The Islamic Shari a Law

Written By : Ibrahim Khan Roll No : 12-ME-144

"Remember! The command is for none but Allah" (12:40)

A l l a h s C o m m a n d i s t h e I s l a m i c L a w

The Islamic Law of Shari a

Sharia (Arabic: ), "legislation"; also qnn Islm) is the moral code and religious law of Islam. Sharia deals with many topics addressed by secular law, including crime, politics, and economics, as well as personal matters such as sexual relations, hygiene, diet, prayer, and fasting. Though interpretations of sharia vary between cultures, in its strictest definition it is considered the infallible law of God as opposed to the human interpretation of the laws (fiqh). The concept of justice embodied in sharia is different from that of secular law. In Islam, the laws that govern human affairs are just one facet of a universal set of laws governing nature itself. Violations of Islamic law are offenses against God and nature, including one's own human nature. Whatever crime is committed, whatever punishment is prescribed for that crime in this world, one must ultimately answer to God on the Day of Judgment. In secular jurisprudence, sharia is classified as religious law, which is one of the three major categories that individual legal systems generally fall under, alongside civil law and common law.

Some Brief Points on the Law

Sharia, in its strictest definition, is a divine law, as expressed in the Qur'an and Prophet Muhammad's example (often called the sunnah). As such, it is related to but different from fiqh, which is emphasized as the human interpretation of the law. Many scholars have pointed out that the sharia is not formally a code, nor a

well-defined set of rules.

The sharia is characterized as a discussion on the duties of Muslims based on both the opinion of the Muslim community and extensive literature.

Sources of sharia law

There are two sources of Sharia (understood as the divine law): Quran Sunnah

The Qur'an is viewed as the unalterable word of God; Only 80 verses of the Qur'an contain legal prescriptions.
The Sunnah is the life and example of the Islamic prophet Muhammad; The Sunnah's importance as a source of Sharia, is confirmed by several verses of the Qur'an (e.g. [Quran 33:21]); The Sunnah is primarily contained in the hadith or reports of Prophet Muhammad's sayings, his actions, his tacit approval of actions and his demeanor.

Collections of the Sunnah

While there is only one Qur'an, there are many compilations of hadith, with the most authentic ones forming during the sahih period (850 to 915 CE). The six acclaimed Sunni collections were compiled by (in order of decreasing importance): I. Muhammad al-Bukhari, II. Muslim ibn al-Hajjaj, III. Abu Dawood, IV. Tirmidhi, V. Al-Nasa'i, VI. Ibn Majah. The collections by al-Bukhari and Muslim, regarded the most authentic, contain about 7,000 and 12,000 hadiths. For Shias, the Sunnah may also include anecdotes The Twelve Imams.

The Process of Interpretation

The process of interpreting the two primary sources of Islamic law is called fiqh (literally meaning "intelligence") or Islamic jurisprudence. While the above two sources are regarded as infallible, the fiqh standards may change in different contexts. Fiqh covers all aspects of law, including religious, civil, political, constitutional and procedural law. Fiqh depends on 4 sources: Interpretations of the Qur'an Interpretations of the Sunnah Ijma, consensus amongst scholars ("collective reasoning") Qiyas/Ijtihad analogical deduction ("individual reasoning")

The Islamic Jurisprudence (Fiqh)

Schools of law

A Summary on the topics of The Islamic Law

To p i c s o f I s l a m i c l a w i n c l u d e :
Hygiene and purification laws, including the manner of cleansing, either wudhu or ghusl. Economic laws, including Zakt, the annual almsgiving; Waqf, the religious endowment; the prohibition on interest or Riba; as well as inheritance laws. Dietary laws including Dhabihah, or ritual slaughter. Theological obligations, including the Hajj or pilgrimage, with its rituals such as Tawaf, Sa'yee and the Stoning of the Devil; Salah, formal worship; Salat al-Janazah, the funeral prayer; and celebrating Eid al-Adha. Marital jurisprudence, including Nikah, the marriage contract; and divorce, known as Khula if initiated by a woman. Criminal jurisprudence, including Hudud, fixed punishments; Tazir, discretionary punishment; Qisas or retaliation; Diyya or blood money; and apostasy. Military jurisprudence, including Jihad, offensive and defensive; Hudna or truce; and rules regarding prisoners of war. Dress code, including hijab. Other topics include customs and behavior, slavery and the status of non-Muslims.

T o d a y, t h e m a j o r i t y o f M u s l i m c o u n t r i e s a p p l y o n l y a f e w aspects of sharia. Most Muslim countries adopt only a few aspects of sharia, while a few countries apply the entire code

Use of Sharia by country:

Sharia plays no role in the judicial system Sharia applies in personal status issues only Sharia applies in full, including criminal law Regional variations in the application of sharia

How is the Islamic Law Implemented in Pakistan

Federal Shariat Court of Pakistan

The Federal Shariat Court (FSC) of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law. It consists of 8 Muslim judges appointed by the President of Pakistan after consulting the Chief Justice of this Court, from amongst the serving or retired judges of the Supreme Court or a High Court or from amongst persons possessing the qualifications of judges of a High Court. Justice Agha Rafiq Ahmed Khan is the current Chief Justice of the court. Of the 8 judges, 3 are required to be Ulema who are well versed in Islamic law. The judges hold office for a period of 3 years, which may eventually be extended by the President. Appeal against its decisions lie to the Shariat Appellate Bench of the Supreme Court, consisting of 3 Muslim judges of the Supreme Court and 2 Ulema, appointed by the President. If any part of the law is declared to be against Islamic law, the government is required to take necessary steps to amend such law appropriately. The court also exercises revisional jurisdiction over the criminal courts, deciding Hudood cases. The decisions of the court are binding on the High Courts as well as subordinate judiciary. The court appoints its own staff and frames its own rules of procedure.

Ye a r o f E s t a b l i s h m e n t : 1 9 8 0

What are the unique aspects of the Federal Shariat Court

The court is a unique institution with no parallel in the entire Muslim world. The preamble to the Constitution explicitly affirms that sovereignty over the entire universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust. Shariat Court, empowers the court and entrusts the court with the responsibility to examine and decide the question whether or not any law or provision of law is repugnant to the injunctions of Islam as laid down in the Holy Quran and the Sunnah of the Holy Prophet (peace be upon him). Law includes any custom or usage having the force of law but does not include the Constitution, Muslim personal law, any law relating to the procedure of any court or tribunal.

Indeed he has sent the prophet (Muhammad p.b.u.h) with the guidance & the true way of life so that it may conquer (overcome) all other ways & Allah is a witness to that
Surah Al Fath