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[quote=Anonymous][quote=Anonymous]

Hamza Yusuf may be accessible via a phone call. If you are truly interested in clarifying your misunderstanding you would call him. Here is his bio:

"He is one of the leading proponents of classical learning in Islam. He has promoted Islamic sciences and classical teaching methodologies throughout the world. He has also been a strong advocate for social justice, peace, and conviviality among peoples and places. For several years, he has argued that the "them versus us" problem is fundamentally flawed, as he considers himself one of "them" as well as one of "us."Hamza Yusuf is a cofounder of Zaytuna College, located in Berkeley, California. He is an advisor to Stanford University's Program in Islamic Studies and the Center for Islamic Studies at Berkeley's Graduate Theological Union. He also serves as a member of the board of advisors of George Russell's One Nation, a national philanthropic initiative that promotes pluralism and inclusion in America. [b]In addition, he serves as vice-president for the Global Center for Guidance and Renewal, which was founded and is currently presided over by Shaykh Abdallah bin Bayyah, one of the top jurists and masters of Islamic sciences in the world.[/b] Recently, Hamza Yusuf was ranked as "the Western world's most influential Islamic scholar" by The 500 Most Influential Muslims, edited by John Esposito and Ibrahim Kalin, (2009).
[/quote]

If I asked Hamza Yusuf whether Shariah is manmade and flawed, and therefore wholly discountable, what would he say?

But let's not get into pesky detail.  Let us take a closer look at Mr. bin Bayyah, "one of the top jurists and masters of Islamic sciences in the world."  What does Mr. Bin Bayyah have to say about the topics of the day?  (Would he say Shariah is manmade and discountable?)

On women-initiated divorces (cliff's notes version: it's nice if the husband agrees but if he doesn't want to, he doesn't have to):

Someone divorced his wife and after a few weeks he revoked the divorce. Now, she wants to file for Khul`, although he promised her he would not make the same mistakes with her again. Earlier, he had not given maintenance or due care to the family, and she had to pay for everything. She does not want to continue living with him, and she wants to know: Does her husband have the right not to grant her khul`?

Basically, the husband has to provide for his wife. If she requests khul` (divorce on the request of the wife in return for the marriage dowry), while he provides for her, then he may or may not accept to give it to her, as believed by the majority of Muslim scholars. To illustrate, [b]the husband is not obligated to accept a woman’s request for khul`[/b], but he is recommended to accept it if his wife requests it, and he should not hold her within the wedlock against her own will. Thus, if she insists on requesting khul`, the judge shall intervene to identify whether it is the husband or the wife who has caused the discord. To that end, the judge shall appoint two arbitrators to investigate the case. Allah, Exalted be He, says, {Appoint (two) arbitrators, one from his family and the other from her family; if they both wish for peace, Allah will cause their reconciliation} [An-Nisa': 35]. Accordingly, the appointment of the two arbitrators is an important issue in Shari`ah. If it is found out that the reasons of the quarrel are wholly on the part of the husband, then divorce shall be effected; [b]if it is on the part of the wife, she will be demanded to adhere to good marital practices. [/b]However, if no reconciliation could be reached, the judge shall request the husband to accept khul`. The[b] majority view states that acceptance of khul` is not obligatory. [/b]In this respect, there is a hadith indicating that Thabit Ibn Qays was ordered by the Prophet (peace be upon him) to divorce his wife upon her request for khul`. The Prophet asked the wife, “Will you give him back his garden (transferred to her as the marriage dowry)?” She replied, “Yes!” The Prophet then told the husband to divorce her [Sahih Al-Bukhari, 5273]. [b]This hadith implies preferability, not obligation.[/b]
http://binbayyah.net/english/2012/01/19/woman-wants-to-file-for-khul/

Peace be upon you. My husband divorced me weeks ago and then he took me back. Now I want to ask for khul` but he has told me that he will not make the same mistakes (namely, not spending on me or providing a house, as I used to pay for everything). However, I do not want to keep living with him. I want to know if it was his right not to give me khul`.

The husband has to spend on his wife. If she asks for khul` after this, he has the right to accept or reject. This is the position of the majority of scholars. The husband does not have to accept the wife’s request for khul`, but it is recommended that he should accept it and not keep her while she is reluctant to stay. But if she insists, the judge should interfere to examine the reason for such schism, whether it is the husband or the wife, and send two arbitrators. Almighty Allah says, “Then, send an arbitrator from his people and another arbitrator from her people. If they both desire reconciliation, Allah will bring about harmony between the two of them.” [4:35] Sending the two arbitrators is very important in the Shari`ah. If it becomes apparent that the husband is responsible for the problem, they can enforce the divorce. If the problem is on the wife’s side, they should ask her to observe the etiquettes of the matrimonial relationship. If no reconciliation takes place, the judge should ask the husband to accept her request for khul`.
Thus the position of the majority of jurists is that the husband does not have to accept khul`. The Prophet (peace and blessings be upon him) ordered Thabit ibn Qays to part from his wife who asked for khul`, and he said to her, “Will you give back his garden to him?” She said, “Yes.” [Sahih al-Bukhary (5273)] This was a recommendation, but not an obligation.
http://binbayyah.net/english/2012/01/19/khul-without-the-consent-of-husband-permissible/

And what would Mr. Bin Bayyah, an eminent Muslim jurist, say about your denial of Shariah? let us see.

Ruling on Applying Man-Made Laws http://binbayyah.net/english/2012/01/19/ruling-on-applying-man-made-laws/

What is the ruling of applying man-made laws? Can we charge the ruler who rules with man-made laws with disbelief?

In the name of Allah, the All-Merciful, the Mercy-giving. This issue is problematic and there has been much ado about it. In the past century fatwas were given in this regard. The issue should be dealt with in detail.
First, it is undoubtedly prohibited and an enormous sin to rule with man-made laws, and there are Shari`ah texts contrary to implementing these laws. In the Quran we read, “And judge between them by what Allah has sent down. Nor are you to follow their whims.” [5:49] “Is it, then, the judgment of ignorance that they seek? Yet, who renders a fairer judgment than Allah to a people who have certainty?” [5:50]
As for the charge of disbelief, this is something that cannot be definitely decided unless, along with ruling with these laws, there is explicit derision, degradation or belittling of the status of the Shari`ah. One says, for example, that the Shari`ah is not suitable to be applied, or similar words. But if one believes that the Shari`ah is true and everything else is not true, enacting such laws is not enough reason for the charge of disbelief, as it may be due to his inability, ignorance or imitation of others. Therefore, Ibn `Abbas (may Allah be pleased with them) said about the Quranic verse that reads, “And whoever does not rule by what Allah has sent down – then such as these are the non-muslims,” [5:44] that this is a lesser disbelief, and about the verse that reads, ” And whoever does not rule by what Allah has sent down – then such as these are the ungodly,” [5:47] that this is a lesser ungodliness, which means that it does not cast the person out of the fold of the religion. This is the position we adopt based on many scholarly statements including statements from Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy with him).
`Adyy ibn Hatem said: I heard the Messenger of Allah (peace and blessings be upon him) reading from Bara’ah, “They have taken their rabbis and their monks as lords apart from Allah” [9:31] and he said, “They did not worship them, but if they made things lawful for them, they would deem it lawful, and if they made things unlawful for them, they would deem it unlawful.” [Reported by al-Termidhy (3095) and others] This is the indirect meaning of worshiping them. They changed the prescribed injunctions given in the name of the lawgiver insomuch that they declared as unlawful what the lawgiver made lawful and as lawful what the lawgiver made unlawful, attributing this to the Shari`ah, such as saying, for example, that the Prayer, Fasting or Zakah are not obligatory in the Shari`ah, or that committing enormous sins is permissible. But committing these enormous sins and letting others commit them is not a reason for disbelief, in itself.
This position is contrary to the position of some muftis and sheikhs in the past century who considered merely doing this as enough reason for the charge of disbelief. We verified this point in a separate study titled (al-Takfeer bi al-Hukm bi Ghayr ma Anzala Allah) in the Contemporary Fiqh Research Magazine. Besides, the charge of disbelief will lead to wars and will stir devastating mischief. It is rather better to educate people and draw their attention to the importance of the Shari`ah and the great benefits the Shari`ah provides. Many of the Muslim countries were colonized and thus they inherited the laws of the colonizers and unconsciously continued in this way, lacking the courage to change these laws.
[b]Hence, we do not deem this as enough reason for the charge of disbelief unless it is accompanied by disparaging or deriding the Shari`ah, or by a deviant conviction. Peace and blessings be upon our Prophet Muhammad.[/b][/quote]

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