The doubters say that if those things pertaining to the laws of Islam are entrusted to people to decide, it will lead to irreverence [hatk-e hurmat] and insult to the foundations of Islam as well as the pillars of the shari‘ah. It is clear that this is not compatible with the lofty aims and teachings of Islam.
Response
The literal meaning of hatk (the Arabic term for dishonor and violation), is tearing the veil of modesty or the covering over a hidden affair.20 In Islam, the intended meaning is attempting to discover the weak points of Muslims.
Regarding the above scepticism, we agree that allowing people to freely decide issues of the shari‘ah, such as issues and duties that are restricted, will doubtlessly lead to violating the honor of religion and the shari‘ah and result in the foundations of Islam being held in mockery and scorn.
However, in instances where the reality of the shari‘ah are not stipulated by the Divine Legislator, the duty of identifying the applicability of a general instance to individuals has been left to the wisdom and the common sense of the people.
Response
The literal meaning of hatk (the Arabic term for dishonor and violation), is tearing the veil of modesty or the covering over a hidden affair.20 In Islam, the intended meaning is attempting to discover the weak points of Muslims.
Regarding the above scepticism, we agree that allowing people to freely decide issues of the shari‘ah, such as issues and duties that are restricted, will doubtlessly lead to violating the honor of religion and the shari‘ah and result in the foundations of Islam being held in mockery and scorn.
However, in instances where the reality of the shari‘ah are not stipulated by the Divine Legislator, the duty of identifying the applicability of a general instance to individuals has been left to the wisdom and the common sense of the people.
Notes:
20. Sihah al-Lughah.