Blindspot!
Passion of the Masses
On the question of hudud,
one sometimes sees popular support hoping or exacting a literal and
immediate application because the latter would guarantee henceforth
the “Islamic” character of a society. In fact, it is not rare to hear
Muslim women and men (educated or not, and more often of modest means)
calling for a formal and strict application of the penal code (in
their mind, the sharia) of which they themselves will often be the
first victims. When one studies this phenomenon, two types of
reasoning generally motivate these claims:
1. The literal and immediate application of the hudud
legally and socially provides a visible reference to Islam. The
legislation, by its harshness, gives the feeling of conformity to the
Quranic injunctions that demands rigorous respect of the text. At the
popular level, one can infer in the African, Arabic, Asian as well as
Western countries, that the very nature of this harshness and
inflexibility of the application, gives an Islamic dimension to the
popular psyche.
2. The opposition and condemnations by the West supplies,
paradoxically, the popular feeling of faithfulness to the Islamic
teachings; a reasoning that is antithetical, simple and simplistic.
The intense opposition of the West is sufficient proof of the
authentic Islamic character of the literal application of hudud.
Some will persuade themselves by asserting that the West has long
since lost its moral references and became so permissive that the
harshness of the Islamic penal code which punishes behaviours judged
immoral, is by antithesis, the true and only alternative “to Western
decadence”.
These formalistic and binary reasoning are fundamentally
dangerous for they claim and grant an Islamic quality to a
legislation, not in what it promotes, protects and applies justice to,
but more so because it sanctions harsh and visible punishment to
certain behaviors and in stark contrast and opposition to the Western
laws, which are perceived as morally permissive and without a
reference to religion. One sees today that communities or
Muslim people satisfy themselves with this type of legitimacy to back a
government or a party that calls for an application of the sharia
narrowly understood as a literal and immediate application of corporal
punishment, stoning and the death penalty. When this type of popular
passion takes hold, it is the first sign of a will to respond to
various forms of frustration and humiliation by asserting an identity
that perceives itself as Islamic (and anti-Western). Such an identity
is not based on the comprehension of the objectives of the Islamic
teachings (al maqasid) or the different interpretations and conditions relating to the application of the hudud.
Faced with this passion, many ulama remain cautious for
the fear of losing their credibility with the masses. One can observe a
psychological pressure exercised by this popular sentiment towards
the judicial process of the ulama, which normally should be
independent so as to educate the population and propose alternatives.
Today, an inverse phenomenon is revealing itself. The majority of the ulama
are afraid to confront these popular and simplistic claims which lack
knowledge, are passionate and binary, for fear of losing their status
and being defined as having compromised too much, not been strict
enough, too westernized or not Islamic enough. The ulama,
who should be the guarantors of a deep reading of the texts, the
guardians of faithfulness to the objectives of justice and equality and
of the critical analysis of conditions and social contexts, find
themselves having to accept either a formalistic application (an
immediate non-contextualized application), or a binary reasoning (less
West is more Islam), or hide behind “almost never applicable”
pronouncements which protects them but which does not provide real
solutions to the daily injustices experienced by women and the poor.
Compiled From:
"An International call for Moratorium on corporal punishment, stoning and the death penalty in the Islamic World" - Tariq Ramadan |
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