Sharia Law: Where Is It Applied Globally?

Sharia law is a set of religious laws that form a part of the Islamic tradition. It is derived from the Quran, the Sunnah and Hadith – the deeds and sayings of the Prophet Muhammad.

Sharia law 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 some form in most Muslim-majority countries, though the extent of its influence varies. In some countries, it is the basis for all law, while in others, it is only applied in certain areas, such as family law.

Some countries that apply Sharia law in a strict form include Saudi Arabia, Afghanistan and Indonesia's Aceh province, where punishments such as stoning, amputation and flogging are used for certain crimes.

In other countries, Sharia law is applied in a more limited way, and it may only be used to inform family law or banking regulations, for example.

The application of Sharia law is a contested topic, with conservative and liberal Muslims disagreeing on how it should be interpreted and implemented.

Sharia law in the US

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, while fiqh refers to its interpretations by Islamic scholars.

In the US, various states have outlawed Sharia or passed ballot measures prohibiting state courts from considering foreign, international, or religious law in their decisions. As of 2014, these include Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota, and Tennessee.

The American way, as enshrined in the religion clauses of the First Amendment of the US Constitution, protects freedom of religion and religious practice. It allows religious and secular groups to follow any way of life, so long as it is voluntary and respects the rights of others.

Muslims follow Sharia in the same way that people of other faiths follow their sacred laws and traditions. The essential parts of Sharia are practices such as daily prayers, fasting during Ramadan, marriage contracts, and rules for charity and investments. Muslims follow these practices without infringing on anyone else's rights.

Sharia is often misunderstood and misrepresented, with stereotypes conjured from a reservoir of misunderstandings and half-truths. For most Muslims, Sharia is a way of life that facilitates their interactions with society, rather than preventing them from fully engaging with it.

Islamic law does contain guidance on crime and punishment, but the way it is interpreted in the US does not create a conflict with American law. Most American Muslims and scholars of Islam believe that because their national criminal system is fast, efficient, and humane, they do not need to rely on Islamic law to prosecute crimes.

Sharia, as with other religious groups' laws, does not always perfectly mesh with American society or American values. For example, the Islamic law forbidding the use of interest-bearing financial products means that many Muslims refuse to use credit cards, take out auto loans, or have home mortgages with banks.

While Muslims are among the newest religious immigrants to the United States, they are joining a long line of people who have had to accommodate their religious and personal needs to a new cultural and legal environment. Islamic law, far from being a strict, draconian code of medieval discipline, can adapt to new circumstances—a very American virtue.

Sharia law in the UK

Sharia law is a body of religious law that forms part of the Islamic tradition, based on the scriptures of Islam, particularly the Quran and Hadith. It deals with all aspects of a Muslim's life, from family and financial matters to personal hygiene and clothing.

In the UK, Sharia law is mostly applied in the context of family matters, with a focus on marriage and divorce. There are around 30 Sharia "councils" in the UK, but these are not courts of law and their decisions cannot overrule the decisions of UK courts or make decisions that are contrary to UK law.

The use of Sharia law in the UK has been a controversial topic. While some argue that it allows Muslim communities to resolve civil and family disputes in accordance with their religious beliefs, others express concerns that it operates in a discriminatory and unacceptable way towards women, posing a serious threat to Muslim women's rights.

In 2013, the UK Government responded to a petition calling for a ban on Sharia law in the country, stating that Sharia law has no jurisdiction in England and Wales and that there can never be a parallel system of law. The response also emphasised that any activity prescribed by Sharia principles must not contravene the law of England and Wales, and that Muslim women can seek legal recourse under existing legislation for issues such as forced marriage.

Sharia law in Muslim-majority countries

Sharia law is a religious law that forms a part of the Islamic tradition. It is derived from the Quran, the Sunnah and Hadith – the deeds and sayings of the Prophet Muhammad. It is a code for living that all Muslims should adhere to, including prayers, fasting and donations to the poor.

The legal systems of most Muslim-majority countries can be classified as either secular or mixed. Sharia plays no role in secular legal systems. In mixed legal systems, Sharia rules are allowed to influence some national laws, which are codified and may be based on European or Indian models. The central legislative role is played by politicians and modern jurists rather than the ulema (traditional Islamic scholars).

Saudi Arabia and some other Persian Gulf states possess what may be called classical Sharia systems, where national law is largely uncodified and formally equated with Sharia, with ulema playing a decisive role in its interpretation. Iran has adopted some features of classical Sharia systems, while also maintaining characteristics of mixed systems, like codified laws and a parliament.

Constitutions of many Muslim-majority countries refer to Sharia as a source or the main source of law, though these references are not indicative of how much the legal system is influenced by Sharia. The same constitutions also refer to universal principles such as democracy and human rights, leaving it to legislators and the judiciary to reconcile these norms in practice. Conversely, some countries whose constitution does not mention Sharia, such as Algeria, possess Sharia-based family laws.

Except for secular systems, Muslim-majority countries possess Sharia-based laws dealing with family matters (marriage, inheritance, etc.). These laws generally reflect the influence of various modern-era reforms and tend to be characterised by ambiguity, with traditional and modernist interpretations often manifesting in the same country, in both legislation and court decisions.

In some countries, people can choose whether to pursue a case in a Sharia or secular court. For example, in Greece (only in Thrace), Indonesia (outside of Aceh, and in most circumstances), Nigeria (outside the states using Sharia law), Senegal (only in inheritance), and the UK (in extrajudicial court judgments and not the British legal system), individuals can opt for a Sharia or secular court.

Countries in the Muslim world generally have criminal codes influenced by civil law or common law, and in some cases a combination of Western legal traditions. In the course of Islamisation campaigns, several countries inserted Islamic criminal laws into their penal codes, which were otherwise based on Western models. In some countries, only hudud penalties were added, while others also enacted provisions for qisas (law of retaliation) and diya (monetary compensation).

Sharia recognises the concept of haqq, which refers to the personal rights of the individual and the right to generate and accumulate wealth. The various ways in which property can be acquired under Sharia are purchase, inheritance, bequest, physical or mental effort, diya and donations.

The Taliban's interpretation of Sharia law

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. In Islamic terminology, Sharia refers to immutable, intangible divine law, while fiqh refers to its interpretation by Islamic scholars.

The Taliban's interpretation and application of Sharia law have raised concerns and fears of a further deterioration of human rights in Afghanistan. Since regaining power in 2021, the Taliban have clamped down on the rights and freedoms of Afghans, particularly women and girls. Women have been banned from working in most sectors and are required to have a male guardian for long-distance travel. Girls have also been barred from returning to secondary school, and women have been stopped from entering amusement parks in the capital, Kabul.

The Taliban's interpretation and enforcement of Sharia law in Afghanistan have been met with international condemnation and concern. The United Nations has expressed worry about the situation, stating that the Taliban must abide by their promise to uphold existing human rights commitments made in Afghanistan. The return of the Taliban to power and their interpretation of Sharia law have also raised fears of a revival of the ultra-rigorous application of Islam that marked their first period in power, leading to their isolation from the international community.

The Islamic State's interpretation of Sharia law

Historical Context and Development

Sharia law, or "Islamic law," has its roots in the Quran, the primary religious text of Islam, as well as the Sunnah and Hadith, which are the deeds and sayings of the Prophet Muhammad. It has been a part of Islamic tradition since the early Islamic states of the eighth and ninth centuries and has always existed alongside other legal systems.

Substance of Sharia Law

Sharia law covers a wide range of topics, including rituals, social dealings, family law, relationships, criminal law, and economic matters. It assigns actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited.

Different Schools of Law

There are four main Sunni schools of law: Hanafi, Maliki, Shafi'i, and Hanbali. Each school has its own methodologies for interpreting Sharia law and deriving rulings from the scriptural sources. Additionally, there is one Shia school, known as Jaafari.

Islamic State's Interpretation

The Islamic State, also known as ISIS or ISIL, has been known for its strict and conservative interpretation of Sharia law. They have implemented harsh punishments, such as public executions for convicted murderers and adulterers, and have a history of enforcing their interpretation of Sharia law in the regions they control.

Scope and Administration

Sharia law can inform every aspect of daily life for a Muslim, from prayers and fasting to family law, finance, and business. It is meant to guide Muslims on how to lead their lives according to God's wishes.

Reform and Controversy

In recent times, there have been calls for reform and modernisation of Sharia law to align it with human rights, democracy, and contemporary issues such as women's rights and minority rights. However, these efforts have faced opposition from fundamentalists who advocate for a strict and uncompromising implementation of "pure Sharia."

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