In this article
, we synthesise information from various sources
to provide a comprehensive overview of Sharia law , the concept of
"Sharia-ism ," and their implications , particularly concerning human
rights , women's rights , and modern legal systems.
I. Defining Sharia and Sharia-ism: A Contested
Landscape
The sources reveal a significant debate surrounding
the definition and nature of Sharia , distinguishing it from "Sharia-ism
," a term used to describe a political movement.
· Sharia
as Moral Guidance vs. State Law:
· The
Quran uses "Sharia" only three times , meaning "moral code"
or "ethical guidance." Its literal meaning is "the path created
on the sand by animals to go to flowing water" , symbolizing " life ,
salvation."Hasan Mahmud , the
author of , "How
Sharia-Ism Hijacked Islam" , argues that "transforming spiritual
'moral guidance' to political 'State law' was a major betrayal that the Quran
suffered."
· The
Council on Foreign Relations (CFR) notes that "Muslims believe sharia
refers to the perfect , immutable values given by God , while Islamic laws are
those based on interpretations of sharia."
· Abdullahi
An-Na’im argues that "Sharia cannot be the state
law of any state... Since the enforcement of Sharia through state institutions
negates its [Sharia’s] religious nature , the outcome will always be secular ,
not religious." He believes Sharia's religious authority "exists only
outside the framework of the state ," requiring voluntary individual
compliance with pious intent.
· Sharia-ism
as a Political Movement
· Some
scholars define "Sharia-ism" as "Radical Islam , which is
nothing but a political movement to control the world in the name of
divinity." They assert that "transforming the meaning of the Quranic
word 'Sharia' from spiritual 'Moral Guidance' to political 'State-law' was a
major betrayal of the Quran."
· They
also state that "while it is true that not all Sharia supporters are
terrorists , almost all Muslim terrorists are Sharia supporters and cite Sharia
justification for their violent acts."
· The
definition of "Muslim" itself is contentious , with a 1953 Pakistani
commission failing to achieve consensus among scholars.
II. Sources and Interpretations of Sharia Law
Traditional Islamic jurisprudence identifies
several sources for Sharia , leading to diverse interpretations and schools of
thought.
· Primary
Sources:
T
The Holy Quran: Considered the most sacred
source , though its verses for social rulings and crime-punishments are few.
The Quran is seen as a book of "knowledge , Light (guidance , Noor )
and reminder (Zikr)" but never defines itself as a book of
law" (Hasan Mahmud). Some Quranic verses were later restricted or
abolished by "later" revelations (Wikipedia).
· Sunnah
(Hadith): Authentic sayings and actions of the Prophet
Muhammad (SAW). However , Hasan Mahmud claims a "vast swath of 'Prophet’s
examples' (Hadith) were fabricated to create and legitimise the fabricated
Islam." He notes that "early Imams compiled 2.3 million Hadiths and
discarded over 98% as fake , yet many " meaningless , violent and unjust
fabricated Hadiths remain".
· Secondary
Sources
Ij Ijma
(Consensus): Traditionally , a consensus of all competent
jurists , though practically difficult to achieve. It accounts for less than 1%
of classical jurisprudence (Wikipedia). Hasan Mahmud calls "consensus
about Sharia law... only an oxymoron."
· Qiyas
(Analogical Reasoning): Used to derive rulings for
situations not directly addressed in scripture by analogy with existing rules
(Wikipedia).
· Other
Sources
I Istihsan (juristic
preference) , al-maslaha (social benefit) , Istidlal (seeking
guidance) , Urf (customs and practices) , Istislah (to
deem proper) , and insertions by "known and unknown clergies" .
· Schools
of Law (Madhhabs): Five major schools exist
(Hanafi , Maliki , Shafi'i , Hanbali for Sunni; Jaʽfari for Shia) ,
each with distinct interpretive methodologies and geographical dominance. These
schools recognise each other's validity but often differ on specific rulings
(CFR , Wikipedia).
III. Sharia and Human Rights: Key Areas of Conflict
The sources highlight significant tension between
certain interpretations of Sharia law and universal human rights , particularly
concerning women and non-Muslims.
· Women's
Rights:Leadership
Some interpretations
of Islam forbid women from being heads of state , citing fabricated Hadiths.
Hasan Mahmud and Samina Ameen refute this , pointing to numerous Muslim
sovereign queens in history and arguing the Hadith is fallacious. Despite women
holding leadership positions in some Muslim countries , societal treatment of
women at home often lags , with domestic violence and rape prevalent (Hasan
Mahmud , Samina Ameen).
· Divorce
(Triple Talaq): Sharia law often allows instant divorce by
husbands ("triple talaq") , which is described as
"anti-Islamic" by Hasan Mahmud for violating Quranic instructions and
Prophet's examples , and for "insulting and ruining Muslim women." It
can leave women without maintenance and requires a complicated process
(infamous Halala) for remarriage to the ex-husband.
· Rape
and Witness Testimony: Sharia law often considers
rape as Zina (adultery) and , problematically , requires four
adult Muslim male witnesses for proof in Hudood cases , or a confession.
Women's testimony is rejected in these cases "on account of their weakness
of understanding; weak memory and incapacity of governing" . This can lead
to rape victims being punished.
· Polygamy: Justifications
for polygamy (e.g. , gender ratio , wife's inability to bear children) are
deemed "entirely fallacious" by Hasan Mahmud. He argues that the
Quranic verses permitting polygamy (specifically An-Nisa 2-6) refer strictly to
vulnerable orphan girls , not women in general , and that the Prophet himself
objected to Hazrat Ali taking a second wife while Hazrat Fatima was his wife.
· Domestic
Violence: While the Quran (4:34) has been interpreted
by some to condone wife-beating as a "last resort" (e.g. , Yusuf
al-Qaradawi) , Hasan Mahmud argues that the word "Daraba" (often
translated as "to beat") has other meanings like "to go
out" (divorce). He notes the Prophet never beat his wives and emphasises
that forced obedience to husbands is unacceptable.
· Female
Genital Mutilation (FGM): Though not mentioned in the
Quran , FGM is supported by at least four Sharia laws and six "Sahih
Hadiths" and is believed by many Muslims to be an Islamic requirement
(Hasan Mahmud). It's a "horrific violence against Muslim women."
· Dress
Code: Sharia laws recommend specific head coverings
and full-length outer garments for women , with a majority of scholars
believing it is unlawful for women to leave the house with faces unveiled.
· Non-Muslims
and Apostasy:(Killing of Apostates) All five major
schools of Sharia law stipulate the death sentence for apostates (except life
imprisonment for female apostates in Hanafi law) , which violates human rights
(Hasan Mahmud , Wikipedia). The Quran , however , keeps "the door of
return open to apostates."
· Discrimination: The
"Omar's Pact ," a debated historical document , outlines conditions
for non-Muslims living in a Sharia state , including restrictions on religious
manifestation , resembling Muslims , and holding administrative positions.
Sharia law also dictates that "no Muslim should be killed for killing an
unbeliever" and assigns different "blood values" for Muslim men
, women , Christians , Jews , and pagans (Hasan Mahmud , Wikipedia).
· Jizya
Tax: A tax for non-Muslims in an Islamic state.
· Other
Controversial Laws: Sharia laws can also include public
beheadings for intentional murder (though forgiveness is encouraged in the
Quran) , slavery , and other forms of violence.
IV. Sharia in Modern Legal Systems and Political
Movements
The application of Sharia varies widely in modern
states , with growing calls for its full implementation by Islamist movements.
· Secular
vs. Sharia Law:Many Muslim-majority countries have laws
referencing Sharia , but their interpretation and application differ greatly.
Most retain Sharia rules mainly in family law , while only about a dozen apply
it to criminal law (CFR , Wikipedia).
· Constitutionalism
, universally understood , requires representation and accountability for all
citizens , precluding exclusion based on gender or religious beliefs
(An-Na'im). This conflicts with the idea of internal hegemony justified by
religion.
· "Invisible
Global Islamic Superstate":Hasan Mahmud
describes an "invisible Global Islamic Superstate" operating through
"Fatwa-factories" on the internet , issuing "Islamic legal
opinions" (Fatwas) that Muslims apply in their lives , often transcending
and even breaking local laws.
· The
European Council for Fatwa and Research (ECFR) , chaired by Yusuf al-Qaradawi ,
is influential in Europe , advocating for Sharia as superior to civil law and
democracy , and issuing fatwas that clash with Western values (Hasan Mahmud).
· The
Blueprint for Sharia Courts in the West:Inspired by the
now-banned Canadian Sharia court (1991-2005) , plans for "legally
protected Sharia courts in the US" were made as early as 1993 (Hasan
Mahmud).
· The
Canadian court , "Darul Qada ," claimed a Muslim would cease to be
Muslim if they sought justice in Canadian courts instead of Sharia courts ,
which Hasan Mahmud labels "sheer blackmailing." This court was
abolished due to strong protests from Muslim organizations.
· However
, the UK had at least 85 functioning Sharia courts as of 2015 , operating under
legal protection (Hasan Mahmud).
· Abdullahi
An-Na’im argues that attempts to accommodate Sharia in Western legal systems
are a "mirage" because state law ultimately determines its relevance
, and legal professionals often lack Sharia expertise. He advocates for
Muslims to influence state law through "civic reason" and
"engaged citizenship."
· Islamization
Movements:The late 20th century saw an "Islamic
revival" with political campaigns demanding full Sharia implementation ,
driven by failures of secular regimes and a desire for "culturally
authentic forms of socio-political organization" (Wikipedia).
· These
movements have led to constitutional amendments (e.g. , Egypt , Syria) and the
incorporation of Hudud rules in criminal justice systems (e.g. , Iran ,
Pakistan , Sudan). However , actual implementation of severe punishments is
often symbolic or rare due to international backlash (Wikipedia).
· Islamization
can curtail the rights of women and religious minorities.
· Diversity
of Views:Surveys indicate a majority of Muslims in many
countries support making Sharia the law , particularly for family and property
disputes. However , fewer support severe punishments , and interpretations vary
widely. Most do not believe Sharia should apply to non-Muslims (Wikipedia).
· Progressive
Muslim scholars and movements , like "Muslims Facing Tomorrow" (MFT)
, actively campaign against "radical Islam" and inhumane
interpretations of Sharia laws , promoting education and awareness based on
human rights , gender equality , and rational interpretation of Islamic
scriptures. MFT believes in distinguishing between Islam as a faith tradition
and Sharia as a "time bound humanly constructed legal-political"
system.
V. Efforts for Reform and Counter-Mechanisms
There is a growing movement , especially among
progressive Muslims , to challenge and reform existing Sharia laws.
· Rethinking
Sharia's Origin and Interpretation:Hasan Mahmud's book
, "How Sharia-Ism Hijacked Islam ," aims to expose the
"theological mechanism of Sharia-ism—a political movement in the name of
divinity" and provides a "theological counter-mechanism from the same
Islamic sources."
· He
highlights that the Quran defines itself as a "message supreme ," a
"message to all the worlds ," an "admonition ," and a
"book of Knowledge , Guidance and Reminder for Humanity" but
not a book of law.
· Prophets
are consistently defined in the Quran as "preachers ," not political
rulers.
· Historical
Context and Evolution of Laws:Social laws must
evolve with society to maintain core values , as exemplified by changes in
Quranic dictums and Prophet's instructions based on context
("Nashkh") (Hasan Mahmud).
· Historically
, many penal Sharia laws were abolished in various countries before recent
revivals. Documents show Sharia courts not always enforcing death sentences for
apostasy (Hasan Mahmud).
· Muslim
rulers , like the Mughals in India , often did not fully implement Sharia penal
laws , and some even separated religion and state (Hasan Mahmud).
· Role
of Education and Awareness:Samina Ameen and Hasan Mahmud
emphasize "education and awareness" to teach society about gender
equality and combat harmful misinterpretations.
· Hasan
Mahmud creates romantic movies infused with unbiased references from the Quran
and Hadiths to reach a wider audience and encourage them to form their own
opinions.
· Progressive
Victories and Ongoing Struggles:The elimination of
the Canadian Sharia court in 2005 demonstrates that "human rights
won" through the efforts of Muslim organizations (Hasan Mahmud).
· Many
Muslim countries are slowly eliminating un-Islamic misinterpretations of Sharia
laws like instant divorce , killing apostates , and not accepting women's
leadership (Hasan Mahmud). Egypt has taken the lead in giving women the right
to divorce.
· The
Turkish government is working to identify and remove "fake Hadiths"
from "Sahih Hadiths" to dismantle the theological basis of oppressive
Sharia laws (Hasan Mahmud).
· Organizations
like MFT are committed to promoting "individual freedom , gender equality
, human rights , freedom of conscience , free speech , science , and
democracy" within an Islamic framework.
In conclusion , the sources
underscore a fundamental divergence in understanding Sharia: as a divinely inspired
moral guide for individual believers versus a political system of state law.
This divergence fuels ongoing debates and struggles , particularly concerning
human rights and gender equality , with progressive Muslim voices actively
seeking to reclaim and reinterpret Islamic principles in a modern , inclusive
context.
Glossary of Key Terms
· Sharia: (Quranic
interpretation) Moral code , ethical guidance; literally "the path created
on the sand by animals to go to flowing water ," signifying spiritual
salvation and guidance.
· Sharia-ism: A
political movement that aims to establish an "Islamic State" by
transforming the spiritual meaning of Sharia into a rigid , enforced state law
, often leading to radical interpretations.
· Sharia-ist: A
Muslim who believes in the political interpretation of Islam and strives to
establish an "Islamic State" based on a particular interpretation of
Sharia law.
· · Quran: The
holy book of Islam , believed by Muslims to be the word of God. The sources
emphasize its role as a book of moral guidance and admonition , not primarily a
book of state law.
· Hadith: Recorded
compilations of the sayings , actions , and approvals of the Prophet Muhammad
(SAW) , serving as a secondary source of Islamic law after the Quran. The
sources discuss the issue of fabricated Hadith.
· Sunnah: The
practices , teachings , and examples of the Prophet Muhammad(SAW) , often
derived from Hadith.
· Fiqh: Islamic
jurisprudence; the human interpretation and understanding of Sharia , leading
to the development of Islamic laws.
· Madhhab
(Schools of Law): Schools of Islamic jurisprudence that
developed different methodologies for interpreting Islamic law. The main Sunni
schools are Hanafi , Maliki , Shafi'i , and Hanbali; the main Shia school is
Ja'fari.
· Ijma
(Consensus): A traditional source of Islamic law referring
to the consensus of Muslim scholars or the community on a particular legal
issue. The practical difficulty of achieving universal consensus is noted.
· Qiyas
(Analogical Reasoning): A method of deriving legal
rulings for new situations by analogy with existing scriptural rules , based on
shared underlying causes.
· Fatwa: A
non-binding legal opinion or ruling issued by an Islamic scholar (mufti) in
response to a question , typically advisory in Sunni Islam but obligatory in
Shiite Islam.
· Hudood: A
category of criminal offenses in Sharia law that carry fixed , divinely
ordained punishments (e.g. , theft , adultery , apostasy).
· Diyat
(Blood Money): Monetary compensation paid to the victim or
their family for bodily harm or unintentional killing , often applicable in
Hudood and Qisas cases.
· Qisas
(Retaliation): The principle of "eye for an eye"
in Sharia law , allowing for reciprocal punishment for intentional injury or
death , though forgiveness or Diyath is often encouraged.
· Tazir: A
category of offenses in Sharia law for which punishments are not fixed by
divine texts but are left to the discretion of the judge or political
authority.
· Apostasy
(Murtad): The abandonment or renunciation of Islam by a
Muslim. Sharia law traditionally prescribes the death penalty for this , but
the Quran and human rights principles are cited as opposing this.
· Triple
Talaq: A practice in some interpretations of Sharia
allowing a Muslim man to divorce his wife by uttering the word "talaq"
(divorce) three times , often instantaneously. Critics argue it is
anti-Islamic.
· Female
Genital Mutilation (FGM): Procedures involving the
partial or total removal of external female genitalia for non-medical reasons ,
recognised as a human rights violation and debated as a cultural practice
falsely linked to Islam.
· Omar's
Pact: A historical document , debated in its
authenticity , outlining discriminatory conditions and restrictions for
non-Muslims living under Muslim rule in an "Islamic state."
· Jizya: A
per capita tax historically levied on non-Muslim citizens (dhimmis) residing in
lands governed by Islamic law , in exchange for protection and exemption from
military service.
· Ijtihad
(Independent Reasoning): The process of independent
reasoning and interpretation of Islamic legal sources by a qualified jurist to
derive new rulings or adapt existing ones to changing circumstances.
· Taqlid
(Conformity): The practice of following the legal opinions
and interpretations of earlier , established Islamic scholars or schools of
thought , rather than engaging in independent reasoning (ijtihad).
· Civic
Reason: A concept promoting public policy and
legislation based on reasoning that can be accepted or rejected by the
generality of citizens , independent of categorical religious mandates , to
ensure inclusivity and constitutionalism.
· Darul
Qada: A "house of justice" or Sharia
court , as established in Canada , aiming to mediate family and business issues
based on Sharia law.
· Muslims
Facing Tomorrow (MFT): An organization working to
counter radical Islam and promote a progressive , non-violent interpretation of
Islam , active in initiatives like "Radical Free Villages."
· Constitutionalism: A
system of government that limits the powers of those in control of the state ,
ensuring that the views and interests of all citizens are served through
processes of representation and accountability.
· Secular
Law: Law enacted and enforced by state
institutions , which , according to An-Na'im , all state-enforced laws become ,
regardless of their religious origin , due to the state's coercive nature.