If it has
been accepted that the Quran and Sunnah will be the supreme law of the
State and that all laws contrary to these will be obliterated, then the
question arises that which interpretation of the Quran and Sunnah should
be promulgated at the State level? Should Imam Abu Hanifa's interpretation
be considered the right one or Imam Malik's? Should the Fiqh-i-Jafriya
be enforced or the opinions of Imam Shaf`ee or Imam Ahmad bin Hambal be
considered applicable?
We all know
that the main sources of our religion are the Holy Quran and the Sunnah
of the Holy Prophet (sws). Imam Abu Hanifa, Imam Malik , Imam Ahmad Bin
Hambal and Imam Shaf`ee have, in fact, strived to interpret our religion
in the light of the two above mentioned sources. These people are among
the eminent scholars of our religion whose work on religious studies we
take pride in. These efforts are a great boon to our intellectual heritage
and are a source of guidance for us. Even then they are not the final verdict
in our religion. This position is only held by the Quran and Sunnah which
are present before us for interpretation, just as they were for our illustrious
predecessors.
Therefore,
in our view it is absolutely wrong that we should consider ourselves bound
by their findings and their ideas and opinions and close our eyes to the
original sources; the Quran and Sunnah. If there is any person who has
the ability and potential to interpret these two sources then he has all
the right to do so. But this does not give everyone the license to start
working on it irrespective of his capability and aptitude for it. Just
as we need highly educated legal experts to form the framework of the constitution
of a state and we need professionals in the various fields of our lives,
we also need competent scholars and experts to outline and explain the
priciples of our individual and collective lives as explained by the Quran
and Sunnah. If it has been agreed upon that all the laws in an Islamic
State are enacted in the light of the Holy Quran and Sunnah, then one of
the following two ways will necessarily have to be adopted:
1. All the
members of the Legislative should be proficient jurists.
2. A committee
or group of scholars be formed for the interpretation and explanation of
Islam, to which the members of the parliament can refer to for law making.
If we adopt
the first alternative, it would mean that only scholars and researchers
will be eligible to occupy a seat in the Assemblies. In our view, this
suggestion is unpractical for a number of reasons of which the most important
one is that neither scholarship and nor statesmanship is a part time job.
Both have their own demanding requirements and it would be next to impossible
for someone to do justice to both. This is tantamount to saying that every
member of the Assembly should also either be a scientist or an expert in
medicine. On the other hand, other option is not only practical but has
also been applied in present times. For example in the National and Provincial
Assembly whenever the technical aspect of an issue has to be probed, a
committee of technical personnel is formed and their suggestions are elicited.
For example, in economic issues, expert economists are referred to. In
the same way expert help in environmental, marketing, finance and other
spheres is solicited. We believe that in a similar manner, a committee
of religious scholars and researchers who have the discernment and sagacity
to undertake Ijtihad should be formed to interpret Islam. The Legislative
Assembly can seek guidance from it while legislating a law.
However, three
rules and regulations have to be strictly observed in this regard:
I. Formation of the Committee
The committee
of these scholars should be formed by the vote of the members of the Parliament.
In an Islamic State, no person holds such a position that his decisions
and views be forced upon the people. All the collective issues of Muslims
must be solved through a general census. The members of this committee,
consequently, must be elected by the elected representatives of the people.
II. Authority of the Committee
The members
of the committee should present their recommendations to the members of
the Parliament in interpreting the Quran and Sunnah in a particular affair.
It should be left at the discretion of the Parliament to legislate in the
light of these recommendations. Once the Parliament has made the law, any
scholar from the Committee or outside it who disagrees with it is free
to present an argument against it and convince people about his point of
view anywhere. However, any protest against, deviation from, or violation
of this law would be considered a crime against the State.
III. Criteria in Electing the Committee
Only those
people would be considered eligible of becoming members of this committee
who believe that the only source of Islam is the person of the Holy Prophet
(sws). Therefore, Islam is only what has been sanctioned by the Quran and
the Sunnah. Without this sanction the opinion or word of even the greatest
scholar, researcher, jurist or Imam will not be considered as part of Islam.
From this regulation, it is self explanatory that the members of this committee
would be true scholars and intellectuals of Islam whose concern will not
be to promote the point of view of their faction; instead they will be
people who, while setting aside all prejudices, endeavour to elucidate
the view point of the Word of God.
(Adapted from Moiz Amjad's Commentary
on Ghamidi's "Manshoor")
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