What we have to face, he wrote, is that a Muslim living in a secular or a modern state must have the freedom and independence to obey fresh laws; and… - Asaf Ali Asghar Fyzee
" "What we have to face, he wrote, is that a Muslim living in a secular or a modern state must have the freedom and independence to obey fresh laws; and new legal norms, whether related to the Shariah or not, will have to be formulated. It is becoming increasingly clear that something good and legal may be entirely outside the rule of Shariah, just as, surprisingly enough, some rules which are unjust and indefensible may be within the orbit of acts permitted by the Shariah. I refer to some rules in the Hanafi law of talaq (divorce) in India, to take a simple example.
About Asaf Ali Asghar Fyzee
Asaf Ali Asghar Fyzee (10 April 1899 – 23 October 1981) was an Indian educator, jurist, author, diplomat, and Islamic scholar who is considered one of leading pioneers of modern Ismaili studies. He also served as India's first ambassador to Egypt from 1949 to 1952, and Vice-Chancellor of the University of Jammu and Kashmir from 1957 to 1960.
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My solution, Fyzee wrote, is (a) to define religion and law in terms of twentieth century thought, (b) to distinguish between religion and law in Islam, and (c) to interpret Islam on this basis and give a fresh meaning to the faith of Islam. If by this analysis some elements that we have regarded as part of the essence of Islam have to be modified, or given up altogether, then we have to face the consequences. If, on the other hand, belief in the innermost core can be preserved and strengthened, the operation although painful will produce health and vigour in an anaemic body which is languishing without a fresh ideal to guide it.
The law of marriage in Islam, with certain important reservations, is beneficial to women; and so is the law of inheritance,... Why is it that almost everywhere in Islamic countries women have been denied rights by custom over immovable property? That is so in India, Indonesia, Egypt, Persia, and North Africa. And what is more disturbing is that not only is woman denied her Koranic rights but she is considered inferior to man and not fit for certain political rights. Travel in Muslim countries demonstrates the painful fact that woman is considered the plaything of man and seldom a life-companion, co-worker, or helpmate. It is not enough to brush this aside by saying that a particular practice is un-Islamic or contrary to the spirit of Islam. It is necessary to face facts, to go to the root of the matter, to give up inequitable interpretations, and to re-educate the people.
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Such gradual modifications, even of the rules of Shariah do not destroy the essential truth of the faith of Islam. On a truer and deeper examination of the matter, it will be found that certain portions of the Shariah constitute only an outer crust which enclose a kernel—the central core of Islam—which can be preserved intact only by re-interpretation and restatement in every age and in every epoch of civilization. The responsibility to determine afresh what are the durable and what the changeable elements in Islam rests on us at the present time. The conventional theology of the Ulema does not satisfy the minds and the outlook of the present century. A re-examination, re-interpretation, reformulation and restatement of the essential principles of Islam is a vital necessity of our age.