Understanding Sharia, Sharia-ism and its Impact

 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.