Islamic Shari’ah: Legal SystemIslamic Shari’ah: Legal System

Shari’ahShari’ah Means “a waterway that leads to Means “a waterway that leads to

a main water source”a main water source” Divine laws, codes, rules of conduct Divine laws, codes, rules of conduct

intended to benefit individuals and intended to benefit individuals and societysociety

““then we gave you a sharia in religion, then we gave you a sharia in religion, follow it, and do not follow the lust of follow it, and do not follow the lust of those who do not know” (Qu’ran 45:18)those who do not know” (Qu’ran 45:18)

TermsTerms Fard (Compulsory) – performance is rewarded Fard (Compulsory) – performance is rewarded

and omission is punishableand omission is punishable Mandub (Recommended) – performance is Mandub (Recommended) – performance is

rewarded but omission is not punishedrewarded but omission is not punished Mubah (Permitted) – actions permitted by Mubah (Permitted) – actions permitted by

silencesilence Makruh (Disliked) – actions disapproved but Makruh (Disliked) – actions disapproved but

not punishablenot punishable Haram (Forbidden) – actions punishable by Haram (Forbidden) – actions punishable by

lawlaw

Sources of Shari’ahSources of Shari’ah

Qu’ranQu’ran Sunnah/HadithSunnah/Hadith Ijmah (community consensus)Ijmah (community consensus) Qiyas (reasoned deduction)Qiyas (reasoned deduction)

Code of Behaviour and ConductCode of Behaviour and Conduct

Worship and religious obligationWorship and religious obligation Modest behaviour and moral conductModest behaviour and moral conduct Business and social dealingsBusiness and social dealings Marriage and divorceMarriage and divorce InheritanceInheritance Politics and economicsPolitics and economics Penal lawsPenal laws

Application of Shari’ahApplication of Shari’ah

Religion – obligation of preserving, learning and Religion – obligation of preserving, learning and spreading the religionspreading the religion

Life – ensuring the preservation of human life Life – ensuring the preservation of human life including marriage, eating and livingincluding marriage, eating and living

Intellect – forbids things which weaken intellect Intellect – forbids things which weaken intellect such as drugs and alcoholsuch as drugs and alcohol

Lineage – marriage protects lineageLineage – marriage protects lineage Wealth – ensures fair dealing and economic Wealth – ensures fair dealing and economic

justicejustice

Interpretation of Shari’ahInterpretation of Shari’ah

Faulty interpretation can be catastophicFaulty interpretation can be catastophic Some leaders chose personal gain rather than Some leaders chose personal gain rather than

implementation of the actual Qur’animplementation of the actual Qur’an Problems in some countries such as Pakistan Problems in some countries such as Pakistan

and Afghanistanand Afghanistan Lack of protection for women in particularLack of protection for women in particular

Solutions to the ProblemsSolutions to the Problems Greater understanding of Qur’an and SunnahGreater understanding of Qur’an and Sunnah Adoption of forgiveness and toleranceAdoption of forgiveness and tolerance Greater role of the Council of Islamic Ideology Greater role of the Council of Islamic Ideology

in forming judgementsin forming judgements Ibn al-Qayyim says:Ibn al-Qayyim says:

““Any ruling that replaces justice with injustice, Any ruling that replaces justice with injustice, mercy with its opposite, common good with mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that mischief, or wisdom with nonsense, is a ruling that does not belong to the Shariah, even if it is claimed does not belong to the Shariah, even if it is claimed to be so according to some interpretations”to be so according to some interpretations”

Taliban Shari’ahTaliban Shari’ah Department for the Promotion of Virtue and the Department for the Promotion of Virtue and the

Suppression of ViceSuppression of Vice Punishments for breaking Shari’ah include public Punishments for breaking Shari’ah include public

amputations, executions by stoning, public hanging amputations, executions by stoning, public hanging or shootingor shooting

Control of media through propagandaControl of media through propaganda Theft, adultery and crimes against religious laws are Theft, adultery and crimes against religious laws are

punishable by executionpunishable by execution Women must wear the burqa at all times and are not Women must wear the burqa at all times and are not

allowed an education, talking to a male, travelling allowed an education, talking to a male, travelling without a male relative, working without a male relative, working

Rape Case in Saudi ArabiaRape Case in Saudi Arabia

November 2007November 2007 – rape victim was punished – rape victim was punished for riding in a car with a man who was not a for riding in a car with a man who was not a relative and received 90 lashesrelative and received 90 lashes

She was further sentenced to 6 months in She was further sentenced to 6 months in prison and 200 lashes after she complained prison and 200 lashes after she complained about the treatment she received during the about the treatment she received during the court case and the lenient sentences of the men court case and the lenient sentences of the men who raped herwho raped her

Case Study: The Hand of a ThiefCase Study: The Hand of a Thief Quranic Verse: ‘The thief, male or Quranic Verse: ‘The thief, male or

female, cut off their hand in female, cut off their hand in retribution for what they have done, retribution for what they have done, an exemplary punishment from God, an exemplary punishment from God, for God is mighty and wise’ (Quran for God is mighty and wise’ (Quran 5:38). 5:38).

Hadith: ‘Do not cut off the hand of the Hadith: ‘Do not cut off the hand of the thief for less than ¼ dinar’ ≈ $25thief for less than ¼ dinar’ ≈ $25

Companion Ruling: Umar suspended Companion Ruling: Umar suspended the punishment during famine (aims the punishment during famine (aims of the Shariah)of the Shariah)