E - The role of sharia and its importance for Muslims

What is sharia?

What is sharia split up into?

• Sharia is the constant, unchanging, basic dimension of Islam.

• It has its basis in the Quran and Prophet Muhammad (sunnah).

• Sharia represents the continuous Muslim struggle to live up to divine commandments.

• Sharia defines the interaction of an individual with himself, his family, his society, his community, as well as the interaction between Islam and other faiths and ideologies.

• There are many different understandings of sharia law among Muslims.

• The sharia is split up into the following aspects: civil, moral and religious. 

How do some Muslims view sharia as a civil legal system?

• Some Muslims view sharia as a civil legal system that governs various aspects of life, including family matters, contracts and property rights.

• In some Muslim-majority countries, elements of sharia are incorporated into the legal framework.

As civil law, what issues can sharia address?

• As civil law, sharia can address issues such as marriage, divorce, inheritance, and business transactions.

• However, its application varies across different legal systems and regions.

What are examples of sharia as a civil law?

• There are also sharia courts for family matters but these are not part of the legal system in non-Muslim countries.

• Another example of civil law is sharia has forbidden interest (riba) on loans.

• As a consequence, in the UK sharia compliant mortgages have been introduced.

How is sharia seen as religious law, what does it do?

• For many Muslims, sharia is primarily seen as religious law derived from the Quran and the teachings of the Prophet Muhammad (hadith).

• It encompasses moral and ethical guidelines for personal conduct. 

• As religious law, sharia guides individual behaviour, rituals, and worship.

• It covers aspects like prayer, fasting, charity, and honesty. 

What does the Quran include as the first source of sharia, in terms of sharia as a religious law?

• The Quran is the first source of shari’a therefore it has to include religious aspects.

• This includes the five categories of action you studied in Year 12: haram (forbidden), disliked (makruh), allowed (halal), recommended (mustahab) and compulsory (fard).

• The Quran itself says religion should be a matter of personal choice, people cannot be compelled to believe something.

• Yet in some Muslim countries people have been given the death penalty for apostasy.

• In Saudi Arabia and Pakistan blasphemy laws have been introduced to forbid people saying anything about God and the Prophet. 

How is sharia used as a moral guide?

• Sharia also serves as a moral compass for Muslims.

• It provides principles for leading a righteous and ethical life.

• Muslims may seek guidance from sharia in making everyday decisions, even if those decisions are not directly related to legal matters. 

When it comes to the moral aspects of sharia some find it difficult to apply due to some issues, what are these?

• Sharia courts give more weighting to male witnesses e.g. if someone is accused of adultery it is required 4 trustworthy adult males must see the person in the sexual act to prevent false accusations.

• Due to different interpretations of sharia it can be difficult to agree on a single moral guide e.g. homosexuality is seen as a crime in Islam, but a modern day group called imaan argues that according to the Quran there is nothing wrong with being LGBTQ.

What are different understandings of sharia around the world?

• It does not matter where you live, all obligations of sharia need to be followed.

• Yasmin AliBhai-Brown argues that sharia can be used to oppress women and supports secular democracy

• Some say certain obligations of law, such as Jummah prayers, are not compulsory for Muslims in non-Muslim countries.

• In Iran sharia is interpreted by Shia Muslims.

• Men and women can stand for government positions, women are entitled to an education, women are required to wear veils and cover all except their hands and face.

• In Saudi Arabia the powerful family House of Saud rules the country.

• They favour Wahhabism, who believe in a return to a pure version of early Islam.

• Women in Saudi Arabia are strictly veiled and men run government positions.

• Turkey became a modern secular country where homosexuality was made legal.

• In recent years some Muslims in Turkey have called for a return to sharia law.

What happened after the death of the prophet Muhammad, that we can’t do now?

• Itjihad

• After the death of Prophet Muhammad, the Muslims were able to easily refer to the Quran and Hadiths/Sunnah when they wanted to know the laws of religion.

• However, as time went on, new issues arose that the Quran and/or Hadith didn’t explicitly give rulings on.

• This meant that people had to make rulings on new issues in light of the Quran and Hadiths/Sunnah.

• Things such as surrogacy, internet, medical research etc did not exist at that time so there were no explicit Quran verses or Hadiths regarding these issues – so ijtihad has to be carried out to work out what Islam would say regarding these issues. 

What is Itjihad?

• Ijtihad is recognised as the intellectual decision making process in Islamic law through personal effort keeping in view the spirit and overall framework of Islam.

• In other words, Ijtihad is the area in which Islam is silent and one must use their own common sense, intellect and experience to arrive at an opinion that should be in conformity with the spirit of Islam.

• Earlier Muslims used Ijtihad, e.g. Caliph Uthman used it when he decided to compile the Quran.

What did people think once the 4 Sunni schools of Islam were established, what do others think about this?

• Once the 4 schools of Sunni Islam were established, people came to the opinion that all religious matters were solved and the ‘‘gates of Ijtihad closed’’ - we don’t need to work out anymore laws, we have enough and Ijtihad may create too many opinions and confusion.

• Some Muslim scholars throughout the ages have been protesting the prohibition of Ijtihad as it violates the original spirit and intention of Islam.

• Some believe the absence of Ijtihad in Islam means the absence of critical thinking.

What is a key quote about Ijtihad from Sardar?

• ‘‘Serious rethinking within Islam is long overdue.’’

• ‘‘Muslims have been comfortably relying on age-old interpretation for much too long’’

• ‘‘This is why we feel so painful in the contemporary world, so uncomfortable with modernity.’’

• ‘‘Yet, Ijtihad is one thing Muslim societies have singularly failed to undertake.’’

- Sardar

However, what do Shia’s say about Ijtihad?

• On the other hand, Shia Muslims argued that ijtihad is an ongoing process that will continue from generation to generation.

• The ayatollah (Shi’ite religious leader) was to act as the mujtahid.

• For example, Imam Al-Qazwini used ijtihad and allowed Muslims to take a mortgage with interest if needed and an autopsy is allowed rather than bury the dead quickly to establish the cause of death. 

What is a mujtahid (jurist/legal expert)?

• Ijtihad cannot be done by any random Muslim but is carried out by a mujtahid.

• A mujtahid is an Islamic scholar who has knowledge of Islam and is qualified to make authoritative teachings or judgements.

What to mujtahid’s have to have?

• Knowledge of Arabic.

• Extensive comprehensive knowledge of the Quran and the Sunnah.

• Expert in Hadith.

• Expert in history.

• Should be able to fully understand the objectives of the sharia.

• God-conscious and just.

• Understanding of previous scholars.

In Sunni Islam, when did mujtahid’s come about, what did they do?

• In Sunni Islam mujtahids came about 200 years after Muhammad’s death, before that Sunni Muslims were free to make their own opinions.

• As time went on experienced mujtahids were qualified to make opinions.

• These mujtahids discussed together, agreed teachings by ijma and formed the four schools of law.  

How does someone become a mujtahid in Shia Islam?

• Shi’a mujtahids attended special schools called hawza.

• In Shi’a Islam mujtahids can be both men and women.

• They became respected for their knowledge and learning throughout the Muslim world. 

• ‘If you are unsure what to do, enquire’ - Prophet Muhammad

What is Taqlid (imitation?)

• As time went on there were few scholars to take on the role of mujtahids.

• So instead, scholars decided to follow imitate (taqlid) the opinions of earlier mujtahids.

How do Sunni’s view Taqlid?

• Sunni law schools decided that sharia had been settled by the companions and early mujtahids, so it was better to imitate their superior knowledge than debate afresh.

• There was less discussion, reasoning and intellectual debate and this is referred to as closing of the gates of ijtihad (intellectual struggle) and instead follow taqlid.

How do Shia’s view Taqlid?

• Shi’a schools of law continued with the use of ijtihad and decided the gates of ijtihad should remain open.

• Hence taqlid is not practiced as Shia continued with ijtihad through the lead imam (who is speaking in place of the 12^th hidden imam). 

What did Rashid Rida: a Wahhabi/Salafi say about taqlid and Ijtihad?

• He believed that Muslims should read the Quran and hadith and follow the teachings of Muhammad’s companions.

• Therefore, he rejected taqlid and believed the doors of ijitihad should remain open.

• He believed that Muslims should engage in independent reasoning to reinterpret Islamic texts in light of contemporary issues.

• He encouraged individual Muslims to engage in personal interpretation of sacred texts, rather than relying exclusively on the rulings of religious authorities.

What did Rashid Rida believe about Sharia?

• Rida believed that Sharia should be adapted to meet the needs of contemporary society.

• He argued that Islamic law is not static and should evolve to address modern challenges while remaining true to its core principle.

What are some of Rashid Rida’s controversial views?

• One of his controversial views was his support of Darwin's theory of evolution and it was necessary to believe in the creation story literally. 

• He also believed that the origin of the human race from Adam is a history derived from the Hebrews and that Muslims are not obliged to believe in this account.  

Other controversial beliefs held by Rida included: 

• His view that interest (riba) may be permitted in certain cases.

• His idea that building statues is permissible in Islam as long as there is no danger of their being devoted to improper religious uses.
   

What did Rashid Rida emphasise the importance of?

• He emphasized the importance of understanding the objectives of Sharia, known as maqasid al-sharia.

• Rida believed that the ultimate goals of Islamic law are to promote justice, welfare, and the common good.

• This perspective allows for a more flexible and purpose-driven interpretation of Sharia.

• He supported political change against colonial rulers.

• He thought it would be better to live in a religious state with laws defined by ijtihad.

What did Abdullahi Ahmed An-Nai’m (Islamic scholar) emphasise the importance of?

• An-Na'im emphasizes the importance of interpreting Sharia in a way that is relevant to the modern context.

• He argues that Islamic law should not be static but should evolve to meet the changing needs of society.

• This involves understanding the historical and cultural contexts in which Islamic laws were originally formulated and adapting them to contemporary circumstances.

What does An-Na’im advocate for?

• An-Na'im advocates for the separation of religious and state authorities.

• He believes that the state should not enforce religious laws, as this can lead to coercion and the violation of individual freedoms.

• Instead, he argues for a secular state that allows for the free practice of religion while protecting the rights of all citizens.

What does An-Na’im say about human rights?

• An-Na'im is a strong advocate for human rights and gender equality within the framework of Islamic law.

• He believes that ijtihad should be used to reinterpret traditional texts in ways that support these values.

• For example, he argues that many of the gender inequalities found in traditional interpretations of Sharia are not inherent to Islam but are the result of patriarchal cultural practice.

 

• His ideas encourage a more inclusive and adaptable understanding of Sharia, promoting a balance between tradition and modernity.