Sharia Law And Non-Muslims: Who Does It Affect?

Sharia law is a set of laws derived from the Koran, the Sira (Mohammed's biography), and the Hadith (Mohammed's traditions). It is considered superior to all other man-made laws. While some Sharia laws are exclusive to Muslims, such as funeral rites, marriage, and dietary laws, others apply to non-Muslims. For example, there are Sharia laws that dictate how Muslims should treat their non-Muslim family members and neighbours.

Non-Muslims can be governed by their own Sharia law

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. In Islamic terminology, Sharia refers to immutable, intangible divine law.

Sharia law is applicable to all aspects of life, including public behaviour, personal behaviour, and even personal beliefs. Under Sharia law, all human actions are regulated and categorised as obligatory, recommended, disliked, or permitted.

Non-Muslims residing in Muslim countries have the right to abide by the rulings of their own faith in matters of worship and personal/family affairs. It is permissible to set up special courts to look into their litigations, with verdicts to be implemented by the state. In other matters, the laws of the land apply.

Non-Muslims are bound by the same obligations as Muslims, as they are both equal in rights and duties. They should observe public order and manners in the country, avoid violation of the law, and show loyalty to the country to which they belong.

In the context of a modern state, the term "al-qānūn al-islāmī" (Islamic law) is used in the Muslim world to refer to a legal system. In mixed legal systems, Sharia rules are allowed to influence some national laws, and the central legislative role is played by politicians and modern jurists rather than traditional Islamic scholars (ulema).

In some countries, religious minorities such as Christians or Shia Muslims are subject to separate systems of family laws. In Malaysia, for example, Sharia is imposed only on Muslims and deals with moral and family matters. Non-Muslims are required to follow secular laws that deal with the same matters.

In classical fiqh, the term jihad refers to armed struggle against oppressors. Classical jurists developed an elaborate set of rules pertaining to jihad, prohibiting harming those who are not engaged in combat.

Non-Muslims are exempt from Islamic obligations such as zakat and military service

Sharia law, or Islamic law, is a religious law that governs the behaviour of Muslims. While it does not apply to non-Muslims in the same way, non-Muslims living in Muslim-majority countries are still subject to some aspects of it.

Non-Muslims are exempt from certain Islamic obligations, such as zakat and military service. Zakat is a form of alms-giving and one of the Five Pillars of Islam, which Muslims are obliged to follow. However, non-Muslims are exempt from paying zakat, although there is a minority opinion based on the Hanafi ruling that zakat can be given to the "People of the Book", including Jews and Christians.

Non-Muslims are also exempt from military service. Historically, non-Muslims living in Muslim lands were required to pay the jizya, a type of tax levied on non-Muslim subjects. In return for this tax, non-Muslims were exempted from military service and permitted to practise their own religion. The jizya was abolished in the 19th and 20th centuries in countries such as Algeria, Tunisia, Morocco, and the Ottoman Empire.

In addition to these exemptions, non-Muslims living in Muslim-majority countries generally have the freedom to practise their own religion and are guaranteed protection of their life, property, and honour. They are also entitled to fair and equal treatment under the law and have the right to work, housing, transportation, and education.

Non-Muslims can drink alcohol and eat pork in Islamic states

Sharia law guarantees non-Muslims in Muslim countries the same public and private rights as Muslims. While some religious rules are limited to Muslims, such as funeral rites, marriage, and dietary laws, non-Muslims are free to abide by the rulings of their own faith in matters of worship and personal and family affairs.

In terms of alcohol consumption, while it is considered haram or forbidden in Islam, non-Muslims in Islamic states are permitted to drink alcohol. Some Islamic nations have strict bans on alcohol, such as Saudi Arabia, where drinking is punishable by flogging, fines, imprisonment, and deportation for foreigners. On the other hand, countries like the United Arab Emirates allow residents to drink alcohol at home and in licensed venues. Other countries, like Qatar, allow alcohol consumption by non-Muslims in certain designated areas, such as hotel bars.

When it comes to eating pork, Islamic dietary laws explicitly forbid the consumption of pork, as outlined in several Quranic verses. However, this restriction applies specifically to Muslims. Non-Muslims in Islamic states are not bound by this dietary law and are allowed to consume pork.

It is important to note that while non-Muslims have the freedom to drink alcohol and eat pork in Islamic states, they are expected to show respect for the culture and traditions of the host country, particularly when it comes to adhering to public order and manners.

Non-Muslims have the same social responsibilities and rights as Muslims

Sharia law, or Islamic law, applies to the private and public lives of Muslims but also has implications for non-Muslims in some Muslim-majority countries. While some rules are exclusive to Muslims, such as funeral rites, marriage, and dietary laws, non-Muslims are generally held to the same standards as Muslims in terms of social responsibilities and rights.

Social Responsibilities

Non-Muslims are expected to observe public order and manners, avoid violating the law, and show loyalty to the country in which they reside. They are also expected to respect Islamic prohibitions, such as not drinking alcohol or eating pork, and not to practise their faith in ways that are explicitly against Islamic law.

Social Rights

Non-Muslims have the right to practise their own faith and abide by the rulings of their religion in matters of worship and personal/family affairs. They are permitted to have their own courts for civil law matters such as marriage, inheritance, and divorce.

Social Equality

The Islamic concept of 'people of the covenant' includes non-Muslims who live in a Muslim land (Dhimmī), those who live in a country with a peace treaty with Muslims (Muʿāhid), and those who are visiting from outside Muslim lands (Mustaʾmin). These groups are all entitled to certain legal and moral protections that are equivalent to those of Muslim citizens.

Social Exceptions

There are some exceptions to the equal treatment of non-Muslims under Sharia law. For example, non-Muslims are excluded from specific duties assigned to Muslims, such as paying the Zakat religious tax or performing military service. In some countries, non-Muslims are also exempt from certain punishments, such as public caning for committing a punishable sin.

Social Interactions

Islam strongly encourages good behaviour towards neighbours, regardless of their religion. Classical Islamic scholars developed rules of neighbourliness that gave the same protective rights to Muslims and non-Muslims alike. The Prophet is quoted as saying, "He is not a believer whose stomach is filled while the neighbour to his side goes hungry."

Non-Muslims can be punished under Sharia law for certain crimes

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 supposed to only be applied to Muslims. However, in some cases, non-Muslims have been punished under Sharia law.

In Indonesia, for example, two Buddhist men were caned for cockfighting, and two citizens of Chinese descent were also punished under Sharia law for the same crime. According to Acehnese law, non-Muslim citizens who commit crimes in Aceh can choose to be punished under Sharia or national law. The only instance when a convicted non-Muslim must be punished under Sharia law is if the crime committed is not covered under the National Criminal Law.

In Darul Islam, non-Muslims generally have the same social responsibilities and rights as Muslims, and the same laws are applied to them. However, there are differences in marriage and heritage. For example, there is no heritage between a Muslim and a non-Muslim.

In classical Sharia, there are two kinds of requirements for non-Muslims to be considered "protected": requirements to be Mustahak and requirements to be Mustahab. If non-Muslims violate the requirements to be Mustahak, it means they break the agreement. Some of these requirements include not saying anything bad about the Quran, not accusing the Prophet Muhammad of being a liar, and not causing fitna in Islam.

In some Muslim-majority countries, traditional rules of classical fiqh have been largely preserved only in family law. In some countries, religious minorities such as Christians or Shia Muslims have been subject to separate systems of family laws.

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