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What is Sharia Law?

Sharia Law is hard to define because it’s not merely a specific body of laws, nor is it merely a list of things that are prohibited or required of a society.  It’s more of a methodology.   It’s basically a way of arriving at decisions on how to live life by studying religious texts to determine divine will. Sharia law is also not just a legal system…it’s also a moral system, a structure for living life as a devout Muslim.

What is Sharia Law?  For Muslims who are devout, living life according to the divine will is the basis for existence.  Sharia law is the anchor for society for devout Muslims and it’s based on several factors in a complex web of history, religious texts, interpretation, modern influence, scholars, community, custom, public interest, regionalism and the conduct of the Prophet Mohamed.

Sharia law is flexible and like many systems based on analyzing ancient texts, subject to various interpretations. Jurists are the people who study Sharia law and come up with the specifics on how to conduct life in modern society.

Jurists look at the following to determine divine will for Sharia law:

  1. the Quran (the Muslim holy scripture)
  2. the Sunna (the sayings and behavior of the Prophet Mohammed)
  3. consensus of the jurists, scholars & community
  4. reasoning by analogy to the above sources
  5. preferences of the jurists, public interest, and custom

 

 

14 Comments

  1. Charles Dennis wrote:

    Are the words “mercy” or “forgiveness” used anywhere in sharia law?

    Sunday, July 15, 2012 at 3:14 pm | Permalink
  2. Sharia Law has no place in the American courts. Sharia law is a set of laws for the Muslim people, but only in their own homes. The American Constitution is the law of the United States, Muslims come here they should not for their Sharia law on us as Americans. There are more then Muslims that live here, there are many other Religions, that were here before the Muslims. Some people in Washington better get their thinking straight, we are a land of our own laws, we do not need Muslims to come here and poke their Sharia law down our throats. We have our own Constitution and our own Religions.

    Thursday, August 9, 2012 at 5:01 pm | Permalink
  3. gakster wrote:

    As far as I am concerned, from everything I have seen and heard about it, Sharia “law” (that makes it sound far too legitimate) as it is practiced is the law of hell, and those who force it on others are demons in the service of Satan on this earth.

    Thursday, August 16, 2012 at 10:28 pm | Permalink
  4. gakster wrote:

    And when you examine it to see if it is “moderate” enough, remember that you do so all the while upholding a set of laws that advocates killing people just because they do not believe in the same god that you believe in. If such is God’s law, I would rather live in hell for all eternity.

    Thursday, August 16, 2012 at 10:31 pm | Permalink
  5. diane wrote:

    You are still being reactionaries with a closed mind even after reading all this! Why dont you Goggle Shria Law and see exactly how it is or can be used in our Courts. There are cases sited where it is incorporate, not dominate with previous contract. There is NBC article, Wallstreet Journal ARtical, NY Times articles and more. Know what you are talking about, educate yourself, go to the source before you start spewing your emotions only. Use the brain also so you actually know what you are talking about.

    Monday, August 20, 2012 at 1:51 am | Permalink
  6. SSB wrote:

    Often times Sharia law is confused with the local law, traditional customs, or practices of uneducated people who think they are observing sharia law. Sure there are harsh punishments in the sharia law but only after rigorous trials and testimonies of sufficient witnesses is the necessary judgement ever passed. The extreme punishments are barely ever carried out. Anyhow Diane is right, everyone should research and check their facts before speaking against something they don’t understand or are unaware of.

    Friday, September 14, 2012 at 3:41 pm | Permalink
  7. Searching wrote:

    I have been studying several different religions over the past few years searching for a better understanding of people and cultures. I have a firm belief that you should never mock a persons culture because you do not understand it but you should also accept its laws and rules if you venture into that culture. I have noticed that many people of the Islamic faith say the religion teaches peace and understanding of others but why don’t these people denounce violent acts by the radical sects who kill innocent people for something someone else did? I am specifically referring to the attacks on the US embassies. Yes, the youtube video was a horrid display of a persons dislike for Islam and I don’t condone what this video says but why be angry at a country and kill innocent people over it? I know it is complicated because a lot of people don’t understand the US’s right to free speech even if that speech is hateful and disgraceful. Peace be with you all.

    Friday, September 14, 2012 at 7:14 pm | Permalink
  8. stephanie wrote:

    WE have the Bible which leads us to the Constitution of The US Of America…We have fought to uphold our democracy, not communism … Jesus, Help our country and our leaders to see how they are disposing our freedom . You are the only True God the God of Abraham, Isaac and Jacob. Lord forgive us!

    Saturday, September 15, 2012 at 6:46 pm | Permalink
  9. Geoffrey wrote:

    Sharia law it seems, is based on the premise that the law emanates from a divine being; the judge have to divine (pun intended) what the is the will of the divine in a particular case. Interesting philosophical concept, but the practicality of Sharia means that in Islamic countries women are stoned to death for allegedly having committed adultery. Sharia (and any other religious code of law) should not have any standing in Western society. The imperfections in our law I suggest, would turn out to be minor in comparison with the imperfections in Sharia. A small example, Sharia, it seems is prescriptive regarding religious practice. What would happen if “reform” Muslims living in the West decided to pray in a way not prescribed by Sharia? As Muslims would they be liable to be tried for an ecclesiastic crime?

    Thursday, September 20, 2012 at 2:37 am | Permalink
  10. Akhtar wrote:

    Ignorance is what divides many people on a very simple thing.

    Sharia does not discriminate between the genders. Both man and woman are required to be stoned, but do you know the requirements to charge them? Four people should see them, and the penis should be seen as inserted. This requirement is to make the evidencing extremely difficult.

    Divine religion, like anything else, has to be prescriptive. The example you give goes against your argument. Have you ever seen Muslims pray in congregation? See the beauty in the uniformity. Yes, whoever does something contrary to what is prescribed will be questioned, and corrected.

    Thursday, September 27, 2012 at 12:32 pm | Permalink
  11. Calder Falk wrote:

    You could say the same for the Bible, which calls for severe punishments, such as death by stoning or fire or condemnation even for what we would consider minor or illogical transgressions by contemporary standards.
    Here are just a few:

    1.Leviticus 20:27; “A man or a woman who is a medium shall surely be put to death. They shall be stoned with stones; their blood shall be upon them.”

    2.1st Corinthians 11:2; If a woman will not veil herself, then she should cut off her hair. [A] man ought not to have his head veiled, since he is the image and reflection of God; but woman is the reflection of man.

    3.Leviticus 21:9; “And the daughter of any priest, if she profane herself by playing the whore, she profaneth her father: she shall be burnt with fire.”

    3.Exodus 22:18; “Thou shalt not suffer a witch to live.”

    4.1 Corinthians 7:1; Now concerning the things whereof ye wrote unto me: It is good for a man not to touch a woman.

    5.1 Timothy 1:9-10; “[T]he law is not made for a righteous man, but for the lawless and disobedient, for the ungodly and for sinners, for murderers, for whore-mongers, for …stealers, for liars, for perjured persons.” (i.e. the Bible places the same condemnation and punishment whether a person is a liar, sexually active or a murderer!).

    All religious texts have ludicrous and preposterous laws that make no sense to our contemporary society and yet, there are people who can call upon these absurdities to persecute others or to relieve themselves of responsibility for their immoral actions.

    Friday, September 28, 2012 at 11:46 pm | Permalink
  12. Nick wrote:

    Stephanie, don’t be stupid. For one, the Bible did not lead us to the Constitution. More importantly, at what point was Communism mentioned in this at all? Please take the time to do some actual research on…well, anything, before you formulate an opinion or spout rhetoric that has no bearing on a particular topic.

    Monday, October 1, 2012 at 9:37 am | Permalink
  13. Jaru Saba wrote:

    The Biblical references contain only 2 from the new Testament, and these are only from one of the 26 books that comprise the Bible from the time of Christ’s birth and years after his death. Christ never said these words, in fact the majority of his actions and words are inclusive to women in a society that is not. Paul wrote the books of Corinthians. They are actually letters that he wrote in response to the many problems in that church and the city which could be called the Las Vegas of its day. He was trying to bring order to the system of worship and the every day lives of people who could pass several houses of prostitution and altars to gods who required human sacrifice. Old fashioned, yes it is, but it was not the message of Christ, and Paul redeems his prejudiced toward women in many other passages of his letter. One important difference between Islam and Christianity is what happens when we leave this life. Islam teaches that Allah will weigh all the good and bad deeds of your live and that will determine who stays and who goes to a bad place. In Christianity, God knew we could never change completely, that we would sin even when trying our best. Christ was the ‘sacrifice’ that cleared away the sins anyone, who believes in him. Also, I can pray to a God who went slumming for a few years and hung out with humans, good and bad. Christ knows more about what I am experiencing than a ‘god’ who has not taken that step.

    Monday, October 8, 2012 at 3:40 am | Permalink
  14. alice marlin wrote:

    You describe Sharia law as prayer and fasting. How about forcing woman to cover their head, priests policing that people follow the religious law, killing infidels,in some places women not allowed to drive and needing men escorts,females kept from schools, terror in the name of Allah Ikbar etc.

    Thursday, December 27, 2012 at 6:44 pm | Permalink

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