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Actual Opinion

Monday, 20 November 2017

Morals Over Shari'a

Recently, raising up a phenomenon around us, there are alot of efforts of individuals and organizations who are fighting to uphold the Sharia in this country. Starting from among the youth and students up to a mass organization that was recently dissolved by the Government of Indonesia. There are even some people who set up some kind of Sharia Enforcement Committee (SEC) in several areas in Indonesia.

Talking about enforcement of Islamic jurisprudence, our guru had ever given advices to his disciples, that enforcement of Islamic jurisprudence will has no meaning at all in the absence of enforcement morals. According to our guru, the Prophet Muhammad was sent down to earth was not intended for enforcing or establishing a State based on Islamic jurisprudence, but rather he was relegated to this earth for the sole purpose is to refine the human morals. Then, this means that upholding morals was more essential than upholding Sharia.

Islamic jurisprudence without perfect morals is similar to applying the law without moral and ethics. Because if we look deeper, then what we called as Islamic jurisprudence on this day is actually the result of an understanding or the interpretation of some ulama upon the teachings of the Prophet Muhammad.

This means that there are Islamic jurisprudence which is based on Shafi'i, also there are Islamic jurisprudence which is based on the Hanafi or Hanbali or Maliki or there are also Islamic jurisprudence which is based on Wahabi sect. For example, Brunei is an Islamic State which is based on Sharia, and its Islamic jurisprudence was based on Shafi’i sect. The Sharia law which is applied in Bruneian turned out to be far different from other Muslim countries, such as in Saudi Arabia or Pakistan during the reign of Thaliban power, where the Sharia law which is enforced in those countries is based on Wahabi sect. Likewise, it turns out that the application of the Islamic jurisprudence varies in other Islamic countries such as in Pakistan which is based on the Hanafi or in Algeria which is based on Maliki.

Differences in the teachings of the Islamic sect is caused due to the differences of understanding and interpretation. This is a tangible evidence that going back to the Quran and Hadith does not guarantee that the differences in understanding and interpretation (ikhtilaf) will dissapear.

If you have the opportunity to visit or stay in countries which applying the Sharia law, then you may discover yoursself disappointed. Because it turns out that without based on the noble morals, then the application of Sharia law will be impressed barbaric and immoral. For example of this case, there was a girl who was sentenced to stoning because of unwed pregnancy, while the man who impregnate her is set to be free. Because according to the Shari'a law in that country, without any witnesses who saw directly the incidence of adultery, then the man could not be punished. While the woman in unwed pregnancy can be punished, because her pregnancy itself has become proof of adultery, so that women can be sentenced to stoning. This is the things that happened a lot to our TKW (Tenaga Kerja Wanita – Woman house assistant) who works in countries which is based on Islamic jurisprudence. They are raped by their employers until they get pregnant, but the employer could not be touched by the law because at the time of the rape incident there were no other witnesses who saw it. Isn't this kind of thing is unfair?

Some time ago, when ISIS ruled parts of Syria and Iraq, they apply the Sharia law which is based on Wahabi sect, then the indigenous natives who are not like-minded and have different views with the Government of ISIS, they are executed. Beheadings and death penalty to indigenous people in Syria and Iraq reached even more than 15 thousand people. Is this the Islamic jurisprudence which was taught by the Prophet Muhammad in the past? Is this cruel?

Then there is another case as happened in other Islamic country where law enforcement against the ulama and officers do not equal with the legal enforcement to the community. For them there is a special court which is different with the community at most. Is this the justice in the Islamic jurisprudence which was taught by the Prophet Muhammad in the past?

Brothers and sisters, those above are some examples of corruption, brutality, cruelty and unfairness in the application of Sharia law in some Islamic States. They are caused by a single cause, namely the absence of morals. So, without morals then appying Shari'a law, no matter how good and powerful it is then it will mean nothing.

For those reasons then Allah almighty ordered us to follow the example of the Prophet Muhammad morals and he is the perfect model for exemplifying.

لَقَدْ كَانَ لَكُمْ فِي رَسُولِ اللَّهِ أُسْوَةٌ حَسَنَةٌ لِمَنْ كَانَ يَرْجُو اللَّهَ وَالْيَوْمَ الْآخِرَ وَذَكَرَ اللَّهَ كَثِيرًا
"There has certainly been for you in the Messenger of Allah an excellent pattern for anyone whose hope is in Allah and the Last Day and [who] remembers Allah often." (QS 33:21)

Among his noble moral, then some of his moral that must be exemplified are his moral of being patient, honest and Sincere. Being Patient is also the moral which Allah ordered to the mankind. So, it is mandatory for the people who believe.

يَا أَيُّهَا الَّذِينَ آمَنُوا اصْبِرُوا وَصَابِرُوا وَرَابِطُوا وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُفْلِحُونَ
"O you who have believed, persevere and endure and remain stationed and fear Allah that you may be successful." (QS 3:200)

Then honest or saying truely. It is also the thing that Allah swt was ordering, and it is something that must be carried out by the people with faith.

يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَقُولُوا قَوْلًا سَدِيدًا
"O you who have believed, fear Allah and speak words of appropriate justice." (QS 33:70)

And the last is sincere. Allah States that among his servants, then there is no better religion compared to people who are so sincere.

وَمَنْ أَحْسَنُ دِينًا مِمَّنْ أَسْلَمَ وَجْهَهُ لِلَّهِ وَهُوَ مُحْسِنٌ وَاتَّبَعَ مِلَّةَ إِبْرَاهِيمَ حَنِيفًا ۗ وَاتَّخَذَ اللَّهُ إِبْرَاهِيمَ خَلِيلً
"And who is better in religion than one who submits himself to Allah while being a doer of good and follows the religion of Abraham, inclining toward truth? And Allah took Abraham as an intimate friend." (QS 4:125)

So, this is the article, with the intention to arouse the consciousness all of us. That after faith then something which should be upholded is noble morals, suach as being patient, honest and Sincere. So rather than upholding the Sharia, because it turns out that upholding the Islamic jurisprudence without noble morals, then it similar to uphold a depravity, the brutality, cruelty and injustice. (AK/ST)

Posted by YAKDI (Foundation of AKHLAQUL KARIMAH DARUL IMAN) in INDONESIA at 23.45