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Sharia, or Islamic law, is a 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 and Sunnah (prophetic tradition) by qualified scholars who use an interpretative process that includes reasoning by analogy and scholarly consensus. Sharia is not a legal system but a way of life, guiding the personal religious practices of Muslims worldwide. It is applied differently in different countries, with some Muslim-majority countries possessing Sharia-based laws dealing with family matters, while others have criminal codes influenced by civil or common law. Views on Sharia also vary among Muslims, with some believing it is the revealed word of God, while others see it as a body of law developed by men.
| Characteristics | Values |
|---|---|
| Definition | "Path to the water" in Arabic, reflecting the concept that Sharia is divine guidance |
| Sources | Quran, Hadith, Sunnah (or Sunna) |
| Interpretation | Sharia is interpreted by Islamic scholars, a process known as fiqh. Interpretation requires deep knowledge of the Quran and Sunnah, fluency in Arabic, and expertise in legal theory. |
| Application | Sharia guides the personal religious practices of Muslims worldwide. It addresses both personal and communal aspects of life, including religious worship, visiting the sick, taking care of parents, marriage, inheritance, investments, and business affairs. |
| Variability | There is diversity in how governments interpret and apply Sharia, with traditional and modernist interpretations often coexisting in the same country. |
| LGBT+ rights | All major schools of Islamic thought consider practicing homosexuality a sin, and laws in most Muslim-majority countries discriminate against LGBT+ people. |
| Women's rights | Classical Sharia distinguishes between men and women, with women generally at a disadvantage in inheritance and witness testimony. However, women were active in Sharia courts as plaintiffs and defendants. |
| Secularism | Most Muslim-majority countries incorporate Sharia into their legal framework to varying degrees, except for secular systems. |
| Support for Sharia as official law | Support for making Sharia the official law of the land varies across regions, with higher support in South Asia, Southeast Asia, sub-Saharan Africa, and the Middle East-North Africa region. |
| Country examples | Saudi Arabia, Qatar, Chad, Egypt, Kuwait, Iran, Libya, Pakistan, Sudan, Mauritania, Yemen, Indonesia, Nigeria, Senegal, Greece, the UK, and the US. |
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What You'll Learn
- Sharia is not a legal system, but a way of life
- Sharia is derived from the Quran and the Prophet Mohammed's teachings
- There are differing interpretations of Sharia, known as fiqh
- Most Muslim-majority countries have Sharia-based laws
- There is debate over whether Sharia should influence modern legal systems
Sharia is not a legal system, but a way of life
Sharia, derived from the Quran and the sayings and practices of Prophet Muhammad, is a set of religious laws that form a part of the Islamic tradition. It is not a legal system but a way of life for Muslims, guiding their personal religious practices and helping them live a righteous life.
Sharia, or fiqh, has been used alongside customary law since the beginning of Islamic history. It 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. It is implemented in courts by judges, though in recent times, secularism has been widely adopted in Islamic societies.
The word "sharia" means "the correct path" or "way/path" in Arabic. It refers to the divine counsel that Muslims follow to live moral lives and grow close to God. It is not the same as Islamic law, which is based on interpretations of sharia. Interpreting sharia requires deep knowledge of the Quran and Sunnah, fluency in Arabic, and expertise in legal theory.
The process of interpreting sharia, or fiqh, developed over hundreds of years after Prophet Muhammad's death in the seventh century. It is not a static set of laws but has evolved with Islamic societies to address their needs today. For example, in the traditional Islamic context, parties in a legal case would select the school of thought they wanted to apply to their case and a judge who was an expert in that school of thought.
Today, many Islamic countries use some version of Islamic Family Law, even if they use secular laws for all other kinds of laws. Most Muslim-majority countries incorporate sharia at some level in their legal framework, but there is great diversity in how governments interpret and apply it.
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Sharia is derived from the Quran and the Prophet Mohammed's teachings
Sharia, or Shariah, is a body of religious law that forms a part of the Islamic tradition. It is derived from two main sources: the Quran, which is considered the direct word of God, and the Hadith, which are the sayings and practices attributed to the Prophet Mohammed that collectively form the Sunnah.
The Quran is Islam's holy book and is considered the primary source of Sharia law. It is believed to be the direct word of God, providing guidance to Muslims on a range of spiritual and worldly matters. The Hadith, on the other hand, offers more detailed and practical legal guidance, providing a basis for classroom commentary and judicial discretion in courts. While the Quran is considered the ultimate authority, the Hadith was also recognised as a source of law by early Islamic scholars, who developed criteria to evaluate the authenticity of various Hadith.
The Prophet Mohammed is considered the most pious of all believers, and his actions and sayings became a model for all Muslims. The interpretation of Sharia, known as fiqh, developed over hundreds of years after his death in the seventh century. Fiqh refers to the interpretation of Sharia by Islamic scholars, and it is through this process that Islamic law is derived.
The application of Sharia law varies across Muslim-majority countries, with some countries adopting a stricter interpretation than others. For example, in Saudi Arabia, a traditional interpretation of Sharia is followed, with judges adhering to Hanbali jurisprudence. In contrast, countries like Libya, Pakistan, and Iran have incorporated Islamic criminal laws into their penal codes, which were previously based on Western models.
The debate surrounding Sharia law often centres on topics such as corporal punishment, with traditional interpretations prescribing punishments that are considered harsh compared to modern legal systems. Additionally, there are concerns about the restrictions placed on the lives of women and minority groups, with critics arguing that some laws based on Sharia are cruel and discriminatory.
Overall, while Sharia law is derived from the Quran and the teachings of the Prophet Mohammed, the interpretation and application of these laws vary, leading to differences in how they are implemented across different Muslim-majority countries.
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There are differing interpretations of Sharia, known as fiqh
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. In Arabic, sharia means "the correct path". In Islam, it refers to the divine counsel that Muslims follow to live moral lives and grow close to God.
The process of interpreting sharia, known as fiqh, developed over hundreds of years after the Prophet Mohammed died in the seventh century. Interpreting sharia requires deep knowledge of the Quran and Sunna, fluency in Arabic, and expertise in legal theory. Fiqh is considered fallible and changeable, in contrast to sharia, which is considered immutable and infallible by Muslims.
Most of the differences are regarding Sharia laws devised through Ijtihad where there is no such ruling in the Quran or the hadiths of Islamic prophet Muhammad regarding a similar case. As these jurists went to new areas, they were pragmatic and continued to use the same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran or the Hadith.
The schools of fiqh share many of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties. This is reflected in the statement by the 12th-century Hanafi scholar Abu Hafs Umar al-Nasafi: "Our school is correct with the possibility of error, and another school is in error with the possibility of being correct."
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Most Muslim-majority countries have Sharia-based laws
Sharia, derived from the Quran and the Sunnah (the teachings and practices of Prophet Muhammad), is a set of religious laws that form a part of the Islamic tradition. It is a code of conduct and a set of religious commandments that guide the personal religious practices of Muslims worldwide.
Sharia is not the same as Islamic law. Sharia refers to the divine counsel that Muslims believe is provided by God to help them lead moral lives. Islamic law, on the other hand, is based on interpretations of Sharia by Islamic scholars. Interpreting Sharia requires a deep understanding of the Quran and Sunnah, fluency in Arabic, and expertise in legal theory.
The application of Sharia differs across countries. Some countries, like Saudi Arabia and some Gulf states, have classical Sharia as their national law. In contrast, others, like Iran, have mixed legal systems with elements of parliament and codified laws. The influence of Sharia on a country's legal system can vary, and references to Sharia in a constitution do not necessarily indicate the extent of its influence.
While many Muslims believe that Sharia should be the law of the land, opinions vary on its precise application. Support for Sharia as the official legal code is higher in regions like South Asia, Southeast Asia, sub-Saharan Africa, and the Middle East-North Africa region. In contrast, Muslims in Central Asia and Southern and Eastern Europe are less likely to support it as the official law.
Additionally, views on the interpretation of Sharia differ. While some Muslims believe in a single, true understanding of Sharia, others support multiple interpretations. Religious commitment and prayer frequency are often linked to these views, with more devout Muslims tending to favor a single interpretation.
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There is debate over whether Sharia should influence modern legal systems
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 Quran and Sunnah (prophetic tradition) by qualified scholars who use an interpretative process. Sharia guides the personal religious practices of Muslims worldwide.
The question of whether Sharia should influence modern legal systems is a subject of intense debate. Most Muslim-majority countries incorporate Sharia at some level in their legal framework. Their constitutions often refer to Sharia as a source or the main source of law, but this does not indicate how much the legal system is influenced by Sharia.
Some critics argue that laws in these countries that reference Sharia can lead to cruel criminal punishments or place undue restrictions on the lives of women and minority groups. For example, in some countries, women's witness testimony is effectively treated as half of that of a man, and same-sex behavior is punishable by death under Islamic law.
On the other hand, supporters of Sharia argue that it is the revealed word of God and should be the law of the land in their country. They believe that Sharia provides divine guidance and helps Muslims live in kindness and justice. In some countries, people can choose whether to pursue a case in a Sharia or secular court.
There is also debate within the Muslim community about the interpretation of Sharia. While some Muslims believe that Sharia has only one true understanding, others argue that it should be open to multiple interpretations.
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Frequently asked questions
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 and Sunnah (prophetic tradition) by qualified scholars who use an interpretative process.
No, Sharia law is not common to all Muslims. While it guides the personal religious practices of Muslims worldwide, there is diversity in how governments interpret and apply it. Most Muslim-majority countries incorporate Sharia law to some extent, but the degree of influence varies.
The interpretation and application of Sharia law depend on various factors, including the country or region, the legal system in place, and the views and practices of the ruling authorities. Additionally, traditional and modernist interpretations can coexist within the same country, resulting in a mix of legal traditions.
Sharia law refers to the perfect, immutable values understood only by God, while Islamic law is based on interpretations of Sharia. Islamic law, or Fiqh, is the human endeavour to interpret and apply Sharia and is subject to variation.
Views among Muslims vary regarding the interpretation of Sharia law. While some believe it has only one true understanding, others argue that it should be open to multiple interpretations. Religious commitment and regional differences also play a role in shaping these perspectives.
