Critiquing Islam 2.0

Shariah Exposed

The Myth of a Divine Legal System

Introduction: Shariah as the Claimed Divine Solution — But Why the Problems?

Islamic apologists often defend the failures of Muslim-majority countries by claiming that the problem is not with Islam or Shariah itself, but rather with "human shortcomings, hypocrisy, misinterpretation, cultural distortions, and the legacy of colonialism." According to this narrative, Shariah is a perfect divine system capable of solving humanity’s problems, but human beings fail to properly implement it.

But this defense raises a critical question: If Shariah is truly a perfect divine system, then why is it so easily distorted, misapplied, and corrupted? Should a divine system not be clear, self-protecting, and resistant to manipulation? This post exposes the contradictions, logical flaws, and historical realities that undermine the Islamic defense.

1. The Problem of Human Corruption: A Convenient Excuse

A. Blaming Human Weakness: Theological Contradiction

Islamic apologists claim that corruption in Muslim-majority countries is due to human weakness and sinfulness. They cite:

Qur’an 12:53:

"Indeed, the soul is prone to evil, except those upon whom my Lord has mercy."

But this contradicts the fundamental Islamic claim that Shariah is a divine, complete, and perfect system. If Shariah is perfect, it should account for human weaknesses and provide clear, effective mechanisms to prevent corruption. Instead, it leaves open the door to abuse.

B. Islamic History: Corruption from the Start

The claim that corruption is a result of failing to implement Shariah is historically false. Even during the era of the "Rightly Guided Caliphs," corruption, injustice, and political conflict were rampant:

The assassination of Caliph Uthman: Killed by a Muslim mob accusing him of nepotism and corruption.
The civil war between Ali and Muawiyah: A brutal conflict over political power between two Muslim leaders.
The massacre of Husayn at Karbala: An event where the Prophet’s own grandson was killed by other Muslims.

If corruption is purely due to human weakness, then Shariah has never been successfully implemented in Islamic history — not even under the earliest generations of Muslims.

C. The Contradiction of Righteous Leadership

The Islamic defense emphasizes the need for righteous leaders who uphold justice:

Qur’an 4:58:

"Indeed, Allah commands you to render trusts to whom they are due and when you judge between people, judge with justice."

But if a perfect divine system depends on having perfect human leaders, then it is not a divine system at all — it is a utopian fantasy. A truly divine system should function even with flawed human leaders.

D. Ibn Taymiyyah and the Theological Trap

Ibn Taymiyyah’s argument that "corrupt societies begin with corrupt rulers" creates a vicious cycle:

Corrupt rulers lead to corrupt societies.
Corrupt societies produce more corrupt rulers.

If Islam’s solution is righteous leadership, but corrupt societies cannot produce righteous leaders, then Shariah offers no practical solution to the problem.

2. The Distortion of Shariah by Cultural Practices: A Convenient Escape

A. Blaming Culture Instead of the System

The Islamic defense blames cultural customs for the distortion of Shariah:

Honor killings, forced marriages, and female genital mutilation (FGM) are condemned as cultural practices.

But these practices exist within the Islamic world, justified using Islamic texts:

Honor Killings: Justified using the concept of "Ghairah" (protective jealousy).
Forced Marriages: Justified using Hadith that emphasize obedience to parents.
FGM: Practiced in Muslim countries using references to weak Hadith in Sunan Abu Dawud 5271.

B. The Problem of "Cultural Islam"

If Shariah is a perfect divine system, then it should be able to clearly distinguish itself from cultural distortions. But in practice, Shariah is so entangled with culture that even Islamic scholars cannot agree on which practices are cultural and which are Islamic.

Ibn Kathir’s Tafsir on Qur’an 16:90 emphasizes justice, but who defines what is "just" in a cultural context? What is considered "justice" in one Muslim culture may be seen as oppression in another.

C. Misinterpretation: A Symptom of Ambiguity in Shariah

The claim that Shariah is misinterpreted assumes that it has a clear, unambiguous meaning. But Shariah itself is built on a foundation of contradictory sources:

Qur’an 4:34: Men are "protectors and maintainers" of women.
Qur’an 33:35: "Indeed, the Muslim men and Muslim women… are equal before Allah."

These contradictions lead to endless debates among Islamic scholars (Sunni, Shia, Sufi, Salafi, etc.) about the "true" meaning of Shariah.

3. The Legacy of Colonialism and Secularism: A Historical Fallacy

A. The Colonialism Excuse: Blaming the West for Islamic Failures

The Islamic defense blames colonialism for the corruption and decline of Muslim societies. But this ignores the fact that corruption, tyranny, and sectarian conflict existed in the Muslim world centuries before colonialism:

The Abbasid Caliphate (750–1258 CE) was plagued by palace intrigue, assassinations, and civil wars.
The Ottoman Empire was notorious for fratricide (killing of royal siblings) as a method of maintaining power.

B. Secularism: A Double-Edged Sword

Islamic apologists blame secularism for the decline of Islamic societies, but many of the most prosperous and peaceful Muslim-majority countries today are secular or semi-secular:

Turkey (Before 2000s): A secular state with economic prosperity and stability.
Malaysia and Indonesia: Democracies with a mix of Shariah and secular law, generally stable.

If the removal of Shariah is inherently bad, then why do secular Muslim-majority countries often perform better than those strictly enforcing Shariah (e.g., Saudi Arabia, Iran)?

4. The Problem of Shariah’s Moral Priorities

A. Ritual Over Morality

Shariah is extremely strict about ritual practices:

Praying five times a day.
Fasting in Ramadan.
Paying Zakat.

But it is often lenient on moral integrity:

Lying, hypocrisy, and corruption are widespread even among those who strictly follow Shariah rituals.

B. Gender Inequality: Divine Discrimination?

Inheritance: A woman receives half the share of a man (Qur’an 4:11).
Testimony: The testimony of two women equals that of one man (Qur’an 2:282).
Marriage: A man can marry up to four wives, but a woman can only marry one husband.

If Shariah is divine, then why does it institutionalize gender inequality?

5. Conclusion: Shariah is Not the Solution — It is Part of the Problem

The constant failures of Shariah in Muslim-majority countries are not due to human shortcomings, but to the inherent contradictions, ambiguities, and ethical problems within Shariah itself.
Shariah is a human-constructed system, falsely presented as a divine and perfect law.
A truly divine system would not be so easily corrupted, manipulated, or misinterpreted.
The Islamic defense of Shariah is a classic case of special pleading — always blaming external factors (humans, culture, colonialism) instead of admitting the flaws within the system itself.