Cecily Zamora
Sharia, derived from the Quran and the sayings and practices of Prophet Mohammed, is a code for living that guides the personal religious practices of Muslims worldwide. While it is not a legal system, it has been adapted into Islamic Law, which is followed by many Muslims as a way of life. Islamic Law is based on human interpretation and can vary across different places and times. The role of Sharia in the modern world is a highly debated topic, with critics arguing that certain practices are incompatible with human rights, gender equality, and freedom of speech and expression. As a result, some countries have banned the application of Sharia Law in courts, while others have seen growing support for its implementation.
| Characteristics | Values |
|---|---|
| Definition of Sharia | The divine counsel that Muslims follow to live moral lives and grow close to God |
| Sharia vs Islamic Law | Sharia is not a legal system, but Islamic Law is based on someone's interpretation of Sharia |
| Sharia in the Modern World | The role and mutability of Sharia in a changing world is a debated topic in Islam |
| Muslim-Majority Countries | About half the world's Muslim-majority countries have Sharia-based laws |
| Muslim Personal Practices | Most Muslims worldwide follow aspects of Sharia in their private religious practices |
| Criticisms of Sharia | Some practices of Sharia have been deemed incompatible with human rights, gender equality, and freedom of speech and expression |
| Bans on Sharia Law | Various states in the US have banned Sharia law in courts, and similar movements exist in the UK and Canada |
| Muslim Support for Sharia | In many countries with a secular legal system, the majority of Muslims favor making Sharia the official law |
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What You'll Learn
Sharia is not a legal system, but a way of life
Sharia, derived from the Quran and the Prophet Muhammad's sayings and practices, is a guide for Muslims to live a righteous and moral life. It is not a legal system, but a way of life, subject to human interpretation and evolving with Islamic societies to address their contemporary needs.
The word "Sharia" means "the correct path" or "way/path" in Arabic. It refers to the divine counsel that Muslims follow to live a moral life and grow closer to God. While it is not a static set of laws, it forms the basis of Islamic law, which is subject to interpretation by religious scholars and jurists.
Islamic law, or fiqh, is derived from interpretations of Sharia and seeks to establish what is morally right and wrong, in addition to what is legally permissible or forbidden. These interpretations, or hadith, were transmitted orally and later recorded and systematized, forming the basis for Islamic jurisprudence.
The process of interpreting Sharia is complex and requires deep knowledge of the Quran, fluency in Arabic, and expertise in legal theory. However, there is no standardized level of competency or study duration to qualify as a jurist, leading to varying interpretations.
While some Muslim-majority countries have laws that reference Sharia, there is a diversity of interpretations and applications. Many of these countries use a combination of Islamic and secular laws, especially in family law matters. Additionally, the influence of colonialism and the need for economic modernization have also shaped the legal systems in these countries.
In conclusion, Sharia provides guidance for Muslims' personal religious practices and serves as a way of life rather than a rigid legal system. It is subject to interpretation and evolution to meet the changing needs of Islamic societies. The debate surrounding Sharia's role in modern legal systems, particularly regarding criminal justice, democracy, and social equality, remains a subject of ongoing discussion.
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Islamic Law is based on human interpretation of Sharia
Sharia, or Shariah, is a body of religious law that forms a part of the Islamic tradition, based on scriptures of Islam, particularly the Quran and hadith. The word 'Sharia' means "the correct path" in Arabic. Muslims believe that Sharia refers to the perfect, immutable values understood only by God.
Islamic law, on the other hand, is based on human interpretations of Sharia, known as fiqh. Sharia was developed over hundreds of years after the death of the Prophet Mohammed in the seventh century. Interpreting Sharia requires deep knowledge of the Quran and Sunna, fluency in Arabic, and expertise in legal theory.
Islamic law, therefore, can mean different things in different places and at different times in history. Today, interpretations of Sharia are usually still limited to rules of interpretation (usul al-fiqh) that were established by early scholars before 900 CE. For example, Islamic family law (IFL) is based on human interpretation and judgment, and is subject to change based on new interpretations.
The extent to which Sharia is compatible with democracy depends on how it is culturally interpreted. A cultural interpretation that Sharia represents the human attempt to interpret God's message is associated with a greater preference for democracy than an Islamist interpretation that Sharia law is the literal word of God.
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Critics say some practices of Sharia are incompatible with human rights
Critics argue that some practices of Sharia are incompatible with human rights, particularly in the areas of criminal justice, democracy, and social equality. For example, some Muslim-majority countries have laws that critics say impose cruel criminal punishments and place undue restrictions on the lives of women and minority groups. In Saudi Arabia, for instance, only Muslims are permitted to construct places of worship and pray in public. Nigeria, Pakistan, and Sudan have carried out capital punishment for blasphemy and apostasy.
Sharia, derived from the Quran and the sayings and practices of the Prophet Mohammed, is the divine counsel that Muslims follow to live moral lives and grow closer to God. While it guides the personal religious practices of Muslims worldwide, its role in modern legal systems is a subject of intense debate.
Some critics argue that Sharia is "wholly incompatible" with human rights legislation. For example, family law provisions of Sharia law in Lebanon give fathers or other male family members exclusive custody of children over seven, which has been deemed discriminatory and a violation of a mother's right to family life. Additionally, these provisions can constrain women to remain in abusive marriages for fear of losing their children.
Fundamentalists advocate for the complete and uncompromising implementation of "exact/pure Sharia", while modernists argue that it should be brought in line with human rights and contemporary issues such as democracy, minority rights, freedom of thought, women's rights, and banking.
However, the compatibility of Islam and human rights is a complex issue that depends on the specific interpretations of both Islam and human rights under discussion. Liberal Muslim thinkers and human rights activists argue that Islam is fully compatible with human rights as a set of ethical and religious values that can strengthen and legitimize legal standards.
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Muslims in some countries want Sharia to be the official law
Sharia, or "the correct path" in Arabic, is the divine counsel that Muslims follow to live moral lives and grow closer to God. It is derived from two main sources: the Quran, which is considered the direct word of God, and hadith—the sayings and practices attributed to the Prophet Mohammed that form the Sunna. While it guides the personal religious practices of Muslims worldwide, its role in modern legal systems is a subject of intense debate.
Most of the world's nearly fifty Muslim-majority countries have laws that reference Sharia, with about half of these nations having Sharia-based laws. The extent to which Sharia influences legal systems varies greatly across these countries, and people often misunderstand its role in their legal systems and the lives of individuals. While some critics argue that certain interpretations of Sharia result in cruel criminal punishments and restrictions on the lives of women and minority groups, others believe it can be brought into line with human rights and contemporary issues such as democracy, minority rights, and gender equality.
Support for making Sharia the official law of the land varies across different regions. In countries across South Asia, Southeast Asia, sub-Saharan Africa, and the Middle East-North Africa region, most Muslims favor making Sharia their country's official legal code. For example, in Malaysia, 66% of Muslims who want Sharia as the law of the land also favor punishments like cutting off the hands of thieves. In Afghanistan, there is nearly universal support (99%) for making Sharia the official law.
On the other hand, only a minority of Muslims across Central Asia, Southern Europe, and Eastern Europe want Sharia to be the official law. In these regions, relatively few Muslims who back Sharia support severe criminal punishments. The least support for allowing religious judges to decide matters in the domestic sphere is found in Kosovo (26%) and Bosnia-Herzegovina (24%).
While some countries with Muslim majorities, such as Turkey, have banned Sharia law, others have reinterpreted certain forms of it. Additionally, some countries like Germany do not recognize Sharia as a valid juridical system, but it still has a place in their private law through international private law regulations.
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Some countries have banned Sharia law
Sharia, or Islamic law, refers to the divine counsel that Muslims follow to live righteous and moral lives. It is derived from two main sources: the Quran, which is considered the word of God, and hadith—the sayings and practices of the Prophet Mohammed. While most Muslim-majority countries have laws that reference Sharia, the extent to which it influences legal systems varies widely.
In the modern era, many Muslim-majority countries have replaced traditional laws with statutes inspired by European codes, retaining classical Sharia rules mainly in personal status laws. For example, in Bangladesh, marriage, divorce, alimony, and property inheritance are regulated by Sharia for Muslims, despite the country's secular constitution. Pakistan and Saudi Arabia, which have Islam as their state religion, have also not fully implemented Sharia law.
However, some countries have banned Sharia law, prohibiting its application in courts and any civil or non-religious context. Here are some examples:
Turkey
Turkey, a Muslim-majority country, banned Sharia law in 1924 after the reforms of Kemal Atatürk and the establishment of the Republic of Turkey. Westernized civil and penal codes were adopted in 1926.
Canada
In Canada, the province of Quebec explicitly banned Sharia law in 2005 through a unanimous vote in the National Assembly of Quebec. The province of Ontario also does not allow Sharia law, arbitrating family law disputes solely under Ontario law.
United States
Several states in the United States have passed legislation banning Sharia law or, more generally, prohibiting the consideration of foreign or religious laws in court decisions. As of 2014, these states include Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota, and Tennessee. These bans are based on the Establishment Clause of the United States Constitution, which mandates that laws must be passed in a secular fashion and not by religious authorities.
While there is ongoing debate about the role of Sharia in modern legal systems, some countries have chosen to ban its application outright, opting for secular legal frameworks that do not consider religious norms.
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Frequently asked questions
Sharia is the ideal form of divine guidance that Muslims follow to live a righteous life. It is derived from the Quran, which is considered the word of God, and the sayings and practices of the Prophet Mohammed.
No, it is not a legal system. It is a code for living that all Muslims should adhere to, including prayers, fasting and donations to the poor. However, Islamic Law, which is based on human interpretations of Sharia, is a legal system.
Yes, Muslims can choose to follow secular laws instead of Islamic Law, which is derived from Sharia. However, it is important to note that in some Muslim-majority countries, aspects of Sharia law are incorporated into the legal system, and Muslims living in these countries would have to abide by these laws.
Some Muslims may want to renounce Sharia law because they believe it is incompatible with human rights, gender equality, and freedom of speech and expression. For example, in the UK, a "One law for all" campaign seeks to ban Sharia councils on the grounds that they discriminate against Muslim women.
Muslims who want to uphold Sharia law believe that it represents the perfect, immutable values understood only by God. They may also argue that it is possible to interpret Sharia law in a way that aligns with human rights and contemporary issues. Additionally, many Muslims worldwide follow aspects of Sharia in their private religious practices, separate from the legal system.
