Archive for the ‘Islamic Sharia’ Category

 

Introduction to Muslim Sharia Governance

June 13th, 2016Posted by Islamic Sharia

In simple terms, Muslim Sharia Governance means governing under the law prescribed by Allah (SWT) and His messenger, Muhammad (PBUH). The law, also known as Islamic Sharia, consists of guidelines to resolve various issues related to personal and professional life as well as a list of punishments to be inflicted upon criminals who commit serious offenses like murder, stealing, adultery, drinking alcohol, and physical abuse at home. Without these guidelines, it would be extremely difficult to provide justice to people, particularly women, who mostly remain at home and are sometimes deprived of even basic education to get enlightenment on their rights in Islam.

The Prophet (peace be upon him) said: “The greatness of the reward is tied to the greatness of the trial. When Allah loves a people, He puts them to the trial. Whoever is acceptant of it will have Allah’s acceptance and whoever is displeased and unacceptant with it will gain Allah’s displeasure.” – Reported by At-Tirmidhi, Hadeeth.

Muslim And Sharia Law

Two sets of eyes have been forbidden from the Fire: an eye that weeps from the fear of Allah, and an eye that has spent the night protecting Islam and its people from the people of disbelief. – Reported by Saheeh Al Jaami, Hadeeth.

Muslim And Sharia

There is a proper framework for this type of governance if it is to be implemented in a country. It is important to understand and study this framework in order to completely execute the guidelines prescribed in Muslim Sharia law. Sharia has a direct influence on the governance where it is used or implemented. Without an understanding of the intricacies of Sharia, it is literally impossible to run the legal system and offer a platform of justice to people living together as a society.

Allah’s Messenger (may peace be upon him) said : The people most loved by me from amongst my Ummah would be those who would come after me but everyone amongst them would have the keenest desire to catch a glimpse of me even at the cost of his family and wealth. – Reported by Muslim, Hadeeth.

Muslim Religion And Sharia Law

Prophet Muhammad (peace be upon him) said: “The best of you are those who are slow to anger and swift to cool down. Beware of anger, for it is a live coal on the heart of the descendants of Adam.” – Reported by At-Tirmidhi, Hadeeth.

Muslim Religion Sharia Law

Governance could be either limited to certain communities or have a wide spectrum covering a couple of neighboring countries or an entire nation. Presently, Muslim Sharia Governance exists only partially in different regions of the world. Even in a single Muslim majority country, the framework has not been fully implemented due to foreign pressures and domestic controversies. There is not a single country in this world where only one religion is practiced. People in minority are present everywhere and to protect the rights of these people, it sometimes becomes difficult to execute the punishments prescribed in the Muslim Sharia.

Allah’s Messenger (may peace be upon him) said: The most despicable amongst persons in the eye of Allah is one who tries to fall into dispute with others (for nothing but only to display his knowledge and power of argumentation).
– Reported by Muslim, Hadeeth.

Muslim Sharia Council

All believers are but brothers, therefore seek reconciliation between your two brothers, and fear Allah, so that you may be blessed with mercy. – The Holy Quran [49:10]

Muslim Sharia Law

Sharia guidelines and principles are in accordance with the modern economic system with a few exceptions. However, some economies of the world would suffer if complete Sharia principles are implemented. First off, the banking system that exists today would collapse because of the prohibition of interest in Islam. Probably because of this reason, Islamic Sharia is not executed completely anywhere. If it were possible to implement Muslim Sharia Governance in a country, there would have been no injustice in the society and zero crime rates.

Beware also of the prayer of the oppressed, for there is no veil between such a prayer and Allah. – Reported by Bukhari, Hadeeth.

Muslim Sharia

To Allah belongs the East and the West. So, whichever way you turn, there is the Face of Allah. Indeed, Allah is All-Embracing, All-Knowing. – The Holy Quran [2:115]

Muslim Shariah

If you want more information on this topic and would like a comprehensive report on how this type of governance can be implemented, log on to Muslim Sharia and browse through various topics to find exactly what you are looking for. This is a complete resource guide for beginners as well as experts of this field and students who need to produce an academic paper on the topic. Get all your queries answered in a matter of minutes.

Prophet Muhammad (peace be upon him) was asked what type of earning was the best, and he replied: “A man’s work with his hands and every (lawful) business transaction.” – Reported by At-Tirmidhi, Hadeeth.

Sharia The Muslim Legal System

This post originally appeared “Introduction to Muslim Sharia Governance

The True Spirit of Muslim Sharia Faith and Law

June 7th, 2016Posted by Islamic Sharia

Muslim Sharia is based on a set of instructions laid by the Quran and Hadith or Sunnah of the Prophet Mohammad (PBUH) to become a law. Muslim Sharia or Islamic Law is composed of five main sections: Adab (behavior, morals and mannerisms), Ibadah (worship), I’tiqadat (beliefs), Mu’amalat (transactions and contracts and routine affairs) and ‘Uqubat (punishments). The ethical, moral, physical worship, beliefs, everyday transactions including financial matters and punishments are all defined according to the instructions given in the Quran and Sunnah.

I heard the Messenger of Allah say : What I have forbidden to you, avoid; what I have ordered you [to do], do as much of it as you can. It was only their excessive questioning and their disagreeing with their Prophets that destroyed those who were before you. – Reported by Bukhari & Muslim, Hadeeth. 

Muslim And Sharia Law

And yet there are some people, who replace Allah with rivals, loving them as Allah is loved. But the believers love Allah more intensely. – The Holy Quran [2:165]

Muslim And Sharia

Muslim Sharia has its foundation laid on the five pillars of Islam. These five pillars are the basic grounds on which the whole religion depends. These five pillars are; Tauheed or Oneness of Allah, Salah or Prayer, Saum or Fasting, Zakat or Obligatory tax and Hajj or Pilgrimage. These five pillars determine how steadfast a Muslim is towards his deen or religion. After practicing these five pillars general mannerisms and social behavior holds immense importance. How well you behave with others and how well you treat elders and younger ones. This makes Muslims righteous and increase their imaan or faith in Allah. Routine transactions and affairs are also dealt in the light of Quran and Sunnah. Muslim Sharia faith and law provides Muslims with a complete code of life so that they can righteously follow Islam.

Oh Allah, grant me your love, grant me that I love those who love you; grant me, that I might do the deeds that win your love. Make your love dearer to me than the love of myself, my family and wealth. – Reported by At-Tirmidhi, Hadeeth.

Muslim Religion And Sharia Law

The Messenger of Allah (peace be upon him) said, “Perform Salah more often. For every prostration that you perform before Allah, He will raise your position by one degree and will remit one of your sins”. – Reported by Muslim, Hadeeth.

Muslim Religion Sharia Law

The concept of Tauheed, which is believing in One Allah and only worshipping Him. This concept provides the foundation on which the whole building of Islam rests. It is the firm belief of Muslims that Allah is one and there is no one comparable to Him.

But whoever is (too) blind in this (world to see the right path) will be (too) blind in the Hereafter (to reach the salvation), and much more astray from the path. – The Holy Quran [17:72]

Muslim Sharia Council

Say, “Who is there to protect you from Allah, if He intends evil to you, or (who is there to prevent Him) if He intends mercy for you?” Beside Allah, they will not find for themselves either a friend or a helper. – The Holy Quran [33:17] 

Muslim Sharia Law

This faith in Oneness of Allah is the first law defined in the Quran and Sunnah. After Tauheed, the essential pillar of Muslim Sharia faith and law is the Salah or prayer. If Muslims believe that there is one God then they need to worship one God. Salah holds immense importance in Islam as it protects Muslims from all other evil doings. Saum or Fasting is observed in the month of Ramadan which purifies the Muslims physically and mentally. Zakat is the obligatory right of poor Muslims who are in dire need of basic amenities of life like food, clothes, shelter and medical aid. Lastly, Hajj needs to be performed once in a lifetime at least if a Muslim is capable of doing it both physically and financially. When these five pillars of Islam are followed, the faith in Allah strengthens more and these laws give firm faith to believers.

So, be patient. Surely Allah’s promise is true, and let not the disbelievers shake your firmness. – The Holy Quran [30:60]

Muslim Sharia

Do people think that they will be left (at ease) only on their saying, “We believe” and will not be put to any test? – The Holy Quran [29:2]

Muslim Shariah

Muslim Sharia Council is an advisory for Muslims especially living in United Kingdom. It is a platform where Muslims submit their queries and get relevant answers. An in depth content is displayed in the form of articles which would enhance the wisdom and spirit of Muslims. They would know their religion more and comprehend the basic rules and principles set by Islam. It is very important to completely understand your religion. If there are any ambiguities, then it needs to be resolved.

Say: “Whether you conceal what is in your hearts or reveal it, Allah will know it.” He knows what is in the heavens and what is in the earth. Allah is powerful over everything. – The Holy Quran [3:29] 

Sharia The Muslim Legal System

Allah’s Messenger (may peace be upon him) said: The Paradise is surrounded by hardships and the Hell-Fire is surrounded by temptations. – Reported by Muslim, Hadeeth.

The Muslim shariah

This post originally appeared “The True Spirit of Muslim Sharia Faith and Law

What is Islamic Shariah System?

June 3rd, 2016Posted by Islamic Sharia

Shariah refers to the set of instructions being imposed on the Muslims. The source of Islamic Shariah comes from two major and most important sides that are Quran and Sunnah. The Holy Book Quran depicts the words of Allah Almighty which are not allowed to be altered and have not been altered since the inception of the world.

“Verily, this Qur’an guides to that which is best, and gives glad tidings to the believers who do good that theirs will be a great reward.” (Qur’an, 17:9)

Muslim And Sharia Law

“We have revealed the Remembrance [Qur’an] to you that you may explain to people that which was revealed for them.” (16:44)

Muslim And Sharia

Whatever that has been said the in the Quran is accurate and final and directly supervised by Allah. The Islamic Shariah constitutes sayings from the Holy book Quran. Sunnah is described as the practical example of Quran. All the practical implications of the Holy Book Quran by Prophet Muhammad (PBUH) are included in Sunnah. Sunnah is also the vital part of Islamic Shariah and its importance has also been highlighted in few verses of the Quran. The Sunnah has been preserved in Hadith and the literature of sayings, actions and dealings of Prophet Muhammad (PBUH).

“Allah does not seek to place a burden on you, but that He purify you and perfect His grace upon you, that you may give thanks.” (5:6)

Muslim Religion And Sharia Law

The Prophet (SAW) said, “None is more patient than Allah against the harmful and annoying words He hears (from the people): They ascribe children to Him, yet He bestows upon them health and provision.
– Reported by Bukhari, Hadeeth.

Muslim Religion Sharia Law

The Quran and Sunnah covers all the topics related to the complete course of life. All the issues related to the rights of men, women and the community on whole, the legal regulations leading the economical and political issues, the rules and regulations for interacting with a non Muslim, rules of doing business and dealing with people, the act of what is wrong and what is right and the complete standard and scale of leading a perfect and true life.

The Prophet (pbuh) said, “Allah said, “I have prepared for My righteous slaves (such excellent things) as no eye has ever seen, nor an ear has ever heard nor a human heart can ever think of. – Reported by Bukhari, Hadeeth.

Muslim Sharia Council

“Our Lord, give us good in this life and good in the next, and save us from the punishment of the Fire.” (2:201)

Muslim Sharia Law

There has been different school of laws governing the Islamic Shariah based on the Hadith being interpreted by different scholars. The difference in the interpretations and explanations lead to the development of different school of thoughts. There are generally five categories according to which the Shariah has been interpreted. These five categories are Fard, Mustahabb, Makruh, Mubah and Haraam. These are the standards which have been set according to which each act is defined in each of the discussed category.

Allah’s Messenger said, “When a woman observes the five times of prayer, fasts during Ramadan, preserves her chastity and obeys her husband, she may enter by any of the gates of Paradise she wishes.” – Reported by At-Tirmidhi, Hadeeth.

Muslim Sharia

Say, “My prayer, my offering, my life and my death are for Allah, the Lord of all the worlds.” – The Holy Quran [6:162]

Muslim Shariah

Fard refers to the obligatory actions which are imposed in every Muslim to follow that includes saying five times prayer daily, observing fast, observing Hajj once in lifetime etc. Mustahabb includes the actions and behavior which is recommended under Islamic Shariah including the rights of marriage and family etc. Mustahabb describes the perfect code of conduct and ethics to be adopted by Muslim men and women in order to spend a happy life. Makruh is categorized for such acts which are discouraged by the Quran and Sunnah to attempt. Such acts include robbery, sin or any criminal activity.

Righteousness is good morality, and wrongdoing is that which wavers in your soul and which you dislike people finding out about. – Reported by Muslim, Hadeeth.

Sharia The Muslim Legal System

For each We have appointed a divine law and a traced-out way. Had God willed, He could have made you one community. But that He may try you by that which He has given you. So vie one with another in good works. Unto God you will all return, and He will then inform you of that wherein you differ. – Qur’an, 5:48

The Muslim shariah

Islamic Shariah defines particular punishments for such unlawful acts. Mubah is the neutral category which neither recommended nor appreciated and neither forbidden under the system of Islamic Shariah. Haraam actions are those acts which are strictly forbidden to be followed by the Holy book Quran and Sunnah and explicitly defined and Haraam. It includes certain eating material and sinful acts. All the Muslims are required to follow the Islamic Shariah system to have a life excluding the sins and criminal activities being described under the Islamic Shariah system.

This post originally appeared “What is Islamic Shariah System

What you need to know about Muslim Shariah?

June 1st, 2016Posted by Islamic Sharia

Muslim Shariah is he Islamic name for the rules and laws which govern Islam. Shariah includes all the saying, actions and dealings of the Holy Prophet (PBUH) and is principally derived from the Holy book Quran and Sunnah. Shariah is a complete code of conduct and set of instructions which are bestowed upon the Muslims in order to lead them to a meaningful and successful life. Shariah covers a wide sort of issues which anyone can face while living a standard life. It includes laws related to public and private issues, political and economical issues, family issues and even the tiniest of dealings which take place in a society.

“Do not despair of God’s mercy; He will forgive you of all your sins.”Quran 39:53

Muslim And Sharia Law

Abdullah Ibn’Abbas reported that The Prophet said,”The believer is not he who eats his fill while his neighbour is hungry. (Authenticated by Al-Albani, Al-Adab Al-Mufrad Al-Bukhari, Hadith 112)

Muslim Sharia Council

The Prophet (PBUH) is considered to be the most virtuous believer among Muslims and he being the most precious messenger of Allah became an example on how to spend life. His teachings, actions and sayings were written by the scholars which is called the Hadith. The hadith from different scholars then combined and developed to form a complete book. Muslim Shariah has been derived from Hadith which is a mirror of how Prophet (PBUH) led his life and dealt with each and every issue pertaining in the community.

Anas reported that the Prophet (PBUH) said, “It a Muslim plants a tree or sows seeds, and then a bird, or a person or an animal eats from it, it is regarded as a charitable gift (sadaqah) for him.” [Sahih Bukhari]

Muslim Sharia

One of the greatest pieces of advice given by the Prophet ?(PBUH) was: “The most beloved actions to Allah are those performed consistently, even if they are few.” [Sahih Bukhari]

Muslim Shariah

There exist numerous interpretations of Shariah laws which are explained by different Mullahs. The interpretations of Shariah can be different but the main essence of it remains the same. Marriage and divorce is well explained in Shariah according to which certain ‘Hadood’ are laid upon the couple which are to be followed in order to lea a true and orderly marriage life. It the Hadoods are not followed then the particular person is subjected to punishment according his breach. Shariah also explains about the actions which are considered to be superfluous and fall under criminal activity. Every criminal activity is subjected to certain punishment and the level of punishment is defined by the level of criminal activity performed by the person following Shariah.

“We (ALLAH) have certainly sent down Signs that make things clear: and God guides whom He wills to the straight path.”Quran 24:46

Muslims And Sharia

“If Allah puts anyone in the position of authority over the Muslims’ affairs and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want, and poverty.” [Abu Dawud]

Muslim Religion And Sharia Law

Moreover Muslim Shariah also explains about the political dealing and proceedings. Lately there has been a debate over comparison between Shariah and Secularism. There has also been a conflict of thought between different schools of thought regarding Shariah Vs Democracy. According to one school of thought, Democracy is a political concept purely evolved by west and is based in the western system. Whereas the Islamic school of thought argues that democracy has been evolved out of the teachings of Quran and is a part of Muslim Shariah as Quran laid huge importance on the equality of rights and mutual consent while choosing the ruler or emperor. Some Islamic scholars also say that the Shariah can be best practiced through secular government.

The Prophet (PBUH) said, “If anyone fulfills his brother’s needs, Allah will fulfill his needs; if one relieves a Muslim of his troubles, Allah will relieve his troubles on the Day of Resurrection.” [Sahih Bukhari and Muslim]

Muslim Religion Sharia Law

“None of you truly believes (in Allah and His religion) until he loves for his brother what he loves for himself.” [Sahih Bukhari and Muslim]

Sharia The Muslim Legal System

There has been a movement according to which it has been taken into account whether to enforce the teachings and prescription of Muslim Shariah into the West too as Shariah defines complete and ideal rules regarding marriage, divorce, custody, politics related dealings, equal rights and every aspect of life. There are various Muslim countries which follows Muslim Shariah to govern the legal code inside their country. The Islamic Shariah is continued to spread in many counties now because the West has started realizing about the real payback of implementing and following Shariah rules and regulations.

“I asked Allah’s Messenger (PBUH) which deed was best.” He (the Holy Prophet) replied: “The prayer at its appointed hour”. [Sahih Muslim]

The Muslim Sharia Legal System

“There are two blessings which many people lose: (They are) health and free time for doing good.” [Sahih Bukhari]

The Muslim Shariah

This post originally appeared “What you need to know about Muslim Shariah

 

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

Application of Muslim Sharia Law in European Countries

August 3rd, 2015Posted by Islamic Sharia

Sharia laws are one of the principal rules that make up Islamic law system and its basic structure. Speaking of it briefly, Sharia laws are meant to throw light on almost all the aspects of human cultural and religious needs. It includes topics of economic, criminal, political scope to domestic issues, rights of women, punishments, prayers, fasting etc. Sharia is strictly followed in almost all the Islamic states of the world. Some countries have inculcated various points from Sharia law as a part of the constitution. Basically there are two major sources of devising Muslim Sharia, namely Quran and Hadith. A Muslim sharia law is declared as official if it has been approved by one of the various methods of authentication in Islam. These methods include Ijma, Qiyas, Urf etc.

Respect of Women in Islamic Sharia
Talking about application and perception of Muslim Sharia law in European countries in the recent years, initially it was limited to small Muslim communities, where it was practiced with full religious freedom, especially after World War II. Now after more than half a century, due to high birth rate, Muslim population in European countries has gone far higher and Muslims are frequently demanding official application of Sharia laws in Muslim communities. This has led to a certain kind of flux within various European nations like France, where they are trying to minimize the application of Sharia law. The rapid spread of Sharia law in Germany has resulted into application of Muslim Sharia law in German courts, while dealing with any Muslim community issue, like husband wife dispute, property issues etc. Even a non-Muslim German judge has to consult Quran or Hadith in order to give judgment of the case.

Law of Muslim Sharia
In France, which has a high Muslim population, in order to follow Muslim Sharia law, all the meat sold to Muslim community is ‘halal’, having been properly sacrificed to Allah. In various countries like Denmark and Spain, Muslims have been successful in demanding a separate Muslim police that arrests and punished those Muslims who violate Muslim Sharia law. For example, In Spain, in accordance with Hudood punishments, a woman was sentenced to death, although she managed to escape the punishment. Although there is a lot of approving applications of Muslim Sharia law in Europe, there has been a heavy criticism on it in European nations as well.

 

There has been a rise in negative perceptions relating to application of Sharia Law, especially after the murders of cartoonists Theo Van Gogh and Charlie Hebdo. One of the major reason behind these misperceptions is that there has always been a flux between European law after world war II and Islamic sharia law. While Islamic sharia law follows a concrete set of rules devised by Allah, but the western impression of Sharia is a set of fiqh which tells a common man about ways to follow rules rather than providing a set of rules for governing a civil structure. However, Europe continues to practice its secular law, providing moral and ethical solutions to Muslim communities without clashing with state laws of civil nature.

Women Rights under Islamic Sharia

July 27th, 2015Posted by Islamic Sharia

Discussing regarding the marital rights of Muslim women, they are allowed to ask for ‘Khula’ from their husbands in case of conflicts. Khula is termed as a divorce which is called upon by the woman. Under Islamic Sharia, divorce is considered the most unfavorable and poor act.

Information about muslim sharia law

Solving the conflicts to the ultimate call is what has been preferred in Sharia but if the issues do not reach upon any result then the act of proceeding divorce has been allowed. Moreover Muslim women are not allowed to marry a non-Muslim where as a Muslim man is allowed to marry a non-Muslim woman provided she is the follower of one of the books of Allah. The reason behind this discrimination being told by some scholars is the fact that as the Muslim woman is obedient to his man after marriage, she cannot be subservient to a non-Muslim man after marrying him. And if a man enters into another religion other than Islam after marriage, then their Nikkah automatically gets disband.

Islam and sharia law

Muslim women are highly encouraged to get educated. Education is what is considered to be the sole right of every person. According to a Hadith, Prophet Muhammad (PBUH) said ‘Get education even if you have to travel to China.’ This clearly depicts the importance and the value of education being focused in Islam and Sharia.

Women Right Uder Islamic Sharia

SHARIA LAW AND MARRIAGE

April 29th, 2014Posted by Islamic Sharia

SHARIA LAW AND MARRIAGE

The concept of marriage is present in almost every society in today’s world. Also every religion has the basic concept of marriage in one form or another. So it’s quite obvious that marriage plays an important part in lying down of a stable and civilized society.

Criticism of Marriage in Sharia Law

Islam lays great emphasis on marriage. It strictly prohibits any form of adultery or infidelity. There have been quite a few misunderstandings associated with marriage and the role Sharia plays in a Muslim marriage.Meaning of sharia law

  • It is believed that Sharia Law allows forced marriage amongst Muslim men and women. This is not true. Islam does not support forced marriages. In fact, Islam allows free will and free consent in matter of marriage. Muslim man and Muslim woman are free to refuse marrying someone they do not consider as suitable match to them. Many people confuse arranged marriages as being forced marriages. This is not the case. Arranged marriages are initiated by parents of both bride and groom. However , this is more of a cultural arrangement rather than a religious one. South Asian countries have arranged marriages embedded in their cultures. Even other religious communities prefer to have arranged marriages within their families.
  • Muslim sharia law and sharia council
  • Another misconception is that Sharia Law does not allow women the right to get divorce from their spouses. This is again baseless. Sharia Law allows Muslim women to get divorce if they feel they are being treated in an unjust and wrongful manner. The reasons for divorce are not much different from the ones that are used by women of other faith. Islam does not encourage divorce but this applies to both men and women.
  • There is also this never ending debate about Muslim men allowed to having more than one wife. Sharia Law does make a provision for polygamy but it comes with strict restriction. A man is supposed to be just and fair to all his wives equally. A man is to take permission from women he is already married to before bringing another woman into his wedlock. Also, this provision allows for a man to be married to widows etc.

Again, the basic understanding of Sharia Law is required to fully grasp the concept of marriage in Islam and how it serves to protect the rights of both men and women. It also plays an important role in making the bond stronger and keep this basic tool of society functional and intact.

CRITICISM OF SHARIA LAW IN UK

April 29th, 2014Posted by Islamic Sharia

There is a common understanding between people, especially non Muslims, that Sharia Law lacks compassion and is basically considered to be cruel. However, this assumption about Sharia Law is based upon examples and incidents that portray Sharia Law in the worst possible way.

SHARIA LAW AS CRUEL

Many critics of Sharia Law consider it to be quite harsh especially in modern times. However, many of the incidents quoted in this regard by media are biased. Media tends to highlight the small muslim minority that mishandles Sharia Law to an extent. If we look into history, we’ll come across many Muslim rulers who have been awful and have misused Sharia for their own benefit. However, it certainly does not mean that the essence of Sharia is lacking compassion. Media certainly plays an important role in forming general consensus by consistently highlighting a bad incident in which Sharia is involved; however, it will ignore all other good incidents where Sharia Law played an important part or deliberately ignore bad law making decisions involving modern judicial system.

Muslim Sharia punishment

Particularly in case of death sentence, how can any media justify a certain death punishment to be better than other types of death punishments? The purpose is to bring justice to the victim and also set an example for society to eliminate such instances in future. By saying that beheading of murderer in Islam is cruel as compared to electric chair or using lethal injection than this seems quite unreasonable. Islam orders swift death even for a murderer.

What is Muslim Sharia Law

SHARIA LAW AND GENDER INEQUALITY 

One of the main criticisms aimed towards Sharia Law in UK is that it is considered to be against women in some aspects of life. This is again not true. This is well known that Women gender is weaker by nature. Islam realizes this weakness of women and instead of exploiting it, it makes Muslim men take care of their women.

Muslim sharia council

Muslim men are to take care of their women and also provide protection to them. This is not treating women as unequal, this actually is quite opposite. Sharia Law gives importance to Women and their rights. There are laws to protect Women against oppression and wrong doing of Men.