Sharee'ah

Q. What is the “Sharee'ah”?

A. Sharee'ah refers to the Law of Allah as revealed by Him to humanity through His Prophet Muhammad, a law to be observed in every time and place as soon as any individual or group becomes Muslim. The divine sources of Sharee'ah are the Quran and the words and deeds of the Prophet (Sunnah). The objectives of the Sharee'ah are five: protecting life (in all its dimensions), safeguarding the family unit, defending and advancing the intellect (various forms of freedom), freedom of worship (matters of belief and rituals), and respect for ownership and proper consumption of property.

It should not be misunderstood that the Quran and Sunnah merely itemize legal commandments or prohibitions. In fact, most of the content of these divine sources is devoted to instilling faith (in Allah, His Prophets, angels, revealed Books, The Day of Judgment, and life Hereafter) as well as to teaching ethics and their implications in human conduct. Salient features of the lives of Prophets are made to represent ethical guidance.

Sharee'ah is implemented as a practical demonstration of faith, a virtue that resides in the heart. Morality is the basis and outcome of a genuine implementation of Sharee'ah. Although limited in number, legal rules presented in the Quran and Sunnah enunciate general principles that apply to the life of the individual, family affairs, social morality, and international harmony and advancement. It is for each society to rise to the challenge and introduce details within the general principles to make the Sharee'ah applicable to new situations.

Islamic scholars have, over the ages, developed a marvelous intellectual methodology to produce a suitable body of detailed rules to cope with changes and needs in different times and places. This represents the interaction between human intelligence and divine revelation. Muslims are instructed to use their intellect. The Sharee'ah is to be carried out within the range of human abilities. The Quran declares, “Allah does not burden any human being with more than one is well able to bear…” (2:286) “Allah does not want to impose any hardship on you, but wants to make you pure…” (5:6)

A rule that is not specifically propounded in the Quran and/or the Sunnah, but was derived as an application of the general principles is merely a guiding precedent and not a permanent compulsory part of the Sharee'ah. Any qualified Muslim individual or society may accept any rule thus derived as long as it is found to be relevant to prevailing circumstances.

It is grossly inaccurate to think that the Sharee'ah is restricted to the strictest implementation of a penal code, oblivious of other circumstances. The Quran and Sunnah specify only a few penalties, leaving details of punishment to the discretion of the civil authorities. It is not envisaged that penal rules be implemented while other parts of the Sharee'ah are not. The Sharee'ah inspires and guides the harmonious development of individual and collective human energies: spiritually, intellectually, and physically.
 

Q. Is democracy compatible with the Sharee'ah?

A. The essence of democracy is that the people identify their leaders and decide who govern their affairs. The essence of the Sharee'ah on this subject is that a leader cannot be imposed upon a people – not even in the matter of rituals. Prophet Muhammad is reported to have said: “The best of your leaders are those whom you love and who love you; whom you pray for and who pray for you. The worst of your leaders are those whom you hate and who hate you, and whom you curse and who curse you.”

However, the “ballot box” cannot be used to over-turn any clear decision provided by the Quran and/or the Sunnah. For example, it is not a matter of public opinion to legalize murder, prostitution, intoxicants (any form of it), or promiscuity.

 

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Beliefs
Who is Allah?
Why Adam sinless?
Muslims & "Godhead"
Jesus' virgin birth
Who was Muhammad?

Rituals
Prescribed rituals

  Sharee'ah
What is the Sharee'ah?
 Sharee'ah & democracy