The Right To Question And The Issue Of Legitimacy

A recent post about some South African paper on Safiyyahs' blog brought up some passionate issues, at least for me. In discussing these issues I came to realize how much my position has changed since I've come to live in Saudi Arabia and I do wonder if that holds true for others as well. I've never identified with a particular group of Muslim, be it Sunni, Shia, Sufi, or whatever. I've never limited myself to one understanding and have tried my best to keep my mind open to other opinions and legal rulings. I have studied some on a scholastic level and I prefer the places where all voices are heard and one is not preferred above another. I feel we have a long line of scholarship and variant views and that we should take advantage of it and soak it all up. If nothing at least we could come to understand, although not agree with, anothers point of view.

I also believe that political and social conditions of the time have a major impact on legal rulings or spiritual understandings when it comes to the Muslim ummah. I've learned that taking rulings outside of the cultural and political atmosphere can lead to a total misunderstanding. I've also did my best to refer to the sources that one may look to in order to support their views. Now there are times that I may totally agree but I've usually said "they have a basis". This would get me into hot water when speaking on sect issues with say a Sunni when it comes to a Shia or vice versa. But my position wasn't to actually agree, only to understand their view and allow for its legitimacy.

Since moving to Saudi the question of giving legitimacy has largely changed for me. Considering I had the advantage of not living under a groups, or persons, understanding that was forced upon me or others around me I had the luxury of allowing for legitimacy. Since I wasn't affected by it, I had the ability to agree to disagree and not be forced to adhere to something I didn't want. If one masjid was following a particular view point that I found objectionable I could always up and leave it, I had that freedom, I had that choice. It wasn't until I was placed in a living situation that I saw and experienced a life that didn't allow for such freedoms or any choice that I questioned the justness of granting various voices legitimacy especially when they sought to impose their understanding on so many others. I, like so many other Muslims around the world, lived in a idealized world not filled with much reality. I could give legitimacy to a position no matter how objectionable I found as long as it had some basis. I had the ability not to apply it in my life, I had the freedom not to have it imposed upon me, but I failed to understand the impact of such positions.

I live in a society that says that women can not be educated unless their male guardians say they can. I live in a country that doesn't permit a woman to travel by plane from one city to another even if it is to see their dying mother unless they have authority from their guardian. I am surrounded by a 'religious ruling body' that seeks to shut up those who oppose them, not matter how legitimate their view is, by force, imprisonment and lashing. I have seen families destroyed, seen women suffer, seen the eyes of a child who wants protection from a thinking that they shouldn't have it. It is only after experiencing the affects that I have come to reject the idea of granting legitimacy to what I see as totally wrong.

This goes beyond the question of *IF* someone can derive a particular understanding from the sources. For I can dish out so many offensive rulings that are based on some ones understanding of the Qur'an and Sunnah. It becomes the question of what is the true understanding of Islam. This doesn't necessarily cut out the ability to disagree and have various viewpoints. Where you place your hands in salah isn't going to have a major oppressing impact on a larger society. However saying that a child can be beaten by their parents on a daily basis and they have that right is a whole different matter. And this is the law here in Saudi Arabia, if you beat your child it is your right, as long as that child isn't in the hospital over a certain period of days. The same goes for a wife, beat her no problem, but not to the point where she has to remain in the hospital past the required number of days. You can brake her nose, have it set and released in a 24 hour period, nothing can be done. You can brake your child's arm have it set and the child released in a few hours and it is ok. This is based on their understanding of the sources and represents, for them, the shariah.

The oppression of so many in our ummah in various lands of the world happens because we give legitimacy to such different views. We say as long as it has a basis in Qur'an and Sunnah we must not question their right to do so. That would be fine if our ummah lived in a utopia that allowed for the freedom to not be affected by such understandings, but here in reality there are millions who are. Giving legitimacy gives clearly wrong and erred understandings a stamp of approval which does nothing more than hamper the growth of the ummah, intellectually, as a society, and spiritually. Most important is that individuals will be affected in a negative way be it in regards to their daily life and activities or their diyn.

I have always had a difficult time accepting the thought that Muslims, everyday Muslims, who make lack some ones idea of rightful criteria can question rulings or views put out by those seemingly more educated or righteous than we lower Muslims may be. This is not only due to that the fact that it is questioning things that has led me to Islam, or that I understand the Qur'ans admonishment of past generations who did not questions those who took lead in their lives, but I also recall when the early leaders like Abu Bakr r.a, Umar r.a and others sought to be questioned sought to be corrected if need be. The recognition that anyone, not just someone learned could stand up to them and say "hey I believe your wrong here and this is why" be it publicly or privately is a matter Muslims often boast about to declare how righteous these leaders were. Yet in the next breath I'm supposed to believe that just because I live in the year of 2006 that I'm unable, nay unqualified to question those who assume a leadership position because I'm not educated enough. Because I haven't "put in the years" of study that it takes to get where scholars are in the matter of intelligence. I believe it to be an absurd position that the everyday uneducated and for the most part illiterate Muslims of 1400+ years ago could challenge the rulings or ideas of the Sahhaba and yet I, although not a PHD holder but also not illiterate, can't question the rulings of scholars of today, or even of the past.

It is the thought that one can't question the legitimacy of a scholars ruling be it based on the foundation of the Qur'an and sunnah or of the major madhab or scholars that I have a huge problem with especially living in Saudi Arabia. I find it impossible to suggest that women here can not question the rulings that do nothing but hamper them and oppress them within this society. I find it impossible because I see it as a total injustice and a grave error to do so. I am of the view that everyone has the right and the duty to rise up against what they may deem is wrong. I believe all Muslims have the duty to stand up and call a spade a spade, a misogynistic ruling as one, a ruling that is void of common sense as one, an understanding that is plain stupid as one. So that everyone is clear on what I'm talking about here are some examples

1. A woman who is beaten by her husband should be able to rise up against rules that do nothing but keep her in a violent situation. And the rules should not seek to punish her for seeking to get out of it.

2. A child should be protected from the harm that is put on them by parents and all should rise up against a system that not only allows such abuse but empowers the abuser

3. No child or woman should be punished because a man denies the child born in a marriage union unless he can prove by all needed evidence that the child is not his. And current scientific advances should be used in not only a proper way but also in one that gives it the value it deserves.

4. A female should have the right to choose to be educated

5. A woman should be free to marry whom she chooses as long as it is a halal marriage. The suitor should not be denied because of lineage, how long he has been Muslim or any other social status

6. Woman should be able to decide her own medical care, do as she wishes with her own property, purchase anything she so chooses without the approval of a male guardian especially if it happens to be her own 14 year old child.

I could go on but I think the level of which I'm speaking should be clear. And before one toots the horn of this being a refection of 'wahhabism' versus of the 'shariah' do the research first than get back to me. And if one agrees that such things should be questioned but wants to place a limitation to only what they have accepted as legitimate than I suggest such obvious double standards be kept to oneself. I am in no way suggesting that people who question don't have some ulterior motive and seek to do so due to a drive of their nafs, or ego, or ill intent. Such things can be clearly pointed out. But to shut up every voice that may counter accepted views, or ones that are given legitimacy by the majority of Muslims is wrong and it has a damaging affect on so much of our Muslim ummah.

Perhaps it would be good if those who toot the horn that we have no right to question a 'legitimate' ruling should live under imposed shariah. I believe it is easier to do so when you have the freedom to disagree or not have various rulings imposed on you. It is a whole other deal when it is and you disagree and want things to change because you see the harm it is doing to your fellow Muslims in the society in which you live. Perhaps being up close and personal with reality rather than living the luxury of idealism is the best thing that has been given to me by living her in Saudi. Its quite painful but sobering.