Divine Law or Man-Made Myth?
A Critical Response to “Understanding Divine Law in Islam”
Ash Shaikh Mir Asedullah Quadri’s article, "Understanding Divine Law in Islam" (CGJ Vol. 8, Jan 2024), presents an idealized portrait of Sharia (Islamic law) as a timeless, merciful, and rational legal system rooted in divine revelation. But once we move beyond the polished language and theological packaging, the structure crumbles under the weight of its own contradictions.
This post dissects the article section by section, exposing the internal inconsistencies, historical realities, and ethical blind spots glossed over by the author. The question is simple:
Is Sharia truly a divine system of justice—or a man-made structure masquerading as divine to enforce religious control?
🔹 I. CLAIMING DIVINITY—BUT MAKING HUMAN LAW
The article calls Sharia “divine,” derived directly from the Quran and Sunnah. But then immediately admits that it depends on:
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Ijma’ (scholarly consensus),
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Qiyas (analogical reasoning), and
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Fiqh (jurisprudence) from human schools of thought.
❗ Contradiction: If something is divine, it should not need human scaffolding to function.
Logical Breakdown:
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If Sharia is divine, it should be fixed, perfect, and objectively clear.
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But Sharia is shaped by human opinions across four different schools, each producing conflicting rulings.
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Therefore, what is divine? The core texts (which are vague)? Or the juristic interpretations (which are fallible)?
This alone renders the “divine” label unsustainable under strict logic. You can’t claim infallibility while relying on interpretation.
🔹 II. INHERENT INJUSTICE IN THE PRIMARY SOURCES
The author praises the Quran and Hadith as the perfect sources of law. But let’s look at what these sources actually say:
⚖️ Inheritance Law (Quran 4:11)
"To the male, a portion equal to that of two females."
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Unequal distribution not based on merit or need, but on sex.
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The article excuses this by claiming gender roles are different, but roles are culturally assigned, not biologically fixed.
⚖️ Legal Testimony (Quran 2:282)
"Call two male witnesses... if two men are not available, then a man and two women..."
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A woman’s testimony is worth half that of a man.
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No modern justice system would consider this equality.
⚖️ Domestic Violence (Quran 4:34)
"...And those [wives] from whom you fear arrogance—advise them, forsake them in bed, and strike them."
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This is explicit permission to hit women, not cultural misinterpretation. The command is in the Quran.
Quadri tries to whitewash these by blaming culture. But these are not cultural practices—they are codified in the Quran itself.
🧠 Conclusion: The injustices are not accidental byproducts of culture. They are baked into the source material.
🔹 III. PENALTIES AND THE MYTH OF MERCY
The article attempts to downplay the severity of hudud punishments by claiming they are:
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Rarely applied
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Bound by high evidentiary standards
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Meant as deterrents
But here are the facts:
✋ Amputation for Theft (Quran 5:38)
“As to the thief, male or female, cut off their hands...”
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No room for rehabilitation.
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No concern for socioeconomic context.
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A literal command with physical mutilation.
💀 Death for Apostasy (Hadith: Bukhari 9.84.57)
"Whoever changes his religion, kill him."
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This directly contradicts freedom of conscience and expression.
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It's not metaphorical; Islamic states (like Iran, Saudi Arabia, Afghanistan) enforce this literally.
Quadri doesn’t address these directly. Instead, he talks about “high standards” and “preventing harm.”
⚠️ But causing irreversible harm (amputation, stoning, execution) is the punishment. Prevention is not the concern—the control of behavior is.
🔹 IV. A “COMPREHENSIVE” SYSTEM THAT OVERREACHES
Quadri boasts that Sharia governs everything—personal conduct, finance, worship, criminal law, marriage, politics.
But this “total system” is the very reason it is so dangerous.
In a theocracy:
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Dissent becomes apostasy.
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Criticism becomes blasphemy.
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Personal choice becomes rebellion against God.
Sharia is not content with private belief. It demands submission, legislates morality, and erases pluralism.
Quadri’s own article shows this when he contrasts Sharia with Halakha and Canon Law:
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Halakha governs Jewish life within the Jewish community.
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Canon Law governs internal Church affairs.
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But Sharia wants to govern state law and everyone in it—even non-Muslims.
🔒 Sharia's comprehensiveness is not a strength. It is authoritarian overreach disguised as spirituality.
🔹 V. DIVERSITY IN ISLAMIC LAW ≠ FLEXIBILITY
The four Sunni schools (Hanafi, Maliki, Shafi’i, Hanbali) differ widely on:
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Whether music is halal or haram
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Whether apostates should be killed
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Whether women can be judges
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How to perform prayer
Quadri presents this as “flexibility.” In reality, it shows disunity and inconsistency. If Sharia were divine, these would be fixed.
💣 A divine law shouldn’t change from Cairo to Kabul.
Inconsistency is evidence of human origin, not divine unity.
🔹 VI. MODERNIZATION CLAIMS: A RUSE?
Quadri suggests that Ijtihad (independent reasoning) is being used by modern scholars to keep Sharia relevant.
But here’s the problem:
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The "Gates of Ijtihad" were closed centuries ago in Sunni Islam.
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Most modern reform attempts are considered bid’ah (heretical innovation).
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Sharia-based governments like Saudi Arabia and Iran reject major reforms as “Western corruption.”
This renders his claim hollow.
🔹 VII. THE REAL PROBLEM: CLAIMING IMMUTABILITY WHILE DEMANDING ADAPTABILITY
Here lies the fatal contradiction:
❗ If Sharia is divine, it cannot change.
❗ If it needs to change, it is not divine.
Quadri wants it both ways. He wants Sharia to be unchanging truth and a flexible modern guide. But this is logically impossible.
⚖️ FINAL VERDICT
Ash Shaikh Mir Asedullah Quadri’s article is not an objective analysis. It is a defense mechanism—designed to polish the image of Sharia while avoiding its deepest flaws.
It presents a romantic vision but refuses to deal with:
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The textual evidence of injustice
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The violations of modern ethics
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The coercive nature of applying divine law through state power
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The logical contradictions between divine origin and human application
🧠 STRUCTURED REFUTATION IN SYLLOGISM FORM
P1: If a legal system is divine, it must be consistent, just, and unchanging.
P2: Sharia is inconsistent (due to multiple schools), unjust (gender bias, corporal punishment), and changes based on human interpretation.
Conclusion: Therefore, Sharia is not a divine legal system.
Confidence Level: 🔒 Very High
🛑 Final Word
Sharia, as defended by Quadri, collapses under logic, ethics, and evidence.
It is not the law of God—it is the law of men claiming to speak for God.
Until that distinction is made, any attempt to frame Sharia as “misunderstood” will be nothing more than whitewashing authoritarian theocracy with the brush of sacred tradition.