Abstract

Islamic theology considers Sharia as perfect order, which creates peace and justice. It is
regarded as God's order and may not therefore in principle be replaced by human laws. Sharia
is the totality of Islamic law, as it was laid down in the Koran in the Islamic tradition and in
the interpretations of authoritative theologians and jurists especially the early Islamic period.
Sharia gives instructions for the behavior in the family and society (e.g. the marital or
criminal.), but they regulated the worship (the practice of the "five pillars": confession, prayer,
fasting, almsgiving and pilgrimage). The end of the daily ritual prayer is therefore just as little
to the discretion of the individual as well as the conclusion of a marriage contract.

Key words:

Introduction
As in 1982, as part of a constitutional reform the Sharia was from one to the source of
Egyptian legislation, the then president of the People's Assembly Sufi Abu Talib commented
as follows: "The application of Islamic Sharia and the submission to their principles of law
means that the Egyptian People and better yet the entire Arab-Islamic nation is returned to its
Arab, Islamic identity, after all the alienation that we long have over a century in the shadow
of other laws the same. That meant the end of the conflict between the moral values of our
country and the wall of civilization that surrounds our people ... between what believe the
people of Egypt and the laws that govern them. "
Hardly anyone would have already spoken in this context of Islamism or immediate
tendencies towards radicalization. But to show the words of Abu Talib, the vital role played
by the Shariah and its application in defense of Muslim identity and cultural selfdetermination, and wise in retrospect distinct characteristics of Islamist thinking on: the
unshakable belief in the omnipotence of the Sharia and its ability to trouble any way to solve
any time and any place, and the equation of Arabism and Islam while ignoring religious
minorities. Even in the so-called "Sadat Constitution" of 1971, the Sharia has been behaving a
source of legislation mentioned as to reflect the growing concern among non-Muslim
minorities to their status into account.
In the phase of young Arab nation-states, the Egyptian constitutions of 1923 and 1930, had
merely states that Islam is the state religion, which was little more than a formal concession to
the faith of the majority, de facto, however, a far-reaching separation of law and religion the
way paved. The profound shock of the Islamic world had led to uncertainty among Muslims,
and finally lead to a restructuring in the understanding of state and society, and between
religion and politics by the confrontation with the ever-superior West in the 19th and 20th
centuries. After the abolition of the caliphate in 1924 by the political unity of the Muslims
symbolically an end was also prepared, a far-reaching repression of religion into the private
sphere was the result. Under the impact of colonialism itself nation-states had prevailed with
constitutions on the European model, in which the nationality characteristic feature replaced
the religion, a deeply un-Islamic thought for the majority of Muslims, whose membership is
essential to Islam ID moment.

For decades, was left as in most Muslim heartlands the religious scholars and Sharia courts
next to the rite the interests of the family and personal status law to emulate in other areas of
civil and criminal law as well as the regulation of public interests and political structures
European models. The clergy took this limitation of its sphere of influence towards not go
unchallenged and was gradually Ruge the re-Islamization of the 1970s and 1980s, again
gaining ground. Under the impression of Islamic movements like the Muslim Brotherhood in
Egypt, Syria and the neighboring countries, the National Salvation Party (MSP) of Necmettin
Erbakan in Turkey, the Jammat-i Islami in Pakistan and comparable groups the bonds were in
non-Islamic West more and more questioned and the orientation of political and public affairs
according to their own religious values demanded. In subsequent years, the role of Islam and
the Sharia is considerably strengthened as a source of legislation in many constitutions of
Muslim heartlands.
If commonly associated with Islam an inseparability of religion and politics, and in this
country often problematized, so the study of Sharia Analogue dials islam legal regime of the
rite on the one hand and of civilian life on the other side, from praying and fasting about the
marriage law and business law to criminal law. According to Muslim belief, it is the grace of
God, order of human life in all its areas and an essential part of the history of salvation. How
naturally arises from this the obligation of Muslims to affirm the Shari'a in its entirety as a
measure of human action.
Doctrine (Aqeedah) and law (Sharia) are based in the words of the former rector of the
theological seminary al-Azhar in Cairo, Mahmoud Shaltut each other and to meet together.
Must be distinguished from the jurisprudence (fiqh) lived as a history scholar and law
interpretation and application of Sharia law, which may be naturally subject with human error.
In the theological colleges of the Islamic world fiqh means the academic discipline in which
scholars describe and interpret the Sharia. Despite the conceptual overlaps that there are
occasional, remains an essential difference that fiqh, in contrast to the coming of God Sharia
the connotation "human" has and asked for the same reason of reform ideas as well as by
Islamists in his authority in question or even is flatly rejected.
The literal sense is in the Sharia is a source or a path that leads to the source, a translation that
only can be understood very symbolic today, inasmuch as according to Muslim belief
naturally leads the observance of Sharia the source of life or, to put it in the words of

contemporary Syrian philosopher al-Karim al-Abd Yafi: "Just as water is for every living
creature lives, so does the Sharia in their religious and legal Sine life for society."

The three sources of Sharia

The three emergence sources of Sharia are the Quran, the tradition and the interpretations
thereof by theologians and jurists.
The story goes back to the Prophet Muhammad, who gave a bringer of ethical values and
norms, as a religious preacher, legislator and commander numerous legal regulations to the
order of community life and the way of worship to his followers and supporters continue.
Therefore, faith, society and politics form an immovable unit and combine both religious and
legal aspects.
1.1 The Koran
In the Qur'an itself, the term "Sharia" only once occurs (Then We brought you on a clear path
in the matter (of faith); so follow it, and follow not the personal inclinations of those who do
not know Sure 45. 18), and this not as a designation of a legal system, but as a name for the
"right path".
It is the people do not generally accused of evil or sinful, but probably suggestibility and
weakness. It must therefore be guided by God on the right path. It is further stated in Sura 1.7:
who does not follow this path, which is to "belong to those who have fallen thine anger". So
who is going into the hands of God, His commandments recognizes itself to be justified and
considers it, the subjects themselves, but also conducted fairly.
It is a God-given right, a "God's law", which is in principle not deformable and
unquestionable, since such criticism would a human mean to put himself above God.
A godly lives in this world as a prerequisite to the paradise in the afterlife.
However, only about 10% of the Koran text handle legal issues. Above all, there is case
studies of legal decisions of Muhammad in his first parish.
Specifically, the areas of the law of marriage and family law are treated more often, however,
the property law rarely.

1.2. The tradition ("hadith")

This source includes mainly reports from and about Mohammad, his family and his
companions, who were mostly collected after Mohammad's death and laid down in writing.
A distinction is made in "to imitate habits" (arab. "Sunna"), which represent Muhammad's no
obligation, and legal provisions, the failure to observe the duty so are.
So it makes no sin guilty when contrary to the tradition is not wearing a beard, as Muhammad
did.
However, if not complied with legal regulations, ie marries example two sisters who commits
both a sin and a crime.
Nowadays, many divine commandments must be reflected in the legislation of Muslim
countries. But it must be stressed that little word "many" that clearly demarcates itself from
the equally small word "all".
However, it is also true that a reform or critical reappraisal is quickly dealt with the accusation
of heresy, and apostates from Islam should be condemned to death, as the tradition reports that
Muhammad had acted. And to separate religion from law also eludes the discussion, since the
law is an essential part of the Islamic message of salvation and must therefore be affirmed in
its entirety.
The demand Sharia law must be adapted to the modern world is, therefore, converted to the
claim that modernity must be aligned with the Sharia.

1.3. The interpretation of theologians and jurists

In the year 632 AD lay by matching Muslim perspective at best before fragments of the Koran
or the tradition. It is therefore considered that it initially came to an oral tradition. The Islamic
conquests 632-661 AD then made it necessary to establish a single legal system in the
occupied Islamic territories. Thus arose the so-called legal discussion circles who criticized
the judgments of governors and judges, which were based on the available fragments of the
Koran and the tradition.

For them, the schools of law, of which established in the 10th century developed four. They
borrowed their name each of their outstanding jurist: Hanafi, Hanbali, Shafi'i, Maliki.
These jurists had to clarify the urgent question, have to look like the legal consequences of a
crime, for which the Qur'an and the tradition of pretending not to action.
The principles of Islamic law thus date from the 10th century, and its roots go back to the 7th
century.
The interpretations are similar in some respects, in other respects, however, they differ
significantly. Due to the lack of a supreme magisterium, there is no uniform laws, and
sanctions and thus. The question whether an act within the framework of Sharia, or not just to
settle under the Sharia is subject to different interpretations.
Thus, the Islamic legal system applies in theory at least for 1 billion Muslims in different
ways.

Fundamentals of Islamic law

The Shariah as a general ethical and legal framework and guideline for the Islamic way of life
is based on two tangible and intangible two legal sources.
In the first place the Koran stands as the pure Word of God, which was the Prophet
Muhammad through the angel Gabriel revealed in clear Arabic language, between about 610
and the death of the Prophet 632 .CHR. The Koran is true in 114 suras with a total of about
6000 verses statements about the nature of God and his work in the history of salvation and
duties of man towards God, but also governs in a whole number of verses issues of human
coexistence, in particular the family and inheritance law, followed by the criminal law and
property law.
While this legally relevant verses make up barely one-tenth of the whole text, they show
clearly that the Qur'an not unilaterally spiritual focus on the afterlife promotes, but rather
capture the human life as a whole and according to God's will regulate wants. The same
applies to the person of the Prophet, who had initially entered from 610 in his hometown of
Mecca mainly as a religious Mahner in appearance, who warned his countrymen against the

judgment of God and called to abandon the worship of several local deities, to the will of the
to submit a God. When Mohammed was but emigrated 622 under the pressure of political
circumstances with his followers to Medina, he acted henceforth as a religious, political and
military head of the expanding Muslim community and so made arrangements and decisions
for a variety og Areas of life.
When the young Muslim community after the Prophet's death was 632 confronted with
situations for which there was no clear requirement in the Qur'an, hence the example of the
Prophet as a Sunnah to a second, fertile source of legal findings by the Koran was. The
sunnah is comprised of a variety of reports (Hadith) about what the Prophet is said to have
said, done and condoned.
The authenticity of these reports and in particular the integrity of their narrators a rigorous
examination was subjected to before they found their way into one of the six recognized by
the Sunnis as canonical collections in the 9th century and so could be a source of legal
findings. As the Quran as well as the Sunnah provides guidance on all aspects of life, and thus
proves to be the mirror of the Prophet life in all its facets.
In the center of the inner-Islamic discussion then focused on the question of how much space
you could ra'ybeimessen to, the personal conclusion which the scholar could come through
the use of his God-given intelligence in the interpretation of religious sources. General
recognition as a third source or method of administration of justice finally found in this
context, the analogy (qiyas), with the aid of a unique Islamic legal regime was transferred to a
comparable situation. So you can eg. Attribute the Koranic prohibition of alcohol in the
intoxicating effects of alcohol and thus transmit this prohibition by analogy to other
intoxicating substances and drugs.
In fourth place, although crucial, is finally the scholarly consensus (ijma) to mention for a
saying of the Prophet that his church would not be united in error. This consensus has been
adopted if against some practice also from the local customary law of the conquered
territories within a specified time no lawyer had objected. It was a once-won ijma for the legal
point at issue as binding and could be put into perspective of Quran and Sunnah by no reinterpretation (ijtihad).
This own interpretation of religious sources was the early jurists, especially the founders of
the schools still conceded and then more and more restricted to the early 10th century the so-

called bab al-ijtihad (gate of the administration of justice) was closed after a broad Sunni
consensus in favor of principle of imitation (taqlid), with which the terminal is meant to a
recognized teaching authority. In order for a new interpretation of the sources and adaptation
of existing legal rules to changing circumstances islam and living conditions de jure hardly
been possible, de facto it has of course been persistent. In the current conflict between Islam
and modernity, Shariah and Western law makes the relationship between ijtihad and taqlid a
central role and is the subject of numerous publications on the Muslim side.

The Islamic Criminal Law

In addition to the matrimonial and family law arise in the Islamic criminal law as compared to
Western human rights concepts, the biggest differences. The Islamic criminal law is based on
an opinion of the majority trichotomy in border, discretion and retaliation offenses:

Border crime (hadd offenses)

"Border crime" (or felonies) are crimes that prove the Koran or the tradition with a specific
penalty. As a "border offenses" they do not violate human rights, but the right of God. A court
case cannot therefore averted by an agreement out of court, yet the punishment may be
exacerbated or diminished. It must be enforced precisely laid down in the Koran or tradition
punishment. The border crimes include:
1. Adultery and fornication (zina arab '.) The Qur'an threatens the lewd unmarried after Sura
24.2-3 with 100 lashes, the tradition of the married people face the death penalty. Was the
woman unmarried, but the man married the woman should be locked up in the house, "until
death takes them away or God creates her a way out" (4:15). Is the man unmarried, but the
woman married, he should be banned for one year; the woman will receive 100 lashes.
2. Slander for fornication (arab. Qadhf) requires after Sura 24.2-3 80 lashes. These wellintended to protect against unjustified display control can also turn against the victim of rape,

if a woman neither four male witnesses can still give a confession. Then you threaten a
countersuit for slander of fornication and thus 80 lashes.
3. Grand theft (Arabic sariqa.): Sure 5.33 + 38 calls as well as the tradition of the first time the
amputation of the right hand and in case of recurrence of the left foot. However, the Islamic
jurisprudence recognizes a theft only under certain conditions as a real steal at (z. B. no
pickpocketing).
4. Heavy road and robbery (arab. Qat 'at-tariq) and highway robbery (excluding robbery or
murder) shall be punished according to some jurists by imprisonment or exile. Highway
robbery in connection with robbery calls on the amputation of the right hand and the left foot.
Come to highway robbery killing a man added, overtakes the perpetrators of the death
penalty. Robbery in connection with homicide requires the execution and crucifixion of the
offender.
5. The enjoyment of wine (arab. Shurb al-Hamr) and all intoxicating liquor. In many cases
any kind of drug is taken under. The tradition calls for 40 (other traditions: 80) blows for
punishment.
The tradition appoint, among the felony also homosexuality and rape, but the sentence is this
controversy among Muslim theologians. Even the renunciation of Islam calls for all four
schools of law considers the death penalty.

The prerequisite for a conviction for a felony is either a confession or the testimony of two
male witnesses, with adultery and fornication even of four male eyewitnesses. A confession
must be mature and sane and have acted willfully voluntarily and confessor. Confessions can
be withdrawn until the execution of the sentence or dismissed by the judge even in
incredibility. Felony expire very quickly. Circumstantial processes (such as during a
pregnancy an unmarried woman) are uncommon but possible in individual cases. Most capital
crimes - especially adultery and fornication - can hardly be brought to justice, but punished in
his own family with beatings, incarceration or death especially women.

Crimes with retaliation (qisas offenses)

Crimes with retaliation (arab. Qisas) directed against life and limb. Murder or manslaughter
injured by the Shari'a considers only human rights and do not belong to the felony. Crime
with retribution require the infliction of the same injury or the killing of the guilty under the
supervision of the judge. If the claimant waived, this may be converted to payment of blood
money, as well as a religious penance such. B. additional fasting (2.178 to 179). However,
only the nearest male relative of the victim calling for the killing. It strictly applies the
principle of equality: a woman for a woman, a slave for a slave (Surah 2.178). Cannot be
established equality, no retaliation may be practiced. The victim's family may waive the
killing of the guilty and instead pay a blood price (arab. Diya) request. In Iran, the blood price
for a Muslim man is currently 100 errorless camels, 200 cows or 1000 sheep, 200 Yemeni
garments and 1,000 dinars, or 10,000 Silverdirham. For a woman it is usually half, as it is for
a non-Muslim usually lower.

Was a victim only inflicted an injury, the offender the same violation may be added, but only
by the victims themselves. Again, compensation is possible.

Discretion offense (ta'zir offenses)

All other cases that do not belong to capital crimes and crimes with retaliation are placed in
the punishment to the discretion of the judge. Rebellion, false witness, slander, bribery,
forgery, embezzlement, traffic violations, fraud, extortion, kidnapping, among other things, as
well as capital offenses, the z. B. cannot be punished as a felony by a lack of evidence, are
among the discretionary offenses.
The judge can impose severe penalties, such as long prison sentences (limited and unlimited
imprisonment), banishment, flogging (the views vary from 20 to 99 lashes) or fines. The
judge may remove the offender of his duties or seize his property, admonish or censure. In
severe cases, the judge according to some scholars even impose the death penalty notably in

habit perpetrators no prospect of improvement: homosexuals, heretics who divide the Islamic
community, murderers, if their act is not avenged by retaliation, drug dealers or spies.

The social status of women

Compared with the old Arab tradition strengthens Mohammed the religious and social status
of women. This has before God the same rank as the man can attain paradise (Sura 9:27;
4,124). The spouse should give each other comfort and, drawn to each other in love and
compassion "be (Sura 30:21). The subsequent legal traditions limit against the Koran social
women's rights and further legitimize this by appealing to the Koran. Crucial to this
development is the era of the Abbasids (750 - 1285), the Persian practices (concealment,
harem) accepts and restricts the life circle of the FMU on the house. Emancipation efforts put
since the 19th century. Especially in Egyptian reform theologians (eg Qasim Armin) a. They
criticize in particular the exclusion of women from public life, the lack of training of the
woman, the limited polygamy and divorce law.
Example: Sure 4.34 acknowledges the man in misconduct of a woman's right to punish a:
The men are about women because God has honored (by nature before that) (...). And if you
fear that (any) women rise up, then she admonished, she avoids the double bed and beat them!
When you (then again) obey, then done (continued) nothing against them! God is High, Great.
These verses are variously interpreted and practiced. More liberal comments point out that
Mohammed had waived his right to punish.
The social status of women is in the traditional Islamic order determined by the patriarchal
power of relationships, by the woman occupies fixed roles.

Conclusion
It can be summarized thus that law and religion are deeply interlinked with each other in
Islam, the Sharia is because of their history, a different set of rules interpreted from several
centuries, which combined is nowhere tangible and covers all areas of life.

In addition, it is an unalterable law of God, which applies to all Muslims, but is applied
differently in different States, on the one hand by different interpretation, but also due to the
different influence of European law elements ending the colonial era.
Sharia is ever come at no time and in no place fully implemented. Even today it is in the states
(such. As Sudan or Iran), who postulates the "full reintroduction" of Sharia, only partially
practiced. In most Muslim countries today is a conglomerate on the application of the Koranic
commandments, elements of the Islamic tradition, the Arab customary law, the pre-Islamic
and European law borrowed elements that were incorporated, especially during the colonial
era in the Islamic world.