Theologians issue 'Sharia' declaration: 'It is not synonymous with Islam and religion'

In the declaration they published, the theologians used the following expressions:

Sharia Does Not Mean Islam

In these days, as we leave behind the 100th anniversary of our Republic, our society is being dragged into a narrow and dangerous debate. This debate is a Sharia debate that contains an ignorance so profound that it could be called religion despite religion, and Islam despite Islam.

The word Sharia, which has many meanings in the Arabic language, is terminologically the equivalent of the word law in our language. Laws that refer to religious beliefs as well as those based on a secular world view are expressed with the word Sharia in the Arabic language.

For this reason, trying to portray Sharia as a concept synonymous with religion and Islam is contrary to the truth.

The concept called Islamic Sharia does not mean Islam itself.

Because very few of the sources of Sharia rules are Quranic verses. Most of those verses are also periodic and contain provisions that must be understood and interpreted within the framework of the reasons for revelation (asbab al-nuzul).

In Islamic history, one cannot speak of a holistic and single structure of Sharia understanding. There are dozens of Sharia interpretations and practices regarding both fiqh (jurisprudence) and the theological issues that form its basis. These interpretations and practices reflect ijtihad-based provisions that arise from the different views of the companions, some hadiths whose authenticity is debated, and some rational inferences of Islamic scholars, and which contradict each other in many respects.

Regardless of which school of Sharia is in question, it is clear that none of them are structured to respond to today's social life, human needs, fundamental rights and freedoms, and furthermore, contemporary legal problems in terms of the rules they contain. As such, it is not possible to give credence to Sharia demands that do not take into account the legal evolution that humanity and Muslims have undergone.

In terms of individual identity, gender equality, economic relations, the concept of crime and punishment, family law, political system, and scientific studies, Sharia law, although it contained the first practices that led to change and transformation in the Arab society of the period, can only have a meaning for legal history courses in academia as a pile of rules that have no applicability today. In other words, Sharia rules have no equivalent in contemporary life that befits human dignity.

The fact that it includes polygamy, the institution of slavery, child marriage, the practice of gender segregation, the secondary status of women in terms of rights, the execution of apostates, and takfirism (excommunication), that it is too simple to meet today's complex economic relations in the context of economic theses, and that it envisions an authoritarian and totalitarian regime in terms of the political system, makes Sharia far from acceptable and impossible.

The religion of Islam is strictly separate from Sharia as a set of principles of belief, worship, and morality.

Even if Sharia is inapplicable, the religion of Islam is the final divine religion that has been lived for centuries and will always be lived hereafter, with its articles of faith, its practices such as prayer, fasting, pilgrimage, zakat, etc., and its moral understanding of what is lawful and forbidden. Islam is sacred and too valuable to be restricted by Sharia.

As the great Islamic scholar Abu Hanifa said, religion is the belief in monotheism that has existed since Prophet Adam and never changes. But Sharia changes. Indeed, throughout history, there has been a separate Sharia for every community.

As stated in the Ottoman Mecelle; "It is undeniable that provisions change with the change of times." However, this is certainly not the case for religion. Religion is fixed and the opposite is unthinkable.

In light of these facts, as theologians, we invite all our people to protect our secular, democratic Republic of Turkey, which is the legacy of the great Atatürk and our martyrs, while living our sacred religion of Islam.

It should not be forgotten that secularism is also of vital importance for the correct and free practice of religion. With the understanding that the religion of the state is only justice, we must protect and strengthen our national unity and integrity against all kinds of religious and sectarian discrimination.

We respectfully announce this to the public.

SIGNATORIES

Cemil KILIÇ (Theologian and Author)

Şahin FİLİZ (Prof. Dr. of Theology)

Mustafa ÖZTÜRK (Prof. Dr. of Theology)

İsrafil BALCI (Prof. Dr. of Theology)

Hatice Doğan (Dr. of Theology)

Hakkı Yılmaz (Theologian and Author)

Hıdır Temel (Dr. of Religious Sciences)

İdris ŞAHİN (Theologian)

Yaşar KOÇER (Theologian)

Fikret EROĞLU (Theologian)

Halis DİNÇER (Theologian)

Emine YÜCEL (Theologian)

Mehmet GÖL (Theologian)

Mustafa Sağer (Theologian)