scramble to pass legislation to outlaw Shariah, a hyped fear and
persistent confusion surrounds this loaded term. Most people who speak
passionately against Shariah do not, in reality, understand it and
often reduce it to merely a penal code. This introduction describes
the universal principles of Shariah and itsholistic approach. It
furtherhighlights misconceptions about Shariah in order to address the
concerns currently surrounding this topic.
Shariah is an integral part of Islam. It is often defined as 'Islamic
law,' causing one to assume that it consists mostly of criminal
rulings and penalties. However, Shariah encompasses much more than the
conventional understanding of law. While Shariah provides the legal
framework for the foundation and functioningof a society, it also
details moral, ethical, social and political codes of conduct for
Muslims at an individual and collective level.
Islam is a faith that every prophet sent by God preached to his
people, culminating in the message brought by the final prophet,
Muhammad, peace be upon him (pbuh), in the 7th century in Arabia.
Prophet Muhammad (pbuh) called people towards the belief in one God
and encouragedthem to be just and compassionate to one another. In
Islam's holy book, the Quran (also spelled 'Koran'), God explains that
he sent Muhammad (pbuh) as a source of mercy for humanity: "And We
have not sent you, [O Muhammad], except as a mercy to the worlds."
(21: 107)
His mandate for mercy is symbolic of the overall message of Islam. The
Quran states, "O mankind! There hath come to you a direction from your
Lord and a healing for the (diseases) in your hearts, and for those
who believe, a guidance and a Mercy." (10:57)
In the same spirit, the essence of Shariah is also characterized by
mercy andcompassion. The very purpose of Shariah is to facilitate the
individual andthe community to establisha relationship with God and
one another. Its rules and regulations are designed to benefit and
protect all members of the society. God declares in theQuran, "O you
who believe!Stand out firmly for justice,as witnesses to Allah, even
as against yourselves, or your parents, or your kin…"(4:135)
According to Ibn al-Qayyim(d. 1350), one of the great scholars, "The
Shariah in itsentirety is justice, mercy and benefit. So any issue
that leads from justice to injustice, or mercy to its opposite, or
benefit to harm, then it is not from the Shariah, even if someone
thought that it is."
Mercy and compassion are the essence of Shariah, which is designed to
protect all members of society and to improve the condition of
humanity. It isreported that the Prophet Muhammad (pbuh) said, "Show
mercy to those on earth, so that He who is in the Heavens (God) will
show mercy to you."
Shariah is an Arabic word that literally means a 'vast road leading to
an uninterrupted source of water.' Figuratively, it refers to a clear,
straight path, as mentioned in the following Quranic verse: "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." (45:18) Hence, Shariah is the practical guidance
Muslims live by. It is rooted in the divine teachings of Islam and
relates to all aspects oflife. Its collective aim is to facilitate
justice and benefit for humanity in thislife and the hereafter.
Shariah is derived from thescholarly study of Islamic texts. These
texts include the final revelation from God (Quran) and the recorded
teachings of Prophet Muhammad (Sunnah) which are timeless and of
divine origin. However, scholars derive specific rulings from the
revealed texts by usinghuman effort and interpretation, taking into
account the surrounding context. As such, Shariah relies on scholarly
consensus, legal analogy, and interpretive reasoning in deciding
rulings. Hence, there are areas of Shariah where the scholars
unanimously agree due to clearly defined evidence and areas where
disagreements exist. This flexibility enables Shariah to maintain its
applicabilityand relevance in the light of changing social,
cultural,and historical circumstances, while remaining faithful to the
guiding principles of Shariah and its core objectives.
Objectives of Shariah
To fulfill its intrinsic goal ofachieving benefit and justice, Shariah
sets forth certain timeless principles, which deal with the necessary,
supplementary, and voluntary realms of human lived experience.