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Why We Can't Expect Consistency from Clerics


By G. Willow Wilson
Posted on Wed Nov 15, 2006 at 11:16:47 PM EST
Tags: Politics, Islam, mullahs (all tags)

When I interviewed Sheikh Ali Gomaa in the fall of 2004, he seemed primed to become one of the great pragmatist leaders of modern Islam. Intelligent, blunt and keenly aware of the way information can be dishonestly predigested to support an agenda, he was far less rhetorical and far more practical than is fashionable among twenty-first century shayukh. He had held his state-appointed post as Grand Mufti of Egypt for less than a year, but in that time he had managed to overcome the suspicions of the Arab capitals ultra-conservative imams and enjoyed widespread popularity. He was one of the onlyand certainly the most powerfulmainstream Sunni clerics to support the Amina Wadud prayer. A year later, things had changed: when I ran into him at a social function, he was cynical and removed, disinterested in further discourse with the West, having been burned by a European paper that printed a skewed version of a fatwa he had issued about the practice of yoga. Today, his popularity is waning: after issuing a controversial legal opinion on Egyptian state television, in which he stated that protests and demonstrations against a politically confirmed leader are un-Islamic, some see him as a cats-paw of the Mubarak regime. In response, he has run to the right, issuing several fatwas at odds with his relatively enlightened views about women.

 

Gomaa is far from the only Muslim cleric whose public remarks have been ideologically erratic. Former Egyptian Grand Mufti Mohammad Es-sayyid El Tantawy, who famously confirmed the Islamic legality of sex-reassignment surgery in the late 1980s, has also made statements supporting jihad against Israeli civilians; Ayatollah Khomeini of Iran wrote Sufi poetry before launching his career as a despot. Modern clerics, it seems, cannot be relied upon to provide ideologically consistent legal opinions from year to year and even from week to week. The reasons why are complex, and if sustainable change is to occur in modern Islam, understanding them is vital.

 

Clerics, especially state-appointed clerics (all of whom run the risk of appearing illegitimate in the eyes of the disenfranchised public) live and die by public approval. Unlike Catholic bishops, Tantric lamas and Jewish rabbis, Muslim clerics do not have to undergo any specific training or be anointed by any specific authority to obtain their position; sheikh, in many countries, is simply a title of respect. In poorer areas of Egypt (and doubtless in similar parts of the Muslim world), the imams of local mosques are often completely illiterate; doormen, farmers and manual laborers by trade. With the exception of graduates of highly-regarded Islamic universitiessuch as Al Azharshayukh build legitimacy through popularity, and popularity alone.

 

Thus, ambitious shayukh must constantly cater to the street in order to advance their influence. At the same time, they must balance the expectations of local governments that are often hostile to religious figures with public influence. And they must always be aware of the power of the western press--too little sympathy from that quarter and they run the risk of western intrusion into local politics; too much sympathy will ruin their credibility in the eyes of Muslims who view the western media with suspicion. Modern clerics play an ongoing and dangerous game; few have the luxury of speaking their minds allor even mostof the time. 

 

This effectively means that movement toward a practical, tolerant and socially responsible vision of modern Islam must begin with ordinary Muslims. Modern Islam suffers from the handicap of an informal democracy; its leaders are beholden to popular opinion, and typically reflect the values of only the most vocal, organized and persuasive segment of the societies they represent, with an occasional hat-tip to the opposition. Today, that most influential segment is the ultra-conservative bloc. To produce and sustain shayukh who will champion a vision of Islam suitable for a truly global era, forward-thinking Muslims must be more vocal, more organized and more persuasive than their ultra-conservative counterparts. It is not to the clerics, but to ourselves that we must look for progress; if we do so, the clerics must and will follow.

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Tags: Politics, Islam, mullahs (all tags)
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From Egypt about Ali Goma(none / 0) (#1)
by zeinobia on Thu Nov 16, 2006 at 05:43:54 AM EST
First Mabrook the new site ,it looks great

second about Ali Goma ,i respect this man so much , already we had a personal experience with him personally , my mom went to ask about some matters in the inheritance laws according to the sharia
also in Egyptian TV he seems so openminded ,yet the main problem that in Egypt appointed clerics and shekihs are always regarded as speakers of the regime
already the minister of El-Wakaf who supervises religious activities in Egypt said it that security forces control the clerics in the mosques which belong to the state
here you create a mistrust between a public and the people
People tend not to believe any regime speaker easily
in the old days when Al-azhar was free from the government control and its grand Shekih was elected ,there was a great trust of people in it , it was very powerful , and you had great shekihs like Mohamed Abdo and Shekih El-Margi
by the way the Al-azhar grand shekih became a governmental opposition in the era of the monarchy not the republic , King Farouk had a great fight with the grand Shekih who refused to issue a fatwa for him , prohibiting his ex-wife Queen Farida to marry again ,
anyway I believe it is a great problem ,because Ali Goma is against El-Wahbi sect as a sunni and he is trying to fight it and it is spreading in Egypt thanks to the various satellite channels but there is the point of anti-trust
by the way regarding the fatwa about the protests
there was another great Fatwa official media ignored because of its great impact
Dar El-Efta in Egypt issued a fatwa in Ramadan , a woman married to a police officer asked the shekihs there whether the fasting and the prayers and Zaqat of her husband would be accepted after knowing he tortures people "in the last couple of months Egypt was terrified by the unhuman practices of police against civilians whether regular civilians in police stations or activitists"
The respond I believe was the best "It won't be accepted in heaven , because God prohibit hurting others , no tortue in Islam "I don't remember the rest of it but I swear when I read the original text which was published I was so proud
By the way at last Egyptians knew about the Pakistani rape bill ,they are so angry when they know that women there needed four witnesses to prove the rape



Ideologically consistent legal opinions?(none / 0) (#2)
by dell on Thu Nov 16, 2006 at 07:21:30 AM EST
Without a hierarchical structure?  Heck, the Catholics can't even manage ideological consistency, and they do have a top-down structure, and two millenia to get their structure right!

I realize this doesn't work in a village, but in a Cairo, can't one mosque-shop,  in order to find a compatible spiritual home?  Certainly, that's what Americans do, with the non-hierarchical Baptists, the barely hierarchical Protestants, the theoretically heirarchical Catholics (you'd be surprised at the variance at the parish level!), let alone the free-standing megachurches.



Consistency in Law(none / 0) (#3)
by John Burgess on Thu Nov 16, 2006 at 07:42:46 AM EST
Arab News has an op-ed by Saudi journalist Abeer Mishkhas who makes a very strong point that a weakness of sharia law is that it is left to the judges to interpret that law. In the lack of codification and a mutual understanding of exactly what a law means, there are wide discrepancies in verdicts and punishments to the point of basic unfairness. I blogged it at Crossroads Arabia.

shariah law(none / 0) (#5)
by thabet on Thu Nov 16, 2006 at 08:04:54 AM EST
a weakness of sharia law is that it is left to the judges to interpret that law

Is that a weakness of 'shariah law' or a weakness of the Saudi legal system and the standards required to enter the legal profession in the country?
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warning: highly corrosive
[ Parent ]

Shariah(none / 0) (#6)
by G. Willow Wilson on Thu Nov 16, 2006 at 08:38:20 AM EST
I think in any legal system it is more or less left to judges to interpret the law...no? The reason this runs Shariah into problems is because it's not centralized; an individual Muslim is theoretically free to follow any one of a number of legal schools within the same polity. Which would also be fine (there are countries with innumerable sects of Protestants who generally leave one another alone)were the line between one's duty to the state and one's duty to Islam less unclear.

It will be interesting to see how these issues are dealt with in coming years.

[ Parent ]

shariah law(none / 0) (#10)
by thabet on Thu Nov 16, 2006 at 09:11:12 AM EST
To me, John's point (or the article's point) was reminiscint of the words of a US Supreme Court Judge:

"This is a court of review, not a tribunal unbounded by rules.  We do not sit like a kadi [qadi] sitting under a tree dispensing justice according to considerations of individual expediency."

That is because law is 'left to judges' it has no cohesive principles, and is not arrived at via a rigorous process which concerns itself with "legal authority, objectivity, and legitimacy in the adjudicatory process. It is as if there are no restraints to judicial decision-making, no concerns for the authoritativeness of any particular legal decision." I don't think that is a very good explanation of 'shariah law', but it might be a good explanation of the Saudi legal system.
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warning: highly corrosive
[ Parent ]









Op-ed(none / 0) (#4)
by G. Willow Wilson on Thu Nov 16, 2006 at 07:53:07 AM EST
An interesting piece, John, thanks for the heads-up.



democratic shari'a(none / 0) (#7)
by shams on Thu Nov 16, 2006 at 08:45:47 AM EST
Since Islam is a consensus religion, doesn't that mean that shari'a is basically democratic?
Then why does Iraq need a democracy imposed by force?
=)

Shura/ democracy(none / 0) (#8)
by AnonyMouse on Thu Nov 16, 2006 at 08:59:20 AM EST
I think that the topic of Shura = democracy is a fascinating one... I remember reading an article about it that explained that the political system of the Islamic state is partly democratic, but not totally, and went into details about why... I'll try to find it in a minute...
Musings of a Muslim Mousehttp://www.muslimmouse.blogspot.com
[ Parent ]
demmocracy for its own sake leads to abuse(none / 0) (#12)
by azizhp on Thu Nov 16, 2006 at 09:14:07 AM EST
we have to move away from democracy as an end to itself. As we have seen in Iraq, democracy alone is insuffcicent. What is needed is a truly liberal society first.

--
City of Brass: principled pragmatism at the maghrib of one age, the fajr of another


[ Parent ]




Article(none / 0) (#9)
by AnonyMouse on Thu Nov 16, 2006 at 09:08:31 AM EST
I couldn't find the one I'd originally read, but here's the link to another article. I think it's pretty interesting... tell me what you think of it!

http://www.ijtihad.org/shura.htm
Musings of a Muslim Mousehttp://www.muslimmouse.blogspot.com
[ Parent ]



complexify(none / 0) (#11)
by azizhp on Thu Nov 16, 2006 at 09:11:58 AM EST
I'm a little hesitant to accept that statement, that Islam is a concensus religion, as axiomatic. Complexify!

if anything Islam is a revelation-driven religion first and foremost. Interpretation of that revelation is modulated by authority, and that authority is highly localized. So you get immense regional variation. If Islam was truly a concensus religion then the interpretation would be homogenous.

I think Willow's essay proves this point as well. Mullahs are receptive to and reflect the popular interpretation, and by feedback also serve to shape it. SO there is a kind of mututal, evoplving concensus, at local scales.

--
City of Brass: principled pragmatism at the maghrib of one age, the fajr of another


[ Parent ]
Yes(none / 0) (#13)
by G. Willow Wilson on Thu Nov 16, 2006 at 02:50:03 PM EST
I agree; the interpretation and handing-down of Islamic law is too localized for me to really get behind the idea of Islam-as-consensus-religion. In fact most of the time it seems to me to be highly  highly individualistic, legally speaking. A sheikh can draw on a huge variety of often conflicting legal precedents, and a Muslim can in turn draw on any number of sheikhs for guidance.

[ Parent ]






Back to the Subject...Why are Clerics Erratic(none / 0) (#14)
by rvail136 on Thu Nov 16, 2006 at 03:47:02 PM EST
Because they are men, and men are by nature (and I use the term "men"generically to mean human) erratic.  Hence, we are all a little hypocritical now and then.  This ins't limited to Islam either.  Merely read any newspaper of any country, eventually you'll read how some cleric has begun to react erratically.  Life happens



Is it so bad?(none / 0) (#15)
by dawood on Sun Nov 19, 2006 at 05:13:36 PM EST
What's so bad about Muslims having a local consensus-based understanding of their religion? Isn't that what had happened pretty much since the early times anyway (ahl al-medina, ahl al-kufa... leading on to the various madhhabs and their internal and external differences)?




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