Islam: The Straight Path – John L. Esposito [1998] – Chapter 3: Religious Life – Belief and Practice (Pt 2)

Below you will find my notes and random observations from the book indicated by the title of this post. It is hoped that it will be effortless to differentiate between those locations in which I provide information from the book proper and those in which I offer personal observation, illumination or pose further lines of inquiry. Whenever any doubt is evident it should be assumed that anything even remotely factual should be attributed to the author of the book and anything that would be construed as otherwise can be attributed to me personally.

Links to related posts: (Chapter 1, Chapter 2, Chapter 3 [Part 1][Part 2][Part 3])

During Muslim history there existed many regional schools of law but by the 19th century these had been reduced to four to represent the Sunni faith: the Hanafi, the Hanbali, the Maliki and the Shafi. These four schools have as their jurisdiction large geographic areas. Due to previously mentioned doctrinal differences, the Shii have pursued their own schools of law, the Jafari being foremost among them. Both schools of thought accept the Quran and the Sunna of the prophet but the Shii reject the establishment of law by consensus and by analogy. Instead the balance of the law is derived from the sunna and judgment of the infallible Imam, or failing that, the decision of his religious representatives.

To enforce the laws set forth by the schools, a system of courts was established. Muslim courts differ from western ones in a few key ways:

• Judges act only to interpret the law, not set precedent for future cases
• Two male witnesses are required for any crime. If this is not available then the crime must be sworn to “in front of God”(?) Note: The text is not terribly clear on this point and I’m further unsure how much this applies to modern courts versus traditional ones.
• No circumstantial evidence is allowed
• No witness cross examination is allowed
• Decisions are final with no appeal, though all decisions are reviewed by the Caliph. Note: Again, I’m not sure how much this applies to the modern day, though these courts only deal with matters of religious law rather than smaller civil matters which we’ll get into a bit further along.

The courts enforced the laws with the help of the muhtasib, a religious police force which still exists in some countries (Saudia Arabia, Kuwait and presumably others) and has recently seen a resurgence in others (Pakistan and Iran).

In addition to the Muslim courts, the Grievance Courts were set up to deal with matters of a more civil nature. The only real restriction on the laws for the Grievance Courts is that they must not directly conflict with Sharia. Generally, these courts deal with such matters as taxation, criminal law and business regulation.

The underlying premise of the law in general is that God is the leader and sole legislator of all human action. Islamic law is intended to be absolutely egalitarian without regard to race, creed or social stature. The actions which the law governs fall into two basic categories:

• Duties to God – prayer, almsgiving, fasting, etc
• Duties to Others – penal, commercial and family law

The Duties to God are represented by what is referred to as the Five Pillars of Islam:

1. Profession of faith – simply speaking, one must acknowledge that there is one God and that Muhammad is his prophet. The only unforgiveable sin is that of associating God with some other entity (such as Jesus) as this is viewed as polytheistic.
2. Prayer – Five times a day (dawn, noon, mid-afternoon, dusk and evening), the muezzin, or call to prayer sounds from a mosque and Muslims must face Mecca and pray. Each time of day has a set ritual that includes 2-4 positions and specific prayers which must be recited. On Fridays, all gather for prayers in a central Mosque. Men are required to attend but women are optional. If women do attend they stand at the back (often behind a curtain) to preserve their modesty during the proceedings. Friday is not traditionally a day of rest but in some countries has begun to replace the Christian Sunday tradition.
3. Almsgiving – Every Muslim is required to give 2.5% of his accumulated wealth to the poor each year. Note that this differs from income but is instead a percentage of whatever you have on hand. It’s unclear to me if the assessment of wealth includes only ready cash or also personal property. Traditionally this was collected in an official manner but lately it has been left to the individual to manage on their own though Pakistan, the Sudan and Libya have recently formalized this in the form of a tax.
4. Fast of Ramadan – In the month of Ramadan, Muslims fast from sunrise to sunset if their health permits. Neither food, nor drink nor sexual activity is permitted. The intent is to spend time during the month reflecting not only on the mercy of God but to contemplate the plight of those who are poor and hungry. At dusk a light meal is prepared (referred to as breakfast) and in the evening families visit and congregate for what is no doubt a larger than usual dinner. The mood seems exceptionally festive with special foods served only at Ramadan and prayers at Mosque. The month ends with a feast that is somewhat reminiscent of western Christmas.
5. Pilgrimage: The Hajj – After the month of Ramadan the month of Dhu al-Hijja signals the start of pilgrimage season. Once in their lifetimes Muslims must travel to Mecca to see the Kaba. The Kaba is a square house built around a sacred black stone. The Kaba is said to have been built by Ibrahim (Abraham) and Ismail around the stone given to them by the angel Gabriel representing God’s covenant with the Muslim people. The traditions of the Hajj are many:
1. circle the Kaba seven times (It’s not clear to me what this is symbolic of, if anything)
2. running between Safa and Marwa, two neighboring mounts, seven times symbolizing Hagar’s frantic search for water for her son Ismail. Most fascinatingly, if you do a quick image search for Safa and Marwa, you will find that an enclosed walkway has been built between them so pilgrims can walk without fear of the weather.
3. "stoning the devil" with the devil represented by three stone pillars
4. a visit to the plain of Arafat in which pilgrims stand from noon to dusk seeking forgiveness not only for themselves but for all Muslims
5. visiting the “Mount of Mercy” where the prophet made his last speech
6. the month of pilgrimage ends with a Feast of Sacrifice in which hundreds of animals are sacrificed and their meat given up to the poor
7. Lastly, the pilgrimage is a source of great pride among Muslims and some go so far as to prefix their names with ‘Hajji’ upon their return
6. The Struggle (jihad) – Unofficially, the sixth pillar of Islam is the jihad, or the struggle to realize God’s will on Earth. Most typically this takes the form of extending the Muslim community by education and preaching and leading by example by living a virtuous life. In the case of extremist groups, this has been taken to the extent of actual warfare against non-believers but that is not officially sanctioned by the Muslim community at large.

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