We must recognise - both Muslims and non- Muslims, that the Koran is a text. We need human engagement with that text, so we have to understand that the rulings and the legal rulings are produced are channelled through the human mind, it's an interpretive act of a human being engaging and interacting with a text producing legal results. Because of that it's susceptible to flaws, it is not perfect. Nobody has perfect access to the divine will.
Mark DurieWhen you say Sharia, even to a Muslim, it's understood in vastly different ways, in many ways it's part of an identity and most Muslims when they talk about wanting Sharia to play a role in their lives really mean it in so far as it talks about family law, you know, issues like, as I said marriage, divorce.
Mark DurieSharia law is a Malignant law, it's totally based on the interpretation of the Koran and the Hajid, and the way Islam and the profit lived.
Mark DurieThere's really no such thing as just Sharia, it's not one monolithic Continuum - Sharia is understood in thousands of different ways over the 1,500 years in which multiple and competing schools of law have tried to construct some kind of civic penal and family law code that would abide by Islamic values and principles, it's understood in many different ways.
Mark DurieWe only have one penal code in the United States, and it applies in every single state, every city, no matter who is there. This is part of the fear mongering, that has gripped the United States, the notion that we need to pass a law forbidding the institution of a foreign Law in the United States when it is forbidden by the constitutions is yet another example of targeting Muslim communities because they are seen as different, or exceptional in other ways.
Mark DurieSpeaking as a Muslim in the West, I see a crisis in religious authority, we need Indigenous Muslim scholarship understanding the Western way of life and is able to use the understanding, using legitimate Islamic sources to bring more scholarship to our way of life in the west. There's a need for that.
Mark Durie