The Qur'an and the six canonical Hadith collections primarily formed the twin pillars of the sources from which the scholars of Islam developed the principles of Sharia and the commandments of the Islamic laws. These try to give prescriptions and proscriptions for all human conducts imaginable.
But is it not possible that God wanted humans to use their brains and rational faculties, and that He did not provide step-by-step instructions for all the questions in life simply to be obeyed by humans without reflection or questioning? Although in Islam, there exists an important concept called ijtihad -- independent reasoning in legal matters -- the literalist, textual fundamentalist scholars declared this principle to be inoperable whenever there are clear-cut, decisive textual statements in the sacred texts on the issue in question. There is also a debate as to whether the gates of ijtihad were closed after the 10th century CE. While most traditional Islamic scholars and jurists still consider ijtihad to be the exclusive domain and prerogative of the preeminent religious scholars (mujtahid), and not for the general public, other scholars do not.
In the early days of Islam, right after the passing away of the Prophet Muhammad, Muslims splintered into many sects and factions. There were endless debates on the issues of religious doctrine, theology, and religious law, due to divergent interpretations of the Qur'an and the Hadiths. During that period, a group of theologians called the Mutazila, who based their theology on reason and rational thinking in conjunction with the sacred texts, waged an intellectual battle with the traditionalists, who gave absolute primacy to strict literal interpretations of the revealed texts: the Quran and the Hadith. Unfortunately for the future of the Islamic tradition, the literal traditionalists won the struggle, and went on to establish among the Sunni Muslims the four legal schools of Sharia, which became the dominant form of Islam from then onwards.
This mainstream, legalistic, text-bound, literalist Islam -- now the dominant strain and controlled by the traditional Muslim scholars -- is a mixture of both humanistic ethical values, combined with supremacist ethos, as it developed throughout the centuries. Due to its literalist tradition, it does not have the flexibility or the ability to overcome interpretations of the scriptures that are inimical to pluralistic and humanistic values.
Many equate this literalist, legalistic, text-bound Islam to be the "true" Islam. But just because it is the dominant form of Islam does not mean that it is the "true" Islam. A careful study of the history of Islam indicates that this view is utterly unwarranted. Religious traditions have changed and evolved over time, based on the understandings, interpretations, and practices of their adherents. Therefore, it is the duty of us Muslims, using reason and common sense, to reinterpret the scriptures to bring about an Islam that affirms and promotes universally accepted human rights and values.
Classical Islamic law is a synthesis and deduction of rulings from the Quran and Hadith by the medieval scholars from when Muslims were powerful. Beheadings and enslavement at that time were widespread among many societies, not unique to the practice of Islam. Muslims believe that in the Quran we have a document from God that provides ethical guidance and moral lessons from the Prophet and his followers in the language many at the time understood. They allude to the practices and conduct suitable for the time and place in which the Prophet lived and was trying to influence people.
There were many actions of the Prophet recorded in the "authentic" Hadith, such as holding slaves, carrying out beheadings and so on, which are not easy to accept according to the present day norms, to say the least. But for the textual literalists, there is no question that whatever the Prophet did, as recorded in the approved texts, must be accepted and emulated without any question or hesitation. And in order to strengthen their text-based legal methodology, the textual literalists elevated the status of the so called "authentic" Hadith to the status of the divine scripture, almost equivalent to the status of the Qur'an, believed by almost all Muslims to be the literal word of Allah relayed to the Prophet.
For the rest of us, however, first, we need to realize that the "approved" texts were recorded by early methods and at least after a century or two after the passing of the Prophet in an age of violent sectarian conflicts. Therefore, it might be wise to take with a big grain of salt, the accuracy of these so called "approved" texts. Second, if the actions of the Prophet were so important as exact examples, then, why didn't he or his God make sure that authoritative, unambiguous, contemporary recordings of the actions were written down for posterity to follow? Either the Prophet or his God, or both, did not have foresight, or more than likely, these actions were not meant to be exactly copied and emulated, especially in different times, different places, and under vastly different circumstances.
While it is true that there are eternal principles in the Qur'an and the Hadith, such as peace, justice, and mercy, which are universal values, and therefore, incumbent on everyone to believe and practice at all times and at all places, it is also true that it is a betrayal of the true spirit of Islam to assume that God wanted Muslims to follow the Prophet blindly, slavishly, without thinking and reflecting. Is it possible, therefore, that the close-minded, literalist and text-bound tradition is a betrayal of the true spirit of Islam?
The pitfalls of the literalist methodology can be illustrated by looking at any textual document. The First Amendment to the U.S. Constitution, for example, affirms freedom of speech. But we know that, to "shout fire in a crowded theater" (when there is no fire), for example, endangering public safety, does not fall under the protection of the First Amendment. Any text by its very nature is finite and limited, and therefore cannot be comprehensive. Therefore, to be a strict literalist is to live in constant conflict with common sense and with practical reason. According to the literalist classical scholars of Islam, "justice" is achieved only by being obedient to God and reason by itself is not to be trusted to decide what is just and unjust.
For these literalist, text-bound scholars, there are no objective standards of right or wrong by using reason alone. In the mind of the literalists, the killing of innocents, for example, is wrong not because we learn from experience or reason, but because that is what God says in the Qur'an and the Hadith. According to them, God could just as well have said, for example, in the scripture that the killing of innocents is right, and therefore that makes it right.
The god of these scholars is not therefore a merciful and rational God but a god of power whose motto is: "Might is right!" In order to preserve the absolute omnipotence of God, these scholars sacrifice rationality as an essential attribute of God.
As Prof. Robert Reilly writes in the article, "The Formidable Philosophical Obstacles to Islamic Constitutionalism":
"There is a realm within which man is legitimately semi-autonomous and sovereign. Through his reason, he is called upon [to] figure out how to rule it and himself ... God [in the Judeo-Christian tradition] speaks to man with equal force through his reason, as He does through revelation. Reason, therefore, is morally legitimate as a source of law. What is reasonable is morally good."If we Muslims want to stand up and challenge the literalism of the text-bound scholars and the militants who are beheading, enslaving and persecuting people around the world alike, we need to develop an interpretative methodology that balances revelation with reason as in other rational, religious traditions.
The militants are idealistic and impatient, and part of an ideology that has essentially become frozen in time, while the other Muslims are more careful, patient and circumspect, and dwell in a tolerant society without resorting to violence.
That is why many of these literalists believe that peace, justice and mercy (all interpreted according to the classical Sharia) can be achieved only under the sovereignty or hegemony of Islamic rule. And that is also why the OIC (Organization of Islamic Conference, since renamed the Organization of Islamic Cooperation), in 1990 came up with its own version of a human rights declaration, the Cairo Declaration on Human Rights in Islam -- based on Sharia law -- to supersede the Universal Declaration of Human Rights, approved by the UN in 1948.
So the vital question is: Can't we Muslims also learn from all of human history and all of nature -- the arts and the sciences -- which are also created and originated from God, as in "the Laws of Nature and of Nature's God," as stated in the U.S. Declaration of Independence?
There are signs and hints in the natural world that provide guidance from the Creator on a continuing basis, even after all the textual revelations. Although God has stopped sending His messages (revelations) through human messengers, He is still providing messages, in the form of natural phenomena in the world He created, so that human beings can experiment and learn, and benefit -- using reason and reflection.
Slavery and beheadings may have been suitable at some time in human history. But just because it is in the scriptural texts, it does not mean that we need to follow them to the letter so literally, for eternity -- unless we happen to agree with the literalists, and reject using reason and thinking to learn from the natural sciences and the experiences of human history.
A religion that prescribes killing or criminalizing apostates; condones institutionalized slavery, stoning, beheading, flogging, and amputations; which restricts and criminalizes freedom of speech and freedom of religion; commands the stoning of adulterers; develops a theory of constant state of war with non-believers; discriminates and demeans women and people of other religions is not only "The Religion of the Bigots" but it is also the Religion of the Bullies.
Classical Islamic law, developed over the history of Islam, is definitely not peaceful or benign, and therefore not suitable for this age; neither are its violent and grotesque progeny such as Islamism and jihadism.
If we Muslims believe that "true" Islam, which is genuinely aligned with the will of the Creator, must be fundamentally peaceful, comprehensively merciful and objectively just, then it is our duty to cleanse the traditional, literalist, classical Islam and purify it to make an Islam that is worthy to be called a beautiful religion.
Credit to Ahmed Vanya , based in San Jose, California, is a fellow at the American Islamic Forum for Democracy
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