This prospect is based on the fact that when Islamic Fiqh was compiled, the world of Islam was the super power of that era, and was either ruled by a universal Caliph or by the all powerful sultans who too, at least, on ideological plane, were not challenging the Caliph's authority .So these sultans and satraps also were paying their obeisance, though only in name, to him. In that atmosphere the political principles , developed by Muslim Jurists and also writings that appeared on Muslim political ideas , mostly, were based on theoretical rhetoric, and therefore it is but natural now, that they seem to lack the dynamism and vibrancy to respond properly to new issues and challenges, posed by the modern age. For instance majority opinion of classical Fiqh in relation to the question that if a non-Muslim state doesn't wage an aggression against an Islamic state, yet the latter's relations with it will be based on permanent hostility and a condition of peace with it could only be endured, on the discretion of the government.
As a matter of fact this policy is no longer relevant, simply because this majority opinion that re-conciliatory situation should be an exception and not a rule, is not practicable now, nay, it is ludicrous and not at all justifiable in the changed world scenario. And this is where Orientalists rightly accuse Islamic Fiqh of lacking the modesty model; meaning, that whenever Muslims are in a ruling position this Fiqh gives them a detailed guidance how they work and what their public conduct should be. But in the situations of modesty, e.g. when Muslims are in subjection, in minority, or not in equal position, it is unable to guide them, and hence Muslim minorities are feeling embarrassment in adjusting themselves to their respective countries. To my mind, same is the case in the given situations of today's India, wherein Muslims are not in a ruling position nor they compete others on an equal footing, yet at least constitutionally, they are not a second rate citizens either, and somehow they are sharing power .But no doubt they are in a minority position and are always worried about their minority character.
No comments:
Post a Comment