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Saturday, October 24, 2009

Raja Petra Kamaruddin’s Confusion: Shariah vs Fiqh

Here's is my part of a series of writings about Raja Petra's glaring mistakes in his understanding of Islam and also his attempt to spread his confusion to the masses.
Raja Petra in his latest article is quoted to be saying():

“However, as I have written in the last few articles, the Shariah is not constant and neither standardised. The interpretation of the Shariah developed over 300 years from the mid-600s to the mid-900s. And there are variants to the interpretation, depending on time and place.
Sudan, Turkey, Egypt, Iran, Saudi Arabia, Iraq, Afghanistan, India, the UK, Pakistan, Malaysia, Indonesia, etc., all have different variants to the interpretation of the Shariah. Some even combine the Shariah with Roman, Greek, English, French, Italian, etc., laws. So which version is Zul talking about?
If you want, I can go into detail on the different interpretations of the Shariah. But this will take, maybe, 20 or 30 pages and I am sure many of you would just skip it without bothering to read it because you will find it boring or not of concern to you.”


Apparently, this is the source of Raja Petra’s confusion. He is unable to distinguish between “Fiqh” and “Shariah”. Allow me to quote Noah Feldman from his brilliant article whom I have quoted so many times:

“In fact, “Shariah” is not the word traditionally used in Arabic to refer to the processes of Islamic legal reasoning or the rulings produced through it: that word is fiqh, meaning something like Islamic jurisprudence. The word “Shariah” connotes a connection to the divine, a set of unchanging beliefs and principles that order life in accordance with God’s will. Westerners typically imagine that Shariah advocates simply want to use the Koran as their legal code. But the reality is much more complicated. Islamist politicians tend to be very vague about exactly what it would mean for Shariah to be the source for the law of the land — and with good reason, because just adopting such a principle would not determine how the legal system would actually operate.”
( )

In truth, Shariah is a set of laws shown to us from Divine sources that cannot be compromised i.e. prohibition of iqour, fornication, adultery, usury etc. These laws are set and fixed and remain fixed until the end of time.

“Fiqh” on the hand is the product of “Ijtihad” which in turn requires “mujtahid” to make interpretations or current circumstances in order to allow shariah to be applied effectively. The Fiqh is where all variations occur because in matters of fiqh, the Quran and Sunnah is silent.
Malaysia is already a hybrid state as we speak
RPK says:

“Yes, that is what the Thesaurus has to say about the word hybrid. So, a Hybrid State, as opposed to a Secular State, Theocratic State, Republic, Monarchy (meaning absolute monarchy and not Constitutional Monarchy), and whatnot, would mean it is a state that is a mixture of two or more systems.
Malaysians have a name for this. Malaysians call it rojak. And rojak would be similar to the English salad, except that it is hotter (meaning spicy rather than temperature), a mix of many types of fruits and vegetables. Hey, is the tomato a fruit or vegetable? The jury is out on that one as is the argument about whether the chicken or the egg came first. Did the chicken come from an egg or the egg that came from a chicken?
I will let Zul sort this one out as I am sure if he can make sense from a Hybrid State then he can certainly answer the question as to whether the chicken or the egg came first.”


In case RPK has been living elsewhere, Malaysia has been existing as a hybrid state since it’s inception. That is why the various Shariah courts are recognized and never considered to be illegal or ultra vires to the constitution.
In fact, shariah courts preceeds the Federal Constitution by about 2 centuries. So, for Raja Petra to think that Malaysia is a secular state is a clear sign of misapprehension. (Read here for more information http://www.malaysiawaves.com/2009/08/shariah-law-has-been-enacted-in.html)

RPK, you need to stop interpreting Islam from the English version of the Quran. That is your source of confusion. The Quran is in Arabic and it was sent down in Arabic. As such, it must be interpreted and understood in it’s original language.
Then only you can tell the difference between confusion and clarity within the Islamic world.

Tulang Besi

24 comments:

Reject PAS said...

support 1Malaysia and keep Malaysia at current statue quo, happy ending for all. Support PAS = hudud = scary = instability = bad economy

dreamerofdreams said...

Sir, do correct me if i am wrong but i understand that fiqh is the interpretation of shariah. since this interpretation, meaning fiqh, in the history of islamic jurisprudence has seen a huge diversity, then i believe it is correct that there is not standard interpretation of the shariah, right? meaning it is correct to point out the question, whose interpretation of shariah, or whose fiqh, are we referring to in establishing an islamic state?

Anonymous said...

SIAPA ULAMAK PALSU DALAM PAS ?

JAWAPAN NYA DI

WWW.MALAYSIABARU.COM

Anonymous said...

Yalah,RPK is as reatard as those ulamak palsu's n serban wearing penipus!!

Anonymous said...

I suspect,RPK's kelentongs/spins/bullshits were intruemntal in influencing the Agung,the Sultans..in 2007,i remember clearly,he wrote (in a response..Raja Muda of perak whom we love)..and after the coup,he even tried his best defending the Sultan of Perak..and The Yang Dipertuan Agung's selection of Mechedeh Benh as the MB of Ganu has proven to be,equally teruk..i suspect,TGHH was very much infleunced by these "shadowy" fraksis of UMNO ..the 3M(Melayu,Muslim,majority) policy,The Yang Dipertaun Agungs criterias..u know..lah..but now,they r beginning to realise the power of rakayat!!

Anonymous said...

[Yusufali 21:30] Do not the Unbelievers see that the heavens and the earth were joined together (as one unit of creation), before we clove them asunder? We made from water every living thing. Will they not then believe?

Allah's principals,laws,mechanics r transcedental..if we use our limited logic to tafsir Allah's laws,haha,we will forever "merry go round the bush..round the bush" and will NEVER be able to judge/conclude things correctly..honesltly speaking,the sainst,mystics of THE HIGHEST ORDER will be able to 'see",and feel the magnitude of ALLAh..and on a much much lower level,it's the modern scientist who have "caught' certain truths of those laws..and our problem is compounded by the fact,we asians have adpoopted everything mat sarreh in order to hidup and cari makan,and the asiatic spirit is alsmot talak meh..gone..poof..and our religious institutions are decadent!!

Anonymous said...

[Yusufali 21:30] Do not the Unbelievers see that the heavens and the earth were joined together (as one unit of creation), before we clove them asunder? We made from water every living thing. Will they not then believe?

why this verse declares heaven and earth as one unit?Is the "water" our air biasa that flows from the pipes/rubber hose?

Anonymous said...

baru teringat..the chinese too have this legnd of heaven reuniting with earth..btw,the chinese regards the dragon as the infinite

Tulang Besi said...

I suspect,RPK's kelentongs/spins/bullshits were intruemntal in influencing the Agung,the Sultans..in 2007,i remember clearly,he wrote (in a response..Raja Muda of perak whom we love)..and after the coup,he even tried his best defending the Sultan of Perak...

I support Raja Petra in the Perak royalty issue.

It's only in matters of Islam that he is a bit confused.

Anonymous said...

You should tell Anwar to stop paying RPK to write.

You guys started the mess anyway. deal with it laa.

Kalau kt Pakistan, RPK dah lama kena bom!

lleekh said...

The quran was sent down in Arabic!!
SO you also believe that there is a copy of the "book" in heaven? Why not a cd rom or a thumb drive? Anyone who has any knowledge nowadays would know of when, the different versions of how, the quran came into being. But why do people like yourself persist with repeating myths? Does the religion depend on our feigned ignorance? The problem when you try to fit in current and local human situations and events to some ancient codes of behavior that was shaped by the lives and experiences of people who roam the desert during the ancient times you have to perform language acrobatics.
From a general point of view I would say is that the problem is like so: One group, call them fundamentalist or romanticist.. tries to get everyone to go back to the original times and the other group, modernist, pragmatist.. is trying to interprete the old rules to fit current times and local conditions. Thus this quarrel. Unfortunately for the first group the infidels worked hard at discovering and understanding all things around them. They just believe their eyes. SO they say the "sun rises in the east and sets in the west and prostrates itself at the foot of god till he is given permission to rise again..". While the 2nd group says ...use your head "the sun does not rise or set..the earth rotates.. your eyes are deceiving you".
And you sir, have an obligation to use your head too! A lot of discoveries has been made by man since the prophet's passing. Sometimes I do wonder if the "wrong" interpretation of Arabic has made most of the countries which has adopted Islam poor and backward?

wong said...

whatever , money still talk..all these debates is syiok sendiri..ask the sltan of perak as head of islam..still money talk..
while u guys are debating....the sultan is now happy hours.

cheers!

Li Huat Chai said...

Sir, in all honesty, wong said it right - it is all about money.

What justice la, fairness la, are only lip services only - all bluff. But MONEY is real !!!


Sir, I dont mean to be disrespect but this religion thing is a myth la or can i say, mystery. Or, too deep to be fathomed...

I would say no one can really say or claim that his or her interpretation of a religion is the right one.

Anonymous said...

// support Raja Petra in the Perak royalty issue.//
RPK is begining to realise that his plan to appoint hallucinating zombies like Ku Li,and Malayali Kutty to reform UMNO and take over the leadership of UMNO wont work anymore,so his toning dowen his rhetorics(Sekarng dia jagi penjilat punkoq Zaid Ibrahim pulak)

Anonymous said...

I will continuee to suspect RPK as as trojan horse.Basically he is an emotional,highly egoiistic fella,who wants to be "somebody" .I belive he is one of those Chandra Muzaffars,Nallakaruppans,Waythamoorthy who were told to inflitrate keadilan,and bikin kacaulah,but RPK,has this delusion of being mr.somebody,and he "caught" the fever of Reformasi,so for a brief moment,he acted,and did things passionately via FAC.After Anwar's release,he went back to his usual selflah,this time silent working with pariah malayali kutty to topple Badawi.he is definately being protected by certain groups of people(most likely by mahatiak and the royal stouts..he afterall smoke cuban cigars with The Agung whaat..as a result,the maniac antijihadist article could have finished RPK 2 years ago!)

Anonymous said...

//I would say no one can really say or claim that his or her interpretation of a religion is the right one.//
that's becos human being r under the influence of falsehood!!All the principals of our physical universe takes a dramatic shape in upper hemispheres(beyond physical),and scientist r trying to catch what's beyond the physical universe.Honestly speaking our saving grace is the soul..if the soul had not been is us,we would have been finsihed long ago..it's the pressures from the soul that drives people towrds GOD,Divine,Spirituality,but we r too f*kin hell busy with the externals and mentalised versions of truth..Allah's wisdom is way to vast,way too infiinte and way to powerful..the hindus in ancient times discoved all the hukums of ALLAH /Brahman..afterall there is only ONE ABSOLUTE,ONE SUPREME REALITY..only things is we call THAT ONE IN DIFFEReNT NAMES THAT ALL..

Anonymous said...

The water,is the supreme life force(para prakriti in vedic term),the single unit,is the undifferentiated sight/vision of the absolute..in the absolute,there is no dvision at all..the same divine substance everhwere,in infinite number of shapes and forms..the whole alpha ,omega of islam about surrendering/submitting to Allah..our ego,our everything is surrenderd/sacrificed in exchange of Allah grace,love,knowledge,power..it's safe to say,muslims (wheter they realise it or not) are worshipper of the infinte..

Anonymous said...

Nowadays,it's fashionable to have intellectuals trained in a western school of thought to project religion in a western framework.. tariq ramadan, farish noor,deepak chopras r some examples..and as result,there will always be conflict between the western types and the pro traditional types..,this battle between secular vs orthodoxy teaching will go on forever..both camps stubbornly stick to their versions,as a result,they miss,the lighting impulses of intuition that come direct without a sound.

Anonymous said...

How wonderful is Allah's grace..it's a simple,orphaned,illiterate person who became the chosen one,and shook up this world..

Anonymous said...

And here is Malasyia,simple words/phrases frm a simple,humble,devotee/ servant/ lover of Allah is creating a storm..

Anonymous said...

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oh boy oh boy..ini exclusive raba raba club for the very very important pariahs(VVIP)..kesemua geng RPK..hehe..

Anonymous said...

Paper says RPK dah bankrup..financially/emotionally/politically/menatlly..kesemua sekali..;-)

Anonymous said...

paper oso wanna know who financing him..yalah..dah bankrup kalu..dia ada dua opsen..juai mt.m2day.com..harakah and mt.m2day sama sama value o..or maybe perdana foundation dagh lama bayar dia,utk jadi soon zoo of da net...kahkahkah

Anonymous said...

Si RPK ni memang terlibat dlm macam macam muslihat..dia nak tumbangkan najib..dan psst psst dgn royal stouts utk lantik the purest of all malays,the einstein of finance,the bluest of blue malay,ku li..(ku li jadi pm,malayali pariah jadi advisor lah,macm lee ikan yu)..malangnya,"rakaman" video still not working to get rid of najib..so lari lah 2 "tie me kangaroo down sport..tie me kangaroo down"..kahkahkah

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