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12/05/2006

‘Sharia Law’

The term ‘Sharia’ refers to the body of Islamic law. It is established as the legal framework within which public and private aspects of life are regulated for the citizens living in legal system based on Muslim ideology. Sharia law includes many aspects of day-to-day life including economics, banking, politics, business, contract, sexuality and related social issues. In countries, where Islam dominates in the political atmosphere, the Sharia law plays an important role in the domestic judicial fields such as family and inheritance; and in many cases it the political strength that forces the Muslim population to endeavor the Sharia law apart then their believe towards such system.

Sharia is primarily meant for all Muslims, but applies to a certain extent also for people living inside a Muslim society. Muslims however are not bound by the Sharia when they live or travel outside the Muslim world. Human right activists (including the European Court of Human Rights) consider the punishments prescribed by Sharia law as being barbaric and cruel. They also indicate that Sharia law is biased towards male population and females are deprived from many aspects of life in this system.

Sharia Law becomes ‘somewhat obligatory’ for the Muslim world simply because the primary sources of Sharia are the Qur'an and Sunnah. The other source of Sharia law remains the Ijmas; which are the rules developed on the basis of debate and subsequent consensus among religious scholars and the Muslim community as a whole. The process of constructing Sharia, however, evolved through time and through the efforts of Muslims around the world. Muslim scholars in the first two centuries of Islamic emergence had their due contribution in forming this as well. Muslims also imply qiyas, a kind of reasoning that uses analogies to apply precedents established by the holy texts is some cases. No confusion should arise in mind whether Sharia is compulsory or not; as there are fine lines between what needs to be done as a Muslim and the laws that are implemented by the Sharia. Implement of qiyas also draws the line between Qur’an’s instructions and reasoning current situation in hand. Had governance by a Sharia based state been compulsory in Islam, clear instruction by the Qura'n and by the Prophet must have been there. The Prophet never instructed such system as compulsory; not even in his sermon during the last Hajj. Traces of many non-Muslim juridical systems, such as Old Arab Bedouin law, commercial law from Mecca, agrarian law from Madina, Roman law and Jewish law are present n the Sharia law which makes it well diversified but not compulsory.

The historical pattern of Islam indicates that when a nation gains a sufficiently large Muslim population, it begins to agitate for Sharia law to be implemented. Implementation of Sharia law is deferent is deferent societies / countries; popularity varies with this notion as well. Most Muslim countries included traditional Sharia law into their legal codes, especially in personal-status law, which governs marriage, divorce, and inheritance. In other areas of the law, such as the criminal code, most Islamic nations have attempted to limit the application of traditional Sharia law, replacing it either with secular legislation or with laws characterized as modern interpretations of Sharia. Iran and Saudi Arabia are exceptions to this who claim to fully implement Sharia in all areas of the law. Some Islamic nations such as Jordan, Kuwait, Pakistan and Yemen also have certain criminal laws which reflect traditional Islamic practices. Several countries with large Muslim populations, including Indonesia and Bangladesh have secular constitutions and laws, with only a few Islamic provisions in family law. Islamic banking and finance (largely based on Sharia law) however is rapidly expanding in Muslim world along with some of the stable economies around the world including Germany and Hong Kong. Financial brains are creating an industry that seeks to harmonize modern business practices and traditional Sharia norms. This system seems to be working fine and getting popular with the help of globalization.

Traditional Sharia law should not act as a copycat of the past and must be imposed with necessary updating. Once updated, Sharia might be very similar to existing laws of secular democratic countries.


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