Sharia: A Process, Methodology, and Moral Inquiry

By Adis Duderija, New Age Islam 22 August 2024 “Shari’a is a process, methodology and moral inquiry” Khaled Abou El Fadl Khaled Abou El Fadl’s insightful conceptualisation of sharia as a process, methodology, and moral inquiry opens up a vital discourse on an often-misunderstood system. In a world where sharia is frequently reduced to simplistic, negative caricatures, Abou El Fadl emphasises its dynamic, adaptive, and ethical dimensions. This essay will explore how sharia can function as a process of moral inquiry, a methodological approach to understanding human behaviour, and a framework to achieve justice, all while emphasising its relevance in contemporary society. Understanding Sharia Beyond Stereotypes The term sharia is frequently invoked in political debates and media portrayals, often overshadowed by extremes. Many people view it solely as a legalistic framework that dictates punitive measures. However, Abou El Fadl invites usto reframe our understanding of sharia as a living tradition that evolves with human experience and moral inquiry. This more nuanced view recognises sharia as not merely a set of laws but as a comprehensive system of ethics and morality. Sharia, derived from the Arabic word for path, suggests a road toward justice and righteousness. It is essential to grasp that sharia encompasses not only legal rules but also spiritual, ethical, and social dimensions. This broader perspectiveallows us to appreciate sharia’s potential as a tool for social justice, moral obligations, and communal responsibilities. Sharia as a Process At its core, Abou El Fadl argues that sharia is a process, an ongoing engagement with the text and context of Islamic teachings. This process is rooted in a deep commitment to ethical reflection and interpretation, a form of ijtihad (independent reasoning). The idea of sharia as a process highlights the importance of context, history, and the dynamic nature of human experience. The notion of sharia as process encourages an adaptive approach to challenges faced by Muslim communities in the modern world. In confronting contemporary issues such as gender equity, economic justice, and interfaith relations, the sharia process calls for critical engagement with scripture and tradition. This engagement fosters a deeper understanding of human dignity and justice, recognizing the inherent complexities of life. Moreover, this process-oriented approach underscores the importance of scholarly discourse and debate within Islamic jurisprudence. By allowing diverse interpretations, sharia cultivates a rich intellectual tradition that empowers individuals and communities to navigate moral dilemmas. Far from being a monolithic set of rules, sharia thrives through the interplay of voices, encouraging a multitude of perspectives on ethical concerns. Methodology: Recognizing Pluralism and Context Sharia as a methodologyextends beyond religious confines, engaging in a broader discourse on morality and ethics. It serves as a structured way to examine human behaviour, ethical dilemmas, and social norms. This methodological lens involves critical inquiry, allowing both advocates and critics to explore the implications of various interpretations and applications of sharia. Abou El Fadl emphasises the importance of creating a pluralistic understanding of sharia, rooted in respect for diversity and differences within the Muslim ummah (community).This pluralistic foundation enables a more profound exploration of ethical issues, encouraging discourse rather than dogmatism. In practical terms, this methodology invites scholars, practitioners, and laypeople alike to engage in rigorous ethical discussions. It encourages a focus on the underlying principles of justice, compassion, and human dignity, fostering dialogue that transcends simplistic dichotomies. This can lead to innovative solutions to pressing social issues, advocating for a sharia-informed perspective that is relevant in today’s globalized world. Moral Inquiry: The Ethical Imperative of Sharia At its most profound level, sharia embodies moral inquiry. Abou El Fadl highlights that the core of sharia is its ethical dimension—its imperative to seek justice, promote human welfare, and enhance the moral fabric of society. This moral inquiry is founded on the principle that ethical behaviour is a central tenet of a believer’s life, bridging personal conduct and communal responsibility. In the context of contemporary challenges, such as social justice movements, environmental sustainability, and global inequalities, sharia’s ethical imperatives can provide valuable insights. By encouraging a holistic understanding of justice, sharia invites engagement with broader human experiences, offering pathways to address societal issues with compassion and reason. Bridging Tradition and Modernity One of the most pressing concerns in discussing sharia is its application in today’s world, especially in relation to issues of human rights and gender equality. Abou El Fadl advocates for a reconciliatory approach that respects traditional values while critically engaging with modern realities. This synthesis can lead to a form of sharia that is not only faithful to Islamic principles but also responsive to contemporary ethical standards. For example, in discussions around gender justice, sharia can be reinterpreted through a lens that promotes equality and empowerment. By engaging with historical contexts and recognising the agency of womenin interpreting sharia, we can develop a more equitable approach that honours the essence of Islamic teachings while addressing modern concerns. This process is ongoing, requiring collaboration among scholars, activists, and community members, demonstrating that sharia can evolve meaningfully without losing its core identity. The Role of Education and Engagement To promote a more profound understanding of sharia as process, methodology, and moral inquiry, education plays a crucial role. Educational initiatives that foster critical thinking, ethical reasoning, and engagement with diverse interpretations can help combat stereotypes and extremism. By equipping younger generations with the tools to engage with their faith in a thoughtful manner, we can cultivate a culture of understanding and respect. Community engagement is equally essential. Interfaith dialogues, community service projects, and civic discussions about sharia can foster a greater appreciation for its ethical dimensions. By bringing together people from various backgrounds to explore sharia’s implications for justice and morality, we pave the way for a more harmonious coexistence, grounded in mutual respect and understanding. Conclusion Khaled Abou El Fadl’s portrayal of sharia as a process, methodology, and moral inquiry prompts a vital re-examination of its role in contemporary society. By viewing sharia through a dynamic lens, we uncover its potential as a framework for justice, ethical engagement, and moral reflection. In a world often marked by division, misunderstanding, and conflict, embracing this nuanced perspective on sharia can cultivate dialogue, facilitate ethical inquiries, and promote social justice. By grounding our discussions in the principles of compassion, respect, and intellectual rigor, we can draw from sharia’s legacy to address contemporary challenges authentically. ----- Checkout Dr. Adis Duderija’s personal website at: https://dradisduderija.com/ ----- A decades old patron of New Age Islam, Dr Adis Duderija is a Senior Lecturer in the Study of Islam and Society, School of Humanities, Languages and Social Science; Senior Fellow Centre for Interfaith and Intercultural Dialogue, Griffith University | Nathan | Queensland | Australia. His forthcoming books are (co-edited)- Shame, Modesty, and Honora in Islam and Interfaith Engagement Beyond the Divide (Springer) URL: https://www.newageislam.com/debating-islam/sharia-methodology-moral-inquiry/d/133005 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism