Nazir-Ali: How Mohammed Morsi, Egypt’s first Islamist president, interprets Sharia law will be a crucial test

Another, very different, scenario is, however, also possible. Egypt has a long
history of Islamic scholars seeking to understand Sharia in terms of
contemporary conditions and a concern for the common good. Muhammad Abduh
(d.1905), the Grand Mufti, who is venerated by both the Salafis and the
Muslim Brotherhood, wanted a “pure” Islam as well as one which was
compatible with reason and the conditions of the modern world. He wanted to
do away with traditional interpretations of Sharia and favoured a radical
reconstruction of Islamic law.

Even in his fatwas, he showed how this could be done, for example, by
declaring that bank interest did not fall under the prohibition of usury
(thus undermining the case for Islamic finance) and by holding that Muslims
could eat food produced by Jews and Christians. He argued for a legal system
which would take Sharia into account but in which considerations of the
common good would be of primacy importance.

This tradition of thought has been followed in Egypt by notable leaders such
as Rashid Rida, Al-Azhar and the present Grand Mufti, Sheikh Ali Gomaa. The
last two have pioneered new approaches to the notorious Islamic law on
apostasy. Instead of the three days traditionally allowed to the apostate
from Islam to repent or face execution, Al-Azhar scholars have argued that
such a person should be allowed a lifetime to repent.

Very bravely, Ali Gomaa has pronounced apostasy not to be punishable in this
life. He has also reiterated Abduh’s teaching on interest. Such rulings have
the potential to be influential not only in Egypt but across the world.

Even though there has been widespread opposition to this way of understanding
Sharia, it must be one of the ways forward for the new Egypt.

The West has been obsessed by the idea of a secular-led “Arab Spring”
but, in fact, there never was such a thing. The revolutions, throughout the
Arab world, have been led by Islamist-minded movements of one kind or
another.

Secular opponents of the ancien regime have joined in the overthrow of a
dictatorship but their options for the future appear limited.

Every effort must now be made to encourage a view of Islam, and particularly
of Sharia, which can lead an open and tolerant Egypt. What Egypt does today
will be globally significant tomorrow.

Abduh held that the unchanging principles of Islam should be related to
changing circumstances. The protection of the person, of reason, of property
and of the family can provide the basic principles around which Egyptian law
is developed. What is urgently needed is a reaffirmation of the principle
that there will be one law for all Egyptians which will seek to accommodate
the consciences and beliefs of different elements in society.

The Church should beware of accepting a situation where it is allowed its own
law, provided that Sharia can be enforced for Muslims. This would return
Christians to being second-class subjects and restrict the freedom of
expression and mobility for Muslims, especially women. The equality of all
before the law must be clearly stated and a commitment to common citizenship
rapidly developed.

Some kind of a Bill of Rights may be a first step. The armed forces cannot be
the sole guarantors of a plural Egypt; political parties, government
institutions and, in particular, Islamic organisations must commit
themselves to such a vision.

The alternative can be seen in many parts of the Muslim world and it is not
attractive. Egypt deserves better.

* Rt Rev Michael Nazir-Ali, former Bishop of Rochester, is author of
Conviction And Conflict: Islam, Christianity And World Order

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