Sharia Law

Michael

歌舞伎
Valued Senior Member
Where exactly does Sharia Law come from? Is it written down and set in stone or is it just a mix of whatever some Religous person thinks should be the law? Is it the same from country to country?

I see Pakistan is getting rid of some of the stupid Sharia rules concerning rape - which is good.

Michael
 
Where exactly does Sharia Law come from? Is it written down and set in stone or is it just a mix of whatever some Religous person thinks should be the law? Is it the same from country to country?

I see Pakistan is getting rid of some of the stupid Sharia rules concerning rape - which is good.

Michael

I've already discussed this elsewhere, but here it is again:
The law system inspired by the Koran, the Sunna, older Arabic law systems, parallel traditions, and work of Muslim scholars over the two first centuries of Islam. Sharia is often referred to as Islamic law, but this is wrong, as only a small part is irrefutably based upon the core Islamic text, the Koran. A correct designation is "Muslim Law" (i.e. the law system of the Muslims), or "Islam-inspired", "Islam-derived," or even "the law system of Muslims."
This is well known to most Muslims, yet Sharia is always referred to as "based upon the Koran", hence it is the "will of God."

One sees traces of many non-Muslim juridical systems in the Sharia, such as Old Arab Bedouin law, commercial law from Mecca, agrarian law from Madina, law from the conquered countries, Roman law and Jewish law.

Also, calling the Sharia 'law' can be misleading, as Sharia extends beyond law. Sharia is the totality of religious, political, social, domestic and private life. Sharia is primarily meant for all Muslims, but applies to a certain extent also for people living inside a Muslim society. Muslims are not totally bound by the Sharia when they live or travel outside the Muslim world.


The regulations of the Sharia can be divided into two groups:

1. regulations on worship and ritual duties
2. regulations of juridical and political nature

But despite this, many parts of the Sharia have no or little importance in most Muslim societies, except in those that have gone through a phase of Islamization (Sudan, Iran, Saudi Arabia, and to some extent Libya). But the Sharia has much importance in domestic judicial fields like family, marriage and inheritance.

In Sunni Islam, there are four schools, madhhab, which all coexist in peace. No war has ever been fought over the issue of different schools, and students of religious subjects in most Muslim countries have to learn about all four schools. It is in many cases permissible to use a law from another school, if one feels that it is more appropriate. All schools have a lot in common, but there are many cases where the same act is regarded very differently. For the very same issue the schools can stretch from classifying things to be everything between forbidden and meritorious.

Fiqh is the science of Sharia, and is sometimes used as synonymous with it. Fiqh is collected in a number of books which are studied by students and used by the ulama. These books are studied and interpreted according to rules found in school, madhhab, the student or learned man belongs to. But most people belonging to the ulama cannot interpret freely the fiqh- books, this is a right reserved for the mufti, who can issue fatwas, 'legal opinions'.

And no, it's not the same everywhere, since there is no rule about how much or what part of the Sharia needs to be followed.

http://news.bbc.co.uk/2/hi/africa/621126.stm
 
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