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Masters in Education from Nottingham University in the UK. Also studied Masters in Islamic Studies and Islamic Banking & Finance. Political activist with interests in Geopolitics, History and Phil ...
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In a Nutshell

Shari'a, the divine law of Islam, covers many areas of a Muslim's life, including economic, social, and familial matters. Here are some notable examples:

  • Zakat: Mandatory alms-giving system ensuring that wealth is purified and redistributed in society.
  • Inheritance distribution: Specific shares of inheritance are decreed in Islam, preventing concentration of wealth within a few hands.
  • Riba (interest) prohibition: Interest-based transactions are forbidden, safeguarding the vulnerable from predatory lending practices.
  • Economic equity: The shari'a promotes a fair and balanced economic system where exploitation is outlawed, and social responsibility is fostered.
  • Family relationships: Specific guidelines outline rights and responsibilities within families, promoting harmony and well-being.



Introduction

Shari'a, derived from the Arabic word for "path" or "way," refers to the totality of Allah's (swt) guidance for Muslims. It is not a monolithic code but a holistic framework derived from foundational sources: the Quran and Sunnah (the Prophet's (pbuh) teachings and practices) as well as the consensus of scholars (ijma) and analogical reasoning (qiyas). Shari'a touches upon many areas of life, encompassing acts of worship and socio-economic principles, ultimately aimed at creating a just, equitable, and compassionate society.



Evidences

Quran

  • "…And in their wealth and possessions was the right of the needy and the deprived." (Quran 51:19)
  • “…take what the Messenger gives you and refrain from what he forbids you…” (Quran 59:7)
  • “…Allah commands you to render back your trusts to those to whom they are due…” (Quran 4:58)

Hadith

  • The Prophet (pbuh) said, "None of you truly believes until he loves for his brother what he loves for himself." (Sahih al-Bukhari)
  • He (pbuh) also said, "Whoever amongst you sees an evil, he must change it with his hand; if he is unable to do so, then with his tongue; and if he is unable to do so, then with his heart, and that is the weakest form of faith." (Sahih Muslim)
  • "O People! Verily your blood, your property, and your honor are sacred…" (Sahih al-Bukhari, from the Prophet's (pbuh) farewell sermon)

Sayings of Companions

  • Abu Bakr (ra), the first caliph, declared, "The weak among you shall be strong with me until I have secured his rights, if Allah wills; and the strong among you shall be weak with me until I have taken from him the rights of others, if Allah wills."
  • Umar ibn Al-Khattab (ra) said, "By Allah, if a camel were to die (of neglect) on the banks of the Euphrates, I would fear that Allah would hold me accountable for it."
  • Ali ibn Abi Talib (ra) said, "Justice is the foundation of authority."

Scholarly Quotes

  • Ibn Qayyim (classical scholar): "Shari'a is based on wisdom and the welfare of people in this life and the hereafter... [it] aims at justice, mercy, benefit, and wisdom."
  • Imam Al-Ghazali (classical scholar): "The basis of the shari'a is the promotion of the well-being of the people, which lies in safeguarding their faith, their lives, their intellect, their posterity, and their wealth."
  • Yusuf Al-Qaradawi (contemporary scholar): "Islam, within its shari'a, does not permit injustice, monopoly, the misuse of power, or the swallowing of people's money unjustly."


Examples of Shari'a Law

The selected evidences portray a clear framework within the shari'a emphasizing social justice, economic responsibility, and individual obligation to both their society and to Allah (swt). It's essential to understand these examples are not exhaustive, but offer a glimpse of the principles at the heart of Islamic Law.

Zakat, one of the pillars of Islam, is not mere charity but mandated redistribution of wealth. Islam decries hoarding and encourages an equitable flow of resources, creating a safety net for society's most vulnerable. The Quran speaks strongly against amassing wealth while others lack their basic needs. Zakat exemplifies how the shari'a connects spiritual devotion with tangible social action.

Prohibitions on interest (riba) stem from the concept that exploiting the borrower's need goes against compassion and social responsibility. While modern financial systems rely heavily on interest, the shari'a promotes ethical finance emphasizing profit-sharing and risk-sharing models based on trade, investment, and partnerships.

Family relations in Islam are carefully delineated, ensuring a stable social fabric. Marriage is an inviolable contract with clear stipulations promoting love and companionship. Inheritance laws prevent both reckless spending and unjust concentration of wealth within a small group. Care for the elderly is not optional but an obligation – showing how shari'a weaves in respect, care, and compassion within the family unit.

The overarching goal of the shari'a is to uphold justice in every sphere. Islam condemns oppression, advocates for protecting the disadvantaged, and holds a deep reverence for human life and dignity. These themes resound through the principles enshrined in the selected examples of shari'a.



Misconceptions

  1. Shari'a is about harsh punishments: While there are specific guidelines for certain offenses, shari'a primarily focuses on prevention and establishing fairness, where mercy and rehabilitation are valued.

  2. Shari'a suppresses women: Islamic law explicitly grants women legal rights and emphasizes their protection. Women have inheritance rights, own property, engage in business, and have their contributions to society valued. Societal misinterpretations and unjust cultural practices sometimes hinder women, but these should not be conflated with Islamic law.

  3. Shari'a is monolithic: A rich body of scholarly works interpreting Islamic law results in different schools of thought. Shari'a is adaptable within its broad framework, responding to social contexts and advancements in knowledge.

  4. Shari'a promotes violence: Quite the opposite – Islam prioritizes peace and forbids killing the innocent. Extremist groups grossly distort the shari'a to suit violent agendas. Any act of violence runs counter to Islam's fundamental teachings.

  5. Shari'a is incompatible with modern societies: Many countries already apply elements of shari'a in family law and ethical financing while upholding principles of individual freedom and human rights.


Conclusion

Shari'a offers a vast body of guidance derived from a divine source, dedicated to establishing justice and societal well-being. The examples we've considered – like zakat, inheritance laws, the prohibition on interest, and the emphasis on family structure – showcase principles central to the shari'a. They reveal a commitment to economic fairness, compassion for the weak, social responsibility, and the unwavering defense of human dignity.

For Muslims, shari'a isn't merely a set of laws but a path for aligning life with God's will and striving for both individual and communal betterment. To dismiss it without due deliberation denies oneself an understanding of one of the world's major intellectual and legal traditions.


FAQs - Shari'a Law

  1. How is shari'a derived? Shari'a relies on the Quran (the word of Allah), Sunnah (the teachings and example of the Prophet (pbuh)), ijma (consensus of scholars), and qiyas (analogical reasoning).

  2. Does shari'a always involve punishment? No, punishment is a minor aspect. Shari'a focuses on preventative measures, encouraging a just society, promoting mercy, and fostering personal accountability.

  3. Does shari'a oppress women? Islam emphatically affirms women's rights to property, inheritance, education, and choosing their spouse. Cultural customs sometimes misinterpreted as religious rulings have led to unjust practices, contradicting the genuine intent of Islam.

  4. Why are there different schools of thought within shari'a? As Islam spread to diverse contexts, its application required ongoing scholarly engagement. This led to differing interpretations and various schools of thought (madhabs), providing room for adaptability while staying true to foundational principles.

  5. Is it true the shari'a advocates stoning as punishment? Specific punishments under hudud (crime with fixed penalties) require exceptionally strong evidence and high standards of due process. Contemporary scholars largely see these offenses as requiring alternative restorative practices, given the stringent emphasis on avoiding wrongful punishment in Islam.


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