Sheikh Zaki Ahmed Yamani (Saudi Arabia Former Minister of Petroleum and Mineral Resources) – The Harvard Law Forum (1987) (1987)


Chapters

00:00:00 Sheikh Yamani's Journey: From Scholar to Minister
00:04:04 Sheikh Ahmad Zaki Yamani: Islamic Law, Culture, and Muslim Revival
00:09:09 Defining Islam and Its Civilizational Contributions
00:14:43 Features of Islamic Civilization
00:20:10 Sources and Interpretation of Islamic Law
00:30:10 Islamic Legal Schools and Jurisprudence
00:34:35 Evolution of Islamic Jurisprudence
00:37:58 Muslim Religious Revival in Response to Western Injustices
00:50:52 Arab-Israeli Conflict and the Arab Boycott
00:55:41 Islamic Law and Modern Society
01:05:30 Islamic Revival and the Quranic Principles of Governance

Abstract

Understanding Sheikh Ahmad Zaki Yamani: A Comprehensive Look at Islamic Law, Civilization, and Revival (Updated)

Sheikh Ahmad Zaki Yamani, a former Saudi Minister of Petroleum and an influential figure of his generation, recently visited a law school to offer insights into the nuances of Islamic law, its civilizational impact, and the contours of the ongoing Islamic revival. His distinguished background includes serving as a pivotal figure in the formation of OPEC and several energy crises, shaping the geopolitics of the 20th century. Additionally, Yamani’s legal journey encompassed traditional Islamic studies and modern legal education, including an LLM degree from Harvard Law School in 1956, reflecting his pursuit of harmonizing traditional knowledge with contemporary understanding.

Instead of focusing on familiar topics like oil and economics, Yamani’s address delved into the intricate and rich aspects of Islamic civilization, its legal system, and the strategic geopolitical role of the Muslim world. He shed light on the distinctive features of Islamic jurisprudence, emphasizing its adaptability and the key differences between major schools of thought. Moreover, Yamani explored the ideological foundations of Islamic civilization and its contributions to Western culture. He also examined the role of Sharia, the Islamic legal system, in shaping social behavior and legal principles.

Islamic civilization is unique in that we know its exact date of birth, coinciding with the Prophet Muhammad’s emergence as a prophet. It is based on an ideology rather than a race, allowing individuals from all over the world to join and contribute to it. This civilization’s legal system is notable for governing all aspects of life, from personal conduct to social interactions and relationships. It encompasses a complete code of conduct, dictating even seemingly minor actions like drinking water and sneezing. The Islamic legal system influences social and personal behavior, promoting a sense of belonging and community among its followers. It provides detailed guidance on various aspects of life, including proper manners, interaction with others, and religious practices. The Islamic legal system has played a significant role in shaping the Islamic civilization, providing a framework for social order and moral conduct. It has influenced the development of Islamic law, jurisprudence, and various cultural and social practices.

A significant portion of Yamani’s speech centered around the modern challenges facing Islamic law, including the need for reinterpretation and innovation in light of contemporary issues. He attributed the Islamic resurgence to historical and social factors, debunking misconceptions propagated by Western media. Yamani’s perspectives on the Iran-Iraq war and the Arab-Israeli conflict provided a real-world context, highlighting the non-religious nature of these conflicts and the potential of Islamic law to contribute to conflict resolution. He also addressed the special status of non-Muslims in Islamic states and the hypothetical nature of harsh punishments in Islamic criminal law.

Sharia law is derived from the Quran and the Sunnah (the Prophet’s teachings and actions). It is binding on all Muslims and covers various aspects of life, from personal conduct to governance. After the Prophet’s passing, jurists interpreted and applied Islamic law to new cases. Various methods were used, including consensus (ijmaa), analogy (kias), and public interest (Masalih Mursalah). The public interest plays a significant role in Islamic law. Some jurists argue that it can override specific Quranic or Sunnah provisions if there is no contradiction. Islamic law is adaptable and changes over time to meet the needs of different societies and circumstances. It has been applied in diverse regions, from the Arabian Peninsula to Spain, India, and Persia.

Additional Information:

* The practice of Ijtihad, which involves discovering or legislating Islamic law, came to an end, marking the beginning of the decline of Islamic jurisprudence. This stagnation continued until the Ottoman Empire, where a legal code called Al-Majalla was established based on the Hanbali school of thought. Al-Majalla is considered a well-developed legal system, comparable to the Code of Napoleon.

* In recent times, jurists have made efforts to introduce new ideas and regulations to address modern issues not covered in traditional Islamic law. Banking practices, particularly the prohibition of interest (Riba) in the Quran, pose a challenge to the current economic system based on banking. Insurance and other financial concepts not present in traditional Islamic jurisprudence also require contemporary solutions.

* The Muslim revival is often associated with terrorism, but there is a broader movement underway. Muslim movements are emerging simultaneously in diverse regions, including Indonesia, Malaysia, Pakistan, Iran, and parts of Africa. These movements seek to revive Islamic teachings and values in various aspects of life, including politics, economics, and culture. The Muslim revival encompasses a wide range of interpretations and approaches, reflecting the diversity within the Muslim world.

* Sheikh Yamani expresses perplexity over the widespread Islamic revival movement across diverse Muslim nations, from Morocco to Pakistan, and its distinct motivations in each context. Post-colonial injustices, ongoing conflicts like the Arab-Israeli conflict, and a sense of betrayal by the West have contributed to the disillusionment of Muslims.

* In the 1950s and 1960s, many Muslim states leaned towards socialism or Marxism, seeking solutions to their problems in those ideologies.

* Sheikh Yamani identifies a “psycho-political anxiety” among Muslims, leading to a return to Islamic values as a response to perceived injustices and social issues. Islamic legal systems emphasize communal well-being, prioritizing social justice, dignity, and freedom for individuals within a societal context.

* The Islamic revival manifests in various forms, including silent passive movements, armed revolutions, and terrorist activities, but also in increased religious observance, education, and social activism. Mosques are seeing a surge in attendance, especially among young, educated individuals, indicating a rekindled interest in Islamic practices and values.

* Some Muslims are actively engaging in social activities, such as helping the poor and sick, as an expression of their faith, while others explore Sufism, a mystical branch of Islam.

* Sheikh Yamani urges Western audiences to look beyond negative stereotypes and misconceptions of Islam, emphasizing its focus on social security and justice.

* Sheikh Yamani invites questions about polygamy, cutting hands, and harsh punishments, encouraging a deeper understanding of the Islamic system and its underlying philosophy.

* Sheikh Yamani seeks engagement with his audience, encouraging questions and discussions to foster a better understanding of Islam and its principles.

* The question is raised regarding the application of Islamic principles in resolving conflicts like the Iraq-Iran war, highlighting the challenges of translating religious principles into practical solutions.

* Sheikh Yamani believes the Iran-Iraq war is not an Islamic war, and religious differences are not the primary cause. He emphasizes the complex and unique relationship between Iraq and Iran with various underlying factors beyond religious aspects.

* Sheikh Yamani cites a Quranic text that addresses conflict resolution among believers. The text encourages reconciliation and negotiation, and if one party refuses, it permits fighting until they adhere to God’s word. Ultimately, the goal is to achieve peace and just solutions.

* Sheikh Yamani sees the US administration’s actions as an attempt to implement the Islamic law principle of conciliation. He suggests the US is applying pressure on Iran to encourage negotiations and peaceful resolution.

* Sheikh Yamani clarifies that the Arab boycott of Israel is not rooted in the Quran or Sunnah but is a new concept. He acknowledges that the US has been a pioneer in applying boycotts and economic pressure as a political strategy.

* The Arab boycott aims to exert economic and financial pressure on Israel due to the ongoing conflict in the region. Sheikh Yamani acknowledges that legal remedies may exist for foreign nationals adversely affected by the boycott in Saudi Arabia or other Islamic countries.

Additional Information:

* The Sharia and the Islamic Revival:

* Sheikh Ahmad Zaki Yamani emphasizes that the boycott is not the main issue, but rather the lack of peace in the region.

* He suggests that once peace is achieved, the boycott and other negative phenomena will cease to exist.

* The issue of the boycott and its consequences is a matter of contemporary law and administration, primarily influenced by the United States, not derived from Islamic teachings.

* American companies adversely affected by the boycott cannot sue in Saudi Arabia due to the regional application of the boycott laws.

* The boycott is not a Saudi law but is applicable in various Arab countries, and affected companies should seek legal recourse in other courts outside Saudi Arabia.

* Sheikh Yamani acknowledges cases where the Sharia has been applied to non-Muslim minorities who did not consent to it, citing examples in Sudan and potentially in Malaysia or Nigeria.

* He emphasizes the importance of granting non-Muslims special status in certain areas related to their religion and what is permissible for them.

* According to Islamic law, drinking alcohol is forbidden for Muslims, and they can be punished if they consume it publicly.

* However, wine and spirits have value for non-Muslims, and in the early days of the Islamic state, judges recognized this value and allowed non-Muslims to make and sell alcohol among themselves.

* Sheikh Yamani acknowledges the concern about harsh punishments in Islam as a potential reason for its unpopularity.

* He proposes returning to the old concept of criminal law in Islam, where harsh punishments were primarily intended as deterrents and not necessarily meant to be implemented.

* The judge in Islamic criminal law is obligated to ensure that some doubts are created about the crime before implementing harsh punishments.

* This approach aims to provide more lenient punishments and find alternative solutions that align with the teachings of the Prophet Muhammad.

* Sheikh Yamani acknowledges the link between the oil price increase and the oil revenue increase of OPEC member countries, which constitute a significant portion of the Islamic world.

* He notes that the oil revenues are not distributed equally among all Muslims and Islamic states, and the focus should be on using these revenues for the benefit of all Muslims.

* Islamic Revivals and the Formation of an Islamic State:

* While some countries experienced wealth from oil revenues, many Muslim countries, such as Egypt, Syria, and others, saw minimal benefits.

* In Saudi Arabia, the wealth led to increased religiosity and a return to Islamic principles among the masses.

* The Islamic revival in Iran was more related to the Shah’s attitude towards religion than oil money.

* The Muslim Brotherhood in Egypt predates the oil wealth and has no direct link to it.

* The head of state should be chosen through special procedures based on merit, knowledge, and experience.

* Consultation (shura) is a key principle in an Islamic state, involving discussions and seeking consensus among the people.

* Institutions for consultation can vary, such as referendums, parliaments, or councils of advisors.

* Women in early Islam had active roles in society, including as jurists, leaders, and even leading armies.

* The issue of women’s voting rights in a Muslim state depends on the specific society and context.

* The constitutional law in Islam is flexible, allowing for different interpretations and adaptations within the framework of general rules.

* The speaker expresses that they are not a prophet and would take instructions from God if they were one.

* The speaker hopes that the discussion has provided insights into Muslim revivals and helped the audience understand them better.


Notes by: Hephaestus