What Is Shariah ?
Category : Family Law – II
What Is Shariah ?
1. Shariah is a complete code of Islamic law which belongs to the rights and duties of muslim. It regulates the life of the people.
2. It is not a list of rules but rather a set of principles on aspects of life, including marriage, divorce, finance and rituals such as fasting and prayer.
3. The word “Sharia” literally means “clear path to be followed”
4. Islamic scholars interpret Shariah in different ways, and Muslims around the world vary in their practice of it.
5. The Islamic Shariah derived from 4 sources:
As you can see, the Shariah comes strictly from the Quran and Sunnah. That is, it comes from Allah and His Messenger Therefore, the Shariah does not change. Whatever Allah and and His Messenger have made permissible according to the Shariah will always be permissible. And whatever they have made forbidden will always be forbidden.
Allah has made polygamy and acceptable form of marriage in Islam. So it will always be permissible and no one can change that. For anyone to say we must forbid polygamy because it is outdated and abuses women is wrong. And any Muslim who espouses this view is being sinful.
Conversely, Allah has made Riba (interest) forbidden. So it will always be forbidden and no one can change that. For anyone to make it permissible because it is accepted in modern finance is wrong. And any Muslim who espouses this view is being sinful.
The purpose of the Shariah is to protect five important aspects of Islamic society:
- To protect the religion – Examples are the punishment for Ridda (leaving Islam) and the prohibition on Muslim woman marrying non-Muslim men.
- To protect individual dignity – Examples are the establishment of Zakah (charity) and the prohibition of Riba (interest and usury).
- To protect life – Examples are the punishment for murder, the establishment of Qisas (retribution for murder), and prohibition of suicide.
- To protect the family – Examples are rules of marriage, prohibition of fornication and homosexuality, and the punishment for adultery and extra-marital sex.
- To protect property – Examples are the punishment for theft, and the rules of Islamic business.