime and then asked the accused to
explain. Based on the words of the two and
sometimes after reference to unspecified religious
books, the verdict and the sentence is pronounced.
The procedures in other courts may be completely
different. No specific laws are quoted although
some vague reference to the Quran or the Hadith may
be made.
58. In Malaysia procedures in a syariah court are
fairly well standardised. Elements of the practices
in other courts have been incorporated in those of
the syariah courts. Lawyers are given a role to
argue for the defendant. Usually the officers of
the courts are qualified. Verdicts and sentences
are usually fairly uniform except when different
states have different ideas about what constitutes
Islamic justice. A substantial portion of the
syariah laws have been codified.
59. If Islamic laws are to be implemented, the
interpretation of justice and punishment, and
formulation of procedures must be examined
carefully. It is important to go back to the Quran
and the verified Hadiths. It is important to note
that Islam accepts circumstances as influencing the
implementation of the laws and of justice. The
changes in modern times which have resulted in newer
perceptions of what constitute justice in new crimes
and new social problems cannot be ignored. It is
clear that the administration of justice during the
time of the Prophet was in accord with the mores of
the time. The administration in the age of
information, computers and the science of evidence
cannot be the same. We and our judges are not
prophets but we can always refer to the Quran and
the verified Hadiths and then use our faculty for
thinking.
60. The Quran is specific on some matters but many
of the ayats or verses are not specific. The Quran
states this very clearly in Surah Ali Imran as
quoted before. If something is not specifically
forbidden then it can be allowed as long as it is
still in conformity with the Quran. Modern Muslims
must be prepared to interpret again the Quran and
the Hadith even as the old jurists were in fact
prepared to interpret and to make pronouncements on
their own. Their interpretations cannot be taken as
infallible and final. Only when Islam is
interpreted so as to be relevant in a world which is
so different from what it was 1400 years ago can
Islam be regarded as a religion for all ages. If we
say that only by returning to the conditions
prevailing 1400 years ago can we practise Islam then
we are saying that Islam is not for all times. But
we know that Islam is for all ages. As it is for
all ages, then it must be practised in the context
of these ages. And Islam in this modern age must be
relevant to this age.
61. The administration of Islamic law is a serious
matter. The people who are entrusted to interpret
Islamic laws must not act alone without
consultation. While those who know Arabic and have
studied extensively the Quran, the Hadith and other
kitabs may know all about what are in these books,
their knowledge of the social and scientific facts
may be deficient. It is necessary that people who
are `alim' in non-religious subjects be consulted as
well. Certainly on matters of procedure, legally
qualified people should be brought in. Only when
all the various experts are found and consulted, can
Islamic law be administered in order to ensure
justice. Even then it is important to remember that
as mere humans they may be still wrong. But like
the Muslim jurists of old they are striving,
honestly, to follow the teachings of Islam. Future
Muslim jurists may still find them erroneous and
change the interpretations of those which are not
pure articles of faith, with which we may not
question. We believe in Allah and Muhammad as his
Messenger. La Illah ha Illallah, Muhammadu
Rasulullah.
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