Islamic Law Reform Through the Thought of Abdullahi Ahmed Al-Na’im: The Deconstruction and Reconstruction of Islamic Law

Generally, thinkers of Islamic law reform deconstruct the radical and discriminatory notion and practice of Islamic law in Muslim countries, such as Al-Na’im who has done so in his country -Sudan- since (Al-Na’im, 1988) has rebuilt a legal theory-the naskh theory-with a new theory, the reversed naskh theory or a theory of change in the understanding of Islamic law to revive the eliminated verses of the Qur’an caused by traditional script theory. When there is a verse of the Qur’an that contradicts humanity’s benefit, it should be ignored, and a more appropriate verse (naskh) is sought. In addition to the theory, (Al-Na’im, 1988) also puts forward the principle of reciprocity-everyone should treat others well, if he wants to be treated well-as a starting point to realize a moderate and non-discriminatory notion of Islamic law. Thus, the term shari’ah which is understood only as a result of human interpretation is seen to be contrary to the theory of Islamic law (tasyri’) which views shari’ah as something that can not be intervened by human thought (qath’i) because it is the law God and not the result of human thinking. The omission of qath’i value in shari’ah influences the paradigm shift of shari’ah which was once considered normative, sacred and can not be changed to be very flexible and dynamic in fulfilling the needs and the benefit of humanity. This study concludes that Islamic public law, in the perspective of Al-Na’im, appears unfair, unfriendly and intolerant, which consequently make public Islamic law not functional in modern life. At present the alternative Islamic law which should be understood and practiced is based on the facts of reality supported by two arguments: moral arguments and empirical arguments, both defending humanitarian values so that Islamic public law will always solve humanitarian problems, not otherwise bring up problems caused by extremism. Muslims have rights to define their beliefs in their Islamic identity, including the practice of public Islamic law by not depriving the legitimacy of individual’s or group’s rights both inside and outside the Muslim community.