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Divine Sharia and Human Freedom

Western systems advocate values like democracy and human rights, yet they tolerate a legalized form of dictatorship through the veto power held by five nations in the UN Security Council, which allows them to override any decision, no matter how much support it garners.

These same nations dismiss any academic critique of Darwinism and have historically suppressed opposing views, such as President Dwight Eisenhower’s 1954 Communist Control Act that banned the Communist Party in the U.S., leading to the McCarthyist persecution of individuals with suspected communist leanings.

In the Islamic world, since the fall of the Ottoman Caliphate in 1922, a debate has persisted between secularists and Islamists regarding Western values. Secularists seek to emulate the Western model to achieve progress, allowing religion to influence only worship and personal status matters.

Mohamed Cheikh, in his book What Does it Mean to Be Modern? (2006), asserts that “a modern society has become materialistic, governed by material factors alone, rather than traditional spiritual or moral considerations.”

Islamists, however, argue for a return to Sharia as the means to restore the lost glory of Muslims. The Muslim Brotherhood, for instance, has long promoted the slogan “Islam is the Solution.” Shakib Arslan, in his book Why Did Muslims Decline and Others Progress? (1930), posits that the degradation of Muslims resulted from their own internal failings, suggesting that “when Muslims changed what was within themselves, it was inevitable that God would change their condition from honor to disgrace.”

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Dr. Mohamed Mokhtar Al-Shanqiti offers a different viewpoint in his article Implementing Sharia in Free Societies. He argues that the freedom democracy provides is essential for applying Sharia, as it harmonizes with the Islamic principle of consultation (shura). Al-Shanqiti believes that imposing Sharia by force leads to hypocrisy rather than genuine faith.

Al-Shanqiti emphasizes that the primary reason for the failure to implement Islamic constitutional and political values—such as consultation, justice, and freedom—is not due to Western interference, but rather the Muslims’ neglect of these values themselves.

He argues that the return to Sharia and its application should be driven by the people’s will, not imposed by force. He contends that if a society accepts the rulings of Sharia, it is its duty to follow them. However, if society does not accept certain aspects of Sharia, it is accountable to God, not any worldly authority. He stresses that advocates of Sharia should focus on persuading society of its merits rather than forcing it upon them, even if they hold political and military power.

On the other hand, Mohamed Elhamy, who once shared Al-Shanqiti’s views, argues that disputes with ideological opponents are ultimately resolved through power, not reasoned debate.

In his article Freedom or Sharia First?, Elhamy questions the practicality of engaging in intellectual compromises, noting that such attempts often fail to produce tangible political results. He uses the example of Rached Ghannouchi, who, despite making significant concessions to fit Islam into the modern framework, was eventually forced to hand over power to the system he opposed.

Al-Shanqiti’s perspective emphasizes the ethical dimension of Sharia, arguing that combining Sharia with freedom is crucial for achieving a moral consensus that can lift Arab and Islamic societies out of their ethical and cultural contradictions.

He also acknowledges the difficulty of marginalizing religion in Islamic societies, where it is deeply embedded in cultural and social fabrics, unlike in Western societies where religion was often exploited by rulers for personal gain.

He further explains that the Arab Spring revolutions shifted the debate from whether Sharia should be applied to what Sharia actually means. This shift, he believes, is a positive development towards societal advancement.

Al-Shanqiti argues that Sharia is not merely a set of laws or jurisprudence; rather, it is a source from which laws and jurisprudence are derived. Therefore, laws can evolve without departing from Sharia, and it is not necessary for every law to have a direct textual basis in Sharia to be considered Islamic. For instance, even traffic regulations, despite their Western origins, can be seen as part of Sharia if they serve to protect lives and property.

Al-Shanqiti also highlights that one of Sharia’s main objectives is to enhance the moral character of Muslims, not to create it from scratch. He cites the Hadith of Prophet Muhammad (peace be upon him), “I was sent to perfect noble character,” as a critical element of Sharia’s moral focus.

He categorizes the moral values of Sharia into two main groups: First, the values related to political governance, such as consultation, equality, freedom, obedience to legitimate authority, and checks and balances, akin to the separation of powers in the West. Second, the values related to political performance, such as combating financial corruption, deterring oppression, and upholding trustworthiness.

Al-Shanqiti views dictatorship as a form of political idolatry incompatible with an actual Islamic state, and he identifies it as a major cause of moral decline in the Muslim world. He also criticizes the theoretical inadequacies of those advocating for Sharia, particularly their failure to articulate concepts that link Sharia with freedom.

The pressing question remains: Can freedom truly foster moral elevation on an individual level and drive civilizational progress on a societal level? And how can tyranny and corruption be confronted peacefully and ethically?

Here, the example of Japan comes to mind—known as the “Planet Japan” for its dedication to work and its remarkable societal politeness. Yet, this same society committed horrific atrocities during World War II.

Was the atomic bomb a necessary evil to end this nightmare?

Or are humans chasing an illusion of utopia that is ultimately doomed by selfishness?

It seems clear that selfishness is the root of human evil, and the only remedy is to wage war against the ego before it consumes everyone.

“And those who settled in the home and faith before them, they love those who migrated to them and find not any want in their breasts of what they were given but give preference over themselves, even though they are in privation. And whoever is protected from the stinginess of his soul, it is those who will be successful” (Surah Al-Hashr).

Ahmad Okbelbab
Ahmad Okbelbab
Since 2005, Ahmad has been teaching video editing and graphic design both online and in-person for leading entities such as Al Jazeera Media Network, Deutsche Welle Academy, and Al Faisaliah Group, gaining deep experience in e-learning content development, using Canvas LMS, and multimedia production with tools like Camtasia, Adobe Suite, and Final Cut Pro. His role since 2016 as an audiovisual translator at Al Jazeera, working between Arabic, English, and German, has built on his background in storytelling and video editing. Academically, Ahmad holds a BA in Mass Communications from Cairo University (2004), a Diploma in Filmmaking from New York Film Academy (2009), and has pursued Master Courses in Audiovisual Translation at Hamad Bin Khalifa University (2018), endorsed by the University of Geneva.
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