http://www.washingtonpost.com/wp-dyn/content/article/2006/05/22/AR2006052201152.html?sub=AR
Extremism Isn't Islamic Law
By Kyai Haji Abdurrahman Wahid
Tuesday, May 23, 2006; Page A17
For a few days this year the world's media focused an intense spotlight on the
drama of a modern-day inquisition. Abdul Rahman, a Muslim convert to
Christianity, narrowly escaped the death penalty for apostasy when the Afghan
government -- acting under enormous international pressure -- sidestepped the
issue by ruling that he was insane and unfit to stand trial. This
unsatisfactory ruling left unanswered a question of enormous significance: Does
Islam truly require the death penalty for apostasy, and, if not, why is there
so little freedom of religion in the so-called Muslim world?
The Koran and the sayings of the prophet Muhammad do not definitively address
this issue. In fact, during the early history of Islam, the Agreement of
Hudaibiyah between Muhammad and his rivals stipulated that any Muslim who
converted out of Islam would be allowed to depart freely to join the non-Muslim
community. Nevertheless, throughout much of Islamic history, Muslim governments
have embraced an interpretation of Islamic law that imposes the death penalty
for apostasy.
It is vital that we differentiate between the Koran, from which much of the raw
material for producing Islamic law is derived, and the law itself. While its
revelatory inspiration is divine, Islamic law is man-made and thus subject to
human interpretation and revision. For example, in the course of Islamic
history, non-Muslims have been allowed to enter Mecca and Medina. Since the
time of the caliphs, however, Islamic law has been interpreted to forbid
non-Muslims from entering these holy cities. The prohibition against
non-Muslims entering Mecca and Medina is thus politically motivated and has no
basis in the Koran or Islamic law.
In the case of Rahman, two key principles of Islamic jurisprudence come into
play. First, al-umuru bi maqashidiha ("Every problem [should be addressed] in
accordance with its purpose"). If a legal ordinance truly protects citizens,
then it is valid and may become law. From this perspective, Rahman did not
violate any law, Islamic or otherwise. Indeed, he should be protected under
Islamic law, rather than threatened with death or imprisonment. The second key
principle is al-hukm-u yadullu ma'a illatihi wujudan wa adaman ("The law is
formulated in accordance with circumstances"). Not only can Islamic law be
changed -- it must be changed due to the ever-shifting circumstances of human
life. Rather than take at face value assertions by extremists that their
interpretation of Islamic law is eternal and unchanging, Muslims and Westerners
must reject these false claims and join in the struggle to support a
pluralistic and tolerant understanding of Islam.
All of humanity, whether Muslim or non-Muslim, is threatened by the forces of
Islamist extremism. It is these extremists, masquerading as traditional
Muslims, who angrily call for the death of Abdul Rahman or the beheading of
Danish cartoonists. Their objective is raw political power and the eventual
radicalization of all 1.3 billion Muslims worldwide. Western involvement in
this "struggle for the soul of Islam" is a matter of self-preservation for the
West and is critical given the violent tactics and strength of radical elements
in Muslim societies worldwide.
Muslim theologians must revise their understanding of Islamic law, and
recognize that punishment for apostasy is merely the legacy of historical
circumstances and political calculations stretching back to the early days of
Islam. Such punishments run counter to the clear Koranic injunction "Let there
be no compulsion in religion" (2:256).
People of goodwill of every faith and nation must unite to ensure the triumph
of religious freedom and of the "right" understanding of Islam, to avert global
catastrophe and spare millions of others the fate of Sudan's great religious
and political leader, Mahmoud Muhammad Taha, who was executed on a false charge
of apostasy. The millions of victims of "jihadist" violence in Sudan -- whose
numbers continue to rise every day -- would have been spared if Taha's vision
of Islam had triumphed instead of that of the extremists.
The greatest challenge facing the contemporary Muslim world is to bring our
limited, human understanding of Islamic law into harmony with its divine spirit
-- in order to reflect God's mercy and compassion, and to bring the blessings
of peace, justice and tolerance to a suffering world.
The writer is a former president of Indonesia. From 1984 to 1999 he directed
the Nadhlatul Ulama, the world's largest Muslim organization. He serves as
senior adviser and board member to LibForAll Foundation, an Indonesian- and
U.S.-based nonprofit that works to reduce religious extremism and terrorism.
[Non-text portions of this message have been removed]
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