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Sharia law is a set of rules and guidelines based on the Quran and the sayings of the Prophet Muhammad that Muslims follow to live a moral life. While it is widely practised in Muslim countries in Africa and the Middle East, it is also observed by Muslims in the West, such as in the US and the UK, where Muslims voluntarily follow Sharia in their personal lives, just as Jews follow Jewish law. However, in some countries, Sharia law is imposed as a formal legal system, with varying degrees of strictness. For example, in Greece, Indonesia, Nigeria, Senegal, and the UK, Muslims can choose to pursue a case in a Sharia or secular court. In contrast, countries like Iran and Taliban-controlled Afghanistan shape their entire legal system around conservative classic Sharia principles.
| Characteristics | Values |
|---|---|
| Countries with the most conservative interpretations of Sharia law | Afghanistan, Brunei, Iran, Saudi Arabia, Sudan |
| Countries with hybrid systems of law | Chad, Indonesia, Iraq, Malaysia, Morocco, Nigeria, Senegal, Somalia, Tunisia, the Maldives |
| Countries with laws that reference Sharia | India, Turkey, China, Egypt, Greece, Pakistan, the UK, the US |
| Countries with no Sharia law | Albania, Azerbaijan |
| Common characteristics of countries with the most conservative interpretations of Sharia law | Cruel, restrictive, and inhumane rules, particularly against women; archaic and cruel punishments |
| Sources of Sharia law | The Quran, the sayings of the Prophet Muhammad (Hadith) |
| Sharia law definition | The ideal form of divine guidance that Muslims follow to live a righteous life |
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What You'll Learn
Muslim-majority countries with Sharia-based laws
Other countries, such as Pakistan, Afghanistan, and Indonesia, have hybrid legal systems, where Sharia laws inform certain parts of the legal code. For example, a country may base its family and criminal laws on Sharia beliefs, but not corporate or business laws.
Some Muslim-majority countries have entirely secular legal regimes, such as Tunisia, Azerbaijan, Albania, and Senegal. However, even in these countries, there may be government offices responsible for religious affairs, and mandates that specify how religious affairs are governed.
In some countries with Muslim minorities, Sharia-based family laws are administered for the Muslim population. For example, in Israel, this is done through the Sharia Courts, and in England, the Muslim Arbitration Tribunal makes use of Sharia family law to settle disputes.
Sharia law is the set of rules and guidelines followed by people who adhere to the Muslim faith. These laws are primarily derived from the Muslim holy book, the Quran, and the sayings of the Prophet Muhammad, collected in the hadith. While it is widely practised among Muslim countries in Africa and the Middle East, each country has its own interpretation of the intricacies of the laws.
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Mixed legal systems
Muslim-majority countries with mixed legal systems typically incorporate elements of Islamic law (Sharia) into common law or civil law frameworks. These countries include Saudi Arabia, Iran, the Maldives, and Nigeria.
In Nigeria, for example, the legal system is a hybrid of English common and statutory law, customary law, and Islamic law. While the secular court system governs all civil and criminal cases, there are also customary and Islamic (Sharia) courts that serve as first-instance courts in parts of the country, mainly in the northern states. Similarly, Malaysia's federal system incorporates secular common law, Islamic law, and customary law.
Saudi Arabia has a classical Sharia system, where national law is largely uncodified and formally equated with Sharia, with Islamic scholars (ulema) playing a decisive role in its interpretation. However, in recent years, Saudi Arabia has begun to codify Islamic laws and rulings into statutes and royal orders.
Iran has adopted features of classical Sharia systems while also maintaining characteristics of mixed systems, such as codified laws and a parliament.
The legal systems of most Muslim-majority countries can be classified as either secular or mixed. While secular systems completely exclude Sharia, mixed systems allow Sharia rules to influence some national laws. These laws may be codified and based on European or Indian models, with politicians and modern jurists playing a central legislative role rather than traditional Islamic scholars (ulema).
It is important to note that the role of Sharia in legal systems is often misunderstood, and there is a perception that many Muslim-majority countries have legal systems entirely governed by Sharia, which is not accurate.
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Secular legal systems in Muslim-majority countries
While it is true that Sharia law is widely practised among Muslim countries in Africa and the Middle East, it is important to note that the legal systems of most Muslim-majority countries can be classified as either secular or mixed.
Several Muslim-majority countries have secular legal systems, including Tunisia, Azerbaijan, Albania, Senegal, and Kazakhstan. These countries have separated religion from their legal frameworks, opting for secular constitutions and court systems.
For example, Tunisia, despite its constitution favouring Islam, abolished religious courts overseeing family law in 1956, demonstrating a commitment to a secular legal framework. Similarly, Turkey's evolution in the early 20th century resulted in sweeping legal reforms, leading to a secular constitution and legal framework.
In Lebanon, while Islam is not the favoured religion of the state, Muslim sects operate their own courts overseeing family law. This co-existence of religious and civil law showcases a hybrid system, where Sharia laws inform specific parts of the legal code.
Mixed Legal Systems in Muslim-Majority Countries
Many Muslim-majority countries have mixed legal systems, incorporating elements of Islamic law into common law or civil law frameworks. These countries include Egypt, Iraq, Syria, Afghanistan, Nigeria, Algeria, Morocco, Indonesia, Malaysia, the Philippines (BARMM), and Mali.
These countries often have secular civil and criminal codes influenced by Islamic law, or they draft laws to ensure they do not violate Islamic legal principles. Personal status laws, such as inheritance, marriage, divorce, and custody, are typically regulated by Islamic law or Sharia-based family laws.
Nigeria, for instance, has a hybrid legal system of English common law, customary law, and Islamic law. While the secular court system governs civil and criminal cases, there are also Islamic (Sharia) courts serving as first-instance courts in certain parts of the country.
Similarly, in Morocco, the legal system is based primarily on the French civil law tradition, with a mostly secular court system. However, there are specialised first-instance courts, including Sharia courts, with jurisdiction over personal status disputes for Jewish and Muslim citizens.
In conclusion, while Sharia law or Islamic law plays a role in the legal systems of many Muslim-majority countries, it co-exists with secular or mixed legal frameworks. These countries navigate the interplay between religious and civil law, often adopting modern interpretations of Sharia while ensuring compatibility with international norms and human rights.
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Human rights concerns
Sharia law is most commonly practised in Muslim-majority countries in Africa and the Middle East. Each country has its own interpretation of the intricacies of the laws, and there are also different schools of interpretation, or madhhabs, such as the liberal Hanafi school and the conservative Hanbali school.
Sharia law has been criticised by observers, especially those in secular countries, for its treatment of women. In some countries, women are barred from receiving an education, forced to wear restrictive veils when leaving the home, and subjected to misogynistic laws surrounding rape.
Sharia law has also been criticised for its punishments, which some consider archaic and cruel. These include amputation for theft, 100 lashes for adultery, and the stoning to death of those who turn away from Islam.
The Grand Chamber of the European Court of Human Rights has stated that Sharia law is incompatible with the fundamental principles of democracy set forth in the European Convention on Human Rights (ECHR). This incompatibility raises questions about the unity of justice and the equality of individuals before the law, as individuals within the same territory would be subject to different laws depending on their religion.
However, it is important to note that not all Muslim-majority countries interpret Sharia law in the same way, and many have mixed legal systems that incorporate elements of secular law.
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Sharia in the United States
Sharia, or Islamic law, is a set of rules and guidelines based on the Quran and the sayings of the Prophet Muhammad. It provides guidance on various aspects of life, including public behaviour, personal behaviour, and spiritual beliefs. While it is widely practised in Muslim-majority countries, its implementation in the United States has sparked controversy and concerns among some Americans.
In recent years, there has been a growing focus on the issue of Sharia in the United States, leading to misconceptions and fears about its potential impact. Some Americans view Sharia as a threat to their values and legal system, associating it with restrictive and inhumane rules, particularly against women. These perceptions have fuelled opposition to Sharia, with activists and politicians calling for its ban. As of 2014, several states, including Alabama, Arizona, Kansas, and Louisiana, have passed measures to prevent their courts from considering foreign, international, or religious law, effectively banning the influence of Sharia.
However, it is important to note that the United States has constitutional protections for religious freedom. The First Amendment ensures that individuals and groups are free to follow their sacred laws as long as they do not conflict with American law. Similar to other religious laws, such as Jewish Halakha, Sharia primarily governs the private lives of Muslim Americans, including rituals, marriage, and family life. It is a voluntary framework that provides spiritual guidance.
The concern over Sharia in American courts is largely unfounded, as existing safeguards already protect against the implementation of rules that contradict American values and foreign policy. The 1925 Federal Arbitration Act allows Muslims and adherents of other faiths to use religious tribunals for dispute resolution, and these judgments are recognised by state and federal courts. Nevertheless, the anti-Sharia movement has gained traction, with efforts to pass anti-Muslim laws at the state level, fuelled by Islamophobic sentiments.
While Sharia is often associated with criminal punishments such as amputation and stoning, these aspects represent only a small part of Sharia and are generally not applicable in modern contexts, especially in the United States. The basic tenets of Sharia emphasise rituals, marriage, charity, and ethical business practices, which are similar to the practices of other religious groups in America.
In conclusion, while Sharia has become a contentious issue in the United States, it primarily functions as a set of voluntary guidelines for Muslim Americans within the boundaries of American law and does not pose a threat to the country's legal system or values.
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Frequently asked questions
Nations that follow Sharia law are invariably Muslim-majority countries, and each has its own interpretation of the various intricacies of the laws. Some countries that follow Sharia law include Saudi Arabia, Brunei, Qatar, Nigeria, Malaysia, Iran, Iraq, Afghanistan, Sudan, Indonesia, Pakistan, and Somalia.
Countries that follow the most conservative interpretations of Sharia law have been criticised in recent years for their intrusive, restrictive, and inhumane rules, particularly against women and LGBTQ+ people. Examples of such restrictions include barring women from getting an education, forcing women to wear restrictive veils when leaving the home, and implementing misogynistic laws surrounding the rape of women. Homosexual acts are also strictly prohibited, and in some countries, this is punishable by death.
Most Muslim countries have hybrid systems, in which Sharia laws inform certain parts of the legal code, but not others. For example, a country may base its family and criminal laws on Sharia beliefs, but not its corporate or business laws. In some countries, people can choose whether to pursue a case in a Sharia or secular court. In the United States, Muslims are obligated to follow the law of the land, and the observance of any laws that run contrary to the Constitution—such as polygamy—would be prevented.
