The Islamic Shari’ a Law

8/13/2019 The Islamic Shari a Law

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The Islamic Shari a Law

Written By : Ibrahim KhanRoll No : 12-ME-144


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" R e m e m b e r ! T h e c o m m a n d i s f o r

n o n e b u t A l l a h " ( 1 2 : 4 0 )

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


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The slamic 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 odasopposed 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.


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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.

Some Brief Points on the Law


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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.

ources of sharia law


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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.

Collections of the Sunnah


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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 Process of Interpretation


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The Islamic Jurisprudence(Fiqh)


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chools of law

A S T


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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 orghusl.

Economic laws, including Zakt, the annual almsgiving; Waqf, the religiousendowment; the prohibition on interest or Riba; as well as inheritance laws.

Dietary lawsincluding 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 asKhula if initiated by a woman.

Criminal jurisprudence, including Hudud, fixed punishments; Tazir, discretionarypunishment; Qisas or retaliation; Diyya or blood money; and apostasy.

Military jurisprudence, including Jihad, offensive and defensive; Hudna or truce; andrules regarding prisoners of war.

Dress code, including hijab. Other topics include customs and behavior, slavery and the status of non-Muslims.

A Summary on the topics of The

Islamic Law


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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

a s p e c t s o f s h a r i a . M o s t M u s l i m c o u n t r i e s a d o p t o n l y a f e w

a s p e c t s o f s h a r i a , w h i l e a f e w c o u n t r i e s a p p l y t h e e n t i r e c o d e

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


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How is the Islamic Law Implemented

in Pakistan


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F e d e ra l S h a r i a t o u r t o f P a k i s ta n The Federal Shariat Court(FSC) of Pakistan is a court which has the

power to examine and determine whether the laws of the country complywith 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 stepsto 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


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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 notinclude the Constitution Muslim personal law any law relating to theprocedure of any court or tribunal

What are the unique aspects of the

Federal Shariat Court


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Indeed he has sent the prophet

(Muhammad p.b.u.h) with the

guidance & the true way of l i fe sothat i t may conquer (overcome)

all other ways & Allah is a

witness to that

Surah Al Fath

The Islamic Shari’ a Law

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