Sharia Law in Brief!
By Syed Kamran Mirza
Skmirza.mirza@gmail.com
January 7, 2011
What is Sharia law?
The term Sharia (Arabic شريعة arīʿa; way or path) is the sacred law of Islam. Sharia law literally means religious code of life. It is used to refer both to the Islamic system of law and the totality of the Islamic way of life. Sharia guides all aspects of Muslim life including politics, daily routines, foods, clothing, amusements, sports, familial and religious obligations, and financial dealings. Traditional Muslims (all mullahs, Mawlanas, Muftis, and Islamic scholars) who understand the Quran and the Hadith believe that sharia (Islamic law) expresses the highest and best goals for all societies on Earth. It is the law of Allah and bound to be the best of all. Because of this ardent belief, fanatical Muslims all over the world are in constant struggle (Jihad) with their ruling Government to establish Islamic Sharia as the countrys only rule by replacing modern secular democracy (Laws made by human).
Sharia and its origin and sources:
The sharia law in all the four Madhabs are esentially the same. The principal sources of Sharia are: t
he Quran, Hadiths, and Sunnah(the sayings, practices, and teachings of the Prophet Mohammed). The secondary sources are: Ijma (consensus), Kiyas (analogy), Ijtihad (responsible individual opinion), and Istihsan (Juristic references).
There are four main schools of Sharia law:
Hanbali: This is the most conservative school of Sharia. It is used in Saudi Arabia and some states in Northern Nigeria.
Maliki: This is based on the practices of the people of Medina during Muhammads lifetime.
Shafii: This is a conservative school that emphasizes on the opinions of the companions of the Prophet Muhammad.
Hanifi: This is the most liberal school, and is relatively open to some limited modern ideas.
Brief History of Sharia compilations:
Muslims consider that, Sharia law was founded on the words of Allah as revealed in the Quran, and traditions gathered from the life of the Prophet Muhammad. Sharia continued to undergo fundamental changes, beginning with the reigns of caliphs Abu Bakr (63234) and Umar (63444), during which time many questions were brought to the attention of Muhammads closest comrades for consultation.[60] Therefore, Quran and Sunnah were the principle guidance to formulate the core issues of Islamic Sharia.
Although, Sharia law principally derived from the emulations of early Islamic rules by
Prophet Muhammad and his four rightly guided Caliphs
, but written format (except some hand-written notes) was not available during the early period of Islamic Caliphates. However, hand-written Sharia formulation was started right from the time of Prophet and continued thereafter during four rightly-guided Caliphs, Umayyad and Abbasid Caliphs until the time of Ottoman Empire. Sharia developed during the long period of: 750-850 CE. Actual Hand-written Sharia booklets were formed and compiled by four schools of Islamic scholars and were used by various caliphs as the constitution of the court and final version of the Sharia was compiled after 150 years of the death of Prophet Muhammad in 632 CE. Modern-day Saudi Courts use most conservative Sharia formulated by Imam Hanbali (Hanibali booklet) and Imam Jafri booklet is used in Iran.(Al-Cistani is the guru of Shiite jurisprudence). Actual paper-backed Islamic Sharia books were prepared during 17th Century King Auwrangazev (Alamgir) of Mugal Empire in India.
Some common laws of Islamic Sharia which are regularly practiced in the Islamically ruled (Sharia-based) nations with some minor variations:
1- Jihad defined as to war against all non-Muslims to establish the religion is the duty of every Muslim and Muslim head of state (Caliph). Muslim Caliphs who refuse jihad are in violation of Sharia and unfit to rule.
2- A Caliph can hold office through seizure of power meaning through force.
3- The head of an Islamic State (Caliph) cannot be charged, let alone be punished for serious crimes such as murder, adultery, robbery, theft, drinking and in some cases of rape (Hudood cases) Codified Islamic Law Vol 3 # 914C of and page 188 of Hedaya the Hanafi manual.
4- A percentage of Zakat (alms) must go towards jihad.
5- It is obligatory to obey the commands of the Caliph, even if he is unjust.
6- A caliph must be a Muslim, a non-slave and a male.
7- The Muslim public must remove the Caliph in one case, if he rejects Islam.
8- A Muslim who leaves Islam (apostate) must be killed immediately.
9- A Muslim will be forgiven for murder of : a) an apostasy b) an adulterer c) a highway robber. Making vigilante street justice and honor killing acceptable.
10- A Muslim will not get the death penalty if he kills a non-Muslim.
11- Sharia never abolished slavery and sexual slavery and highly regulates it. A master will not be punished for killing his slave. Slavery still exists amongst Arab Muslims.
12- Sharia dictates death by stoning, beheading, for sins like killing, adultery, prostitutions; and other Quranic corporal punishments like: amputation of limbs (chopping hands and feet), floggings, beatings and other forms of cruel and unusual punishments even for the sins like: stealing, sexual promiscuity, robbery, burglary etc.
13- Non-Muslims are not equal to Muslims and must comply to Sharia (pay Zizzya: poll tax) if they are to remain safe. They are forbidden to marry Muslim women, publicly display wine or pork, recite their own religious scriptures, or openly celebrate their religious holidays or funerals. They are forbidden from building new churches or building them higher than mosques. They may not enter a mosque without permission. A non-Muslim is no longer protected if he commits adultery with a Muslim woman or if he leads a Muslim away from Islam.
14- It is a crime for a non-Muslim to sell weapons to someone who will use them against Muslims. Non-Muslims cannot curse a Muslim, say anything derogatory about Allah, the Prophet, or Islam, or expose the weak points of Muslims. However, Muslims can curse, criticize or say anything derogatory they like to the religions of others.
15- A non-Muslim cannot inherit from a Muslim.
16- Banks must be Sharia compliant and interest is not allowed.
17- No testimony in court is acceptable from people of low-level jobs, such as street sweepers or a bathhouse attendant. Women in such low level jobs such as professional funeral mourners cannot keep custody of their children in case of divorce.
18- A non-Muslim cannot rule even over a non-Muslims minority.
19- Homosexuality is punishable by death.
20- There is no age limit for marriage of girls under Sharia. The marriage contract can take place anytime after birth and consummated at age 8 or 9.
21- Rebelliousness on the part of the wife nullifies the husbands obligation to support her, gives him permission to beat her and keep her from leaving the home.
22- Divorce is only in the hands of the husband and is as easy as saying: I divorce you and becomes effective even if the husband did not intend it.
23- There is no common property between husband and wife and the husbands property does not automatically go to the wife after his death.
24- A woman inherits half what a man inherits. Sister gets half of what brother gets.
25- A man has the right to have up to 4 wives and wife has no right to divorce him even if he is polygamous.
26- The dowry is given in exchange for the womans sexual organs.
27- A man is allowed to have sex with slave women and also with women captured in battle (concubines), and if the enslaved woman is married her marriage is annulled.
28- The testimony of a woman in court is half the value of a man; that is, two women equal to one man.
29- A woman looses custody if she remarries.
30- A rapist may only be required to pay the bride-money (dowry) without marrying the rape victim.
31- A Muslim woman must cover every inch of her body which is considered Awrah, a sexual organ. Some schools of Sharia allow the face and some dont.
32- A Muslim man is forgiven if he kills his wife caught in the act of adultery. However, the opposite is not true for women since he could be married to the woman he was caught with.
33-It is obligatory for a Muslim to lie if the purpose is obligatory and is known as Taqiyya (Islamic Deception). That means that for the sake of abiding with Islams commandments, such as jihad, a Muslim is obliged to lie and should not have any feelings of guilt or shame associated with this kind of lying.
The above are clear-cut laws in Islam decided by great Imams after years of examination and interpretation of the Quran, Hadith and Mohammeds life.
34. The perpetrators of genocide, mass rape and plunder will not be punished if they repent Codified Islamic Law Vol 1 # 13.
35. To prove rape, a woman must have 4 male witnesses. Womens testimony is not accepted Pakistans Hudood ordnance 7 of 1979 amended by 8B of 1980. Thousands of raped women and girls in many countries have been charged with Zena (physical relations outside marriage) and punished by Sharia courts for want of witnesses.
36. All modern music including sexually explicit music of any kind is strictly prohibited and punishable by Islamic Sharia code of justice. Only Islamic songs are allowed.
The above are the most important parts of Islamic Sharia law which were devoutly practiced by the early Islamic rulers (Holy Prophet and his four rightly guided Caliphs) and also by the Caliphs of Ummyad and Abbasid Dynasties ruled from Baghdad (Todays Iraq) and later by Ottoman Empire with very little variations.
Some Quranic verses and Hadiths which can be directly attributed for sharia justice:
Readers can check following Quranic verses to understand the sources of the corporal punishments as per Sharia Justice:
[Quranic Verses: 4:34, 4:15-16, 24:2. 5:38, 5:45, 5:33, 98:6, 9:111, 9:29, 3:85, 4:89 , 3:90, 4:11-12, 4:176, 8:1, 43:18, 33:61, 4:16-20, 2:282, 2:230, 4:3, 4:11-12, 9:28, 2:96, 9:30, 3:28, 16:106-107, 2:223, 8:12-14, 8:65, 47:4, 9:39, 2:96, 9:30, 2:191, 2:216, 48:20, 5:33, 9:73, 3:85, 9:113, 9:80-84, 33:21].For space limitations, it is not possible to cite exact physical verses here; but readers can open the Quran and verify the verse numbers I have provided above only to discover thatthese verses are the nucleus from which most of the above corporal punishments and practices of Sharia law have been originated. Please mind that, the verse #s I have cited here are only some examples and never exhaustive of the list. Quran is replete with harsh cruel belligerent verses for unbelievers and violators of Islamic Sharia law which very well be the real sources of Sharia justice. .
Hadith for corporal punishments of unbelievers and for sex offenders in Islam and who wedged war with Allah and Prophet (Samples only):
Hadith for stoning death: [Bukhari sahrif-vol.8, book-82, No. 817; or, Bukhari: Volume 7, Book 63, Number 196; Also please see hadiths No. 803 to 816 of the same book and volume of Bukhari.] Also please peruse myriads of sahih hadiths for punishments to unbelievers, sex offenders, and all kaffirs by clicking to the URL below:
CRCC: Center For Muslim-Jewish Engagement: Resources: Religious Texts
Please read here some
fatwas against Islamic apostates by the most famous Islamic scholar Mawlana Sayyid Abul Ala Mawdudi by clicking here:
]The Punishment of the Apostate According to Islamic Law
Gods laws are immutable hence can never be altered or amended by any means. That is why all those strict Sharia-based nations can be taken as the true examples of ancient Islamic nations ruled by Islamic caliphates.
Sharia law has been adopted in various forms by many countries, ranging from a strict interpretation in Saudi Arabia, Iran, and northern states of Nigeria, Sudan, al-Qaeda occupied Somalia, to a relatively liberal interpretation in much of Malaysia, Pakistan, Bahrain, Yemen and United Arab Emirates. In those strictly followed Sharia nations such as Saudi Arabiawomen are not allowed to drive, can not go out of home alone, remain under the guardianship of male relatives at all times, and must be completely covered in public. For long, women education was totally banned in Saudi Arabia, Iran, and many other Islamic nations.
Corporal punishments of Hudood law:
In all Sharia-based nationscriminal laws are practiced only by Sharia-justice. Quranic corporal punishments are known as Hudood laws. There are five Hudood crimes: unlawful sexual intercourse (sex outside of marriage and adultery), false accusation of unlawful sexual intercourse, wine drinking (sometimes extended to include all alcohol drinking), theft, and highway robbery. Punishments for Hudood offenses areflogging, stoning death, beheading, amputation, exile, or execution are routinely practiced in Saudi Arabia and Iran. Honor killings, murders committed in retaliation for bringing dishonor on ones family, are a worldwide problem among the Muslims only. UN estimates thousands of women are killed annually in the name of family honor (National Geographic). Other practices that are woven into the sharia debate, such as female genital mutilation, child-marriages, polygamy, and gender-inequality.
Shariah system of Blood Money!
Islamic Quran (from which Sharia was derived) copied (Plagiarized) draconian code of law from the ancient king Hammurabi King of Babylonia, Mesopotamia (2900 B.C). King Hammarubis revenge/compensation for killing was:
life for life, hand for hand, eye for eye, ears for ears, tooth for tooth and wounds equal for equal, and the Islamic Allahs Guidance of compensation in Quranic Ayat:
5:45 (Translation byYousuf Ali): life for life, hand for hand, eye for eye, ear for ear, tooth for tooth and wounds equal for equal. It was from this compensatory concept, the blood money was established in Sharia law. This draconian compensatory justice system is still practiced in Saudi Arabia (details were published in Wall Street Journal, April 9, 2002). Under this system, if a person has been killed or caused to die by another, the latter has to pay blood money or compensation, as follows:
100,000 riyals if the victim is a Muslim man
50,000 riyals if a Muslim woman
50,000 riyals if a Christian man
25,000 riyals if a Christian woman
6,666 riyals if a Hindu (or idolater) man
3,333 riyals if a Hindu (or idolater) woman
That is, a Muslim mans life is worth 33 times that of a Hindu woman!
Annaqed - Sharia Law and the US Constitution
Conclusion:
Muslims consider that Islamic Sharia is the Law of Allah (God) which is considered divine and immutable and can never be changed or amended by any means! Hence, Islamic Sharia is still clinging to the ancient 7th century barbaric justice system. Because of this fact, almost anywhere this Islamic Sharia is being established as the countrys ruling constitution, world can immediately witness exact face of despotic, barbarian, and totalitarian Islamic rule to all of the Islamic nations. Imposed Sharia law immediately becomes the true nightmare for the general public.
In the modern worldall the Islamically (Sharia-based) ruled nations such as Saudi Arabia, Iran, Talibani Afghanistan, Sudan, Northern part of Nigeria, Somalia, Yemen, and some other Arab nations are practicing the same Sharia law (mentioned above) with some minor variations country to country, but basics are the samethey all are ruling their nation by Allahs law. Also, Afghanistan, Pakistan, and some other Arab nations like Kuwait, Qatar, Abu Dhabi, Arab Emirate etc are practicing Sharia in variable status country to country. But, main preambles of Sharia law and their sources remain the same. Therefore, all those false claims by most Muslim scholars and Islamic apologists are plain lies and cheating (practicing Islamic Taqiyya) about the ugly face of Sharia-based modern nations such as Saudi Arabia, Iran, Sudan or SomaliaReferences:
1. Saudi Arabias constitution:
ICL - Saudi Arabia - Constitution
2.Book titled: Cruel and Usual Punishment; the terrifying global implications of Islamic Sharia law by Nonie Darwish .
3. Books for Sharia laws: Reliance of the Traveller, Sharia the Islamic Laws, Hedaya, and Maliks Muwatta.
4. Book: Stop Islamic Sharia Law: Hasan Mahmud (Director of Sharia law and former president of Muslim Canadian Congress).
5. Islam Sharia Law: A brief introduction:
Sharia law: A brief introduction
6. Islam: Governing Under Sharia (aka shariah, sharia): By Toni Jonson
Senior staff writer, Lauren Vriens (Updated: November 10, 2010).
Islam: Governing Under Sharia - Council on Foreign Relations
7. Sharia: Wikipedia:
Sharia - Wikipedia, the free encyclopedia
9. Reliance of Traveller; written by Healer_999 , January 06, 2011
*BOOK*The Reliance of the Traveller