Recently the word Shariah has become very familiar. Across
the globe people are fond of using it even when they are not familiar with what
it actually means. Sections of the media and hate groups give the impression
that Shariah is a set of draconian laws intent on amputating hands and lopping
off heads. This explanation is far from the truth. Shariah literally means a
well-worn path to a water source, and Islamically, it is a term that is used to
describe Islam as a complete way of life. Water is essential to human life and
the religion of Islam is essential to complete spiritual wellbeing. Thus Shariah
is a set of laws that provide a clear and straight path to fulfillment in this
life and success in the Hereafter.
The Shariah is made up of commandments, rules and
regulations that are designed by God to protect and benefit all of humankind. It
is true that the Shariah does encompass a penal code and system of law but that
is only one aspect of it. It also provides the framework for a functioning
society with specific moral, ethical, social and political codes of conduct. The
Shariah allows each individual to form an ongoing relationship with God. Its
laws provide the guidance humankind requires so that good will triumph over
evil.
The Shariah covers two main areas, worship and worldly
matters. In both, the scholars of Islam generally agree that mercy is its overriding
principle. God says in the Quran that Prophet Muhammad, may the mercy and
blessings of God be upon him, was not sent except as a mercy to humankind. (Quran
21:107) Prophet Muhammad reiterated this concept when he told his followers
that “God shows mercy to those who have mercy on others. Show mercy to those
on earth, and the One above the heaven will show mercy to you.”[1]
The Shariah is derived from the primary sources of
Islam, the Quran and the authentic Sunnah, or teachings, of Prophet Muhammad. The
Quran gives us the main principles while the Sunnah provides the details of
their application. For example, when the Quran tells us to establish the
prayer we must turn to the Sunnah in order to understand the details of how to
pray. The Shariah also includes scholarly consensus, legal analogy and
interpretive reasoning. This allows the Shariah to remain relevant in changing
social and cultural circumstances.
Family law is one of the worldly matters in the Shariah and
it includes marriage, divorce, matters pertaining to children and inheritance.
Common law covers, buying and selling, contracts and other financial matters. The
penal code or criminal law includes robbery, murder, adultery, rape and slander.
It is almost universally accepted that there are five
objectives or goals with which the Shariah preserves basic human rights. These
rights are faith, life, the family, intellect and wealth. Fourteenth century
legal scholar, Ibn al Qayyim stated that, the foundation of Shariah is wisdom
and the safeguarding of people’s rights…”
1. Faith (religion). God has made religion and worship obligatory.
He has made the religion of Islam, and all that it entails, obligatory. Thus
the first objective of the Shariah is to uphold the right to worship God in the
way that He has commanded. The Shariah also contains rules and regulations
pertaining to learning and propagating the religion.
2. Life. The Shariah is designed to preserve human life. Life is
sacred because it is a gift from God. The taking of one human life is like
killing the whole of humanity. Likewise saving one life is like saving all of
humanity. (Quran 5:32)
3. The Family. Marriage is legislated in the Shariah and sex
outside of marriage is forbidden. Every child has the right to grow up in a
family and in safety, thus taking care of the family and the needs of orphans
is an essential part of the Shariah.
4. Intellect. Sound intellect and knowledge is promoted and
anything that corrupts or weakens it, such as alcohol and drugs, are forbidden.
A strong intellect is a benefit to humankind, thus the Shariah encourages the
education of both sexes.
5. Wealth. People have the right to own and protect their wealth
and property. Theft is forbidden, transactions are regulated and usury is
forbidden. Laws that promote justice and fair dealing have been provided to
govern commerce and transactions. Via obligatory charity the wealth of the
community reaches those in need.
The Shariah is a straight way and a set of God given
guidelines that when followed correctly will assure that every believer attains
the ultimate success; a blissful life in the Hereafter. God said of the Shariah,
“Then We put you, [O Muhammad], on a straight way concerning the matter [of
religion]; so follow it and do not follow the inclinations of those who do not
know.” (Quran 45:18) Thus we find that the Shariah is all about justice, mercy,
wisdom, and righteousness. Any opinion or Islamic ruling that replaces justice
with injustice, mercy with its opposite, good with mischief, or wisdom with
nonsense, is an opinion that is not Shariah, even if it is claimed to be so.[2]
In the last few years it seems that anybody who is
literate can claim to be qualified to make Islamic rulings. Because of this,
it is important to remember that the behavior of a Muslim may not be from the Shariah,
and the opinion of a scholar may also not be from the Shariah. Similarly the
actions of a group of people, or a state that calls itself Islamic, may not be in
accordance with the Shariah no matter how many times they proclaim themselves
to be Muslim. The Shariah is defined by the moral purposes and the ethical
principles set in the Quran and the authentic Sunnah of Prophet Muhammad. Any
interpretations that defy those doctrines are wrong and not from Islam.
Footnotes:
[1]
At-Tirmidhi
[2]
Ibn Al-Qayyim. I’lam al-Muwaqqi’in ‘an Rabb al-‘Alamin.