Ibrahim Jammal Quotes
Today the sharia courts exist only for questions touching religion and personal status of the believers, they should limit their benevolent labors to matters that concern them specifically.
Muslims are divided about the role of the Islamic religious courts. Some believed that these should be the only courts and should govern all law, religious and civil on the grounds that there are no real differences in Islam. Others believe, as Jammal put forth, that religious courts should only deal with religious and personal matters. Still others believe that these is no place in modern society for religious courts. This debate echoes the debate that took place in Christianity and Judaism, but the vast majority of these have concluded that there is no place for religious courts
Ibrahim Jammal, *, Egyptian Editor and Legal Reformer, Quoted in Politics of Law and the Courts in the Nineteenth-Century
Sourced by: Eigen's Political and Historical Quotations
Theological & Legal Expert. A fatwa is a religious legal ruling. The frequent problem of Muslim men who marry American women, and if there is a divorce, the man kidnaps the child and returns to an Islamic country where the wife never gets to see the children causes a very difficult problem for American diplomats because even though there is an American court decision against the father, the very act of taking a custody dispute to a civil court contravenes Islamic law so there will be no extradition as the Islamic country takes the position that there was never an original legitimate court decision.
At the time, Muslim clerics had a great deal of influence and in many cases legal control over all facets of Turkish society much as exists in other Islamic societies today. They even controlled what was taught in the schools. Remarkably, without bloodshed, Ataturk broke both the power and the influence of the clerics on all official and public activities. Many Turkish Muslims even developed a type of reformed Islam with the relationship between the individual and the clerics one of parity much like Protestant churches in the West. At the same time there was a more orthodox part of the population and while they sent their children to religious schools, they also attended public schools so even the orthodox Muslims in Turkey learned science and modern subjects which are still not taught in most Islamic schools and madrassas.
The Muslim Brotherhood had won the Presidency in the first Egyptian democratic election shortly after the ouster of Mubarak when they were the only party that was organized. However, after one year of government, their performance was so bad that critics like El Baradei offered strong public criticism—especially of the preoccupation with Islam with little government attention given to freedom, human rights, and the economy which was in terrible shape. This was the focus of the pointed article title. A few days after this article was published there was an insurrection of huge crowds of Egyptians and the Muslim Brotherhood President Morsi was forced to resign.
This quotation illustrated the extreme polarization between the current fundamentalist Muslims, and the Muslim modernists and the West. Kamal Ataturk, the great leader and stateman who is the father of modern Turkey, is castigated by the author for leading the new Turkish parliament to depose the Caliph – the civil and religious autocrat, one of whom reigned from after the death of Muhammad till his abolishment in 1924. Most of the rest of the world credits Ataturk with being one of the great leaders of all time—one who led a democratic revolution which transformed Turkey into the only Muslim secular democracy, requiring pubic secular European type education for all children, giving women the right to vote (before the U. S. even), adopting a European alphabet and dress, and outlook on life—creating most remarkably a total cultural revolution with virtually no loss of life. No revolutionary leader, before or since has led so extensive a political and cultural revolution, and it was a bloodless revolution. Turkey, into the 21st century, was by far the most powerful, industrialized, scientific and modern nation of Muslims in the world and others were far behind. Yet many Islamic theologian still castigate Atatork for his great achievements as being against the will of God.
All modern legal systems conflict in some respects with a literal interpretation of the Koran which is the basis for the traditionalists view of Sharia—Islamic law. Therefore a student of modern law is learning things which go against Sharia as interpreted by fundamentalists. There was a time when Jewish and Christian American religious families were uncomfortable with studding modern law as there were contradictions with Biblical law. There are still a few.
On the surface, this reform seems to contradict Sharia – Islamic religious law -- where religion permeates all of politics.
Gabriel exaggerates in the sense that while the quotation is correct for many Muslims, it is by no means true of all. Iran for example is an Islamic theocracy, but Turkey is a 99 percent Muslim nation which is totally secular and in some ways is much more restrictive of Islamic teaching and practice than most secular democracies. The fundamentalist Muslim view of the state and religion is essentially the same as the ultra orthodox Jews and Christians. It is true that a greater proportion of Muslims believe in the merging of civil and religious law than Jews and Christians, but by no means all. The non Arab Muslims are much less likely to see the unity of state and religion.
