My personal feeling is that Dajjal who is the master mind behind Modern Civilization is creating this false dilemma where well meaning Muslims will choose the route where the State decides on Islam....when historically this has never been accepted by the majority of Muslims be they scholars or lay people.
Not necessarily!
State says no to drinking, they drink in hiding/ underground parties...openly if it is elite party...
Heck they dont even listen to science : Science says drinking, smoking is bad ...they still do so!
People who dont listen to reason, wont listen to anything!
If you watch the discussion from the Wilson Centre on the Asia Bibi matter, they go into general aspects as well.
I, for one, was astonished to find out that when the British were in control over most of the Subcontinent of India, they wanted to administer Islamic Laws for their Muslim subjects, but they found it so hard as the diversity and plurality of legal opinion in just the Hanafi School was so vast and often conflicting even on the same issue....so guess what they did for expediency....they just choose a few opinions on certain matters and made them "Law". And decades down the line Muslims in Pakistan have forgotten the diversity of legal opinions by qualified Scholars and think that whatever opinion was chosen by the British is the only "Law" or the way certain opinions are chosen by the State are the only valid ones.
Well British werent such angels! They just chose what suited them/ or how they were able to "control and get favours" rather than "for their subjects".....even something as simple as infrastructure building was done for their own trade not for the common people! This can also be seen in Africa and America where even when they made schools and transportation, they made sure that there was segregation! So it wasnt for the "subjects" as much as for a "feel good" attitude!
As Dr Abdal Hakim Murad says, it remains a big challenge to fit appropriately "Islamic law" into the framework of Statutory Law of a Nation State....
O I assure you there is no BIG challenge...ANYONE saying so disagrees that Islam is for the whole world and for entirety!
When the base is the same, 1 god, Final messenger, manners (table manners, right of neighbor, and the like is all same) work on that!
But instead of working on similarities, people want to dwell on the differences! When ALLAH will ask you about your prayers 1st rather than ask you about the inheritance division in your second cousin's twice removed's case! But people are more interested in other people's problems, problems they never face nor are interested in solving over the real issues!
In every jurisprudence, the law is the same for theft (I am not talking about chopping hands...that has its own bearings), raping, women rights, right of parent and husband....These are common grounds which some radical morons fight over even when there is no differences! So the problem is morons not the laws!
As for specific laws which differ, refer to your Imam...Or like I do, read what the 4 Imams did and take which suits the current example the best. Because every Imam had to improvise CERTAIN times based on the situation!
MOST to LEAD LIFE ESP is present in the Quran, other things like Mauwalid Nabi celebrations, Naat and whatnot is up to the situation! If your country is poor, I am sure ALLAH will not hold it against you to waste resources on LARGE gatherings and lighting! If you are in a Non Muslim country I am sure ALLAH is not pleased with you parking cars like a lunatic for Jummah and offend the non-Muslim locals! In fact the right of the locals comes before your craziness to rush to prayers! Because the 2 extra mins you spend in making sure the non Muslim is not troubled would be rewarded over the 2 mins you didnt spend and made the local's life miserable by blocking his/her car!
So, man is repeatedly told in the QURAN to use the mind for good! To walk in the path of HAQ...all these are signs to use common sense and not to cheat another/ kissi ka haq nai marna! THIS is basics which is common all over Islam...yet we see polluting this strand!
It is how it is.
Religion comes way down the Order when we discuss societal issues regarding civil Partnership
And that is wrong..when people understand that...THEN only we can regulate something! Until then whatever Islam says goes down the drain esp if apni man mani kerni hai!