Sharia
The Arabic word sharī'ah appears in the Quran with the meaning "way" or "path." Early Islamic scholars traced this term to a pastoral image of watering animals at a permanent water-hole. In an arid desert environment, reaching that water source was essential for survival. This physical necessity became a metaphor for a divinely ordained way of life. The lexicographical records show two major areas where the word could appear without religious connotation. One area relates to notions of stretched or lengthy paths. Another area describes the act of guiding livestock to drink. Some scholars describe it as an archaic Arabic word denoting "pathway to be followed." This concept is analogous to Halakha, or Jewish law. Within Islamic discourse, šarī'ah refers to religious regulations governing the lives of Muslims. For many Muslims, the word means simply "justice." They consider any law that promotes justice and social welfare to conform to Sharia. The word was widely used by Arabic-speaking Jews during the Middle Ages. It served as the most common translation for the Torah in the 10th-century Arabic translation by Saadia Gaon. A similar use of the term can be found in Christian writers. The expression sharia al-musa means "law" or "religion of Moses." The word sharī'ah is used by Arabic-speaking peoples of the Middle East to designate a prophetic religion in its totality.
Traditional theory of Islamic jurisprudence recognizes four sources for sharia. These are the Quran, the sunnah, ijma, and qiyas. The Quran is considered the most sacred source of law. Classical mainstream jurists hold its textual integrity beyond doubt due to concurrent transmission. Verses revealed later may have restricted or abolished earlier verses. The body of hadith provides more detailed and practical legal guidance than the Quran itself. Early Islamic scholars developed personal criteria for evaluating their authenticity. They assessed trustworthiness of individuals listed in transmission chains. This process narrowed down vast prophetic traditions to several thousand sound hadiths. Sunnah originally meant a tradition that did not contain definitions of good and bad. Later, good traditions began to be referred to as sunnah. Muhammad's sunnah gave way to hadiths which were transmitted orally then recorded. Ijma refers to the consensus or agreement of the Islamic community on a point of Islamic law. It was the consensus that could elevate a ruling based on probable evidence to absolute certainty. Sunni Muslims regard it as one of the secondary sources after the Qur'an and Sunnah. Qiyas is analogical reasoning used to derive a ruling for situations not addressed in scripture. A classic example extends the Quranic prohibition of drinking wine to all intoxicating substances. The cause shared by these situations is identified as intoxication. Since the cause of a rule may not be apparent, selection commonly occasioned controversy. Twelver Shia jurisprudence does not recognize qiyas but relies on reason instead.
The main Sunni schools of law emerged in the ninth and tenth centuries. These are the Hanafi, Maliki, Shafi'i, and Hanbali madhhabs. By the twelfth century almost all jurists aligned themselves with a particular madhhab. The Maliki school is predominant in North and West Africa. The Hanafi school dominates South and Central Asia. The Shafi'i school prevails in Lower Egypt, East Africa, and Southeast Asia. The Hanbali school rules in North and Central Arabia. The first centuries of Islam also witnessed short-lived Sunni madhhabs like the Zahiri school. This school continues to exert influence over legal thought despite being commonly identified as extinct. Legal practice in most of the Muslim world has come to be controlled by government policy. State law codification utilized methods of takhayyur and talfiq. Legal professionals trained in modern law schools have largely replaced traditional ulema. The Hanbali school inspired conservative currents of direct scriptural interpretation by Salafi and Wahhabi movements. Other networks of Indonesian ulema advanced liberal interpretations without focusing on traditions of a particular madhhab. Shia legal schools developed along lines of theological differences. They resulted in formation of Twelver, Zaidi, and Ismaili madhhabs. Differences from Sunni legal schools are roughly of the same order as differences among Sunni schools. The Ibadi legal school is distinct from Sunni and Shia madhhabs and is predominant in Oman.
Classical Islamic jurisprudence typically divided subject matter into four quarters: rituals, sales, marriage, and injuries. Crimes against God cannot be forgiven but punishments are seldom enforced due to doubts or ambiguities. Hadd applies to punishments ranging from public lashing to death for limited crimes. These include murder, adultery, slander, theft, and hirabah. Qisas refers to retaliation in kind where Sharia specifies equal retaliation or monetary compensation. In cases of homicide, qisas means the right of a victim's nearest relative to take the life of the killer. Victims or heirs may accept monetary compensation called diya instead. Tazir refers to offenses mentioned in Quran or Hadiths but where neither specifies punishment. In Tazir cases, punishment is at discretion of state, ruler, or qadi. The judge enjoys considerable leeway in deciding appropriate form of punishment. The ruler or qadi also has discretion to forgive tazir offenses. Some verses describe punishment of criminals by killing, hanging, cutting off hands and feet, or exile. Modern commentators debate whether these verses determine concrete sequential criminal acts like massacre, robbery, and rape. Textual understanding and principle of individuality are no longer competent with principles of modernity which prioritize collectivity.
Sharia was traditionally interpreted by muftis who were private legal specialists. They issued fatwas generally free of charge in response to questions from laypersons. Fatwas were regularly upheld in courts unless contradicted by more authoritative opinion. From 12th century onward Muslim rulers began appointing salaried muftis. Sunni muftis were gradually incorporated into state bureaucracies. Islamic law was initially taught in study circles gathering in mosques and private homes. Madrasas spread during 10th and 11th centuries as institutions of higher learning devoted principally to study of law. A madrasa complex usually consisted of a mosque, boarding house, and library maintained by waqf endowment. At course end professor granted license certifying student competence. Students specializing in law completed curriculum including doctrines of particular madhhab and training in disputation. Courts operated under qadis trained in Islamic law though not necessarily to level required for issuing fatwas. Judges theoretically independent but appointed by ruler often experienced pressure from ruling elite. Main type of evidence was oral witness testimony. Standards of evidence for criminal cases so strict that conviction difficult even for clear-cut cases. Most historians believe qadi's courts lost jurisdiction over criminal cases early on. Accusations could be pursued in mazalim court administered by ruler's council addressing wrongs Sharia courts unable to handle.
Approaches to Sharia in the 21st century vary widely across the Muslim world. Fundamentalists advocate complete implementation of exact pure sharia without modifications. Modernists argue it can be brought into line with human rights and contemporary issues like democracy. Some practices deemed incompatible with gender equality or freedom of speech. In Muslim majority countries traditional laws used with or changed by European models. Judicial procedures and legal education brought in line with European practice. Constitutions of most Muslim-majority states contain references to Sharia yet rules largely retained only in family law. The Islamic revival of late 20th century brought calls for full implementation including hudud corporal punishments. Propaganda methods ranged from civilian activities to terrorism. Migration, modernisation and new technologies decreased dominance of classical legal schools. State law codification commonly utilized takhayyur selection without restriction to particular madhhab. Legal professionals trained in modern law schools replaced traditional ulema as interpreters. Global Islamic movements drew on different madhhabs at times placing focus on scriptural sources rather than classical jurisprudence. The transformations have had profound implications for madhhab system beyond personal ritual practice.
Common questions
What is the meaning of Sharia in Islamic law?
The Arabic word sharī'ah means way or path and refers to religious regulations governing the lives of Muslims. Early scholars traced this term to a pastoral image of watering animals at a permanent water-hole where reaching that source was essential for survival.
What are the four sources of sharia according to traditional theory?
Traditional theory recognizes the Quran, sunnah, ijma, and qiyas as the four sources for sharia. The Quran is considered the most sacred source while hadith provides more detailed legal guidance than the Quran itself.
When did the main Sunni schools of law emerge?
The main Sunni schools emerged in the ninth and tenth centuries including the Hanafi, Maliki, Shafi'i, and Hanbali madhhabs. By the twelfth century almost all jurists aligned themselves with a particular madhhab.
How does Sharia define punishment for crimes against God?
Hadd applies to punishments ranging from public lashing to death for limited crimes such as murder adultery slander theft and hirabah. Qisas refers to retaliation in kind where Sharia specifies equal retaliation or monetary compensation called diya instead.
Who traditionally interpreted sharia before modern times?
Sharia was traditionally interpreted by muftis who were private legal specialists issuing fatwas generally free of charge in response to questions from laypersons. From 12th century onward Muslim rulers began appointing salaried muftis who were gradually incorporated into state bureaucracies.