Sharia Law And Foreigners: Who Does It Apply To?

Sharia 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 derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith - the deeds and sayings of the Prophet Muhammad.

Sharia acts as a code for living that all Muslims should adhere to, including prayers, fasting and donations to the poor. It aims to help Muslims understand how they should lead every aspect of their lives according to God's wishes.

Sharia law is applied in many countries, including Afghanistan and the United Arab Emirates. In the UAE, the law is applied to both the local population and expatriates.

Sharia law and family matters

Sharia 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 the overall way of life of Islam, as people understand it according to traditional, early interpretations. It is not a legal system but includes Islamic principles to help guide people to new answers. It also includes common cultural practices that had to do with a specific time and place in history.

Sharia law is not imposed on non-Muslims residing under Islamic rule. Non-Muslims have legal autonomy to adjudicate their internal affairs. However, cases involving litigants from two different religious groups fall under the jurisdiction of Sharia courts, where the testimony of non-Muslim witnesses against a Muslim is inadmissible in criminal cases or at all.

Sharia law is used to govern family matters such as marriage, divorce, and custody of children. It also covers inheritance and property rights. In Islamic countries, family law is one of the few areas where traditional rules of classical fiqh have been largely preserved.

In Australia, there have been recurring requests for formal state recognition to be given to Islamic law, especially for family law matters involving Muslims. However, the Australian government has maintained a "one law for all" approach, arguing that freedom of religion and worship is protected, but religion should not play a part in the formal legal system.

In the United States, opponents of Sharia have sought to ban it from being considered in courts. After failing to gather support for a federal law making observing Sharia a felony, anti-Sharia activists have focused on state legislatures. By 2014, bills aimed against the use of Sharia had been introduced in 34 states and passed in 11.

In the United Kingdom, the Muslim Arbitration Tribunal makes use of Sharia family law to settle disputes, though this limited adoption of Sharia is controversial.

Sharia law and criminal matters

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. It is a broad term with multiple meanings and is used in multiple ways by Muslims. In the context of criminal matters, Sharia law distinguishes between crimes that violate the 'rights of humans' and those that violate the 'rights of God', with the latter being referred to as hudud, which translates to 'limit' or 'boundary'.

Hudud Crimes

Hudud crimes are a special category of crimes that violate the rights of God and include adultery/fornication, falsely accusing someone of fornication, consuming intoxicants, some types of theft, and armed robbery or banditry. The punishments for these crimes, as set out in the Quran and Sunnah (the sayings and deeds of the Prophet Muhammad), are extremely severe and include stoning, flogging, amputation, and death.

Conditions and Standards of Proof

However, it is important to note that there are several conditions and high standards of proof that must be met before these punishments can be carried out. Firstly, an adult Muslim who commits one of these crimes is only theoretically liable for the hudud punishment if they are of sound mind and intentionally engage in the act despite being aware that it is prohibited. Secondly, the Quran and Sunnah demand an extremely high standard of proof before such punishments can be implemented. For example, in the case of adultery, the Quran states that there must be four reliable witnesses to the act, and anyone who accuses someone of adultery without those witnesses should themselves be punished with 80 lashes for slander. As a result of these stringent conditions, the hudud punishments were rarely carried out and primarily served as a deterrent.

Islamic Jurisprudence and Diversity in Islamic Law

The interpretation and application of Sharia law in criminal matters are not static and uniform but rather are subject to diversity and change over time. Islamic jurisprudence, known as fiqh, is the human attempt to interpret and understand God's will as set out in the Quran and Sunnah. It is a dynamic and adaptive body of jurisprudence that recognises diversity and differences of opinion within certain limits. Fiqh is produced by Muslim scholars, known as jurists or faqih, who are distinct from judges (qadi) who implement the law.

Over time, different schools of thought and legal opinions have emerged, resulting in different schools (madhhab) of law, each offering slightly different conclusions about how God wants Muslims to live. Among Sunni Muslims, there are four surviving schools of law (Hanafi, Hanbali, Maliki, Shafi'i), all of which are considered orthodox. While jurists may disagree on particular issues, many recognise that differences of opinion are inevitable and legitimate as long as the basic principles of Islam are upheld.

Contemporary Debates and Controversies

In the contemporary context, there are ongoing debates and controversies surrounding the compatibility of Sharia law, particularly hudud punishments, with modern values and human rights. While some Muslims argue for the complete and uncompromising implementation of "exact/pure sharia", others advocate for bringing it into line with human rights, democracy, minority rights, freedom of thought, and women's rights.

In Muslim-majority countries, the legal systems vary, with some possessing classical Sharia systems where national law is largely uncodified and formally equated with Sharia, while others have mixed legal systems that incorporate elements of European or Indian models. Even within Muslim-majority countries, there are differing interpretations and applications of Sharia law, with traditional and modernist views often coexisting.

Sharia law and finance

Sharia law, 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. In Islamic terminology, sharia refers to immutable, intangible divine law. Sharia law has been elaborated and developed over the centuries by legal opinions issued by qualified jurists and integrated with various economic, penal and administrative laws issued by Muslim rulers.

Islamic finance refers to how businesses and individuals raise capital in accordance with Sharia, or Islamic law. Islamic finance can be seen as a unique form of socially responsible investment. This sub-branch of finance is a burgeoning field.

Islamic finance is banking, lending, and saving practices that comply with Islamic law. Islamic beliefs limit the types of investments allowed due to the nature of the underlying company or the features of the financial instrument. Islamic banking views lending as a relationship that unfairly favours the lender; as a result, loans must be interest-bearing and interest cannot be earned. Sharia law also states investors must not invest in companies that engage in forbidden activities, limiting the scope of public equities an Islamic investor can hold.

Islamic finance assets grew at double-digit rates during the past decade, from about US$200 billion in 2003 to an estimated US$1.8 trillion at the end of 2013. However, despite its growing spread, Islamic finance assets are still concentrated in the Gulf Cooperation Council (GCC) countries, Iran and Malaysia, and represent less than one per cent of global financial assets.

Islamic finance currently encompasses banking, leasing, Sukuk (securities) and equity markets, investment funds, insurance ("Takaful") and microfinance. The banking and Sukuk assets represent about 95 per cent of total Islamic finance assets.

Some of the modes of Islamic finance include:

• Mudarabah (profit-sharing and loss-bearing)
• Wadiah (safekeeping)
• Musharaka (joint venture)
• Murabahah (cost-plus)
• Ijarah (leasing)

Sharia law and business

Sharia law is a set of Islamic religious laws that govern the day-to-day life of Muslims, including their personal lives, their responsibilities to society, their religious beliefs, and their finances. It is derived from the Quran and the teachings of the Prophet Muhammad, which are interpreted by Islamic scholars.

Sharia law has a significant impact on business and investment, and its principles are often integrated into the financial systems of Muslim-majority countries. Here are some key aspects of how Sharia law relates to business:

Investment Restrictions

Sharia law prohibits Muslims from investing in or working with companies engaged in certain activities deemed impermissible, including:

• Brewing and producing alcohol
• Producing or distributing pornography
• Manufacturing pork products
• Manufacturing weapons and armaments
• Producing tobacco and tobacco-related products
• Operating casinos or other gambling companies

Interest Prohibition

One of the most notable features of Sharia law in business is the prohibition of interest (riba). This means that charging or paying interest on loans, mortgages, or other financial instruments is forbidden. Islamic banking and finance have developed alternative structures, such as profit-sharing agreements, to comply with this restriction.

Risk and Uncertainty

Sharia law discourages excessive risk and uncertainty in business transactions. Gharar, which refers to excessive uncertainty or risk, is prohibited. This concept also applies to contracts, where all essential elements must be clearly defined to avoid dubiousness or unjust enrichment.

Gambling Prohibition

Maysir, or gambling, is prohibited in Sharia law as it is considered to create unjust advantages and can lead to addiction and financial ruin.

Trade Practices

Sharia law promotes honest and beneficial trade practices. Trade manipulations, hoarding, black marketing, profiteering, and adulteration are considered dishonest and contrary to Islamic principles.

Islamic Finance Products

To comply with Sharia principles, Islamic financial institutions have developed specific products and services:

• Ijara: A leasing agreement where a bank leases an item to a customer for a specific period.
• Ijara-wa-Iqtina: Similar to Ijara, but the customer can purchase the leased item at the end of the period.
• Mudaraba: Investment products where the bank and customer share profits.
• Murabaha: A form of credit without interest, enabling customers to make purchases.
• Musharaka: An investment partnership between the bank and customer, with profit-sharing according to a pre-agreed contract.

Compliance and Evaluation

To ensure compliance with Sharia principles, Islamic financial institutions establish Sharia boards consisting of Islamic scholars. These boards evaluate investment decisions and the businesses they invest in, providing guidance and ensuring alignment with Sharia law.

Sharia law and dress code

Sharia law, or Sharīʿah, is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. The word Sharīʿah is used by Arabic-speaking peoples of the Middle East to designate a prophetic religion in its totality.

The dress code for women in Islam is known as the hijab. The term ḥijāb was originally used to denote a partition or a curtain and was sometimes used for Islamic rules of modesty. In the Qur'an, the term refers to a curtain separating visitors to Muhammad's main house from his wives' lodgings. The use of the hijab has grown globally since the 1970s, with many Muslims viewing it as a symbol of modesty and faith.

There is a consensus among Islamic religious scholars that covering the head is either required or preferred. In practice, most Muslim women choose to wear it. However, there is variation in interpretations regarding the extent of covering required. Some legal systems accept the hijab as an order to cover everything except the face and hands, while others accept it as an order to cover the whole body, including the face and hands. These guidelines are found in texts of hadith and fiqh developed after the revelation of the Qur'an.

Some state that these guidelines are aligned with Qur'anic verses (ayahs) about hijab, while others interpret them differently and argue that it is not mandated. Reformist groups claim that veiling is a recommendation rooted in historical context rather than an absolute mandate. Islamic veiling practices vary globally based on local laws and customs. In some regions, the hijab is mandated by law, while in others, its use is subject to restrictions or bans in both Europe and some Muslim countries.

According to Islamic scripture, about seven verses address the way a woman should dress when walking in public. Muslim scholars have differed in their interpretations of these verses, with some stating that a hijab is required and others saying it is not. The clearest verses on this topic are Surah An-Nur 24:30-31, telling both men and women to dress and act modestly, with more detail on women's position.

The four major Sunni schools of thought (Hanafi, Shafi'i, Maliki and Hanbali) believe that it is obligatory for free women to cover their hair, and the entire body except their face and hands, while in the presence of people of the opposite sex other than close family members. In Shia jurisprudence, by consensus, it is obligatory for women to cover their hair, and the entire body except their hands and face, while in the presence of people of the opposite sex other than close family members.

Frequently asked questions