Today, we live in a multicultural society. In our nearest environment there are people from different cultures or religions and they are part of our society. Muslims are one group that participates in our daily lives. For example, we are surrounded by many Turkish people, without really knowing which principles they follow. If we open a newspaper, we find plenty of articles dealing with Sharia, the Islamic law. There is for example the Archbishop of Canterbury who wants to integrate Islamic law into British law. And at present, the debate on headscarves in Turkish universities revives. Once in a while, we hear from women who are sentenced to death because they had unlawful sexual intercourse. But what do we really know about Muslims? Which rules do they follow and where do these rules come from? If we cannot answer this question, it is difficult to understand why there are these harsh punishments in some Islamic countries and why Islam is so important for the social development of these countries. There are Islamically inspired schools, clinics, social welfare services, and insurance and finance companies that have proliferated. Governments have to face crises of identity and political legitimacy and they are pressured to reformulate values and legislation within an Islamic framework. Some people call for the implementation of Sharia and others call for the Islamization of existing laws. In my paper, I will give an insight into Sharia and I will show how it is implemented in different Islamic countries. As this is a very complex topic, I will focus on the origin of Sharia, customs, family law, and crime and punishment, so as to explain the main principles of Muslim faith.
Table of Contents
1. Introduction
2. Definition
3. Sources of Sharia
3.1. Quran
3.2. Sunnah
3.3. Ijma
3.4. Qiyas
4. Topics of Islamic law
4.1. Dietary laws: Halal
4.2. Customs and behaviour
4.3. Dress codes
4.4. Family law
4.4.1. Marriage
4.4.2. Divorce
4.4.3. Inheritance
4.5. Penalties
4.5.1. Theft
4.5.2. Adultery and fornication
4.5.3. Apostasy
4.6. Women in Islam
4.7. Non-Muslims
5. Contemporary issues
5.1. Contemporary practice
5.2. Sharia in Nigeria
5.3. Democracy and human rights
6. Conclusion
Research Objectives and Themes
This paper aims to provide an insight into Sharia, exploring its origins, core principles, and implementation within various Islamic countries, while examining the intersection of religious law with family customs, criminal justice, and human rights.
- The historical and theological origins of Sharia law.
- Core societal practices including dietary laws and dress codes.
- Regulations concerning family law, such as marriage and inheritance.
- The application of criminal penalties and their controversy.
- Contemporary debates regarding the compatibility of Sharia with democracy and human rights.
Excerpt from the Book
4.4.1. Marriage
Marriage is the utmost importance in Islam. According to Esposito (2001 : 15), it is a “highly religious sacred covenant”. In Islam, marriage is a civil contract which legalises sexual intercourse and pregnancy. There are two types of marriage: the Nikah, which is the normal form of marriage, and the Nikah Mut’ah. Nikah Mut’ah means “marriage for pleasure” and is a fixed-term marriage that is to say it is a marriage of a certain duration. It is automatically dissolved after this period or if one of the spouses dies. Both wife and husband have no right to inherit from each other. This type of marriage is not approved by Sunni Muslims, but by Shia Muslims where it is the second form of marriage (Rauscher 1987 : 61-63). Thus, it is only acknowledged by a minority of Muslims.
It is said in the Quran that women have the right to choose their own life partners: “Do not prevent them from marrying their husbands when they agree between themselves in a lawful manner” (Yamani 1996 : 96). In addition, once a girl came to the Prophet and told him that she had been married to a man against her will by her father. The Prophet gave her the right to annul the marriage (Yamani 1996 : 96).
The Quran also says that only the wife and no other male relatives should receive the dower from her husband. “And give the women (on marriage) their dower as a free gift.” (Yusuf Ali, Quran Viewer, web page 2008 : 4:4). The husband has to pay a reasonable amount as dower to ensure the economic position of the woman after marriage and to ensure that she can defend her rights (Yamani 1996 : 97).
Summary of Chapters
1. Introduction: Presents the relevance of Sharia in modern multicultural societies and outlines the paper's scope regarding Islamic legal principles.
2. Definition: Defines Sharia as an Arabic term meaning "track" or "road" and as a religious legal framework for millions of Muslims.
3. Sources of Sharia: Discusses the four foundational sources of Islamic law: the Quran, Sunnah, Ijma, and Qiyas.
4. Topics of Islamic law: Explores specific applications of Sharia ranging from dietary Halal rules and dress codes to family law and penal punishments.
5. Contemporary issues: Analyzes the implementation of Sharia in modern contexts, focusing on Nigeria and the ongoing debate regarding democracy and human rights.
6. Conclusion: Summarizes the complexity of Sharia implementation and suggests that reinterpreting textual sources might be necessary for modern societal demands.
Keywords
Sharia, Islamic Law, Quran, Sunnah, Halal, Family Law, Marriage, Divorce, Penalties, Apostasy, Human Rights, Nigeria, Fiqh, Jurisprudence, Islamization
Frequently Asked Questions
What is the primary focus of this academic paper?
This work provides an overview of Sharia, explaining its theological origins, its role as a legal framework, and how it governs various aspects of private and public life in Muslim societies.
What are the central thematic areas covered?
The paper covers the sources of Islamic law, dietary laws, dress codes, family law, criminal penalties, and modern challenges such as the compatibility of Sharia with human rights.
What is the research goal of this paper?
The primary goal is to explain the origins and main principles of the Muslim faith through the lens of Sharia, providing a better understanding of why it remains a central force in the social development of Islamic countries.
Which scientific methodology does the author use?
The author employs a descriptive and analytical approach, drawing on established literature and scholarly sources to discuss the theology and practical implementation of Sharia.
What topics are discussed in the main body?
The main body examines the sources of Sharia, specific daily customs, family legal structures, the application of penalties for crimes like theft or adultery, and the political reintroduction of Sharia in places like Nigeria.
Which keywords best describe this study?
Key terms include Sharia, Islamic law, Quran, Sunnah, family law, penal codes, human rights, and religious jurisprudence.
How does the paper address the concept of marriage in Islam?
The paper defines marriage as a "highly religious sacred covenant" and a civil contract, noting that while standard marriage exists, there is also a minority-practiced form called Nikah Mut’ah.
What insight does the paper provide on the legal challenges in Nigeria?
The paper highlights the tension between federal Nigerian law and the state-level reintroduction of Sharia, specifically discussing the religious diversity of the population and the potential for civil unrest.
What does the author conclude about the future of Sharia?
The author concludes that because the abolishment of Sharia is often viewed as religiously forbidden, a potential path forward involves reinterpreting traditional sources to fit the demands of a modern society while remaining within an Islamic framework.
- Quote paper
- Corinna Standke (Author), 2008, Sharia - The Islamic Law, Munich, GRIN Verlag, https://www.grin.com/document/113665
