Cecily Zamora
Sharia law, 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 the Quran, the holy book of Islam, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed. While it guides the personal religious practices of Muslims worldwide, its implementation in legal systems has been a subject of intense debate. In countries where Sharia law holds sway, it has been used to perpetuate gender inequality and restrict women's freedoms. This is particularly true in Afghanistan under the Taliban, where women have been placed under house arrest, banned from wearing nail polish, and sentenced to public humiliation, flogging, and stoning for various crimes. With regard to alcohol, the majority of Muslims consider it haram (prohibited or sinful), but a significant minority do drink, and Islamic countries vary in how they interpret and apply Sharia law in this context.
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What You'll Learn
Alcohol consumption by women under Sharia law
Alcoholic drinks are generally prohibited under Islamic thought, with the Quran including several verses that admonish the consumption of Khamr, an Arabic term for intoxicants that is interpreted to include most forms of alcohol and psychoactive drugs. The Quranic verses that discourage alcohol include:
> They ask you about wine (Khamr) and gambling. Say, "In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit."
> O you who acknowledge, Do not go near prayer, (Salat) while you are stupified (under influence), until you know what you are saying.
However, there is a debate about what exactly the Koran's vague passages on drinking prohibit. The majority opinion holds that the intoxicant—alcohol itself—is banned, while a minority view is that it is intoxication—getting drunk—that is forbidden.
Islamic jurisprudence specifies which foods are halal (lawful) and haram (unlawful). The dietary laws are found in the Quran, as well as in collections of traditions attributed to the Islamic prophet Muhammad. Alcohol is considered haram (prohibited or sinful) by the majority of Muslims, but a significant minority drinks, and those who do often outdrink their Western counterparts. During Ramadan, many Muslim drinkers abstain from consuming wine, beer, or spirits of their own free will for the duration of the month.
Sharia law, or the divine counsel that Muslims follow to live moral lives and grow close to God, 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 Sunna. While it guides the personal religious practices of Muslims worldwide, whether it should influence modern legal systems remains a subject of intense debate.
Sharia law varies in interpretation across different countries, leading to unique legal systems with varying degrees of severity. In some countries, it has become a tool to perpetuate inequality and restrict women's freedoms. For example, in Iran and Saudi Arabia, Islamic law-based regulations require women to wear veils and be accompanied by male guardians in public places. In Afghanistan, the Taliban has placed similar restrictions on women, prohibiting them from interacting with boys over 12 or men who are not family, and stipulating that girls above eight must wear a burqa when accompanying a male member of the family or when they interact with an outsider at home.
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Women's rights and freedoms under Sharia law
Sharia law, or Islamic law, is a legal system derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith—the deeds and sayings of the Prophet Muhammad. It acts as a code for living that all Muslims should adhere to, encompassing various aspects of daily life, including prayers, fasting, and donations to the poor, personal conduct, family matters, criminal law, and economic transactions. While it is meant to provide guidance, in some countries, its interpretation has become a tool to perpetuate inequality and restrict women's freedoms and rights.
In countries like Saudi Arabia and Iran, women's lives are closely monitored and regulated through the implementation of Sharia law. For instance, in Iran, a male guardianship system governs women, requiring them to obtain permission to marry, divorce, gain custody, inherit, or even travel abroad. Women in these countries face restrictions on their fundamental human rights, including their right to education and employment. Additionally, under classical Sharia criminal law, men and women are treated differently regarding evidence and blood money. The testimony of a man is considered to be twice as strong as that of a woman, and in cases of hadd offenses and retaliation, the testimonies of female witnesses are not admitted at all.
The interpretation and enforcement of Sharia law vary across different countries, resulting in unique legal systems with varying degrees of severity toward women. For example, in Afghanistan, the Taliban's strict interpretation of Sharia has led to the closure of women's beauty salons and public executions of convicted murderers and adulterers. In contrast, other countries may adopt more lenient interpretations, allowing for women's participation in economic activities and the preservation of their family names after marriage.
While the consumption of alcohol is generally prohibited under Islamic thought, with the Quran admonishing the consumption of intoxicants, there is a lack of consensus among Muslim jurists on how to address alcohol consumption. Some schools of Islamic jurisprudence, such as the Shafi’i school, consider the consumption of alcohol a sin but do not prescribe lashes as punishment. The issue of alcohol consumption under Sharia law is further complicated by regional variations and cultural influences.
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Women's education under Sharia law
While Sharia law does not explicitly prohibit women from drinking, Islamic dietary laws forbid the consumption of alcohol, which is considered haram (prohibited or sinful). Alcohol is generally prohibited under Islamic thought, with the Quran including several verses that admonish the consumption of khamr, an Arabic term for intoxicants that is interpreted to include most forms of alcohol and psychoactive drugs.
However, it is important to note that not all Muslim-majority countries interpret and enforce Sharia law in the same way. In some countries, girls and women have access to education, although they may be required to adhere to certain dress codes, such as wearing a headscarf. Additionally, according to all schools of Islamic law, the injunctions of Sharia law apply to all Muslims, male and female, who have reached the age of maturity. This suggests that women are entitled to the same educational opportunities as men within the framework of Islamic law.
While there may be cultural or societal barriers that impact women's access to education in some Muslim-majority countries, it is not inherently a result of Sharia law. The interpretation and implementation of Sharia law vary, and it is a complex legal system that aims to guide Muslims in various aspects of their daily lives, including family law, finance, and business. Ultimately, the quality of education and the opportunities available to women can depend on a variety of factors, including the specific country, local customs, and the interpretation of religious scholars and leaders.
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Women's employment under Sharia law
Sharia law, or Islamic law, is the legal system of Islam, derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith—the deeds and sayings of the Prophet Muhammad. It acts as a code for living that all Muslims should adhere to, including prayers, fasting, and donations to the poor. While it is meant to guide the personal religious practices of Muslims worldwide, its influence on modern legal systems is a subject of intense debate.
Most of the world's nearly fifty Muslim-majority countries have laws that reference Sharia law. However, there is a great diversity in how governments interpret and apply it, and people often misunderstand its role in legal systems and individuals' lives. For example, in some countries, it has become a tool to perpetuate inequality and restrict women's freedoms, from limiting access to education and employment to denying fundamental human rights.
In Iran, a male guardianship system governs women, requiring them to obtain permission from a male relative to make important decisions regarding marriage, divorce, custody, inheritance, and even travel abroad. Such a system can significantly impact a woman's ability to pursue employment and maintain financial independence.
Additionally, the interpretation of Sharia law by religious scholars and Islamic jurists can influence women's employment opportunities. For instance, a Sharia scholar may advise a Muslim woman on how to act within the legal framework of her religion if her colleagues invite her to the pub after work. This guidance, known as a fatwa when considered a formal legal ruling, can shape a woman's participation in social and professional networking activities, potentially impacting her career prospects.
Overall, while Sharia law itself does not explicitly prohibit women's employment, its interpretation and implementation in certain countries can result in restrictions on women's economic opportunities and their ability to pursue certain careers. The influence of cultural norms and societal expectations, as well as the role of religious scholars and jurists, further shape the landscape of women's employment under Sharia law.
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Women's dress code under Sharia law
Women's dress codes under Sharia law have been a controversial topic in recent years, with some groups arguing that they are restrictive or controlling, while others view them as a positive expression of faith and a way to achieve gender equality. While the interpretation and implementation of Sharia law vary across different regions, here is an overview of the general guidelines regarding women's dress codes:
Modesty and Hijab:
The fundamental principle guiding women's dress codes in Islam is modesty. The Quran emphasizes covering the body, particularly the chest area. The verse 24:31 is often cited, where God instructs women to "draw their head-coverings over their chests" and use their "khimar" (garment) to cover their cleavage. The word "hijab" also refers to modesty and can be interpreted as a style of dress or a specific form of veil. While the hijab is commonly associated with covering the hair and head, the Quran does not explicitly command women to cover their heads.
Clothing Requirements:
Islamic clothing for women is generally expected to be loose-fitting, non-transparent, and modest, covering the body from the ankles to the neck. Clothing should not be see-through, and the material should be thick enough to obscure the color of the skin and the shape of the body. Shiny or flashy clothing is discouraged, as it defeats the purpose of overall modesty. Women are also advised to avoid dressing like men and are expected to be proud of their femininity.
Exceptions and Variations:
It is important to note that dress codes are generally relaxed within the privacy of one's home and among family members. Additionally, Islamic dress codes vary across different parts of the world, influenced by cultural and social factors. In some regions, such as Central Asia, the burqa or chador is commonly worn, while in other areas, the dress may be entirely different.
Legal and Social Controversies:
The enforcement of Islamic dress codes has sparked controversies and legal debates, particularly in Western countries. Some European nations, like France, Turkey, and the Netherlands, have introduced bans on certain types of Islamic dress, such as face-covering veils, in public institutions and schools. These bans have been justified on the grounds of secularism and state neutrality, but they have also been criticized for stigmatizing Muslim communities and violating religious freedom.
In conclusion, women's dress codes under Sharia law emphasize modesty and are guided by interpretations of the Quran and Hadith. While there are general guidelines, the specific dress codes vary across different Islamic traditions and regions. The topic of women's dress codes in Islam continues to be a subject of debate, with ongoing discussions about personal freedom, religious expression, and gender equality.
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Frequently asked questions
Alcoholic drinks are generally prohibited under Islamic thought, with the Quran including several verses that admonish the consumption of Khamr, an Arabic term for intoxicants that is interpreted to include most forms of alcohol and psychoactive drugs. However, a minority of Muslims do drink and believe that consuming alcohol is not forbidden in the Quran.
In Pakistan, the penal code states that those convicted of consuming alcohol are awarded 80 lashes. In Saudi Arabia, lashes can also be part of the sentence for consuming alcohol. In Iran, a man was given 80 public lashes for consuming alcohol.
In some countries, Sharia law has become a tool to perpetuate inequality and restrict women's freedoms. For example, in Iran and Saudi Arabia, women are required to wear veils and be accompanied by male guardians in public places. Women's lives are closely monitored and regulated through the implementation of Sharia law in Saudi Arabia. In Afghanistan, the Taliban placed effective house arrests on women, prohibiting them from hanging out with friends outside the home.
Women's rights activists in Afghanistan are using the country's bid for United Nations recognition as an opportunity to advocate for their rights and freedoms, including access to education. Muslim feminists have also long argued that sexist interpretations of Sharia law stem from social norms, not from Islam itself.
