So You Want the Magistrate to Enforce both Tables of the Law?

Does that make you more extreme than a Muslim? It very well may, according to Aaron Rock-Singer (you can’t make up a name like that).

On the one hand, Shari’a law admitted a diversity of mechanisms for enforcement:

Historically, Muslims understood the Shariʿa as a broad framework within which one could live a proper Islamic life. The Shariʿa represented a comprehensive ethical system, the bulk of which was not understood as law in the sense of regulations that state authorities must enforce. Instead, acts were divided into five categories: obligatory, recommended, neutral, disapproved, and forbidden. Crucially, it was only those acts that fell into the category of “forbidden” that were to be enforced by the state. Put differently, prior to the last 200 years, the obligations set forth by the Shariʿa, though they were obligatory for Muslims, neither assumed nor depended on enforcement by state authorities.

That’s an intriguing point if only because ecclesiastical authorities won’t enforce the Fourth Commandment (Third for the Roman Catholic slackers).

On the other hand, the insistence that civil authorities enforce Shari’a was a function of the West’s brilliant diplomatic hegemony:

With the onset of colonial rule, British and French officials made a momentous decision to implement foreign legal codes while limiting religious law to questions of personal status such as marriage and divorce. While Islamists today recall this moment as decisive because it limited the role of Shariʿa, just as important is the shift that they do not mention: that it codified the Shariʿa. In the place of the relative flexibility and accommodation to local diversity exercised by judges who were tied to local communities, state-appointed graduates of modern law schools, with little knowledge of over a millennium of Islamic legal scholarship, now interpreted a code of Islamic law. Crucially, however, legal codes were not solely a colonial imposition: in the late 19th century, the Ottoman Empire introduced a legal code, based on the dominant Sunni legal school in that area (Hanafism) in an attempt to formalize and define a civil legal code throughout the empire.

As Middle Eastern states gained independence over the first half of the 20th century, new secularist elites, like colonial officials, restricted the Shariʿa to family law. Notwithstanding their opposition to colonial rule, they were no more interested than their colonial predecessors in empowering Muslim scholars to interpret the Shariʿa. Instead, these new elites wanted to reshape the legal system to their own liking and in terms that they understood. Looking abroad, they saw the combination of military, political, and economic power that had enabled colonial rulers to take control of their countries, and sought to use law as a tool to expand the reach of their newly independent states. The appeal of a powerfully interventionist state would only grow as the United States and Soviet Union vied for Cold War supremacy.

In the shadow of a codified family law, powerful post-colonial states, and Cold War ideological contestation, Islamists began to argue that Shariʿa was central to state power.

The good news for folks worried that behind every Muslim is the Islamic equivalent of [insert name of favorite theonomist here], most Muslims are content with a separation of civil and religious law (in good 2k fashion, mind you):

A community whose roots go back to early migration between 1875 and 1912 from Greater Syria (an area that included what is now Syria, Lebanon, Jordan, Israel, and Palestine), Muslim American ranks grew following World War I following the fall of the Ottoman Empire. Between 1947 and 1960, Muslims increasingly arrived not only from the Middle East, but also from Eastern Europe, South Asia, and the Soviet Union. The past 40 years, in turn, have seen, once again, substantial immigration from the Middle East.

The American Muslim community is, as a 2007 Pew survey puts it, “Middle Class and Mostly Mainstream.” In this vein, American Muslims have, by and large, sought to live according to their religious obligations through a set of daily practices that bear little resemblance to the specter of “Creeping Shariʿazation.” Whether by securing permits to build mosques, observing dietary laws through Halal butcheries and restaurants, or buying shares in Islamic finance companies that allow them to purchase homes or pay for higher education while avoiding interest-bearing loans, American Muslims today work within the American legal system and live devout lives. And like members of so many other religious and ethnic minorities, Muslims have set up a number of political advocacy organizations. There is no evidence, however, that American Muslim organizations have ever attempted to replace the American constitution with an Islamic legal code.

America, the beautiful.

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One thought on “So You Want the Magistrate to Enforce both Tables of the Law?

  1. In order to defend Tim Keller, does Bill Evans push Kuyper under the bus of his Dutch political history?

    Evans quotes Bratt—“Kuyper so fundamentally assumed the patriarchy of separate gender spheres that he came to its overt defense only in late career, when the Netherlands began moving toward women’s suffrage. More broadly, he took the pattern of dichotomous thinking for granted; thus the long train of common grace and special grace, institute and organism, kernel and husk, everlasting principle and temporal application. . . . Kuyper’s solution was a justice of order more than of liberty or access. Kuyper: Modern Calvinist, Christian Democrat , 247).

    Bratt–“Feminism proper brought out his harsher tones. . . . God ordained males for strength, females for beauty, he said; man sinned as oppressor, woman as seductress. That contest was no contest, however; women won. There was a “magnetic power,” an “irresistible magnetic power,” in female charms that bent men to her will. So also there was a depth in her depravity quite below his: “The woman who sins sinks much deeper than does the man. She stands for nothing. Unrighteousness seizes her as a life-rule.” Not alone but also not least among the male commentators of his time, Kuyper was profoundly anxious about the power of female sexuality

    Evans– “What business does a school like Princeton Theological Seminary—an institution that is apparently committed to the feminist and LGBTQ+ social agenda—have awarding a Kuyper Prize for Excellence in Reformed Theology and Public Witness?”

    https://theecclesialcalvinist.wordpress.com/2017/03/22/a-kuyper-prize/

    Like

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