Saturday, February 3, 2007

The Laws of the State versus the Edicts of Religion


It seems that in an age where the rule of law is being challenged on more than one level across the globe and where many of the challenges are coming from the same people who enforce those laws, some are turning to an age old strategy: When all else fails, go to an even higher authority: God.

It is common practice in societies where religious identity is paramount that religious edicts (fatwas) hold a far more important place.

The rise of religious identity across the globe, and more specifically in the Middle East, is a symptom of the imperial and colonial policies of the West and the newly emergent globalization phenomenon. The dehumanizing effects of both have contributed to the disenchantment of whole populations whose attempts at “democracy,” “nationalism,” and “freedom,” were hampered by the far-reaching tentacles of the modern day empires of the USSR, Britain, France, Israel, the United States, China, and Japan. That, coupled with the oppression of large segments of Muslims by their own rulers, with the help of the Western powers, have driven many towards a more appealing and what is perceived as a more dignified sense of belonging and worth: religion.

In light of the deteriorating political situation in Lebanon (a fact aggravated by U.S. and Israeli meddling to eradicate any opposition to the current government), and in light of the recent clashes and deaths among college students along sectarian lines, fatwas were issued by both Sunni and Shi’a clerics making it forbidden (haraam) to kill other Muslims and Lebanese nationals (such killing is already forbidden under criminal law, of course). In this case, the fatwas were designed to reinforce current criminal law when emotional outbursts are high and the potential for large scale violence is imminent.

Religious fatwas have had their spot in the limelight in recent years, especially when mass produced by politically ambitious and occasionally delusional self-appointed wannabe religious legal experts. However, it is fair to say that they have been a life saver relative to the issues they were designed to address, mainly the ambiguous cases that do not have a precedent in religious or other law. Fatwas are not meant to address matters that have already been ruled on by the religion. For example: you cannot devise a fatwa that calls on people to kill others when it is already forbidden to do so in Islam. Fatwas were not designed to be whimsical edicts of personal preference, but well-thought out rulings based on the moral principles of the faith and history from which they derive.

Is this a trend that will continue among the Muslims of the Middle East? Maybe we will reach an age of "religious democracy" where people seek peace and justice through faith based edicts as opposed to national and international laws which do not have a significant compliance rate.

Something to consider in the midst of so-called "democratic principles" that are rammed down people's throats using high tech weapons and torture.

Marilyn.

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