When Christians do fiqh

I was driving home from a thoroughly enjoyable social occasion (a baby shower for two couples) and the batteries had given out on the iPod radio thingemejig so I had Light FM on the radio as is my wont. I chanced upon a discussion of a book called Not Under Bondage: Biblical Divorce for Abuse, Adultery and Desertion. Not having been raised a Christian, my limited knowledge about divorce in the Christian church is as follows: Catholics aren’t allowed to get divorced, the rest can. Apparently, however, there is still some discussion in Christian churches about the status of divorcees, particularly those who are ministers, preachers etc.

Now, of course Jesus, peace be upon him, grew up in the context of Jewish religious law and so his statements about divorce would naturally have to be understood in the context of a discussion with Jewish scholars of religious law. But because Paul made some statements about how it was all legalistic and Christians don’t have to worry about any of that stuff, religious law has tended to have a pretty low status in Christian thinking. It’s one of the common criticisms you hear some evangelical Christians make about Jews and Muslims.

Yet Jesus, peace be upon him, taught his followers to respect and follow religious law and in particular the legislation he brought:

Do not think that I have come to abolish the Law or the Prophets; I have not come to abolish them but to fulfill them. I tell you the truth, until heaven and earth disappear, not the smallest letter, not the least stroke of a pen, will by any means disappear from the Law until everything is accomplished. Anyone who breaks one of the least of these commandments and teaches others to do the same will be called least in the kingdom of heaven, but whoever practices and teaches these commands will be called great in the kingdom of heaven. For I tell you that unless your righteousness surpasses that of the Pharisees and the teachers of the law, you will certainly not enter the kingdom of heaven. (Bible, Matthew 5:17-20)

Because later Christians rejected religious law (but became known for their commitment to ethics and morality) there are a few issues the church does stumble over. Divorce is one of them. Consequently, listening to Christians discussing their fiqh of divorce, I realised how immature (by comparison with Jews and Muslims) their fiqh is. It is a little bit like a muscle that hasn’t been exercised for a long time, in comparison to those of athletes who are constantly training.

I haven’t read the above mentioned book, but from the radio discussion I gathered her interpretation of the fiqh of Christian divorce is that Christians married to non-Christians can be divorced if the non-Christian is antagonistic to the Christian faith however Christians married to other Christians who are abusive, may divorce but may not remarry. The law that stuck out at me though, was a reference to how Christian leaders may only be the “husband of one wife”. When I heard that, my first thought was ‘oh, that’s a limitation on polygyny’, however the author made no reference to that possibility, but rather that it was symbolic of a Christian leader keeping fidelity to his wife and keeping a high morality.

At anyrate, I just found it really interesting to listen to a fiqh discussion on Christian radio, but I don’t envy them their difficulty in trying to interpret Christian shari`a without the tools that Jewish and Muslim scholars have long developed in approaching understanding sacred law.

Tags: , ,

You can leave a response, or trackback from your own site.

8 Responses to “When Christians do fiqh”

  1. Interesting! I would definitely be interested in comparing the discussion, process and thoughts contained in that book to those within our own tradition.

    I assumed much as you did above regarding the whole issue as I don’t know much about Christianity at all - apart from that according to someone who attempted give me da`wa, as I was christened as a baby, I am still considered Catholic technically, even though I deny the trinity and clearly believe in Islam. I found that a weird tactic, but hey - the best of both worlds eh? :D

    From the title I immediately thought of something completely different: I was skimming a thesis lately about the time of the ‘reconquesta’ in Al-Andalus. It was basically about the codification of law in the new Spanish ‘empire’, and how it essentially followed the same structure as the Muslim fiqh tradition, including how the books were split up in to sections etc. It seems that many Latin texts were modelled on the Arabic fiqh tradition, even if the content was not always congruent. Fascinating stuff!

  2. Two very interesting posts! Are any Christians engaged in rethinking whether the baby was thrown out with the bathwater, Law-wise? I was raised Lutheran myself, and don’t pay too much attention to Christian goings-on nowadays but have the vague sense that some Christian groups have the sense that Christian practice has lost its way and needs to recommit– whether to Christ’s teaching on social justice or to so-called “cultural issues”. I think I’m picking up a little more buzz about Christian hair-covering too, and I’m seeing a few more Mennonites in my city than I used to.

  3. Dawood: The interactions between Spanish Muslims, Jews and Christians is such a fascinating topic. You can see the Muslim influence on Maimonedes for example. What’s the title of the thesis?

    Hana: My limited impression (based on what I hear on Light FM at anyrate LOL) I don’t think they’re cognizant of the issue, i.e. that when they’re discussing issues like this, they are talking about religious law - essentially the Christian version of halakha for Jews or shari’a for Muslims. Mind you, the Catholics do have canon law that the church teaches, but not Protestants.

    I definitely think there is a sense that many Christians feel exasperated by the secular world’s expectation that they should keep their nose out of social and political issues and just concentrate on baptising babies and performing marriages.

  4. I agree with you that in general Christians really don’t imagine that concepts like fiqh and shari’a can apply to them. What I was referring to was a sense among some Christians that they’re not _doing_ enough– that the daily practice of Christianity is insufficiently rigorous. There was an interesting book written some time ago called “A Celebration of Discipline” that advocated including certain practices like fasting in private Protestant practice. As an ex-Protestant myself this is perhaps part of a disappointment I sensed in what Protestantism has to offer. I’d be curious to know what other Protestants/ ex-Protestants have had to say about this.

  5. Oh I agree - it was one of the things that drew me to Islam as well, even though the Baha’i religion has its own shari’a. But I loved that in Islam every aspect of life is sacralised.

    The wife of one of my supervisors is a deacon in the Anglican church and she has a private prayer practice that includes prayers at set times of the day. I think it is adapted from the Catholic prayers of the hours.

    I guess different people are attracted to different types of religiosity. It would be a very interesting research project - looking at whether the religious disciplines of Protestants are increasing/decreasing/in what manner/why etc.

  6. I am frustrated now that I can’t find the thesis any more nor remember its name - it was one of those random clicks you look at but I didn’t have a chance to download. :(

    Definitely will let you know though!

    And just to stay on topic, likewise for my attraction to Islam: the moral/ethical teachings with the actual practice and self-discipline is what attracted me the most.

  7. I think it had something to do with the term “musta`arab” (referring to the Arabicized non-Muslim Andalusians of the time), but not sure. Will definitely let you know if I find it though.

  8. very interesting post. I am reverted muslim, born before in christian family and I must say majority of christians doesn’t know well doctrines in own religions, like for example issue of pork that has been also presented in Bible as inpure and prohibited to eat. In fact I met many muslims that knew more about Bible and Christianity from Christians!
    regards from Poland
    Amina

Leave a Reply