Examples of re-interpretation of Islamic Sharia in modern times

Submitted by Sani (Canada), Mar 8, 2009 at 18:55

Dr. Pipes is correct in his assessment that interpretation of sharia and Quran according to the needs of the day has precedences in islamic history. But the biggest support for his theory, ironically, come from no less than the Ayatollah Khomeini himself.

After establishing the Islamic republic in Iran, the clerical rulers quickly found out that ruling the nation based on the archaic laws of Sharia was almost impossible. In particular, sharia rules of finance and ownership (in particular its rules against market regulation and appropriation of land) was putting too much strain on the government at the time of war.

To solve the problem, Khomeini ruled that Islamic governence was a basic principle of islamic theology as important as monotheism and belief in the prophecy of Mohammad, and is superior to secondary rules (Sharia, prayer, Hajj etc). As such, Khomeini ruled that a just Islamic ruler (Vali-e faghih) would be able to shut down secondary rules for the benefit of the Islamic society, for instance, ban people from Hajj (as happened after massacre of Iranian pilgrims in Mecca in 1987) or suspend or modify Sharia rules.

Khomeini issued several fatwas in this regard, particularly to change some free-maket aspects of sharia rules into the left-leaning views of his government during the Iran-Iraq war. Later on some of his followers (such as scholar Azari Qomi) went as far as opining that the supreme leader should be allowed to suspend basic prinsiples of Islamic theology as well.

Some background is available here (in Persian): http://aftab.ir/articles/politics/iran/c1c1229852661_guardian_council_p1.php

This precedent could make it possible for a moderate leader to change principles of Islamic sharia, even within the Islamic theology itself.

Regards

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