INVESTIGATING ISLAM

Understanding Shariah

The Divine Blueprint for Life in Islam

Introduction: What is Shariah?

Shariah is an Arabic term that means "the clear, well-trodden path to water." In the context of Islam, Shariah is the divine law revealed by Allah, providing a comprehensive framework for all aspects of a Muslim’s life. Shariah governs not only legal matters but also ethical conduct, personal behavior, religious practices, social interactions, and spirituality. It is considered the ultimate guide for human conduct, ensuring that all actions align with the will of Allah.

Qur’an 45:18:

"Then We put you on a clear path (Shariah) in the matter [of religion]; so follow it and do not follow the desires of those who do not know."

Shariah is not a single, rigid code but a dynamic system derived from multiple sources and interpreted by Islamic scholars through a process known as Fiqh (Islamic jurisprudence). This post explores the sources of Shariah, the methodology of its derivation, the different schools of Islamic thought that interpret it, and how Shariah is applied in the modern world.

1. The Primary Sources of Shariah

A. The Qur’an: The Ultimate Source

The Qur’an is the highest and most authoritative source of Shariah.
It is considered the literal word of Allah, revealed to the Prophet Muhammad over 23 years.
The Qur’an provides both specific legal rulings and general ethical principles.
Key legal topics addressed in the Qur’an include:
- Worship (Ibadah): Prayer (Salah), fasting (Sawm), charity (Zakat), and pilgrimage (Hajj).
- Family Law: Marriage, divorce, inheritance, and custody.
- Criminal Law: Punishments for theft, adultery, and false accusations.
- Contracts and Business: Rules of trade, lending, and honest conduct.

Examples of Legal Verses in the Qur’an:

Criminal Punishment (Hudud):
- Qur’an 5:38:
  
  "As for the thief, the male and the female, amputate their hands as a punishment from Allah for what they committed."
Inheritance Law:
- Qur’an 4:11:
  
  "Allah instructs you concerning your children: for the male, what is equal to the share of two females..."
Family Law:
- Qur’an 4:34:
  
  "Men are the protectors and maintainers of women, because Allah has given one more [strength] than the other..."

B. The Sunnah (Hadith): The Practical Explanation of the Qur’an

The Sunnah is the second most important source of Shariah, consisting of the sayings, actions, and approvals of the Prophet Muhammad.
The Sunnah explains, clarifies, and provides practical examples of how to implement the teachings of the Qur’an.
It is preserved in the collections of Hadith, which are rigorously authenticated through a science known as Ilm al-Hadith (Science of Hadith).

Examples of Shariah Derived from Hadith:

Prayer (Salah):
- The Qur’an commands Muslims to pray but does not specify the method. The Sunnah provides the details, including the number of daily prayers (five) and their method.
- Sahih Bukhari 631:
  
  "Pray as you have seen me praying."
Fasting (Sawm):
- The Qur’an commands fasting in Ramadan, but the Sunnah explains the rules of fasting, what invalidates it, and the pre-dawn meal (Suhoor).
- Sahih Muslim 2565:
  
  "Eat Suhoor, for in it there is blessing."
Zakat (Charity):
- The Qur’an mandates charity, but the Sunnah specifies the eligible categories of recipients.
- Sahih Bukhari 1395:
  
  "Zakat is to be taken from the rich and given to the poor."

2. The Secondary Sources of Shariah

A. Ijma (Consensus of Scholars)

Ijma is the consensus of qualified Islamic scholars on a particular legal issue.
It is based on the hadith of the Prophet Muhammad:
- Sunan al-Tirmidhi 2167:
  
  "My Ummah will never agree upon misguidance."
Ijma ensures that Islamic law remains consistent and avoids individual interpretations that deviate from the teachings of Islam.
Examples of Ijma in Islamic law:
- The agreement on the method of performing Salah (prayer).
- The standardization of the Qur’anic text during the Caliphate of Uthman ibn Affan.

B. Qiyas (Analogical Reasoning)

Qiyas is the process of applying a known ruling from the Qur’an or Sunnah to a new situation based on logical analogy.
It is used when there is no direct text in the Qur’an or Hadith addressing a specific issue.
Example of Qiyas:
- Alcohol is forbidden in Islam because it is intoxicating (Qur’an 5:90).
- By analogy, other intoxicants (such as narcotic drugs) are also forbidden.

C. Urf (Custom)

Urf refers to the accepted customs and traditions of a community, provided they do not contradict the Qur’an or Sunnah.
It allows Shariah to be adapted to different cultural contexts.
Example of Urf:
- The dowry (Mahr) given in marriage may vary based on local customs, as long as it is agreed upon by both parties.

3. The Derivation of Shariah: The Process of Fiqh

A. What is Fiqh?

Fiqh is Islamic jurisprudence — the process of understanding, interpreting, and applying Shariah.
Fiqh is the human effort to derive legal rulings from the sources of Shariah.
It is not infallible and can vary between scholars and schools of thought.

B. The Four Main Schools of Sunni Fiqh

Hanafi School: Founded by Imam Abu Hanifa. Emphasizes reason and analogy.
Maliki School: Founded by Imam Malik ibn Anas. Values the practice of Medina.
Shafi'i School: Founded by Imam Al-Shafi'i. Prioritizes Qur’an, Sunnah, Ijma, and Qiyas.
Hanbali School: Founded by Imam Ahmad ibn Hanbal. Strict adherence to Qur’an and Sunnah.

C. Shia Fiqh: The Ja'fari School

The Ja'fari School, followed by Shia Muslims, is based on the teachings of the Twelve Imams, especially Imam Ja'far al-Sadiq.
It recognizes the Qur’an, Sunnah, Ijma, and Aql (reason) as sources of Shariah.

4. Application of Shariah in Modern Muslim-Majority Countries

A. Variations in Application

Shariah is applied differently depending on the country:
- Saudi Arabia: Strictly follows the Hanbali School.
- Iran: Follows Ja'fari (Shia) Shariah.
- Pakistan: A mix of Shariah and secular law, following the Hanafi School.
- Egypt: Shariah is a source of legislation but applied within a modern legal framework.

B. Areas of Application

Personal Status Law: Marriage, Divorce, Inheritance.
Criminal Law: Hudud punishments, Qisas (retribution), Ta'zir (discretionary punishments).
Business and Finance: Islamic Banking, Prohibition of Interest (Riba), Halal trade.

C. Shariah Courts and Modern Legal Systems

In some countries, Shariah is applied through separate Shariah courts.
In others, Shariah principles are integrated into a unified legal system.

5. Conclusion: The Dynamic and Comprehensive Nature of Shariah

Shariah is a divine blueprint for life, encompassing not only legal matters but also ethical, social, and spiritual aspects.
It is derived from the Qur’an, Sunnah, Ijma, Qiyas, and Urf, ensuring both divine guidance and adaptability.
The diversity of Islamic schools of thought (Hanafi, Maliki, Shafi'i, Hanbali, and Ja'fari) demonstrates the depth and complexity of Islamic jurisprudence.
Shariah’s application varies in modern Muslim-majority countries, reflecting a balance between traditional principles and contemporary legal frameworks.