Archive for May, 2016

 

What is Islamic Sharia Law?

May 20th, 2016Posted by Islamic Sharia

The legal framework that defines and regulates various matters related to the personal and professional life of Muslims is known as Islamic Sharia Law. The system is complete in its teachings of Islam and includes the punishments recommended by the Prophet of Allah (SWT) for big crimes like stealing, adultery, murder, and so on. Almost every matter of life has been clearly explained in the Quran as well as Hadith so there is no doubt left for any ruling. However, since the penalties are quite harsh as viewed by people following other religions, the Sharia Law is often criticized on a global level.

Not only the cases of Muslims, but the cases of non-Muslims also should be decided with justice. The Rasool was ordained:”Even if the non-Muslims come to you for the judgment of their cases: (5:42)”Judge between them with equity.

Muslim Sharia

“There is a share for men and a share for women from what is left by parents and those nearest related, Whether the property¬†be small or large a legal share.” (Aayah No. 7, Surah An-Nisa: Chapter No. 4, Holy Quran)

Muslim Shariah

However, in reality the Islamic Sharia Law is one of the most complete and comprehensive laws in the world and explains each and everything in detail and also grants people the rights they are entitled to. Especially women are the major beneficiaries of the advantages of this law as there are strict rules and regulations regarding family matters like divorce, living in a joint family system, looking after the in-laws and the right to have a separate house. Unfortunately, in many societies around the globe these rights of women are neglected and overlooked.

“Take my advice with regard to women: Act kindly towards women, for they were created from a rib, and the most crooked part of a rib is its uppermost. If you attempt to straighten it ; you will break it, and if you leave it alone it will remain crooked; so act kindly toward women”
[Al-Bukhari and Muslim]

Muslim And ShariaBecause of the very reason stated above, the Islamic Sharia Law is growing in popularity all over the world. It is based on the teachings of Allah and His Prophet (PBUH) and there exists no disagreement among various schools of thought over the rulings. Having such a direct and neat legal system allows Muslims to lead a happy and stress-free life where everyone gets their legal share of rights. Another benefit of following this law is that it cannot be altered to suit the requirements of a society and is therefore implementable in every country and every culture around the globe.

And give the women (on marriage) their mahr as a (nikah) free gift” (Quran 4:4)

Muslim And Sharia Law

“… And they (women) have rights similar to those (of men) over them in a just manner.”
Holy Quran(2:228)

Muslim Sharia Law

Death penalty is quite prevalent in the Islamic Sharia Law and this explains its strictness and sincerity. It is not possible to escape the penalty if a person has committed one of the serious offenses like murder or criticizing or denying any part or verse of the Quran. 100% Sharia Law is not practiced in any of the Muslim countries around the globe. However, a good percentage is practiced in countries like Pakistan, Afghanistan, Malaysia, Saudi Arabia, and UAE.

“Those who do no judge by the law which Allah has sent down, are indeed the disbelievers” (Al Maida 44)

Muslim Religion Sharia Law

“The hand (of the Thief) should be cut off for (the theft of) a quarter of a diner or more.” [Al-Bukhari]

Sharia The Muslim Legal System

The implementation of Sharia Law is resisted mainly because the punishments are considered inhumane and harsh. However, in reality if these penalties are not being imposed in a society, the crimes become widespread and the criminals wander around shamelessly without any guilt for the crimes they have committed. In order to stop these offenders and those who are thinking to follow their path in order to become rich or gain some other benefits, the Islamic Sharia Law needs to be implemented in its true sense.

“Divorced women shall be maintained on a reasonable scale: This is a duty on the righteous.” (Quran 2:241)

Muslim Religion And Sharia Law

“Believers! Fast is prescribed for you as it was for those before you so that you may ward off evil. (Fast) a certain number of days… (2: 182-183)

Muslim Sharia Council

This post originally appeared “What is Islamic Sharia Law?

Sharia Courts and European Conception: Norms and Reality

May 17th, 2016Posted by Islamic Sharia

Sharia law is a set of laws, which form the basis of an Islamic society, shaping the civil structure of an Islamic society in terms of political, civil, criminal, economic and domestic matters. It is a set of laws which are devised in light of teachings in Quran and Hadith, apart from various techniques prescribed for a situation if a solution to a particular situation is not given in Quran or Sunnah. These techniques, i.e. fiqh, include Ijmah, Qiyaas, Istisna and Urf etc.

‘A’isha reported Allah’s Messenger (may peace be upon him) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.
(Sahih Muslim 18:4266)

Muslim Sharia

Narrated Abu Huraira: Allah’s Apostle said, “Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him, disobeys me.
(Sahih Bukhari 9:89:251)

Muslim Shariah

The basic purpose of a Sharia court is to bring justice to any situation, in light of Islamic law and jurisprudence. One of the ongoing debate regarding legalizing Sharia court is its compatibility with secular courts for various topics like women’s rights, human rights, civil issues, freedom of expression and preferences of Hudood punishments etc. In many secular and non-Muslim countries, there is a high rise given to this perception that Muslim sharia court is inflexible in providing justice in such matters. However, if we look deeply into the essence of a sharia court, it is all about providing justice and there is no room for leniency when it comes to providing justice.

Narrated ‘Abdullah: The Prophet said, “A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it.
(Sahih Bukhari 9:89:258)

Muslim Sharia law

Say: “Shall I seek for judge other than Allah? – when He it is Who hath sent unto you the Book, explained in detail.” They know full well, to whom We have given the Book, that it hath been sent down from thy Lord in truth. Never be then of those who doubt.
(Qur’an 6:114)

Muslim And Sharia

Talking especially of European culture, with the rapid rise in Muslim community and their demanding rights for legalizing sharia law, various norms have been attached to Sharia law to be non-compatible to secular set of laws, which vary from country to country. Here one must keep this in mind that Sharia law is not an imposition of laws, but is a set of “guidelines”, which being a Muslim one has to abide by. If he or she violates those laws, he or she is responsible for contaminating society, and thus is subject to punishment.

And this (He commands): Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured that for some of their crime it is Allah’s purpose to punish them. And truly most men are rebellious. Do they then seek after a judgment of (the days of) ignorance? But who, for a people whose faith is assured, can give better judgment than Allah?
(Qur’an 5:49-50)

Muslim Religion Sharia Law

“And do not kill a soul that Allah has made sacrosanct,
Save Lawfully.”
(Qur’an 6:151)

Sharia The Muslim Legal System

While analyzing Sharia law and European law, there are many differences which may arise. This is because Islam doesn’t gives concrete rules to follow, rather gives you the open choice to determine and change laws, in accordance with cultural differences and changing times. This is made possible with various guidelines prescribed by Islam as mentioned above(Istisnah, ijmah, qiyaas, etc.). The common norm attached to Sharia law by European culture is its inflexibility. However, the basic essence of Sharia law is modification, which totally negates the so-called European claim.

We have sent down to thee the Book in truth, that thou mightest judge between men, as guided by Allah: so be not (used) as an advocate by those who betray their trust;
(Qur’an 4:105)

Muslim Sharia Council

Narrated Aisha: Allah’s Apostle said, “If somebody innovates something which is not in harmony with the principles of our religion, that thing is rejected.”
(Sahih Bukhari 3:49%

Muslim And Sharia Law

Even though there has been a great uproar after he murder of famous cartoonist Theo Van Gogh, Muslim sharia law and Muslim Sharia court continues to flourish in most of European nations. In Germany, there are separate courts which deal with Muslim community issues, and their issues are resolved in light of Muslim Sharia, even if the judge is a non-Muslim. reports claim there are more than 85 Sharia courts in United Kingdom which have been operating since 1980s.

Nothing in the law of England and Wales prevents people abiding by Sharia principles if they wish, provided their actions do not conflict with English and Welsh law
(Ministry of Justice)

Sharia Law and European Conception

When they are summoned to Allah and His messenger, in order that He may judge between them, behold some of them decline (to come). But if the right is on their side, they come to him with all submission.
(Qur’an 24:48-49)

Muslim Religion And Sharia Law

In all European countries, Sharia courts act as a volunteer, where anyone (even Non-Muslims) can approach to solve their domestic and civil problems. The problem is that European law structure doesn’t allows cases of political, social and economical scope to be solved in Sharia court even for willing Muslims. However, the case in Islamic countries like Saudi Arabia, Oman, Pakistan and other OIC countries is totally different where Sharia Law is a vital part of shaping the country’s constitution.

This post originally appeared Sharia Courts and European Conception: Norms and Reality