Gavin Howe
Sharia, or Islamic law, is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. It is often thought of as a rigid set of practices and punishments inherited from early Islam, but this is not accurate. While sharia is considered immutable by Muslims, Islamic law has evolved over time and differs by country, influenced by local customs. Sharia is not a legal system, but rather an overall way of life, interpreted differently by various schools of thought. Over the last few decades, there has been much debate concerning the Islamic institution of sharia, including its compatibility with liberal ideologies and human rights.
| Characteristics | Values |
|---|---|
| Definition | "Way" or "Path" |
| Origin | Derived from the Quran and the Prophet Muhammad's teachings |
| Interpretation | Interpretations vary depending on the interpreter |
| Nature | Evolving vs. Immutable is a controversial topic |
| Application | Applied differently in different countries |
| Current Relevance | Can be adapted to address the needs of modern Islamic societies |
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What You'll Learn
The role of interpretation in Sharia law
Sharia, or Islamic law, is a set of religious laws that form a part of the Islamic tradition, based on scriptures of Islam, particularly the Quran and hadith. In Arabic, the word "sharia" means "way" or "path". It is derived from two main sources: the Quran, which is considered the direct word of God, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form the Sunnah.
Sharia is not a legal system but an overall way of life of Islam, as people understand it according to traditional, early interpretations. These interpretations date from 700 to 900 CE, not long after the Prophet Muhammad died in 632 CE. Interpreting sharia requires deep knowledge of the Quran and Sunnah, fluency in Arabic, and expertise in legal theory. However, interpretations of sharia can conflict depending on who is interpreting them.
Sharia has been elaborated and developed over the centuries by legal opinions issued by qualified jurists, reflecting the tendencies of different schools and integrated with various economic, penal, and administrative laws issued by Muslim rulers. By the second Islamic century, four schools of legal interpretation had become dominant throughout the region and had begun to articulate their legal codes in more formal ways, with doctrines that could speak to all Muslims. These interpretations of sharia attempted to distinguish between upright and wicked human conduct in legalistic terms, and their codes operated in tandem with various kinds of civil and state law.
Sharia can evolve with Islamic societies to address their contemporary needs. As the needs of the Muslim community change over time, new legal questions and challenges consistently arise. This means that Islamic law must evolve and adapt to the changing needs of society. This often entails the review of pre-existing flexible laws and/or the introduction of new laws in light of changing circumstances. This evolutionary nature of Islamic law has been a controversial topic for centuries.
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The compatibility of Sharia law with modern values
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. It is derived from the Arabic word 'shari'ah', which means 'way' or 'path'. In Islam, it refers to the divine counsel that Muslims follow to live moral lives and grow close to God.
Sharia is not a legal system but an overall way of life of Islam, as people understand it according to traditional, early interpretations. These interpretations date from 700 to 900 CE, not long after the Prophet Muhammad died in 632 CE. Sharia is based on the Quran and the Prophet Muhammad's sayings and actions. However, it is created by people who interpret the Quran and the Prophet's words and actions.
Sharia's compatibility with modern values is a subject of intense debate. Many observers view it as a rigid legal system that cannot evolve to reflect modern, Western values. Debates over Sharia often centre on certain topics, such as corporal punishment for crimes like theft, blasphemy, and adultery, which are considered draconian compared to most modern legal systems. For instance, the hudud punishments include stoning, lashing, and amputation. Applying such punishments requires meeting extensive evidentiary thresholds, so scholars say they are meant to serve as a deterrent rather than having a punitive effect.
However, Sharia can also evolve with Islamic societies to address their needs today. Migration, modernisation, and new technologies have decreased the dominance of classical Sharia. Islamic law varies by country, is influenced by local customs, and evolves over time. Interpretations of Sharia can conflict depending on who is interpreting them, and modern Islamic seminaries have not standardised the level of competency or the length of study necessary to qualify as a jurist.
In Muslim-majority countries, traditional laws have been widely used or changed by European models, and judicial procedures and legal education have been brought in line with European practices. Some sources of Sharia, such as the Quran, are considered divine by Muslims, and they believe that Sharia refers to the perfect, immutable values understood only by God. Islamic laws are based on interpretations of Sharia, and many Muslims see no contradiction between democratic values and religious principles.
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The flexibility of Islamic law
Islamic law, or Sharia, is a body of religious law that forms part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. Sharia means "the correct path" in Arabic and refers to the divine counsel that Muslims follow to live moral lives and grow close to God.
Sharia is often viewed as a rigid legal system that cannot evolve to reflect modern, Western values. However, this is not the case. Sharia is based on interpretations of the Quran and the sayings and practices of the Prophet Muhammad, which are collectively known as the Sunna. These interpretations can vary depending on who is interpreting them, and they can evolve over time to address the needs of Islamic societies. For example, modern Islamic seminaries have not standardized the level of competency or the length of study necessary to qualify as a jurist.
Islamic law recognizes permanent laws for permanent human requirements and maintains a changing attitude towards varying requirements. Some requirements are unchanging and permanent, such as the discipline that human beings maintain with respect to their instinctive urges and the discipline they establish for their society. However, other requirements are varying and call for non-permanent laws. For example, Islam has not specified that any particular means or form must be used for activities such as tailoring, weaving, agriculture, or transport. This flexibility allows for the easy integration of temporal progress and advances in knowledge.
Additionally, while the constitutions of most Muslim-majority states contain references to Sharia, its rules are largely retained only in family law and penalties. Migration, modernization, and new technologies have decreased the dominance of classical Sharia, and Islamic law varies by country and is influenced by local customs. As a result, there is great diversity in how governments interpret and apply Sharia, and it is often misunderstood.
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The role of Sharia law in family law
Sharia law, or "the correct path" in Arabic, is a set of religious laws within Islam that guide the personal religious practices of Muslims worldwide. It is derived from the Quran, which is considered the direct word of God, and the Hadith, which are the sayings and practices attributed to the Prophet Mohammed. While it is not a legal system, it influences how Muslims understand the overall way of life of Islam.
Sharia law deals with a wide range of topics, from family and financial matters to personal hygiene and clothing. In the context of family law, Sharia law plays a significant role in marriage and divorce. For example, in the UK, there are Sharia councils that provide rulings and advice to Muslims on marriage and divorce, in accordance with their interpretation of Islam. These councils have no legal authority and cannot overrule the decisions of UK courts or enforce any penalties. However, many Muslims voluntarily accept their rulings.
In Muslim-majority countries, the application of Sharia law in family law can vary. While some countries may have laws that critics say place undue restrictions on the lives of women, there is diversity in how governments interpret and apply Sharia law. For instance, in some countries, women may face restrictions on initiating divorce and marriage without a male guardian, contributing to gender-based violence and child marriages. On the other hand, Islamic law has always provided divorce options for wives, but each option requires a third party, such as a judge or a body of legal scholars, to make the determination.
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The application of hudud punishments
The hudud ordinances and punishments in classical Islamic law include flogging, stoning, and capital punishment. These punishments have been called for by Islamic political parties to be strictly and immediately applied as state statutory law. However, the reintroduction of these punishments into state law has been problematic.
Hudud punishments are largely a teaching mechanism for society and a deterrent for potential criminals. They are meant to express society's disapproval of major crimes such as theft, adultery, and murder. The burden of proof required to implement these punishments in classical Islamic law is so high that modern Muslim scholars argue that they should rarely be applied, if at all.
The question at hand is not whether hudud punishments should be reintroduced as statutory law, but rather how classical Islamic law can be adapted to meet the needs of justice in modern societies. A literal and decontextualized application of hudud has led to injustice, as these laws have disproportionately targeted the lower classes and women, and have been applied without due process and appropriate legal counsel for the accused.
Some argue that the hudud punishment of amputation for theft is seldom used and thus more humane than other punishments, providing a strong deterrent against theft. However, critics of hudud punishments argue that they are incompatible with international norms of human rights and justice.
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Frequently asked questions
Sharia law, or Sharī'ah, is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith.
No, it is not a legal system. It is the overall way of life of Islam, as understood according to traditional, early interpretations.
Yes, Sharia law can evolve with Islamic societies to address their needs today. However, critics argue that it is a rigid legal system that cannot evolve to reflect modern, Western values.
Sharia law has been elaborated and developed over the centuries by legal opinions issued by qualified jurists, reflecting the tendencies of different schools, and integrated with various economic, penal, and administrative laws issued by Muslim rulers.
In Egypt, a law of 1920 codified Mālikī law, which recognizes a wife's right to judicial dissolution of her marriage, as the law to be applied by the Sharia courts, replacing the traditional Ḥanafī law that did not allow this. In Pakistan, a new interpretation of the Quran and Hadith was the declared basis of the reforms introduced by the Muslim Family Laws Ordinance of 1961.
