Hello Tahir
First of all, let me acknowledge up front that
your questions are legitimate and valid by all
counts. These are theological challenges faced
by reformist Muslims precisely because Islam,
like any other ideology is a closed system of
belief allowing for very little evolutionary
thought.
Nevertheless, well-meaning people sometimes
attempt creative solutions within the framework
of Islam in an effort to resolve long-standing
social and philosophical quandaries. My attempt
to separate the temporal aspects of the faith
with its spiritual beliefs falls within this
category, knowing full well that there are many
shortcomings with this approach.
The verse of the Quran that you cite can be
suspended. All of the Quran’s
regulations dealing with special commandments
have to be weighed against its overarching
principles of ensuring peace and justice in
society. If, due to changed circumstances, the
Quran’s injunctions dealing with specificities
come into conflict with its overarching
principles, then it is only appropriate to
uphold the overarching principles of justice and
benevolence rather than the specificities that
the Quran deals with. You can accuse me of
cherry-picking if you want, but there is
historical precedent for my stance in Omar bin
Khattab's edicts about suspending Quranic
punishments.
Now about ijtihad. I was merely quoting Iqbal. I
am not a proponent of ijtihad. I am in fact a
staunch advocate of the separation of religion
and state. Laws should be enacted based on the
needs of communities and societies, not on
religious dicta.
If at times I give the impression of advocating
ijtihad, it is only in the context of existing
sharia-based societes that will not accept the
guidelines of Jeffersonian democracy, at least
at this point in time. Some societies like
Pakistan will continue to uphold religion as the
foundation for their laws. Only in that context
am I advocating ijtihad, as a means to allow at
least some reform in these countries.
Hope that clarifies things.
Regards,
Farzana.