Keith Mack
Sharia, or Islamic religious law, is a set of guidelines that Muslims believe God provided them to live moral lives and grow closer to God. It is derived from the Quran, the sayings and deeds of the Prophet Muhammad, and the Sunnah. While it is a personal religious law for most Muslims, it has been adopted in full or in part in several countries. In Muslim-majority countries, laws often reference Sharia, but there is a great diversity in how governments interpret and apply it. For instance, while some nations have laws that critics deem cruel or restrictive towards women and minorities, others argue for democracy and religious freedom based on the Quran. In non-Muslim-majority countries like the United States, Canada, and the United Kingdom, Sharia has been a contentious topic, with some fearing it as a threat to their legal systems and values. However, Muslim communities in these countries follow Sharia in their personal lives, just as adherents of other religions follow their sacred laws.
| Characteristics | Values |
|---|---|
| Guidance in religious worship | Prayer, fasting, pilgrimage |
| Guidance in worldly matters | Visiting the sick, taking care of parents, marriage, inheritance, investments, business affairs |
| Dress code | Men and women should dress modestly |
| Punishments | Public executions of convicted murderers and adulterers, amputation of hands for theft, death for criticizing or denying any part of the Quran |
| Gender roles | Men can beat their wives for insubordination, men can unilaterally divorce their wives, a divorced wife loses custody of children over 6 years of age, a woman's testimony in court carries half the weight of a man's, a female heir inherits half of what a male heir inherits, a woman cannot speak alone to a man who is not her husband or relative |
| Dietary restrictions | Meat must be Halal |
| Democracy | Sharia doesn't recommend a specific system of government, but it is used by different groups to argue both against and in favor of democracy |
| Religious minorities | In some Muslim countries, religious minorities have fewer rights and are discriminated against |
| Interpretation | There is no single interpretation of Sharia, and it may look quite different in different places due to local culture and customs |
| Extremism | Some conservative pundits and analysts have identified Sharia as a growing threat to the United States and other Western countries, arguing that extremists are trying to transform these countries into Islamic states |
| Pluralism | Sharia has historically demonstrated a record of tolerance and pluralism towards other cultures and religions |
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What You'll Learn
Sharia law is derived from the Quran, the Sunnah, and the Hadith
Sharia law, or the Islamic legal system, is derived from two primary sources: the Quran and the Sunnah and Hadith. The Quran is considered the direct word of God and is Islam's holy book. The Sunnah and Hadith are the deeds and sayings of the Prophet Muhammad, which collectively form the Sunnah.
The Quran is the first and most important source of Sharia law. It is the holy book of Islam and is considered the direct word of God. It is the ultimate authority on Islamic law and is accepted by all Muslims. The Quran provides guidance on a wide range of spiritual and worldly matters, including prayers, fasting, pilgrimage, marriage, inheritance, and business affairs. It also includes prescriptions for criminal punishments, such as the hudud punishments for major crimes like killing, adultery, and theft. However, it is important to note that the Quran does not mention stoning as a punishment, which is derived from the Hebrew and Christian Bibles.
The Sunnah and Hadith are the second source of Sharia law. They are the records of the deeds and sayings of the Prophet Muhammad, who is considered the most pious of all believers and whose actions became a model for all Muslims. The Sunnah includes the sayings of the Prophet (Sunnah Qawliyyah/Hadith) and his actions (Sunnah Al-Filiyya). There are also the practices prevailing at the time of the Prophet that he did not oppose or prohibit (Sunnah Taqrīriyyah). The Hadith is a collection of thousands of these sayings and practices, which were recorded and compiled by Islamic scholars. Shiite Muslims also include the words and deeds of the prophet's family in the Sunnah.
The interpretation of Sharia law is nuanced and varies according to local culture and customs, resulting in differences in how it is applied in different places. Islamic scholars interpret Sharia law to provide guidance to Muslims on how to lead their daily lives according to God's wishes. This includes guidance on personal religious practices, such as prayers and fasting, as well as worldly matters, such as family law, finance, and business.
In conclusion, Sharia law, or the Islamic legal system, is derived from the Quran, the Sunnah, and the Hadith. These sources provide the guidance that Muslims follow to live moral lives and grow closer to God, covering both spiritual and worldly matters. The interpretation and application of Sharia law vary, and it remains a subject of debate whether it should influence modern legal systems.
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It guides personal religious practices and daily life
Sharia guides the personal religious practices of Muslims worldwide, but whether it should influence modern legal systems remains a subject of debate.
Sharia is the ideal form of divine guidance that Muslims follow to live a righteous life. 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 Sunna. In Arabic, sharia means "the correct path" or "the clear, well-trodden path to water".
Sharia acts as a code for living that all Muslims should adhere to, including prayers, fasting, and donations to the poor. It can inform every aspect of daily life for a Muslim. For example, a Muslim may turn to a Sharia scholar for advice on socialising with colleagues to ensure they act within the legal framework of their religion. Other areas of daily life where Muslims may turn to Sharia for guidance include family law, finance, and business.
Sharia deals with a range of spiritual and worldly matters, including crime. It divides offences into two general categories: "hadd" offences, which are serious crimes with set penalties, and "tazir" crimes, where the punishment is left to the discretion of the judge.
Sharia is not a legal system. It is the overall way of life of Islam, as people understand it according to traditional, early interpretations. Islamic Law is based on someone's interpretation of the Sharia (which is an interpretation of the Quran and Hadith). Because it is a human interpretation, Islamic Law can mean different things in different places and at different times in history.
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It is not a political ideology
Sharia, or Sharia Law, is the religious law of Islam, constituting a system of duties that are incumbent upon all Muslims by virtue of their religious belief. 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 is not a political ideology. It is a code of behaviour that guides the personal religious practices of Muslims worldwide, including their daily prayers, almsgiving, fasting, and pilgrimage. It also deals with more complex issues such as family law, finance, and business. While it does provide guidance on worldly matters, it does not recommend a specific system of government. For example, some Muslims say democracy is a purely Western concept imposed on Muslim countries, while others say it has a basis in the Quran, as "mutual consultation" among the people is commended.
The role of Sharia in legal systems and the lives of individuals varies greatly depending on the country and local culture and customs. Most of the world's nearly fifty Muslim-majority countries have laws that reference Sharia, but there is no universal understanding or application of it. In some countries, Sharia has been interpreted to curtail the rights of women and religious minorities, while in other Muslim-majority countries, women are making great strides in education, work, politics, and the non-profit sector.
In the United States, American Muslims are free to follow Sharia in their personal lives, just as adherents of other religions follow their sacred laws and traditions. Sharia cannot supersede state or federal law, and Muslims are commanded by Sharia to abide by the law of the land in which they reside. There is no evidence of American Muslims trying to force Sharia on others or replace the Constitution with Sharia Law.
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It is interpreted differently in different countries
Sharia law 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. It is a code for living that all Muslims should adhere to, including prayers, fasting, and donations to the poor. It also guides the personal religious practices of Muslims worldwide.
However, there is a great diversity in how governments interpret and apply Sharia law, and people often misunderstand the role it plays in legal systems and individuals' lives. While some critics argue that Sharia law calls for cruel criminal punishments or places undue restrictions on women and minority groups, others emphasize that Sharia is mainly a code of ethical conduct, worship, and charity.
For instance, in Saudi Arabia, only Muslims can construct places of worship and pray in public, whereas other countries that claim to allow religious freedom may not do so in practice. Additionally, while some Muslim groups, like the Taliban, have followed interpretations of Sharia that curtail women's rights, women in other Muslim-majority countries are making significant strides in education, work, politics, and the non-profit sector.
Interpretation of Sharia law can also vary based on local culture and customs. For example, while some countries may interpret Sharia law to restrict women's rights, others may focus on the scriptural sources and advance liberal interpretations without adhering to the traditions of a particular madhhab, or school of Islamic law.
In the United States, Muslim Americans can follow Sharia in their personal lives, just as adherents of other religions follow their sacred laws and traditions. While there is no evidence of American Muslims trying to force Sharia on others, they are obligated to abide by the laws of the land, and no religious law can supersede state or federal law.
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It is not forced on non-Muslims
Sharia, or Islamic law, is a code of conduct that Muslims believe God provided to help them live moral lives and grow closer to God. It is derived from two sources: the Quran, which is considered the direct word of God, and the Hadith, which are the sayings and practices of the Prophet Muhammad. Sharia guides the personal religious practices of Muslims worldwide, and whether it should influence legal systems is a subject of intense debate.
Sharia law is often misunderstood, especially regarding its treatment of non-Muslims. While it is true that non-Muslims in some Muslim-majority countries face restrictions and discrimination, this is not due to Sharia law itself. On the contrary, Sharia has a rich tradition of justice, allowing non-Muslims to follow their own laws and legal systems in personal matters like marriage, divorce, and inheritance while living in Muslim-majority societies. This principle is underscored by the Quranic verse, "Let there be no compulsion in religion: Truth stands out clear from Error" (Quran 2:256), which emphasises that faith is a personal choice and that people should be free from coercion in their religious practices.
Non-Muslims living under Islamic rule were historically given the status of "dhimmi," which granted them protection and certain rights in exchange for the payment of a tax known as "jizya." This tax was often lower than the taxes paid by Muslims, and certain groups, such as Christian monks, were even exempted from paying it. The revenue generated from jizya was used not only for state administration and protection but also to provide social services and support for those in need, including elderly and disabled non-Muslims.
In some countries with Sharia-influenced legal systems, non-Muslims have legal autonomy in matters concerning personal status. For example, in Lebanon, which has a legal system based on Civil Law, Sharia, and Ottoman laws, there are separate sections for Sunni, Shia, and non-Muslim personal status laws. Similarly, the Malaysian Constitution states that Islamic laws only apply to Muslims, and Sharia courts have no jurisdiction over non-Muslims. In Indonesia, the reach of Sharia law in the province of Aceh was extended to non-Muslims in 2014, but they can choose to be punished under national law or regional Islamic law.
It is important to note that the interpretation and application of Sharia law vary significantly across countries, and it is often misunderstood or misapplied by groups such as the Taliban, giving it a negative reputation. While critics argue that Sharia-influenced laws in some countries impose cruel criminal punishments or restrict the rights of women and minorities, this is not inherent to Sharia itself but rather a result of specific interpretations and implementations.
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Frequently asked questions
Sharia law is Islam's legal system, derived from the Quran, the Sunnah, and the Hadith—the deeds and sayings of the Prophet Muhammad. It guides the personal religious practices of Muslims worldwide, addressing both personal and communal aspects of life.
Muslims follow Sharia law to live moral lives and grow closer to God. It guides them in their daily lives, including prayers, fasting, donations to the poor, family law, finance, and business.
The core values of Sharia law are theological and ethical rather than political. These include justice, fairness, and mercy. Muslims consider an interpretation of Sharia to be valid if it protects and advocates for life, property, family, faith, and intellect.
Sharia law divides offences into two categories: "hadd" offences, which are serious crimes with set penalties, and "tazir" crimes, where the punishment is left to the judge's discretion. While other legal codes prioritise rehabilitation, Sharia law favours corporal and capital punishments.
Critics argue that Sharia law places undue restrictions on women's rights. For example, a woman's testimony in court carries half the weight of a man's, and a female heir inherits half of what a male heir does. However, it's important to note that the interpretation and application of Sharia law vary across different Muslim-majority countries.
