Being a linguist doesn't mean simply having well developed language skills, it requires a high level of cultural awareness and an open mind especially when dealing with matters of international business or international law. Understanding terms and their true roots is key.
Among the hot Islamic items of interest in the West is the
term sharia and that which is associated with it. Something gets lost in the
translation if you don’t fully understand the term and what it means to the
lives of over one billion Muslims. The
term itself means the unchanging body of texts and their precepts that govern
all aspects of a Muslim’s life. The Quran and the literature termed hadith are
the immutable body of texts. Hadith refer to that which the Prophet did and
said. In turn, this includes all of his actions, their frequency and circumstances
which he approved both directly or indirectly. The application of the
aforementioned is termed fiqh. If Islam
is a way of life, it is a prescribed way of living whose tenets and values
affect every aspect and second of a Muslim’s life. Allah’s, (God’s), likes and
dislikes are never absent and for the believer are first in priority over that
and those who are less than Him in power, knowledge and so on.
To learn more about Sharia and some common examples we
interviewed Dr. Mukhtar Curtis, who has a Ph.d in Islamic Studies from the
University of Michigan.
Dr. Curtis, please give an example of Sharia and its
application:
“On this personal level of Sharia governance, for example,
is the treatment of parents. It is more than a personal, good feeling, fuzzy do
gooder item. Allah says in the Qur’an:
(17:23) And your
Lord has commanded that you serve/worship none but Him. And that you treat your
parents in a manner knowing that Allah sees you. If one of them or both of them
attain old age in your life, say not to them a word of disrespect, nor shout at
them but address them in terms of honor. Thus, the
sharia prescribes that parents be treated in an especially high and good
manner. The fiqh of it applies to the particulars. Depending on the Muslim
society and culture, this may mean that offspring are not to look directly into
the eyes of their parents when the mother or father is disciplining them or
that the parents are always to be served first even if there are young children
present or that it is impermissible to marry someone whom the parents reject. In a non-Muslim society these things may be
totally different depending upon the culture and societal norms.”
These
differences are significant in terms of translations. Some things are cultural in Islam and some
things are religious. It is important to
know the difference.
“On another
personal level is the item of prayer. All practicing Muslims know that it is
obligatory by the Sharia, namely the Quran and Sunnah (the actions of the
Prophet, pbuh, as contained in the hadith). However, the practical application
of the sharia, the fiqh, produces variations that we identify with the
differences associated with the major schools of fiqh: Hanafi, Maliki, Shafi’i,
Hanbali and others. This is why Muslims may fold their hands and arms in prayer
and some do not; why some always wash their feet for wudu (cleansing before
prayer) and some allow for wiping over their socks or shoes; why some Imams say
the basmallah out loud when leading prayer and others do not.”
Dr. Curtis
continues with examples. “On a higher
level is the Sharia injunction not to get high or be drunk; and if one is found
to be drunk, after a proper assessment, the Sharia dictates that the person
should be lashed. There is a sharia principle involved in confronting wrong-doing
in Islam whose general idea is that if the imposition of a good leads to or
makes the wrong or illegal situation a worse condition concerning the halal (the
permitted), then do not impose the good, for in such a case, it has been
Shaytan (devil) who has been helped not the rule of God.”
“For
example, when the Mongols
ruled Egypt during the time of Ibn Taymiyyah, he and Ibn Qayyim came across a
soldier (or soldiers) who were drunk. Ibn Qayyim wanted the Islamic punishment
to be exacted. Ibn Taymiyyah said no. Since the Mongols ostensibly were only
nominally Muslim, the soldier(s), when sober might be wrongfully jailing,
killing or raping. He advised that it was better, therefore, for the Mongul to
remain drunk.”
“Many
people, Muslim and non-Muslim, read the Quran and hadith and may believe that
the commands, injunctions and the like found therein are clear cut and are to
be literally applied and understood. Such a mentality belies the educated
Muslim belief that the Quran and sunnah are unique and a priori are so since Allah Himself has guaranteed that He will
preserve them. Indeed, one indication of
this is the body of literature concerning the religion that is tremendously
respected and read throughout the centuries although the authors of them had no
public relations personnel or advertising. The texts of al-Bukhari, Muslim,
Imam Nawawi are a few of a number of other examples.”
Translations2u/Language Matters Worldwide Ltd specialises in commercial and legal translation and includes a team of specialists in the translation of sharia law related matters including Islamic finance agreements.
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