Referring to Shariah simply as “Islamic law” is therefore incomplete. Shariah might better be described as a body of divine laws, rules, code of conduct and teachings which are intended to benefit the individual and society.
Literal Meaning of Shariah
The Arabic word shariah refers to a waterway that leads to a main water source. An analogy can be made where just as water is a necessary element of life, so is Shariah essential to the well-being of a Muslim.
Code of Behavior and Conduct
To ensure this well-being, Shariah offers guidance and laws for a complete way of life. This code of behavior and conduct includes, among other topics:
- Worship and religious obligations
- Modest behavior and moral conduct
- Business and social dealings
- Marriage and divorce
- Inheritance
- Politics and economics
- Penal laws.
The regulations and directives in Shariah can be divided into the following categories:
- Obligatory, or clearly required (Wajib or Fard)
- Recommended, but not obligatory (Mandub)
- Prohibited (Haram)
- Disliked and discouraged, but not prohibited (Makruh)
- Permissible, due to lack of injunction or opinion (Mubah).
Sources of Shariah
The two main sources for these directives are the Holy Qur’an and the Sunnah -- teachings of the Prophet Muhammad (peace be upon him). Shariah is also derived from analogical deduction of legal matters (qiyas) and the consensus (ijtihad) of Islamic scholars and jurists.
Schools of Islamic Jurisprudence (Fiqh)
The scholarly study, interpretation and application of Shariah is known as Islamic jurisprudence, or fiqh. In Arabic, fiqh means “deep understanding” or “full comprehension.” While the divine laws of Shariah are undisputed, scholarly differences in Islamic jurisprudence do exist.
Four major schools of fiqh (madhab) emerged from the early Muslim scholars: Hanafi, Maliki, Shafi’i, and Hanbali. Although these prominent scholars differed on some points, they advised Muslims to follow opposing views if proven to be more correct according to Qur'an and Sunnah.
Modern Application of Shariah and Fiqh
Islam does not differentiate between historic and modern times when it comes to Shariah and other divinely enjoined matters. Historically, the merging of divine and civil law under true Shariah produced safe, productive Islamic societies in which Muslims excelled in the arts, sciences, math, astronomy and other areas of scholarship. The call by critics for separation of church and state ignores the fact that Islam and Shariah encompass a way of life and not just religion.
Modern critics also argue that Shariah's strict punishments for adultery, stealing, and murder are archaic. However, in his March 16, 2008 New York Times article "Why Shariah?" Harvard University law professor Noah Feldman notes that "for most of its history, Islamic law offered the most liberal and humane legal principles available anywhere in the world." He also points out that the proof required to administer punishment is often very difficult to attain. To punish an adulterer, for example, it must first be proven that four people witnessed the sex act.
Welfare of the People
Mercy, justice and compassion are essential in order for true Shariah to work for the benefit of the people. The Muslim scholar Ibn al-Qayyim observed:
“Shariah is based on wisdom and achieving people's welfare in this life and the afterlife. Shariah is all about justice, mercy, wisdom, and good. Thus, any ruling that replaces justice with injustice, mercy with its opposite, common good with mischief, or wisdom with nonsense, is a ruling that does not belong to the Shariah, even if it is claimed to be so according to some interpretations.” (Shamsuddin Ibn al-Qayyim, I`lam Al-Muwaqi`een, ed. Taha Abdul Rauf Saad, Beirut: Dar Al-Jeel, 1973)
