A Closer Look at Islamic Sharia Law and its FOUR Main Sources

Introduction

Sharia, or Islamic law, is often surrounded by misconceptions and myths. As the sacred law of Islam, Sharia intertwines divine commandments with the daily lives of Muslims, offering a way that is both spiritual and practical.

Sharia is designed to guide us in living our lives in a manner that is pleasing to Allah (SWT). It is not just a legal system but a way of life that contains personal morals and ethics, as well as issues affecting the community as a whole. At the same time, the implementation of Sharia can vary significantly across different cultures and countries.

What is Sharia Law?

Islamic Sharia Law, derived from the Arabic term shari’ah, means a clear path to be followed. It is a fundamental religious concept in Islam, representing the divine law as revealed to the Prophet Muhammad (SAW). Sharia is more than just a set of rules; it is a pathway to an ethical way of life. It guides actions in different aspects, from everyday activities like hygiene and diet to complex financial transactions and family law. Its aim is not only to provide a set of rules but to encourage a balanced society under the will of Allah (SAW). Allah Almighty says,

This verse shows that Sharia serves as a divinely ordained path meant to guide every aspect of a Muslim’s life.

Sources of Sharia

Sharia, the Islamic legal system, is based on several primary sources that form the foundation for its rules and principles. Here are the primary sources of Sharia:

Quran

The Quran is the holy book of Islam, believed to be the literal word of Allah Almighty as revealed to Prophet Muhammad (PBUH). It serves as the primary and most authoritative source of Sharia. The Quran contains guidance on every aspect of life, including worship, morality, and law. Its verses (ayahs) cover fundamental principles and specific rulings that we must follow.

To Learn the structure of the holy Quran, visit this blog post: Exploring the Structure of the Quran: A Comprehensive Guide.

Sunnah

The Sunnah refers to the practices, sayings, and approvals of Prophet Muhammad (PBUH). It completes the Quran by providing additional context, explanations, and examples of how to implement Quranic teachings in daily life. The Hadith books, which record the Prophet’s (SAW) Sunnah, are essential for understanding the application of Sharia. The Sunnah helps clarify ambiguities in the Quran and provides details on matters not explicitly mentioned in the Quran.

Ijma (Consensus)

Ijma, also known as Consensus, represents the agreement of Islamic scholars on a specific legal issue. When there is no clear guidance in the Quran or Sunnah, scholars may reach a consensus through collective reasoning and discussion. Scholars consider Ijma an authoritative source of Sharia because it reflects the collective wisdom and agreement of the learned community. It helps provide continuity and uniformity in Islamic law across different times and places.

An example of Ijma is the compilation of the Quran under the Caliphate of Hazrat Usman ibn Affan (RA), where consensus was reached regarding the standardized version of the Quran to prevent disputes over its textual variations.

Qiyas (Analogical Reasoning)

Scholars use Qiyas, or analogical reasoning, to derive legal rulings for new situations based on established examples. When the Quran, Sunnah, or Ijma do not explicitly address a new issue, scholars draw parallels with similar cases that have known rulings using Qiyas. By identifying the underlying principles and causes of existing rulings, scholars can develop these principles for new scenarios, ensuring that Islamic law remains relevant and adaptable.

A notable example of Qiyas is the prohibition of drugs and narcotics. Although the Quran does not explicitly mention them, scholars forbid them by analogy with alcohol, which the text clearly prohibits due to its intoxicating effects.

These four sources—the Quran, Sunnah, Ijma, and Qiyas—form the core framework of Sharia, guiding Muslims in their personal and communal lives.

Categories of Islamic Sharia Law

Islamic Sharia law contains a wide range of legal and moral guidelines for Muslims. It is typically categorized into several key areas, including a list of specific rules.

Ibadah (Worship)

This category governs the acts of worship and the relationship between individuals and Allah (SWT).

• Faith (Iman): Islamic law requires belief in the six articles of faith: Allah (SWT), angels, revealed books, Prophets and Messengers, the Day of Judgment, and divine predestination.
• Prayer (Salah): Salah is a ritual prayer that Muslims perform five times a day. It is a direct link between the worshipper and Allah (SWT). Sharia law mandates facing the Kaaba in Mecca and following specific times and procedures.
• Fasting (Sawm): Fasting during the month of Ramadan is one of the Five Pillars of Islam. The law states that Muslims must fast from dawn until sunset, abstaining from food, drink, and other invalidating acts.
• Almsgiving (Zakat): Zakat is a form of alms-giving that is treated in Islam as a religious obligation. The law requires Muslims to give a fixed portion of their collected wealth to those in need, usually about 2.5% of their capital.
• Pilgrimage (Hajj): Hajj is an annual Islamic journey to Mecca. According to Islamic Sharia law, it is a mandatory religious duty for all adult Muslims who are physically and financially capable to undertake this journey at least once in their lifetime.

Are you considering the Hajj pilgrimage? We have a dedicated section, Hajj and Umrah, just for you. Here, you can find detailed information about essential rituals such as Tawaf, Muzdalifah, and Rami al-Jamarat, as well as guidelines for shaving and cutting your hair.

Mu’amalat (Transactions)

Transactions (Mu’amalat) are a set of rules and regulations governing interactions and transactions among people.

• Contracts: All contracts must be fair, transparent, and agreed upon without force or deceit. Sharia provides detailed rules for different types of contracts to ensure fairness and transparency in business dealings.
• Trade and Commerce: Sharia provides ethical guidelines for buying, selling, and trading activities. Prohibited practices include interest (riba), fraud, and exploitation. To foster trust and fairness in the marketplace, conduct trade honestly and ethically.
• Financial Transactions: Islamic finance principles emphasize risk-sharing and profit-and-loss sharing. These principles form the basis of Islamic banking and investment, promoting ethical and socially responsible financial practices.

Nikah (Marriage) and Family Law

This category covers laws related to family matters such as marriage, divorce, inheritance, and child custody.

• Marriage (Nikah): Nikah is a legal contract between a man and a woman, uniting them in marriage. Islamic law outlines the duties and rights of spouses and requires the groom to give a mahr to the bride.
• Divorce (Talaq): Talaq is the Islamic form of divorce, which can be initiated by the husband and, in some cases, by the wife through khula. According to sharia law, a man can divorce his wife by pronouncing Talaq three times. However, specific waiting periods (iddah) and reconciliation attempts are required.
• Inheritance (Mirath): The Quran, Surah An-Nisa (Chapter 4), Ayahs 11, 12, and 176, outlines fixed shares for distributing inheritance, ensuring a fair distribution among inheritors.

Islamic Sharia Law Punishments

Sharia prescribes specific punishments under Sharia law for certain crimes, known as Hudud, and allows for flexible punishments (Tazir) for other offenses.

Hudud (Fixed Punishments)

Theft

Theft is the act of taking someone else’s property without their permission, with the intention of keeping it permanently. In Islamic law, the punishment for theft is severe to discourage people from committing this crime. The main penalty is cutting off the thief’s hand, but this is only carried out if certain conditions are met.

Conditions

• Value: The stolen item must be worth a significant amount.
• Security: The thief must take the stolen item from a secure place (hirz), such as a locked house or safe. Items left in open areas generally do not qualify for the amputation punishment.
• Proof: There must be clear proof, either through reliable witnesses or the thief’s confession.
• Mental State: The thief must be sane and fully aware that what they are doing is wrong.

Adultery (Zina)

Engaging in sexual relations outside of a lawful marriage, which includes both premarital sex and extramarital affairs. According to Islamic Sharia law, the punishment for adultery in Islam is severe, reflecting the seriousness of the offense. The fines vary depending on the marital status of the individuals involved:

If you want to learn more about the sin of Zina in Islam, click on the link and learn more about, The Sin of Zina: Its Punishments and the Path to Repentance.

Conditions

• Evidence Requirements: Proving Zina requires four adult male witnesses who directly observed the act. This stringent requirement often makes it difficult to establish guilt in practice.
• Confession: Zina’s confession can serve as evidence, but it must be made voluntarily and without coercion. Forced confessions are invalid.
• Pregnancy as Evidence: Pregnancy outside of marriage is generally considered strong evidence of Zina, but it is not conclusive on its own. The legal system also considers other factors, such as the woman’s character and the possibility of a legitimate marriage.
• Modern Interpretations: Contemporary Islamic scholars debate the applicability of the strict Zina punishments in modern societies. Some advocate for alternative punishments or focus on preventive measures, while others uphold the traditional view.

Punishments

1. Unmarried Individuals: The punishment is 100 lashes.
2. Married Individuals: The punishment is stoning to death.

False Accusation (Qadhf)

In Islamic law, Qadhf means falsely accusing someone of adultery or fornication. Here are the main points in simple terms:

1. Making an Accusation: If you accuse someone of adultery, you need to have four reliable witnesses who saw it happen.
2. No Proof: If you can’t provide these witnesses, your accusation is considered false.
3. Punishment: If you falsely accuse someone, you will be punished with 80 lashes.

This law aims to protect people’s honor and prevent false accusations.

Apostasy (Riddah)

In Islamic law, Riddah refers to the act of leaving Islam and its beliefs. Traditional Islamic law views apostasy as a serious offense, with some interpretations prescribing severe punishment, including the death penalty. It’s important to note that the severity of punishment varies by country and legal system.

For in-depth information, you can visit this link: Murtad in Islam: Impact on Beliefs and Society.

Murder and Bodily Harm (Qisas and Diyat)

Islamic law considers intentionally killing or injuring someone as murder or bodily harm. The punishment for these crimes is as follows:

1. Qisas (Retribution): In the case of murder, the legal system may impose a similar injury on the offender or sentence them to death.
2. Diyya (Compensation): The victim or their family can accept financial compensation instead of retribution.
3. Pardon (Forgiveness): The victim or their family can forgive the offender without any compensation.

To learn more about Murder, visit this blog: Murder in Islamic Law: From Prohibition to Punishment.

Alcohol Consumption (Shurb al-Khamr)

The act of drinking alcoholic beverages is prohibited in Islam. The typical punishment for consuming alcohol is flogging, which can be 40 or 80 lashes, depending on the ruling of the judge.

Tazir (Discretionary Punishments)

Punishments for offenses that are not specified with fixed penalties in the Quran or Hadith. In these cases, the judge has the discretion to determine the appropriate sentence based on the severity of the offense and the circumstances.

It’s important to note that the categories mentioned above are only a part of Islamic Sharia law, not the whole picture. Muslims should make an effort to learn and follow all aspects of Islamic law in their daily lives. This way, they can strive to live a life that is pleasing to Allah (SWT) and beneficial to society.

Countries with Islamic Sharia Law

Countries implement Sharia law to varying degrees. Some countries apply Sharia lawfully, while others implement it partially, usually in specific areas such as family law.

Iran

Iran implements Islamic Sharia law in full, with the legal system deeply rooted in Islamic principles derived from the Quran and Hadith. The country’s laws are a combination of Sharia and civil law, influencing all aspects of life, including criminal justice, family law, and social issues.

Brunei

Brunei has adopted a dual legal system, where both Sharia law and British Common Law operate. Islamic Sharia law in Brunei is primarily applicable to Muslims and covers personal matters like marriage, inheritance, and family law. However, recent changes have seen Sharia law’s extension to criminal law, enforcing strict punishments for specific offenses.

Malaysia

Malaysia operates a dual legal system that incorporates both Islamic Sharia law and secular law. Sharia law is applicable to Muslims in matters of family law, such as marriage, divorce, and inheritance. The secular legal system governs criminal law, business transactions, and civil rights.

Comoros

Comoros is an island nation where Islamic Sharia law coexists with civil law. Sharia law influences personal and family matters, particularly concerning marriage, divorce, and inheritance, while other aspects of the law are governed by the civil legal system.

Mauritania

Mauritania applies Sharia law in most aspects of its legal system, including criminal, family, and social laws. The legal system of Mauritania is heavily influenced by Islamic principles, with strict adherence to Sharia law in matters like theft and adultery.

Palestine

The legal system in Palestine is a combination of Islamic Sharia law and civil laws influenced by various historical legal systems. Sharia law is applied in personal status matters such as marriage, divorce, and inheritance, while civil law governs other legal areas.

Libya

Libya’s legal system is based on Islamic Sharia law, particularly in personal and family matters. However, the application of Sharia is mixed with civil law, and the degree of its enforcement varies across the country, particularly given the ongoing conflicts and divisions.

Pakistan

Pakistan combines Islamic Sharia law with British-influenced civil law. Sharia principles mainly guide family law, including marriage, divorce, and inheritance. However, secular laws influence other areas, such as criminal law and business regulations.

Bahrain

Bahrain implements a dual legal system where Islamic Sharia law is applied to personal matters like marriage, divorce, and inheritance, especially for Muslims. The country’s legal system also includes elements of civil law, particularly in criminal justice and commercial law.

Saudi Arabia

Saudi Arabia strictly adheres to Islamic Sharia law, which forms the foundation of the country’s legal system. All aspects of life, including criminal justice, family law, and business transactions, are governed by Islamic law derived from the Quran and Hadith.

Djibouti

Djibouti’s legal system incorporates both Sharia law and civil law. Sharia law primarily governs personal status issues, such as marriage and inheritance for Muslims, while civil law handles criminal, business, and civil matters.

Nigeria

Nigeria has a mixed legal system that includes Islamic Sharia law, common law, and customary law. Sharia law is applied in the northern states, where it governs family and personal matters for Muslims. In some regions, Sharia law also applies to criminal cases.

Jordan

Jordan implements a dual legal system where Sharia law is applied to personal matters for Muslims, such as marriage, divorce, and inheritance. The country’s legal system is also influenced by civil law, particularly in criminal and commercial matters.

Qatar

Qatar operates under a mixed legal system that incorporates both Islamic Sharia law and civil law. Sharia law influences personal and family matters, particularly for Muslims. The country’s criminal and commercial laws are a mix of Sharia principles and modern legal frameworks.

Afghanistan

Afghanistan’s legal system is primarily based on Islamic Sharia law, particularly in personal and family matters. The application of Sharia law extends to criminal justice, with strict punishments for certain offenses. The ongoing conflict in the country has also influenced the extent of Sharia’s implementation.

Egypt

Egypt’s legal system is a blend of Sharia law and civil law. Sharia law governs personal status laws for Muslims, including marriage, divorce, and inheritance. Civil law, influenced by French and British legal traditions, handles criminal, business, and other civil matters.

Bangladesh

Bangladesh implements a dual legal system where Sharia law is applied to personal matters for Muslims. The civil legal system, influenced by British colonial law, governs criminal, commercial, and civil rights issues.

Gambia

Gambia operates a mixed legal system, incorporating both Sharia law and civil law. Sharia law applies to personal status matters for Muslims, such as marriage and inheritance, while civil law governs criminal and commercial activities.

United Arab Emirates

The United Arab Emirates (UAE) has a dual legal system where Islamic Sharia law is applied in personal matters, particularly for Muslims. Sharia law governs marriage, divorce, inheritance, and other family issues, while civil law handles criminal, business, and other legal matters.

Kuwait

Kuwait implements a dual legal system where Islamic Sharia law is applied to personal status matters for Muslims. Civil law, influenced by other legal traditions, governs criminal justice, business transactions, and civil rights.

Syria

Syria’s legal system is a mix of Sharia law and civil law. Sharia law influences personal status laws for Muslims, such as marriage, divorce, and inheritance. Civil law, influenced by French legal traditions, governs criminal, commercial, and other civil matters.

Misconceptions About Sharia

Not a Monolithic System: Sharia is not uniform; it differs widely across cultures and regions. Different Islamic law schools (e.g., Hanafi, Shafi’i) interpret Sharia uniquely, leading to diverse practices. Cultural influences further shape its implementation, resulting in various practices in countries like Indonesia and Saudi Arabia.

Sharia vs. Secular Law: In many Muslim-majority countries, there are dual legal systems in place. Under these systems, Sharia governs personal status issues for Muslims, while secular law addresses other aspects of governance. Examples of countries with such systems include Malaysia and Nigeria. Additionally, countries like Egypt and Jordan integrate Sharia principles into their secular laws, particularly in family law.

Extremism: Extremist groups misinterpret Sharia to justify their actions, which is not representative of mainstream Islamic thought. Mainstream Sharia stresses justice and charity, which is condemned by the majority of Muslims and scholars.

Conclusion

Islamic Sharia law is a comprehensive and complex system of law and ethics that encompasses all aspects of life. It is not just a set of legal codes but a holistic framework designed to guide individuals towards a righteous and balanced way of life. Sharia combines religious duties, moral conduct, and social responsibilities, reflecting its profound significance in the Muslim world.

Islamic laws play a crucial role in guiding us ethically and legally. They provide a moral compass and a legal framework that helps followers navigate the complexities of modern life while staying true to their faith. Through Sharia, Muslims find a source of spiritual strength, ethical direction, and a sense of justice, reinforcing its enduring applicability in modern society.