I do not pretend to have expertise in the area of Islamic tradition or history. This post is a personal exercise in rationalizing my own views and should not be construed as an attack on the religion or an attempt to force my opinions on others. This post is prompted by several things: the recent revision of MUIS’s stance on organ transplantation and my personal encounters with Syariah law in matters of probate. But mostly my personal unwillingness to believe in too literal an interpretation of Islam.

Religion is a human contrivance with, predictably, human failings.

Many do not, or choose not to, realise that religion is a human construct. This does not, by any means, mean that it is a fabrication, but rather that human factors must naturally have had influence on the way the religion was institutionalised and delivered to the masses. The Quran, from what I understand, is a compilation of Prophet Muhammad’s divine revelations, recited over a period of about 23 years and memorised by his close companions, the actual act of compiling only done much later. Not once disputing the authenticity of the divine message, the potential for errors and probability of mistakes in the process of recording is undeniable. The companions were human after all, and not infallible.

Moreover, aside from the Quran, much of muslim tradition is derived additionally from the Sunnah (loosely translated to “the way of the Prophet”), the deeds of Prophet Muhammad. The Sunnah, together with the Hadith, oral traditions passed down from the time of the Prophet, form the basis of Syariah law, under which all Muslims are bound. The oral nature of the transmission of Hadith complicates matters, as one would naturally expect it to be more prone to errors than, for example, transmission using physical records. Time and the fallibility of human nature would likely result in unavoidable alterations to the original message, and we cannot take for granted that what we accept now is what was initially intended. The failings of using oral traditions to form the basis of law should therefore be evident.

Translation of the Quran would also further compound the problem, as mistranslations are inescapable. Even when avoided, much of the nuance of the oiginal arabic phrasings would be lost, resulting in potentially significant differences in meaning. One example of such is the highly debated mistranslation of the Hebrew word for “maiden” to “virgin”, resulting in the Biblical recounting of the famous virgin birth of Jesus.

Antiquated practices in contemporary conditions?

More importantly, there is the matter of context. Is it acceptable to automatically apply practices in ancient Arabic civilisation to modern times? For some things, the most important being the five basic pillars of Islam, there is little contention, being personal in nature. But other civil issues, particularly those concerning the behaviour and gender-specific roles of people in society, should not be taken out of the context of ancient times and blindly enforced as Syariah law today. At least not without first re-examining the rationale behind the outdated laws and subsequently adjusting regulations to present day situations.

That in mind, is polygamy still relevant today, and in all situations? A man was formerly encouraged to take more than one wife in war-torn and poverty-stricken times of old, as it was a way to care for and protect the many unmarried women, unable to provide for themsleves. While this may still apply to countries like Iraq, embroiled in war and strife, how relevant is it in modern Singapore? And why then, is there an imposed limit of 4 wives, seemingly arbitrary in number and purpose?

The disparity in gender roles also bears rethinking. As far as I am aware, there are no religious prohibitions on women working or providing for their families. Men and women can therefore be expected to shoulder equal responsibilities, and similarly, have equal stakes in the family. Is it still relevant then for sons to be given a bigger portion of a deceased father’s estate than daughters? In ancient muslim society, more often than not, the husband was the sole family breadwinner, and bequeathing a larger part of one’s inheritance to sons was pragmatic. Not so today, when increasingly, both husband and wife work to support the family. Is there justification in persisting with such antiquated practices?

If adulterers are no longer killed for their crimes, as was the fitting punishment in ancient times, are there still grounds for enforcing similarly outdated laws pertaining to other aspects of life? This does not, however, call for the total abandonment of our religious practices but rather, increased openmindedness when considering differences in interpretation. More importantly, it calls for active exploration of the reasons behind our actions and greater willingness to rethink old practices to address modern needs, while still observing the core principles of the religion. Turning away from blind, dogmatic worship and embracing healthy, open discourse cannot but improve our understanding and appreciation of the religion.