On the Pope, Cartoons, and Apostates: Shari‘a 2006

Abstract

During 2006, controversies concerningShari‘aor Islamic law seemed to dominate media reports. From cartoons to apostasy trials,Shari‘awas deemed to be at the core of controversies that attained international notoriety. Furthermore,Shari‘awas implicitly invoked by the Pope in his now infamous speech at Regensberg, in which he referred to the prophet Muhammad and an early Muslim jurist in order to define Europe as Christian and contrary to all that is Islamic. TheShari‘a-related events of 2006 raised fundamental questions not just about whatShari‘ais, but more fundamentally about the place of Muslims and their religious tradition in the international system. This article attempts to survey the aboveShari‘a-related events from 2006 in order to illustrate how references toShari‘a, whether by Muslims or non-Muslims, were embedded within a larger discourse on identity, community, and difference. This survey will not provide an in-depth analysis and critique of theShari‘adoctrines invoked in each case, as that would be beyond its scope. Rather, this article is intended to review the events in light of how “Shari‘a” was characterized, used, and positioned within a larger legal and political discourse. All of them illuminate similar problems of definition and identity that will generally arise in any critical discussion ofShari‘ain the modern day.Shari‘ahas arguably become more than a system of legal rules that can be subjected to critical legal scrutiny. Rather, it is also a symbol of political identity, such that any suggestion of legal reform may create political fall out amongst those committed to certain conceptions of identity, political and otherwise. The controversies concerningShari‘ain 2006 arguably had less to do with legal doctrine, and more to do with how “Shari‘a” can be used and manipulated to facilitate political ends concerning the definition of identity and thereby the separation (and even marginalization) of communities.

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