Shariah

A Divine Code of Life

Abdur Rashid Siddiqui

• Publisher: The Islamic Foundation
• Year: 2018
• ISBN:
  9780860376293
• Topic: Theology & Religion
• Subtopic: Islamic Theology

The Shariah is one of the most misunderstood and maligned Islamic terms in the West. The word conjures up images of uncivilised Muslims whipping criminals, stoning adulterers and confining women within their homes in the minds of many people.

Yet, Shariah literally means a way or a path and, more specifically, the way to a watering place. Far from being a strict penal code it is a humane, compassionate and benevolent system of laws that guides Muslims, based on the Qur'an, the Sunnah of the Prophet Muhammad, and the interpretation of religious scholars.

This book is a simple and concise guide to the Shariah (Islamic law) to explain its meaning, scope and operation in practical life, as well as helping readers understand and appreciate its value and necessity in the believer's life.

CHAPTER 1

THE SHARIAH: MEANING, SOURCES AND OBJECTIVES

The Shariah is one of the most misunderstood, even maligned, Islamic terms. The word conjures up images of the inhuman, primitive and uncivilised practices of whipping criminals, stoning adulterers, chopping off the hands of thieves and confining women within their homes or only allowing them to venture out enshrouded in a burqa, usually black and covering them from head to toe. No wonder that non-Muslims fail to understand why Muslims yearn for the introduction of the Shariah. To some extent, Muslims are to blame for the creation of this confusion. Whenever they call for the establishment of an Islamic state, their first priority is the introduction of the Islamic penal laws. However, one should not forget that the thirteen years that the Prophet spent in Makkah were dedicated to building an Islamic society and imbibing it with Islam’s fundamental tenets of faith. Moreover, during that early period, Allah had not yet sent down all the laws and regulations. But even in Madinah, the laws were prescribed gradually while the penal laws were revealed much later. Thus, the introduction and enforcement of the penal laws right at the beginning is contrary to the religion’s strategy for social change and the spirit of the Prophet’s way. In such a context, there is a need to explain to both Muslims and non-Muslims what the Shariah is exactly and the process of its implementation.

The Meaning of the Shariah

Shariah literally means a way or a path and, more specifically, the way to a watering place. In Islamic terminology, after accepting Allah’s din (Religion), the way to be followed, as shown by His guidance and that of His Messenger, is the Shariah. This is the path and source of guidance for humankind and its success in this world and salvation in the Hereafter. This guidance, which is revealed by Allah through His Messenger, covers all aspects of life: beliefs, acts of worship, social transactions and morals. To each among you have We prescribed a Way (Shariah) and a Way of Life (al-Ma’idah 5: 48); Then, We put you on the (right) Way (Shariah): so follow you that (Way) and follow not the desires of those who know not (al-Jathiyah 45: 18); He has prescribed for you the Religion which He has enjoined upon Noah and which was revealed to you (O Muhammad), and which We enjoined upon Abraham and Moses and Jesus, commanding: ‘Establish this din and do not split up regarding it’ (al-Shura 42: 13).

Thus, the Shariah is a Divinely ordained system to guide mankind straight to the path of righteousness in this world and the acquisition of bliss in the Hereafter. How a person follows the guidance provided in this world will be judged by Allah depending on whether he acted in sincerity and seeking the other world or was he totally immersed in this world. This is the difference between Divine laws and human laws. The latter are only concerned with the interests of this world while the Shariah governs a Muslim’s entire life, from birth to death and even beyond.

The Difference between Din and the Shariah

The key difference is that the din (Way of Life) brought by all the earlier messengers before the Prophet Muhammad (peace and blessing be upon him), who was the seal of all prophets and messengers, was, has been and shall always be one and the same. Many Shariahs were revealed; some were subsequently replaced or altered but there was no change in the din. All the prophets and messengers of Allah (peace be upon them all) presented the same din but their Shariahs differ to some extent. For example, the prescribed ways of performing the prayer and observing the fast were different under the Shariahs of the earlier prophets. But as the Qur’an mentions the prayer, Zakah (the poor-due) and fasting were an integral part of all earlier Shariahs. Thus, the din remained the same throughout while the precise details of following it differed from one Shariah to another.

The Components of the Shariah

The Shariah encompasses a believer’s entire life. Its most important aspects are [Aqa’id (the basic tenets of faith) which lay down the relationship between man and God. Essentially, there are three fundamental tenets of faith: Tawhid, Risalah and al-Akhirah, that is, the belief in the Oneness of Allah, Prophethood and the Hereafter. The entire edifice of Islamic civilisation is based on these fundamental tenets of faith. If Iman (faith) is weak, not only does it weaken other tenets of faith, it also destroys morality, the social structure and the entire culture and civilisation of Muslims. These tenets of faith are briefly explained below:

Tawhid (Oneness of God)

Tawhid is the bedrock of all Islamic tenets of faith. All other tenets of faith are subsumed under Tawhid. The name Allah (God) is used exclusively for the One Who created the heavens and the earth and everything in this universe. He is not only the Creator but also the only true Provider (Rabb). He bestowed upon men and women all their faculties of seeing, hearing and thinking. He provided all the resources for men and women to live in comfort in this world. None is worthy of worship except Allah.

Risalah (Prophethood)

The other tenet of faith is the institution of Prophethood. Just as God has provided for the physical needs of human beings, it is inconceivable that He would not cater for their greatest need: what to believe and how to live in this world. For this purpose, He sent down the prophets to guide mankind. The first Prophet Adam (peace be upon him) was promised, when he was sent down to earth, that …guidance shall come to you from Me: then, whoever will follow my guidance need have no fear, nor shall they grieve (al-Baqarah 2: 38). Throughout human history, prophets came to keep societies on the right path as directed by God but the teachings of earlier prophets were corrupted or forgotten due to the passage of time. Some of these prophets (known as messengers) were also gives Divine scriptures. Muslims are therefore required to believe in earlier holy books such as the Scrolls (Suhuf) of Abraham (Ibrahim), the Torah given to Moses (Musa), the Psalms of David (Dawud) and the Gospel of Jesus ([Isa) (peace be upon them all). The authentic teachings of earlier revelations are referred to in the Qur’an. For example, the Ten Commandments are incorporated and extended in Surah al-Isra’ (17: 23- 39): fourteen specific commandments are mentioned there.

Al-Akhirah (The Hereafter)

Human beings shall be accountable to Allah with regard to how faithfully they have followed His guidance. On the Day of Resurrection, they will be judged for all their deeds. Belief in the Last Day makes people realise that this world is transitory and finite. On that Day, all creation will be destroyed and people will be raised from their graves. They will stand before their Lord Who will judge their deeds. Thereafter, they will be rewarded or punished according to their good or evil deeds. This sense of accountability before Allah keeps people on the path of righteousness and makes them steadfast in their Iman (belief) and action.

[Ibadat (Acts of Worship)

After accepting some basic tenets of faith, which bring the believing person to the fold of Islam, the other important duties one is required to follow are called the [Ibadat (sing. ‘Ibadah, act of worship). These include the performance of the five daily prayers, the obligatory poor-due (Zakah), fasting in the month of Ramadan and undertaking the pilgrimage to Makkah (Hajj) once in one’s life-time if one can afford it. Thus, the Shariah prescribes detailed rules and regulations for performing these essential duties. Not only do these acts of worship strengthen people’s relationship with their Creator, they also create bonds of brotherhood among the believers, as these [ibadat are communal.

Mu[amalat (Social Transactions)

The other area covered by the Shariah is called Mu[amalat (Social Transactions). These include social life within the family and society at large and laws governing trade, commerce, politics, governance, treaties between nations and laws of war and peace. Essentially, the Shariah comprehensively covers social, economic, political and international affairs. Social transactions cover a wide range of hum...

Table of contents

• Cover
• Halftitle
• Titlepage
• Copyright
• Contents
• Transliteration Table
• Preface
• Chapter 1: The Shariah: Meaning, Sources and Objectives
• Chapter 2: Maqāṣid al-Shariah (The Main Objectives of the Shariah)
• Chapter 3: The Shariah’s Guidance for Establishing a Just and Caring Society
• Chapter 4: Issues of Concern Regarding the Shariah
• chapter 5: The Process of Implementing the Shariah
• chapter 6: Fiqh al-Aqalliyyāt (Jurisprudence for Minorities)
• Chapter 7: Conclusion
• Appendix
• Glossary
• Bibliography
• Index
• backcover