What is real Islamic Shariah? Which country has implemented it?
What is Islamic Shariah.
Sharia(
Arabic:شريعة
šarīʿah,IPA:
[ʃaˈriːʕa], "
legislation"; sp.
shariah,
sharīʿah; to Arabic-speaking people, means the moral code and religious law of a prophetic religion. It is a traditional synonym to the literal meaning of Legislation; just like Xerox has become synonymous to photocopy.
In English usage, the term ‘sharia’ has been largely identified with Islam. Sharia deals with many topics addressed by secular law, including crime,politics, and economics, as well as personal matters such as sexual,hygiene,diet,prayer, everyday etiquette and fasting. Though interpretations of sharia vary between cultures, in its strictest definition it is considered the infallible law of God—as opposed to the human interpretation of the laws Fiqh. In simple words Shariah are the statutory laws and Fiqh is interpretation of those laws.
Thus it will not be incorrect to say that Shariah is a code of conduct, irrespective of the religion. Over the period of time it has become synonymous with Islamic code of conduct. Fact remains that Jesus Christ, Moses and all other prophets (PBUH) came with a code of conduct i.e. their Shariah.
Addressing the issue under discussion i.e. Shariah requirement of TTP and methodology to implement it. A Shairah compliant country is the one which can address issues of all religious groups according to their Shariah and not Islamic Shariah. A country where Christians are dealt with the laws of Bible, Jews according to the Laws of Moses and Hindus in line with their religious boundaries. Those, who assume that a Shariah compliant country is the one where Islamic laws are implemented and that too by force, are sadly mistaken in their assumption and are victim of misconception.
According to Islam there is no forcing in religion.
Let there be no compulsion in religion 2:256 (Sura e Baqara)
It is clear that there is no forcing in Islam. Thus, neither a forced conversion nor imposing ones own version on others is permissible in Islam. It is further supported by Sura e Kafiron, in it Allah addresses Holy Prophet PBUH
Say, "O disbelievers, I do not worship what you worship. Nor are you worshipers of what I worship. Nor will I be a worshiper of what you worship. Nor will you be worshipers of what I worship. For you is your religion, and for me is my religion." 109:01-109:06
Though these verses are specifically for non-believers, yet it gives an idea on the philosophy of Islam of live and let live.
So if they argue with you, say, "I have submitted myself to Allah [in Islam], and [so have] those who follow me." And say to those who were given the Scripture and [to] the unlearned, "Have you submitted yourselves?" And if they submit [in Islam], they are rightly guided; but if they turn away - then upon you is only the [duty of] notification. And Allah is Seeing of [His] servants. 3:20
Again, a message to Holy Prophet regarding those who did not pay attention to his call; but it is reflective of Islamic philosophy. Duty of Holy Prophet was only to deliver the message; it was not his duty to ensure implementation. If implementation was not his responsibility how can people of today’s era be made responsible for its implementation.
In following verse Allah has disallowed Holy Prophet to fight unless their opponent fight with them.
Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors. 2:190
This verse also clearly indicates that aggression against those who have not waged a war against you comes under the ambit of transgression. God has very clearly defined transgression at multiple places in Holy Quran E.g.
O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors. 5:87
And We had certainly given Moses the Scripture, but it came under disagreement. And if not for a word that preceded from your Lord, it would have been judged between them. And indeed they are, concerning the Qur'an, in disquieting doubt. 11:110
And indeed, each [of the believers and disbelievers] - your Lord will fully compensate them for their deeds. Indeed, He is Acquainted with what they do. 11:111
So remain on a right course as you have been commanded, [you] and those who have turned back with you [to Allah ], and do not transgress. Indeed, He is Seeing of what you do. 11:112
In above verse he has not order the prophet to fight but to maintain his righteousness, it will be God himself who is watching all and take appropriate action.
God has not only defined transgression thoroughly in the holy book but has prescribed penalty for it as well.
And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment. 4:14
Allah has not permitted anyone to take law in his own hands and kept prerogative of taking action against those who do not submit to his command, to himself. Thus it is very clear that those who want to implement their version of Shariah forcibly are transgressors. For those transgressors who fight - Islam is very clear.
Fight them until there is no [more] fitnah and [until] worship is [acknowledged to be] for Allah . But if they cease, then there is to be no aggression except against the oppressors. 2:193