Lo! Allah enjoineth justice and kindness, and giving to kinsfolk, and forbiddeth lewdness and abomination and wickedness. He exhorteth you in order that ye may take heed.

Wednesday, April 13, 2011

The spirit is more important than the letter of the law.

What is more important than the law is the spirit of the law. The spirit of Islamic law is in the establishment of justice, equality and in the protection of the dignity of it's people. The problem is Muslims always think in terms of laws and legalities of things and not what should be the pre requisite of the law. By the way, sadly not many Muslim nations have even developed a sound legal code system.

When I see the Prophet (pbuh) I see a man bestowed with a lot of mercy and kindness. A man of honor, dignity, truthfulness and sincerity. The message of his work was to liberate mankind from the petty entanglements engrossing it, towards a life dedicated to the quest of the biggest truth of all and attaining the highest level achievable. His message was not one of brutal force, to curb the idea alien to his own but to reason with it using the faculty most developed in man which is the ability to think and reason.

I most certainly don't see him, if any thing, kill any one who dared to oppose, ridicule or mock him (pbuh). For his intention was not to establish the superiority of his personality but of his message and in turn direct mankind to eventual liberation.

To explain with one simple example which I hope may put forth my point of view. Primarily Islam should establish morality and then establish the law to protect it. Very sadly it's the other way round in most Islamic countries. They believe, to curb adultery, the physical commitment of which is the farthest one can go against morality, the most stringent of laws should be established. Far from it. It is with reasoning and understanding that the idea of morality should first be established, then the avenues created to make it possible and then finally call to law those who go against it. And the hudood, most certainly should be the last step reserved for those who go to the extreme to denigrate this spirit.

The same applies to blasphemy. I believe, the primary responsibility is upon the Muslims to establish the superiority of the esteemed character of our beloved prophet (saws) in spirit and practice. I don't see that happening at all. The biggest blasphemy is in not respecting his message and practicing upon it after having affirmed faith in his messenger hood. Bigotry, lies, corruption, deceit and oppression all form character of those who claim to protect his honor (pbuh). They are the ones truly blaspheming against the prophet (pbuh).

Look at Pakistan, and you will know what I mean. How then can you in these circumstances talk about awarding capital punishment under the pretext of blasphemy law in a nation beset with chaos and lawlessness. That is getting the scheme of things in the wrong order of priority. What will happen will only be oppression of innocent souls and the mis use of law to attain vested interests. By the way this applies not just to the blasphemy law but the over all legal system of the country. Stretch the issue and what happens in most Islamic countries is kind of similar.

I have a very guarded view when it comes to capital punishment and I have many sane voices to support my opinion. Plus I believe there must be a rigorous academic debate on the reality of capital punishment for blasphemy. For those who swear by the sunnah of Prophet Muhammad (pbuh), remember how he treated the dis believers who heaped trash upon him and laid thorns on his path. Did he not forgive them? For he wanted them to worship Allah too, not die as kafiroon.

And let us allow the voice of dissent. How otherwise can we reform ourselves? Critical examination of blasphemy law or Islamic law cannot be blasphemy. I hope we are not believers because our moms forced us to believe. We have all questioned the existence of Allah before we became believers ourselves, have we not? We have all studied our great Prophet to attest to his messengerhood (pbuh). If only they had killed us for that?

0 comments:

There was an error in this gadget