What is the Sharia?
The Sharia refers to the Law of Islam. Literally, "sharia" means 'path leading to the watering place.' The Sharia constitutes a comprehensive body of Islamic religious teachings and guidance derived from the Quran and the Sunnah of the Prophet Muhammad, peace be upon him. The law serves as a divinely ordained path of conduct that guides Muslims towards the practical expression of their religious convictions in this world and towards achieving divine blessings in the hereafter. It covers all facets of human existence, governing aspects of:
- beliefs (Itiqadaat)
- rituals and worship (Ibadah)
- societal interactions (Muamalat)
- punishments (Uqubaat)
- ethical behavior (Akhlaq)
Islam denotes submission to the will of Allah. The word 'Muslim,' derived from Islam, means 'one who submits to Allah.' Islam expects a Muslim to follow its laws in every aspect of life. Islamic Law is comprehensive, encompassing all aspects of human life. It offers guidance on matters ranging from personal and familial to religious, social, moral, and business-related issues, ensuring that no aspect of life is beyond its scope. This guidance forms the foundation for decision-making and conduct, rather than prescribing detailed rules for every specific situation. In legal contexts, the Sharia specifically refers to the commands, prohibitions, guidance, and principles that are derived from Islam's primary sources: the Quran and the Sunnah.
Sharia is rooted in two main sources:
The primary sources include the Quran and the Sunnah of the Prophet Muhammad, peace be upon him.
Quran: The Quran is the most important source of the Sharia as it is the direct word of Allah. Literally, the word "Quran" means ‘the recital,’ meaning that one of the essential implications of this designation of the Quran is meant to be recited. It is a divine book, revealed as the final revelation and guidance to the Prophet Muhammad, peace be upon him, Allah’s last prophet and messenger. The Quran comprises 114 chapters with more than 6000 verses discussing legal principles and injunctions dealing with every aspect and sphere of human life and existence, such as rituals, marriage, divorce, succession, inheritance, commerce, etc.
Sunnah: In Islam, the term "Sunnah" refers to the practices of the Prophet Muhammad, peace be upon him, and consists of his teachings, actions, and tacit endorsements or disapprovals, which were collected and compiled by Islamic scholars through established chains of narration from the companions (Sahaba) of the Prophet, peace be upon him. The Sahaba were companions of the Prophet, including his family members and other followers, who observed him during his lifetime and shared what they had seen of his words and behaviors. The Sunnah clarifies details of what is stated generally in the Quran. Records of the Sunnah are known as hadith. Both the Quran and the Sunnah are immutable.
The secondary sources involve human interpretation and deduction, anchored in the primary sources. When a specific decision or authority related to a particular case is not found in the Quran or the practices of the Prophet Muhammad, peace be upon him, then the accepted methodology of Islamic scholars is to undertake legal reasoning and interpretation to find out the answer. This methodology, known as Ijtihad, involves using legal reasoning in light of the Quran and the Sunnah to address cases not explicitly covered by these primary sources, forming a secondary basis for Islamic law. Key components of Ijtihad include:
a) Ijma, or the consensus of Muslim jurists on legal matters after the Prophet's time, peace be upon him.
b) Qiyas, or analogical reasoning, which extends a Sharia ruling from an original case (asl) to a new one based on a shared underlying cause (illah) as the former, with the original ruling derived from the Quran or the Sunnah. For example, the Quran forbids the consumption of alcohol, but does not say anything about drugs. On the basis of Qiyas, asl alcohol is extended to the prohibition of the consumption of drugs at the present time based on the same illah.
Usul al-Fiqh is the discipline that outlines the methodology and principles for deriving Islamic legal norms (Fiqh) from sources. Fiqh, as Islamic jurisprudence, is a branch of Sharia science that examines codes of conducts, in other terms, human actions in the context of Islamic obligations, providing a set of practical rulings essential for adhering to Sharia mandates. It can be said that Fiqh is the product of Muslim jurist’s understanding and interpretation of the Sharia.
A Fatwa is an authoritative religious ruling or legal opinion issued by qualified Islamic scholars in response to questions about Sharia's legal interpretations. In the process of issuing a fatwa, an Islamic scholar utilizes evidence and sources, moving from primary sources to secondary ones in pursuit of an answer to the matter at hand.
In Islamic jurisprudence, legal judgments are based on two fundamental concepts: Halal (permissible) and Haram (forbidden), categorizing all actions and entities within the Islamic framework. Halal includes all behaviors sanctioned by Islam, while Haram encompasses those that are prohibited.
A key principle in the Sharia states that acts of Ibadah (faith and worship) are considered prohibited unless explicitly allowed by the Quran or the Sunnah, whereas matters of Muamalat (social transactions) are generally permitted unless explicitly forbidden. This distinction also applies to commercial and trading practices.
Importance of the Sharia
The concept of the Sharia might be complex for non-Muslims, especially in relation to adhering to a legal framework prescribed in the centuries-old Quran. The Sharia is much more than a mere collection of laws; it is essentially a comprehensive lifestyle. For generations, it has served as a means to structure societies and guide individuals, providing clarity on contemporary issues such as the permissibility of investing in cryptocurrencies. Through ongoing, vibrant interpretations, Islamic law's roots deliver decisive and enlightening solutions. The Sharia offers a multitude of benefits to both Muslims and the wider community.
- Ethical Guidance: The Sharia acts as an ethical beacon, fostering accountability and moral behavior in Muslims, encouraging virtues like integrity and fairness across all life facets.
- Community Cohesion: By establishing clear moral guidelines, the Sharia contributes to community well-being. It upholds individual rights, ensuring fairness and equality, which in turn fosters societal peace and prosperity.
- Spiritual Direction: The Sharia serves as spiritual guidance, helping Muslims live in accordance with Islamic principles. It underscores the importance of rituals such as prayer and charity, enhancing spiritual fulfillment.
- Fair Economic Practices: The Sharia champions economic fairness, denouncing exploitative acts such as interest and advocating for equitable wealth distribution and philanthropy, thereby narrowing societal economic disparities.
- Judicial Framework: The Sharia lays down an exhaustive judicial framework, spanning family to criminal and commercial law, ensuring a fair and balanced legal environment. In contemporary society, Sharia manifests in various forms, shaping the lives of many Muslims worldwide concerning marriage and divorce, inheritance and succession issues, guides business ethics and commercial transactions, laying the foundation for Islamic finance.
Sharia and Modern legal systems
The Sharia differs from the modern legal systems in two principal respects. Firstly, Sharia's scope is considerably broader because the modern legal systems regulate only the individual’s relationships with others, like neighbors and the state, and consider ethics and codes of behavioral conduct to be beyond their purview. Legal norms, ethics and behavioral codes are generally seen as societal norms that can change over time and vary from one state to another, which is a limitation of modern legal systems. In contrast, the Sharia regulates an individual's relationship with Allah and the individual’s own conscience not only through ritual practices such as the daily prayers (salat), almsgiving (zakat), fasting (sawm), and pilgrimage (hajj) which are an integral part of Sharia, but also intertwines legal norms with ethical guidelines, outlining not just the legal entitlements and obligations but also moral imperatives and prohibitions. Thus, certain actions are deemed commendable (mandub), attracting divine approval for their execution or disapproval for their neglect, while others are considered reprehensible (makruh), carrying the converse implications, albeit without legal consequences in terms of punishment or reward, nullity, or validity. Therefore, the Sharia is not merely a system of law but also a comprehensive code of behavior.
The second major distinction between the Sharia and the modern legal systems is a consequence of the Islamic concept of the law as the expression of the divine will. With the departure of the Prophet Muhammad, peace be upon him, in 632, direct communication of the divine will to human beings ceased, and the terms of the divine revelation were henceforth fixed and immutable. Overall, Sharia holds not only for ritual law; revelation can be interpreted in varying ways, holding over time. The diversity of possible interpretations has produced a wide array of positions on almost every point of law. The diversity within these legal traditions underscores the dynamic and adaptable nature of Islamic jurisprudence, capable of addressing the evolving needs of the Muslim community across different times and places.