Muslims Must Clear Their Minds About Sharia

By Moin Qazi, New Age Islam

2 September 2023

Most of the world's nearly fifty Muslim-majority countries have laws referencing Sharia, the guidance Muslims believe God provided them on a range of spiritual and worldly matters. There is great diversity in how governments interpret and apply Sharia, and people often misunderstand its role in legal systems and the lives of individuals. There have been, however, several myths which have distorted Islamic codes. Here is a list of the correct relationship between Sharia and the rules of Muslim society

What is Sharia?

The word sharia means "the path to a watering hole". It denotes an Islamic way of life that is more than a system of criminal justice. Sharia is a religious code for living in the same way the Bible offers Christians a moral system. The religious law of Islam is seen as the expression of God's command for Muslims and, in application, constitutes a system of duties that are incumbent upon all Muslims by their religious belief sharīʿah the law represents a divinely ordained path of conduct that guides Muslims toward a practical expression of religious conviction in this world and the goal of divine favour in the world to come., for believing Muslims, Shariah is the ideal realization of divine justice — a higher law reflecting God's will.

Muslims have a wide range of beliefs about what Shariah requires in practice. all agree that humans are imperfect interpreters of God's will. But to ask a faithful Muslim if they "believe in" Shariah is to ask if they accept God's word. In effect, 

 Shariah doesn't simply or exactly mean Islamic law. It is divine and unchanging, reflecting God's unity and perfection. It can be found in God's revealed word in the Quran and the divinely guided actions of the Prophet Muhammad. In contrast, Islamic laws are based on Sharia interpretations' level of competency nor the length of study necessary to qualify as a jurist.

Sharia is derived from two primary sources: the Quran, considered the direct word of God, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form the Sunna.   However, Sharia primarily comprises the interpretive tradition of Muslim scholars.

What Does Sharia Decree?

Sharia offers a code for living governing all elements of life, from prayers to fasting to donations to the poor. It decrees that men and women should dress modestly, which in some countries is interpreted as women taking the veil and the sexes being segregated. Many states in the Middle East are taking more elements of Sharia into their state laws.

During the 19th century, the impact of Western civilization on Muslim society brought about radical changes in civil and commercial transactions and criminal law. In these areas, the Sharia courts were felt to be wholly out of touch with the needs of the time, not only because of their system of procedure and evidence but also because of the substance of the Sharia doctrine, which they were bound to apply. As a result, Sharia's criminal and general civil law was abandoned in most Muslim countries and replaced by new codes based on European models. Thus, with the notable exception of the Arabian Peninsula, where the Sharia is still formally applied in its entirety, the application of Sharia law in Islam has been broadly confined, from the beginning of the 20th century, to family law, including the law of succession at death and the particular institution of waqf endowments. Islamic law varies by country, is influenced by local customs, and evolves. Sharia is also the basis of legal opinions called fatwas, which Muslim scholars issue in response to requests from individual Muslims or governments seeking guidance on a specific issue. In Sunni Islam, fatwas are strictly advisory; in Shiite Islam, practitioners must follow the fatwas of their chosen religious leader.

Is Sharia An "Islamic Law?"

The most devout Muslims who conceptually embrace Sharia don't consider it a substitute for civil law. Sharia is not a book of statutes or judicial precedent imposed by a government, and it's not a set of regulations adjudicated in court. Instead, it is a body of Qur'an-based guidance that points Muslims toward living an Islamic life. It doesn't come from the state, and it doesn't even come in one book or a single collection of rules.

Sharia is divine and philosophical. The human interpretation of Sharia is called "fiqh," or Islamic rules of right action, created by individual scholars based on the Qur'an and hadith (stories of the Prophet Muhammad's life). Fiqh means "understanding" — and its many different schools of thought illustrate that scholars knew they didn't speak for God.

 The distinction between Shariah and fiqh matters especially because Muslims, including religiously traditional Muslims, do not agree with what Islamic law requires. They're disagreeing about what God wants, to be sure. But almost all faithful Muslims would say that they believe there is a single, truthful answer that lies in Shariah — we just cannot be certain as humans what that answer is.

 What Are Hadd Offences?

Within sharia law, there is a specific set of offences known as the Hadd offences. These are crimes punished by particular penalties, such as stoning, lashes, or a hand's severing. The penalties for Hadd violations are not universally adopted as law in Islamic countries. Hadd offences carry specific penalties set by the Koran and the Prophet Mohammed. These include unlawful sexual intercourse (outside marriage), false accusations of illegal intercourse, the drinking of alcohol, theft, and highway robbery. Sexual offences carry a penalty of stoning to death or flogging.

Some countries, such as Saudi Arabia, claim to live under pure Sharia law and enforce the penalties for Hadd offences. In others,   laws. Many Islamic countries will have adultery and the drinking of alcohol defined as criminal offences in law. Still, they are not defined as Hadd offences because they do not carry the Hadd penalty. They are often punishable by a prison term instead.

How  Religious Sharia Addresses Tolerance

Some critics say that Muslim-led states that follow Sharia are particularly intolerant of nonbelievers or those who practice other religions. Scholars say this intolerance largely stems from premodern restrictions applied to non-Muslim minorities in Muslim lands, supported by certain hadiths later introduced into the Muslim canon that recommend the death penalty for Muslims who commit apostasy. Nigeria and Pakistan have carried out capital punishment for blasphemy and apostasy, as did Sudan for many years.

Additionally, religious minorities in some Muslim countries have fewer rights under modern laws and are otherwise discriminated against. In Saudi Arabia, for instance, only Muslims can construct places of worship and pray in public. And other countries that claim to allow religious freedom—particularly authoritarian states—don't do so in practice (and routinely deny their citizens rights regardless of their faith).

What Are Women's Rights In Sharia

The Quran states that women are morally and spiritually equal to men but also indicates that wives and mothers have specific roles in the family and society. Particular sharia guidance applies specifically to women, and some governments use Islamic law to restrict women's rights significantly, dictating how they dress and barring them from or segregating them in specific spaces.

For example, Iran and Saudi Arabia have Islamic law–based regulations that require women to wear veils and be accompanied by male guardians [PDF] in public places. Some Afghans and Western observers fear Afghan women will face similar restrictions under the Taliban. Critics say these modesty rules create inequality by limiting women's education and employment opportunities. Other laws prevent women from initiating divorce and marriage independently, contributing to child marriages and gender-based violence. Even in some places where sexist laws have been abolished, attitudes and practices are slow or resistant to change.

Is There Scope For Reforming Sharia?

Some Muslim scholars say the religious tenet of Tajdid allows practices under Sharia to be modified or eliminated. The concept is one of renewal, an idea suggesting that Islamic societies should be reformed constantly to remain pure. At the same time, others consider the purest form of Islam to be the one practised in the seventh century.

Moreover, there is significant debate over what the Qur'an sanctions versus what practices come from local customs. For example, Muslim feminists have long argued that sexist interpretations of Sharia stem from social norms, not Islam. 

Modern governments have been known to alter laws considered to be Islamic. Saudi Arabia cited Islamic law when it granted women the right to drive in 2018.   "It's yet another example that a lot of the rules called Islamic are often local, culturally inflected preferences that come to have an Islamic veneer."

Government under God

 In countries where Islam is the official religion, the Constitution designates Sharia as "a source," or sometimes "the source," of the law. Examples of the former include Afghanistan and Saudi Arabia, while Bahrain, Kuwait, and the United Arab Emirates are among those that apply Islamic law in personal but not civil or criminal matters. In Pakistan, Iran, and Iraq, it is forbidden to enact legislation antithetical to Islam. Non-Muslims are not expected to obey Sharia; in most countries, they are under the jurisdiction of special government committees and adjunct courts.

How Do Muslim-Minority Countries Approach Sharia?

Some governments let independent religious authorities apply and adjudicate their faith's laws in certain situations. For instance, the United Kingdom (U.K.) allows Islamic tribunals governing marriage, divorce, and inheritance to make legally binding decisions if both parties agree. Additionally, Muslim-minority countries such as Australia, Japan, the U.K., and the United States allow Islamic or Sharia-compliant banking.

Conversely, officials in certain Muslim-minority countries seek to block Sharia from influencing state law or practice. Some have prohibited behaviours encouraged under Sharia, such as veil wearing for women or ritual slaughter to make meat halal. The ban on wearing veils or headscarves exists in France, where secularism is part of the national identity, and conspicuous religious symbols are banned in specific public spaces.

Is Sharia Anti-Woman

Many Westerners see Muslim women's head cover as a kind of oppression. A verse in the Qur'an holds that men are the "protectors" of women. Still, many contemporary scholars dispute the notion that this suggests women must obey men or that women are inferior.

While it's true that many majority-Muslim societies mistreat women, many of these laws, like Saudi Arabia's ban on female drivers, have no basis in fiqh. In instances where there is a fiqh origin for modern legislation, that legislation often cherry-picks specific rules, including more woman-affirming interpretations. And on various issues, Islam can fairly be described as feminist. Fiqh scholars, for instance, have concluded that women have the right to orgasm during sex and to fight in combat. (Women fought alongside the Prophet Muhammad himself.) Fiqh can also be interpreted as pro-choice, with certain scholars positing that although abortion is forbidden, first-trimester abortions are not punishable.

Fiqh doctrine says a woman's property, held exclusively in her name, cannot be appropriated by her husband, brother or father. (For centuries, this stood in stark contrast with women's property rights in Europe.) Muslim women in America are sometimes shocked to find that, even though they were careful to list their assets as separate, those can be considered joint assets after marriage. Fiqh has patriarchal rules, many of which are legislated in modern Muslim-majority countries. 

Is Sharia About Conquest.

The Qur'an repeatedly commands Muslims to keep promises and uphold covenants. That includes treaties among nations and extends to individuals living under non-Muslim rule. Muslims have lived as minorities in non-Muslim societies since the beginning of Islam — from Christian Abyssinia to imperial China. And fiqh scholars have always insisted that Muslims in non-Muslim lands must obey the laws of those lands and do no harm within host countries. If local law conflicts with Muslims' sharia obligations? Some scholars say they should emigrate; others allow them to stay. But none advocate violence or a takeover of those governments.

Where Sharia law is applied, it varies too. In Saudi Arabia, there are frequent executions and amputations, justified by selective reading of the Islamic holy texts. Elsewhere, such punishments are rarely or never applied. In Saudi Arabia, too, women may not drive, but here has now been relaxation. In Bangladesh and Pakistan, they can. As there is no reference to motor vehicles in the Koran, the decision as to who can or can't drive them has been made by (male) Islamic scholars. Islamic states have repeatedly made repeated efforts over centuries to co-opt and control the clergy, frequently with disastrous results.

 The Future

Political Islamists recognize that further legal and administrative regulations must supplement the classical legal rules derived from the Quran and the Prophet Muhammad's actions. When they seek to incorporate Shariah into their constitutions, they usually ask for modern legislation informed by classical Islamic law and sometimes for a rule that no legislation may violate classical Islamic legal regulations.

In Saudi Arabia, where no written constitution exists, classical Islamic legal principles function as an unwritten, common-law Constitution. But even Saudi Arabia has a body of administrative regulations that operate a lot like legislation.

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Moin Qazi is the author of the bestselling book, Village Diary of a Heretic Banker. He has worked in the development finance sector for almost four decades.

 

URL:   https://newageislam.com/islamic-sharia-laws/muslims-minds-sharia/d/130588

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