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Sharia Law

Sharia law is the law of Islam. The Sharia (also

spelledShari'a or Shariah) law is cast from Muhammad's words, called
"hadith," his actions, called "sunnah," and the Quran, which he dictated.
Sharia law itself cannot be altered, but the interpretation of Sharia law, called
"fiqh," by muftis (Islamic jurists) is given some latitude.

As a legal system, Sharia law is exceptionally broad. While other legal codes
regulate public behavior, Sharia law regulates public behavior, private
behavior, and even private beliefs. Compared to other legal codes, Sharia law
also prioritizes punishment over rehabilitation, and the penalties under Sharia
law favor corporal and capital punishments over incarceration. Of all legal
systems in the world today, Sharia law is deemed the most intrusive and
restrictive, especially against women (see below), and is making inroads into
Western democracie

Various sources of sharia are used by Islamic

jurisprudence to elucidate the body of Islamic law.[1] The primary source
accepted universally by all Muslims is the Qur'an, the majority adhering
also to the traditionally reported Sunnah, but rejected by
others; Quranism. The Qur'an is the holy scripture of Islam, believed by
Muslims to be the direct and unaltered word of God. The Sunnah
consists of the alleged religious actions and quotations of the Islamic
prophet Muhammad, narrated through his Companions and
the Imams (per the beliefs of the Sunni and Shi'ite schools
respectively).[1]
As Islamic regulations stated in the primary sources do not explicitly
deal with every conceivable eventuality, jurisprudence must refer to
resources and authentic documents to find the correct course of
action.[1] According to Sunni schools of law, secondary sources of
Islamic law are consensus, the exact nature of which bears no
consensus itself; analogical reason; pure reason; seeking the public
interest; juristic discretion; the rulings of the first generation of Muslims;
and local customs.[2] Hanafi school frequently relies on analogical
deduction and independent reasoning, and Maliki and Hanbali generally
use the Hadith instead. Shafi'i school uses Sunnah more than Hanafi
and analogy more than two others.[1][3] Among Shia, Usuli school
of Ja'fari jurisprudence uses four sources, which are Qur'an, Sunnah,
consensus and the intellect. They use consensus under special
conditions and rely on the intellect to find general principles based on
the Qur'an and Sunnah, and use the principles of jurisprudence as a
methodology to interpret the Qur'an and Sunnah in different
circumstances. Akhbari Ja'faris rely more on tradition and reject ijtihad.
[1][4] According to Momen, despite considerable differences in the
principles of jurisprudence between Shia and the four Sunni schools of
law, there are fewer differences in the practical application of
jurisprudence to ritual observances and social transactions.[5]

Detailed Objectives of the Law (Maqasid ash-Shari‘ah)

Schact, in describing the purpose of the Law writes:
In the field of penal law, it is easy to understand that the Qur’ān laid down sanctions for transgressions,
but again they are essentially moral and only incidentally penal, so much so that the Qur’ān prohibited
wine-drinking but did not enact any penalty, and the penalty was determined only at a later stage of
Islamic law. The reasons for Qur’ānic legislation on all these matters were, in the first place, the desire to
improve the position of women, of orphans and of the weak in general, to restrict the laxity of sexual
morals and to strengthen the marriage tie, to restrict private vengeance and retaliation and to eliminate
blood feuds altogether; the prohibition of gambling, of drinking wine and of taking interest are directly
aimed at ancient Arabian standards of behaviour.[25]
Shaykh Faraz Rabbani describes the intent behind Divine Law, something which has been strongly
highlighted in the current era as people with various agendas, from apologist to extreme Islamist, seek to
define Islamic Law within a Western framework of understanding:
The ultimate worth of actions is based on intention and sincerity, as mentioned by the Prophet (s), who
said, “Actions are by intentions, and one shall only get that which one intended.” The Shariah covers all
aspects of human life. Classical Shariah manuals are often divided into four parts: …personal acts of
worship;… commercial dealings;…marriage and divorce, and penal laws.

The legal philosophers of Islam, such as Ghazālī, Shāţibī, and Shāh Walīullāh explain that the aim of
Shariah is to promote human welfare. This is evident in the Qur’ān, and teachings of the Prophet (s).

The scholars explain that the welfare of humans is based on the fulfillment of necessities, needs, and
comforts.

Necessities
Necessities are matters that worldly and religious life depend upon. Their omission leads to unbearable
hardship in this life, or punishment in the next. There are five necessities: preservation of religion, life,
intellect, lineage, and wealth. These ensure individual and social welfare in this life and the hereafter.

The Shariah protects these necessities in two ways: firstly by ensuring their establishment and then by
preserving them.
Religion: To ensure the establishment of religion, Allah Most High has made belief and worship obligatory. To
ensure its preservation, the rulings relating to the obligation of learning and conveying the religion were
legislated.
Life: To ensure the preservation of human life, Allah Most high legislated for marriage, healthy eating and
living, and forbid the taking of life and laid down punishments for doing so.
Intellect: Allah has permitted that sound intellect and knowledge be promoted, and forbidden that which
corrupts or weakens it, such as alcohol and drugs. He has also imposed preventative punishments in order
that people stay away from them, because a sound intellect is the basis of the moral responsibility that humans
were given.
Lineage: marriage was legislated for the preservation of lineage, and sex outside marriage was
forbidden. Punitive laws were put in placed in order to ensure the preservation of lineage and the
continuation of human life.
Wealth: Allah has made it obligatory to support oneself and those one is responsible for, and placed laws
to regulate the commerce and transactions between people, in order to ensure fair dealing, economic
justice, and to prevent oppression and dispute.
Needs and Comforts: Needs and comforts are things people seek in order to ensure a good life, and
avoid hardship, even though they are not essential. The spirit of the

Politics, competition, influence and power fuel the current sectarian tensions between
Shia and Sunni Muslims, the two main branches of Islam. The root of the hostility is a
political question in itself: who is the legitimate successor to the Prophet Muhammed?

Both sects share common religious beliefs: the five pillars of Islam, the Quran and
Prophet Muhammed being the last messenger of God. The differences lie mostly in the
Shia and Sunni interpretation of the hadiths and sharia law on how Muslims should
define and govern themselves. But for the most part, the religious differences are
superficial. The conflict and violence is more about political power, where geo-politics
intertwines with theology.

The History of Islam

In the seventh century, Muhammad claimed the angel Gabriel visited him. During these angelic
visitations, which continued for about 23 years until Muhammad's death, the angel purportedly
revealed to Muhammad the words of Allah (the Arabic word for “God” used by Muslims). These
dictated revelations compose the Qur'an, Islam's holy book. Islam means “submission,” deriving
from a root word that means “peace.” The word Muslim means “one who submits to Allah.”

The Doctrine of Islam

Muslims summarize their doctrine in six articles of faith:
1. Belief in one Allah: Muslims believe Allah is one, eternal, creator, and sovereign.
2. Belief in the angels
3. Belief in the prophets: The prophets include the biblical prophets but end with Muhammad as
Allah’s final prophet.
4. Belief in the revelations of Allah: Muslims accept certain portions of the Bible, such as the Torah
and the Gospels. They believe the Qur'an is the preexistent, perfect word of Allah.
5. Belief in the last day of judgment and the hereafter: Everyone will be resurrected for judgment into
either paradise or hell.
6. Belief in predestination: Muslims believe Allah has decreed everything that will happen. Muslims
testify to Allah’s sovereignty with their frequent phrase, inshallah, meaning, “if God wills.”

The Five Pillars of Islam

These five tenets compose the framework of obedience for Muslims:
1. The testimony of faith (shahada): “la ilaha illa allah. Muhammad rasul Allah.” This means, “There
is no deity but Allah. Muhammad is the messenger of Allah.” A person can convert to Islam by stating
this creed. The shahada shows that a Muslim believes in Allah alone as deity and believes that
Muhammad reveals Allah.
2. Prayer (salat): Five ritual prayers must be performed every day.
3. Giving (zakat): This almsgiving is a certain percentage given once a year.
4. Fasting (sawm): Muslims fast during Ramadan in the ninth month of the Islamic calendar. They
must not eat or drink from dawn until sunset.
5. Pilgrimage (hajj): If physically and financially possible, a Muslim must make the pilgrimage
to Mecca in Saudi Arabia at least once. The hajj is performed in the twelfth month of the Islamic
calendar.

In Arabic Islam means ‘submission’, in other words, submission to the will of God. It also
means ‘to enter into peace’, specifically, the peace one finds through submission to God’s
will. Muslims accept five primary obligations in life, commonly called the Five Pillars of
Islam. In practice, of course, Muslims can be seen observing all of these to varying
degrees, for the responsibility of fulfilling the obligations lies on the shoulders of each
individual.

1 The profession of faith (Shahadah)

This is a simple statement of the words, ‘There is no god but God; Muhammad is the
Messenger of God.’

2 Prayer (Salah)
Muslims pray five times a day – at dawn, noon, afternoon, sunset and evening – facing
toward the Ka’bah, which is the House of God, in the Great Mosque at Makkah. They may
pray wherever they are when prayer-time arrives, in any clean place, preferably in the
company of other Muslims. On Fridays at noon, Muslims pray in congregational mosques,
or masjids; this weekly prayer is called the Jumah.

3 Charity (Zakah)
A fixed proportion (2.5%) of a Muslim’s net wealth – not just his or her current income – is
prescribed to be donated for the welfare of the community as a whole.
4 Fasting (Sawm)
Every day from dawn to dusk during the holy month of Ramadan, Muslims must abstain
from eating, drinking, smoking and sexual contact and, even more than at other times, they
must also avoid undesirable, or imperfect behaviours.

5 Pilgrimage (Hajj)
The journey to Makkah is obligatory once in a lifetime for every able-bodied Muslim who can
afford to make it. The Hajj proper is made between the eighth and 13th days of Dhu al-
Hijjah, the 12th month of the Islamic calendar, and every pilgrim carries out specified rituals
at particular times. At any other time of year, Muslims can perform similar prayers and
rituals and thus complete the ‘Umrah, or ‘lesser pilgrimage’.

What are the foundational sources of Islamic

beliefs and practices?
January 14, 2017
The primary sources of knowledge about Islam are the Qur’an, which Muslims
generally believe is the divinely revealed word of God, and the Sunnah, which
refers to the example or precedent of the Prophet Muhammad (i.e., what he said,
did, approved, disapproved, caused, ordered, or allowed to happen). Much of
what is known about the Sunnah is from the collection of sayings or reports
known as hadith, or prophetic tradition. The hadith describe actions of the
Prophet Muhammad or actions that his companions attributed to his teachings.
Hadith also elaborate and provide context to the Qur’an.

In addition to these primary sources, Muslims have also traditionally relied on the
following: scholarly consensus, that is, the agreement of knowledgeable scholars
upon a particular issue; and analogical reasoning, which means applying
principles or laws derived from the Qur’an and Sunnah to similar situations not
explicitly addressed by them. The lived experience of Islam, which naturally
varies widely not only in different cultures but also with different individuals, also
impacts and determines a Muslim’s understanding and practice of Islam.

The dealings of the Prophet, may the mercy and blessings of God be upon him,
with other religions can best be described in the verse of the Quran:
 “To you be your religion, to me be mine.”

The Arabian Peninsula during the time of the Prophet was a region in which
various faiths were present. There were Christians, Jews, Zoroastrians,
polytheists, and others not affiliated with any religion. When one looks into the
life of the Prophet, one may draw on many examples to portray the high level of
tolerance shown to people of other faiths.

In order to understand and judge this tolerance, one must look into the period in
which Islam was a formal state, with the specific laws laid down by the Prophet in
accordance with the tenets of religion. Even though one can observe many
examples of tolerance shown by the Prophet in the thirteen years of his stay in
Mecca, one may incorrectly think that it was only due to seeking to raise the
profile of the Muslims and the social status of Islam and in general. For this
reason, the discussion will be limited to the period which commenced with the
migration of the Prophet to Medina, and specifically once the constitution was
set.

The Saheefah

The best example of the tolerance shown by the Prophet to other religions may
be the constitution itself, called the ‘Saheefah’ by early historians.[1] When the
Prophet migrated to Medina, his role as a mere religious leader ended; he was
now the political leader of a state, governed by the precepts of Islam, which
demanded that clear laws of governance be laid out to ensure harmony and
stability in a society which once had been distraught by decades of war, one
which must ensure the peaceful coexistence of Muslims, Jews, Christians and
polytheists. Due to this, the Prophet laid down a ‘constitution’ which detailed the
responsibilities of all parties which resided in Medina, their obligations towards
each other, and certain restrictions which were placed on each. All parties were
to obey what was mentioned therein, and any breach of its articles was regarded
as an act of treachery.

One Nation

The first article of the constitution was that all the inhabitants of Medina, the
Muslims as well as those who had entered the pact from the Jews, Christian, and
idolaters, were “one nation to the exclusion of all others.” All were
considered members and citizens of Medina society regardless of religion, race,
or ancestry. People of other faiths were protected from harm as much as the
Muslims, as is stated in another article, “To the Jews who follow us belong
help and equity. He shall not be harmed nor his enemies be
aided.” Previously, each tribe had their alliances and enemies within and
without Medina. The Prophet gathered these different tribes under one system of
governance which upheld pacts of alliances previously in existence between
those individual tribes. All tribes had to act as a whole with disregard to
individual alliances. Any attack on other religion or tribe was considered an
attack on the state and upon the Muslims as well.

The lives of the practitioners of other religions in the Muslim society was also
given protective status. The Prophet said:

“Whoever kills a person who has a truce with the Muslims will never smell
the fragrance of Paradise.” (Saheeh Muslim)

Since the upper hand was with the Muslims, the Prophet strictly warned against
any maltreatment of people of other faiths. He said:

“Beware! Whoever is cruel and hard on a non-Muslim minority, or curtails

their rights, or burdens them with more than they can bear, or takes
anything from them against their free will; I (Prophet Muhammad) will
complain against the person on the Day of Judgment.” (Abu Dawud)

To Each Their Own Religion

In another article, it states, “the Jews have their religion and the Muslims
have theirs.” In this, it is clear that anything other than tolerance would not be
tolerated, and that, although all were members of a society, each had their
separate religion which could not be violated. Each was allowed to practice their
beliefs freely without any hindrances, and no acts of provocation would be
tolerated.
There are many other articles of this constitution which may be discussed, but
emphasis will be placed on an article which states, “If any dispute or
controversy likely to cause trouble should arise, it must be referred to God
and His Messenger.” This clause maintained that all inhabitants of the state
must recognize a higher level of authority, and in those matters which involved
various tribes and religions, justice could not be meted out by individual leaders;
rather it must be adjudicated by the leader of the state himself or his designated
representatives. It was allowed, however, for individual tribes who were not
Muslims, to refer to their own religious scriptures and their learned men in
regards to their own personal affairs. They could though, if they opted, ask the
Prophet to judge between them in their matters. God says in the Quran:

“…If they do come to you, either judge between them or decline to

interfere...” (Quran 5:42)

Here we see that the Prophet allowed each religion to judge in their own matters
according to their own scriptures, as long as it did not stand in opposition to
articles of the constitution, a pact which took into account the greater benefit of
the peaceful co-existence of the society.