Thursday, January 17, 2013 was a proud day. Together with the convening seminars on maqashid Shariah by the Faculty of Sharia and Law Sunan Kalijaga State Islamic University, came in the midst of us, Dr. Jasser Auda, an Associate Professor and Deputy Director of the Center of Islamic Legislation and Ethics (CILE), Qatar Foundation. He has lectured on Islamic law, and its relation to ethics and policy, in dozens of countries around the world, and has written a number of books. His latest books entitled Maqasid Al-Shariah as Philosophy of Islamic Law: A Systems Approach is recently and widely used by Islamic scholars and students as a reference in the study of reformation ideas and methods of maqasid shariah. On that occasion, LiSAFa (Circle Study of Religion, Philosophy, and Culture) Religion and Philosophy Studies Program, Postgraduate Program UIN Sunan Kalijaga, represented by Subhani Kusuma Dewi had the opportunity to do a short interview with him. Here is the interview:
LiSAFA:
It does dream comes true, while we're studying your idea regarding Maqashid Shariah, then you're now among us continue to spread the spirit of reform. Well, I am starting from your background whom i can say you are a cosmopolite muslim. How the complexity of your background giving you a shape and influence toward your idea? does european context you are living today also part of your consideration?
Dr. Jasser Auda:
Wa Alikom Assalam. Alhamdulillah. salawat wa salam ala Rasulillah Muhammad! I would like to thank all of the students who participated in the seminar on maqasid al-shariah. Your questions were very important and I learned from them. Jazakom Allah kheir. Well, my backgrounds did influence my thinking, insha Allah in a positive way. Being Arab/Egyptian and also Canadian, studying a PhD in Shariah and also a PhD in a science-related field, living in North America, Europe, AFrica, and Asia, having teachers, relatives, students, and friends in every continent and almost from every major race, etc. - all of these factors that many people consider "contradictory" are not contradicting in me, Alhamdulillah. They are "integrated" in me, and I consider all of them to be blessings from Allah, walhamdulillah. Therefore, in my thinking, I don't believe in the "contradiction" or "clash" between civilizations, between east and west, between religion and science, or even between Islamic schools of law and ethics. All should be integrated and combined in one Islamic and human identity.
LiSAFa:
Well, Dr Auda. Muslim people will absolutely agree to you when you're saying that Maqashid Shariah is an objective of Islamic Shariah. But it seems not easy for them to want to come and practice your ideas of the reconstruction of Islamic thought, personality, as well culture and civilization. My question then, in so far how islamic world respond to your idea and how you see the possibility of Muslim ummah to accept the reform ?
Dr. Jasser Auda:
Alhamdulillah the response to the idea of maqasid al-shariah being a basis and methodology for Islamic and ethical reform and renewal is meeting a lot of success. I have to say -though- that it is not only me who's proposing this idea, but there's a number of Muslims scholars whom I always refer to in my books and lectures. We -as Muslims- have to know, however, that we need to renew the variables and not the fixed parts of Islam. We need to reconstruct the changeable part that has to do with people's realities and not the absolute articles of faith and Ibadat/worship that every Muslim has to observe in every place and time!
LiSAFa:
Okey, while we're talking about the idea of reformulating worldview and method in approaching islamic shariah today, at the same time the current globalization also being responded by the desire to formulize shariah appear in various place, take an example in Indonesia, last week (January 17, 2013) a town mayor in Aceh Province trough Islamic law government ban women straddling motorcycle. Likewise, he also put adat (custom) as the base of this law. In your opinion, what sort of 'urf we can integrate together to the idea of extended spectrum of thought in this changing context?
Dr. Jasser Auda:
URF or customs are a respected source of law and ethics (Fiqh) in Islam. It is part of the nature of Islam to accommodate people's customs and regard them; the Prophet (s) himself did that with many of the Arabic customs. However, customs are not supported in Islam if they contradict with the principles of Islam or the common good of the people. Regarding the example you mentioned, there is nothing in the principles of Islam against girls, women, or men riding cars, camels, or motorcycles! If the girl rides her bike or motorcycle with the right Islamic attitude and respected attire, then there is no objection at all, from the Islamic shariah point of view.
LiSAFa:
If I can conclude briefly, the dynamic levelling of Maqashid as Shariah depends likely to social and anthropological context. In doing so, you put the importance of Fakih, whom you expand the meaning into a competence perspective. On the one sense it can be a sort of broadening up the establishment of legal issue, but on the other sense it could be the place of competing interest. How you see these two sided possibility?
Dr. Jasser Auda:
Yes, the faqih is central in the process of ijtihad, but we have to define what we mean by "faqih"! In my view, there's no papacy in Islam, and any Muslim or Muslimah who studies Islam properly and puts an effort in learning it - could become a faqih and mujtahid and could participate in the renewal of Fiqh today.
LiSAFa:
In regard to your connection to Arab world, you're published recently a book entitled Baina as-Syari’ah wa al-Siyasah: Asilatu limarhalati ma ba’da al-tsaurah. Can you explain to us the idea you're proposing?
Dr. Jasser Auda:
In my new and humble book, Betwen Shariah and Politics, I am arguing that in the countries of the Arab Spring, if they want now to "apply the Shariah", that they have to understand that the true application of Shariah is not about forcing people to do their acts of worship or enforcing the Islamic Criminal Law. The true application of the Shariah is about achieving justice in the society and the achievement of maqasid al-shariah, which are the preservation of people's faith, intellect, life, dignity, family and property. Any "application" of the shariah that does not put justice first and disregards the maqasid of the shariah - are not true applications. I always quote Imam Ibn Alqayyim who said:
“Shariah is based on wisdom and achieving people’s welfare in this life and the afterlife. Shariah is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the Shariah, even if it is claimed to be so according to some interpretation.
LiSAFa:
Well Dr Jasser, I should stop our interview, we very thank you for this academic visiting, we really hope to continue discussing our current challenge in religiosity with you.
Dr, Jasser Auda:
Thank you very much and please stay in touch, insha Allah! Was salami Alikom
