Islam critiqued loses all orientation; the flexibe sharia?

In answer to the video "Allah is NOT Forgiving, Merciful or Loving"

The Quran explicitly addresses only a handful of principle issues, leaving the rest to the Prophetic Sunna. These are the transmitted Oral records of the teachings, deeds and sayings, silent permissions or disapprovals of the prophet, as well as various reports of his companions and household. That prophetic sunna itself is largely concerned with matters of worship and the basic foundation of social, human justice.

That is why the biggest part of the Sacred Law is the result of a jurist' own independent mental deductions, which is called in Islamic law, ijtihad. If one looks at the compilations of the Traditions, the chapters concerning ritual worship are far longer than those on social transactions. The reason is that acts of ritual worship are independent of changes throughout time. In contrast, social transactions require explanation according to the changes in circumstances and eras.

Binding people with fixed and uniform rules would be harsh and inconvenient. There is thus very little room for analogical reasoning in matters of ritual worship, while in social transactions it operates on a very wide scale. In the Quran too, the commands regarding transactions are mostly framed in general and universal terms. Malik ibn Anas, the author of the Muwatta', rejected a suggestion by the Abbasid caliph Abu Jaafar al-Mansur to enforce his juristic doctrines as the law of the land. The caliph said

“I have decided to copy your book, send one copy of it to each of the regions of the caliphate, and order [the people] to abide by it and not leave it to anything else”. Malik replied “O leader of the faithful, do not do so, for people have already learnt certain views and known certain traditions, and the inhabitants of each region have adhered to one or the other of the different opinions of the Companions of God’s Apostle and others according to which their religious practice has been shaped. Preventing them from that will be hard, so leave people to their practice and to what they have chosen for themselves".

It is to be noted that following the prophet, the successive leaders of the Muslim nation that came after the 4 rightly guided caliphs (AbuBakr-Umar-Uthman-Ali) progressively carried on political roles rather than religious. This became the field of the ulama'.

The result is that very few laws are set in stone, leading to much diversity in legal Muslim opinion. Therefore, a clear distinction should be made between the jurists’ rulings based on Islamic sources and the rulings based on their personal opinions. Muslim jurists have always developed different rulings based on their interpretations and contextualization of the texts compared with the ever changing contexts that have surrounded them.

This is the wisdom of the final revelation, leaving many matters open to interpretation to allow flexibility in matters that may be contingent on circumstances and human experiences as Islam crosses various civilizations, generations, and eras. One of the seven renowned jurists of Madinah, Imam al-Qasim b. Muhammad. Abi Bakr (d.107H) stated,

“The differences amongst the companions of the Prophet Muhammad are a mercy for the servants of God”.

A person once informed the great jurist Imam Ahmad ibn Hanbal (d.241H) that a book had been written called “The Book of Differences”, and he responded that it should instead have been called “The Book of Flexibility”.

The prophet himself encouraged this kind of analogical reasoning in social matters. When he was about to send Muadh ibn Jabal to Yemen, he asked

“How will you judge when the occasion of deciding a case arises?” He replied: “I shall judge in accordance with God’s Book.” He asked: “[What will you do] if you do not find any guidance in God’s Book?” He replied: “[I shall act] in accordance with the Sunnah of God’s Apostle”. He asked: “[What will you do] if you do not find any guidance in the Sunnah of the Apostle of God and in God’s Book?” He replied: “I shall do my best to form an opinion and I shall spare no effort.” The Apostle of God then patted him on the chest and said: “Praise be to God, Who has helped the messenger of the Apostle of God to find something which pleases the Apostle of God”.

Many religious commands within the Quran are thus ambiguously framed, as a mercy and leniency. Believers are encouraged to leave them as they are instead of seeking a firm and definite interpretations 5:101-2.

This principle allows jurists to define according to their own time, space and circumstances what constitutes offenses like fasad fil ard. Whatever the conclusion be, it must be in accordance with the principles of morality and wisdom laid down in the Book. In 5:33-4 for instance, the type of crime spoken of isnt a one time offence with limited impact on the society but a steady and repeated evil, without any sign of abating, with far reaching consequences and that destabilize the society as a whole.

The passage's historical background is that of a group of people who came to Medina, they ate, rested and later in the day robbed and butchered an innocent shepherd to pieces. These criminals then cut the limbs, decapitated the shepherd(s), gouged their eyes out. After they fled, they also went on to rape women.

Secular societies have hundreds of changing, evolving laws enacted throughout the centuries by groups holding completely different worldviews. And although the Sharia law, and even the many Mosaic laws, has much less number of laws, life in a secular environment seems freer and more agreeable. This is due to Sharia not seeking to conform to the changing human whims, and their base desires. The secular system on the other hand is permissive in the essential aspects of the individual, including, sexuality, gender interaction or spirituality, which is very appealing.