Sharia law is a set of religious laws that form a part of the Islamic tradition, based on scriptures of Islam, particularly the Quran and hadith. 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. It is used by Muslims to refer to the values, code of conduct, and religious commandments or sacred laws which provide them with guidance in various aspects of life.
Sharia law is not applied in the US. It is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings. Muslims living in the US can put marital disputes and other personal matters in front of a tribunal made up of leaders of their faith. This is allowed and has been used by other religions for decades.
In no American community does a code based on Islamic, Jewish, Catholic, or other religious precepts hold sway over American law. The US Constitution protects the rights of religious freedom and religious practice.
Characteristics | Values |
---|---|
Definition | Sharia, Sharī'ah, Shari'a, Shariah or Syariah |
Meaning | Path to the water |
Alternative Term | Fiqh |
Sources | Quran, Sunnah, Ijma, Qiyas |
Purpose | Helping humanity draw close to God and live in kindness and justice with His Creation |
Scope | Religious worship, private social interactions, public law issues |
Application | Voluntary and private |
Adherents | Observant Muslims |
Similarities | Halakha, magisterium |
Misconception | Criminal or huddud laws |
Human Rights | Supports the UN Declaration of Human Rights |
Women's Rights | Right to seek knowledge, earn and keep money, inherit property, marry and divorce |
US Application | No evidence of American Muslims trying to enforce Sharia |
US Law | The American Bar Association states that American law trumps all foreign laws |
What You'll Learn
- Sharia law is a set of rules that govern Islamic life, including religious practice, daily living, and financial dealings
- Sharia law is derived from the Quran, the Sunnah and Hadith, the deeds and sayings of the Prophet Muhammad
- Sharia law is not applied in the US, despite attempts by some lawmakers to block its use
- Muslims in the US can put marital disputes and other personal matters in front of a tribunal of faith leaders
- Sharia law is not a threat to the US Constitution
Sharia law is a set of rules that govern Islamic life, including religious practice, daily living, and financial dealings
Sharia 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 their lives according to God's wishes. Sharia law is concerned with ethical standards as much as with legal norms, assigning actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited.
Sharia can inform every aspect of daily life for a Muslim. For example, a Muslim may turn to a Sharia scholar for advice on whether they can accept an invitation from colleagues to go to the pub after work, ensuring 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 law is divided into two broad areas: guidance in religious worship, which is the central focus of Islam, and guidance in worldly matters such as visiting the sick, taking care of parents, marriage, inheritance, investments, and business affairs.
Sharia law is not a single, unified system, and its interpretation and implementation can vary depending on local culture and customs. There are five different schools of Islamic law: four Sunni schools (Hanbali, Maliki, Shafi'i, and Hanafi) and one Shia school (Jaafari). These schools differ in how literally they interpret the texts from which Sharia law is derived.
In the United States, Muslims can put marital disputes and other personal matters in front of a tribunal made up of leaders of their faith. This falls under the umbrella of mediation, where people agree to work out their differences through a process outside of the courts. For any other situation, American law takes precedence over any foreign laws, including Sharia.
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Sharia law is derived from the Quran, the Sunnah and Hadith, the deeds and sayings of the Prophet Muhammad
Sharia law is the Islamic legal system, derived from the Quran, the Sunnah, and the Hadith. The Quran is Islam's holy book, containing the direct word of God. The Sunnah and Hadith are the deeds and sayings of the Prophet Muhammad.
The Arabic word Sharia means "path to the water", reflecting the concept that Sharia is divine guidance to help humanity draw close to God and live in kindness and justice. It is a code of conduct and religious commandments that guide Muslims in various aspects of life.
Sharia is derived from the Quran and Sunnah by qualified scholars using an interpretative process that includes qiyas (reasoning by analogy) and ijma (scholarly consensus). This process of interpreting Sharia is called fiqh, which means "deep understanding". Fiqh is determined by qualified religious scholars who use their knowledge, understanding, and individual judgement to interpret religious law, often arriving at different conclusions.
Sharia addresses both personal and communal aspects of life. It can be divided into two broad areas: guidance in religious worship, which is the central focus of Islam, and guidance in worldly matters such as visiting the sick, taking care of parents, marriage, inheritance, investments, and business affairs.
The Prophet Muhammad is considered the most pious of all believers, and his actions became a model for all Muslims. Interpreting Sharia, or fiqh, requires deep knowledge of the Quran and Sunnah, fluency in Arabic, and expertise in legal theory.
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Sharia law is not applied in the US, despite attempts by some lawmakers to block its use
Sharia law is a set of religious laws that form a part of the Islamic tradition, based on scriptures from the Quran and hadith. It is a code of conduct and religious commandments that guide Muslims in various aspects of life, including religious practice, daily living, and financial dealings.
In the United States, Sharia law is not applied as a legal system. While Muslims in the US can put marital disputes and other personal matters in front of a tribunal of faith leaders, this is allowed under the umbrella of mediation and does not supersede state or federal law. The American Bar Association has affirmed that constitutional rights protect everyone in the US, and all courts are bound to respect them.
Despite this, there have been attempts by some lawmakers to block the use of Sharia law. Since 2010, lawmakers in over 40 states have introduced bills aimed at preventing the application of Sharia law. Some of these bills listed Sharia by name, while others referred more broadly to religious or cultural laws that would go against the liberties and rights granted by the US Constitution. These efforts reflect a broader anti-Muslim sentiment and Islamophobia in the US, with some advocates arguing that Sharia law is incompatible with Western democracy and American values.
However, it is important to note that Sharia law is not a threat to the US legal system or American way of life. Muslims in the US follow Sharia law voluntarily and privately, just like adherents of other faiths follow their own sacred laws and traditions. Sharia law in the US primarily concerns personal religious observances and has no application in public law issues.
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Muslims in the US can put marital disputes and other personal matters in front of a tribunal of faith leaders
In the US, Sharia is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings. Sharia is derived from the Qur’an and Sunnah (prophetic tradition) by qualified scholars who use an interpretative process that includes qiyas (reasoning by analogy) and ijma (scholarly consensus) and also relies on precedent.
Sharia is a code of religious belief and conduct that governs many aspects of Muslim life. It covers a broad range of areas, including crime and punishment; marriage, divorce and inheritance; banking and contractual relations; and diet and attire.
Sharia is a matter of conscience and is not meant to be government-enforced. Sharia requires Muslims to obey the law of the land of the country they live in. The law of the land in the US is the Constitution, which Muslims are commanded to support and follow in all matters related to public law.
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Sharia law is not a threat to the US Constitution
Sharia Law is Flexible and Interpretable
Sharia law is derived from the Quran and Sunnah (prophetic tradition) by qualified scholars who use an interpretative process that includes qiyas (reasoning by analogy) and ijma (scholarly consensus). This process of interpreting Sharia is called fiqh in Arabic, which means "deep understanding". Because much of Sharia is interpretative, it has a degree of flexibility that allows it to function in different societies and cultures. Thus, Islamic law or fiqh has historically functioned in diverse areas of the world, generally with a demonstrated record of tolerance and pluralism towards other cultures and religions.
Sharia Law Addresses Personal and Communal Aspects of Life
Sharia addresses both personal and communal aspects of life. For the most part, Sharia is concerned with personal religious observances such as prayer and fasting. It can be divided into two broad areas: guidance in religious worship (ibadat), which is the central focus of Islam, and guidance in worldly matters (mu’amalat) such as visiting the sick, taking care of parents, marriage, inheritance, investments, and business affairs.
Sharia Law is Not Enforced by the Government
Most aspects of Sharia are not meant to be government-enforced because Sharia is largely a matter of conscience. Sharia requires Muslims to obey the "law of the land" of the country they live in. In the US, the "law of the land" is the Constitution, which Muslims are commanded to support and follow in all matters related to public law.
Sharia Law is Compatible with Western Concepts of Human Rights
While interpretations of Sharia vary among Muslims, reference to the authoritative sources of Sharia, the Quran and Hadith, show that Islamic scripture affirms most of what are today considered human rights. For example, the Quran and Hadith uphold basic rights for women, particularly in light of existing laws and customs in the 7th century when the Islamic sources emerged. The Prophet Muhammad specifically advocated for equal treatment of daughters and sons and, by implication, women and men generally.
Sharia Law is Similar to Other Religious Laws
Sharia is similar to other religious laws, such as halakhah in Judaism and the teachings of the magisterium in Catholicism. Like these religious laws, Sharia is an ongoing effort and process that provides guidance in various aspects of life.
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Frequently asked questions
Sharia law applies to Muslims in the US. Muslims in the US can put marital disputes and other personal matters in front of a tribunal made up of leaders of their faith.
Sharia law is a wide-ranging set of rules that govern aspects of Islamic life, including religious practice, daily living, and financial dealings.
The sources of Sharia law are the Qur'an and Sunnah (prophetic tradition).
A common misconception is that Sharia law is being substituted for the US Constitution. However, there is little danger of this happening as Muslims make up only 1-2% of the American population.