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Muslim Sharia Law

Muslim Sharia Law

Introduction to Muslim Sharia Governance

In simple terms, Muslim Sharia Governance means governing under the law prescribed by Allah (SWT) and His messenger, Muhammad (PBUH). The law, also known as Islamic Sharia, consists of guidelines to resolve various issues related to personal and professional life as well as a list of punishments to be inflicted upon criminals who commit serious offenses like murder, stealing, adultery, drinking alcohol, and physical abuse at home. Without these guidelines, it would be extremely difficult to provide justice to people, particularly women, who mostly remain at home and are sometimes deprived of even basic education to get enlightenment on their rights in Islam.

The Prophet (peace be upon him) said: “The greatness of the reward is tied to the greatness of the trial. When Allah loves a people, He puts them to the trial. Whoever is acceptant of it will have Allah’s acceptance and whoever is displeased and unacceptant with it will gain Allah’s displeasure.” – Reported by At-Tirmidhi, Hadeeth.

Muslim And Sharia Law

Two sets of eyes have been forbidden from the Fire: an eye that weeps from the fear of Allah, and an eye that has spent the night protecting Islam and its people from the people of disbelief. – Reported by Saheeh Al Jaami, Hadeeth.

Muslim And Sharia

There is a proper framework for this type of governance if it is to be implemented in a country. It is important to understand and study this framework in order to completely execute the guidelines prescribed in Muslim Sharia law. Sharia has a direct influence on the governance where it is used or implemented. Without an understanding of the intricacies of Sharia, it is literally impossible to run the legal system and offer a platform of justice to people living together as a society.

Allah’s Messenger (may peace be upon him) said : The people most loved by me from amongst my Ummah would be those who would come after me but everyone amongst them would have the keenest desire to catch a glimpse of me even at the cost of his family and wealth. – Reported by Muslim, Hadeeth.

Muslim Religion And Sharia Law

Prophet Muhammad (peace be upon him) said: “The best of you are those who are slow to anger and swift to cool down. Beware of anger, for it is a live coal on the heart of the descendants of Adam.” – Reported by At-Tirmidhi, Hadeeth.

Muslim Religion Sharia Law

Governance could be either limited to certain communities or have a wide spectrum covering a couple of neighboring countries or an entire nation. Presently, Muslim Sharia Governance exists only partially in different regions of the world. Even in a single Muslim majority country, the framework has not been fully implemented due to foreign pressures and domestic controversies. There is not a single country in this world where only one religion is practiced. People in minority are present everywhere and to protect the rights of these people, it sometimes becomes difficult to execute the punishments prescribed in the Muslim Sharia.

Allah’s Messenger (may peace be upon him) said: The most despicable amongst persons in the eye of Allah is one who tries to fall into dispute with others (for nothing but only to display his knowledge and power of argumentation).
– Reported by Muslim, Hadeeth.

Muslim Sharia Council

All believers are but brothers, therefore seek reconciliation between your two brothers, and fear Allah, so that you may be blessed with mercy. – The Holy Quran [49:10]

Muslim Sharia Law

Sharia guidelines and principles are in accordance with the modern economic system with a few exceptions. However, some economies of the world would suffer if complete Sharia principles are implemented. First off, the banking system that exists today would collapse because of the prohibition of interest in Islam. Probably because of this reason, Islamic Sharia is not executed completely anywhere. If it were possible to implement Muslim Sharia Governance in a country, there would have been no injustice in the society and zero crime rates.

Beware also of the prayer of the oppressed, for there is no veil between such a prayer and Allah. – Reported by Bukhari, Hadeeth.

Muslim Sharia

To Allah belongs the East and the West. So, whichever way you turn, there is the Face of Allah. Indeed, Allah is All-Embracing, All-Knowing. – The Holy Quran [2:115]

Muslim Shariah

If you want more information on this topic and would like a comprehensive report on how this type of governance can be implemented, log on to Muslim Sharia and browse through various topics to find exactly what you are looking for. This is a complete resource guide for beginners as well as experts of this field and students who need to produce an academic paper on the topic. Get all your queries answered in a matter of minutes.

Prophet Muhammad (peace be upon him) was asked what type of earning was the best, and he replied: “A man’s work with his hands and every (lawful) business transaction.” – Reported by At-Tirmidhi, Hadeeth.

Sharia The Muslim Legal System

This post originally appeared “Introduction to Muslim Sharia Governance

The True Spirit of Muslim Sharia Faith and Law

Muslim Sharia is based on a set of instructions laid by the Quran and Hadith or Sunnah of the Prophet Mohammad (PBUH) to become a law. Muslim Sharia or Islamic Law is composed of five main sections: Adab (behavior, morals and mannerisms), Ibadah (worship), I’tiqadat (beliefs), Mu’amalat (transactions and contracts and routine affairs) and ‘Uqubat (punishments). The ethical, moral, physical worship, beliefs, everyday transactions including financial matters and punishments are all defined according to the instructions given in the Quran and Sunnah.

I heard the Messenger of Allah say : What I have forbidden to you, avoid; what I have ordered you [to do], do as much of it as you can. It was only their excessive questioning and their disagreeing with their Prophets that destroyed those who were before you. – Reported by Bukhari & Muslim, Hadeeth. 

Muslim And Sharia Law

And yet there are some people, who replace Allah with rivals, loving them as Allah is loved. But the believers love Allah more intensely. – The Holy Quran [2:165]

Muslim And Sharia

Muslim Sharia has its foundation laid on the five pillars of Islam. These five pillars are the basic grounds on which the whole religion depends. These five pillars are; Tauheed or Oneness of Allah, Salah or Prayer, Saum or Fasting, Zakat or Obligatory tax and Hajj or Pilgrimage. These five pillars determine how steadfast a Muslim is towards his deen or religion. After practicing these five pillars general mannerisms and social behavior holds immense importance. How well you behave with others and how well you treat elders and younger ones. This makes Muslims righteous and increase their imaan or faith in Allah. Routine transactions and affairs are also dealt in the light of Quran and Sunnah. Muslim Sharia faith and law provides Muslims with a complete code of life so that they can righteously follow Islam.

Oh Allah, grant me your love, grant me that I love those who love you; grant me, that I might do the deeds that win your love. Make your love dearer to me than the love of myself, my family and wealth. – Reported by At-Tirmidhi, Hadeeth.

Muslim Religion And Sharia Law

The Messenger of Allah (peace be upon him) said, “Perform Salah more often. For every prostration that you perform before Allah, He will raise your position by one degree and will remit one of your sins”. – Reported by Muslim, Hadeeth.

Muslim Religion Sharia Law

The concept of Tauheed, which is believing in One Allah and only worshipping Him. This concept provides the foundation on which the whole building of Islam rests. It is the firm belief of Muslims that Allah is one and there is no one comparable to Him.

But whoever is (too) blind in this (world to see the right path) will be (too) blind in the Hereafter (to reach the salvation), and much more astray from the path. – The Holy Quran [17:72]

Muslim Sharia Council

Say, “Who is there to protect you from Allah, if He intends evil to you, or (who is there to prevent Him) if He intends mercy for you?” Beside Allah, they will not find for themselves either a friend or a helper. – The Holy Quran [33:17] 

Muslim Sharia Law

This faith in Oneness of Allah is the first law defined in the Quran and Sunnah. After Tauheed, the essential pillar of Muslim Sharia faith and law is the Salah or prayer. If Muslims believe that there is one God then they need to worship one God. Salah holds immense importance in Islam as it protects Muslims from all other evil doings. Saum or Fasting is observed in the month of Ramadan which purifies the Muslims physically and mentally. Zakat is the obligatory right of poor Muslims who are in dire need of basic amenities of life like food, clothes, shelter and medical aid. Lastly, Hajj needs to be performed once in a lifetime at least if a Muslim is capable of doing it both physically and financially. When these five pillars of Islam are followed, the faith in Allah strengthens more and these laws give firm faith to believers.

So, be patient. Surely Allah’s promise is true, and let not the disbelievers shake your firmness. – The Holy Quran [30:60]

Muslim Sharia

Do people think that they will be left (at ease) only on their saying, “We believe” and will not be put to any test? – The Holy Quran [29:2]

Muslim Shariah

Muslim Sharia Council is an advisory for Muslims especially living in United Kingdom. It is a platform where Muslims submit their queries and get relevant answers. An in depth content is displayed in the form of articles which would enhance the wisdom and spirit of Muslims. They would know their religion more and comprehend the basic rules and principles set by Islam. It is very important to completely understand your religion. If there are any ambiguities, then it needs to be resolved.

Say: “Whether you conceal what is in your hearts or reveal it, Allah will know it.” He knows what is in the heavens and what is in the earth. Allah is powerful over everything. – The Holy Quran [3:29] 

Sharia The Muslim Legal System

Allah’s Messenger (may peace be upon him) said: The Paradise is surrounded by hardships and the Hell-Fire is surrounded by temptations. – Reported by Muslim, Hadeeth.

The Muslim shariah

This post originally appeared “The True Spirit of Muslim Sharia Faith and Law

What is Islamic Shariah System?

Shariah refers to the set of instructions being imposed on the Muslims. The source of Islamic Shariah comes from two major and most important sides that are Quran and Sunnah. The Holy Book Quran the words of Allah Almighty which are not allowed to be altered and have not been altered since the inception of the world.

“Verily, this Qur’an guides to that which is best, and gives glad tidings to the believers who do good that theirs will be a great reward.” (Qur’an, 17:9)

Muslim And Sharia Law

“We have revealed the Remembrance [Qur’an] to you that you may explain to people that which was revealed for them.” (16:44)

Muslim And Sharia

Whatever that has been said the in the Quran is accurate and final and directly supervised by Allah. The Islamic Shariah constitutes sayings from the Holy book Quran. Sunnah is described as the practical example of Quran. All the practical implications of the Holy Book Quran by Prophet Muhammad (PBUH) are included in Sunnah. Sunnah is also the vital part of Islamic Shariah and its importance has also been highlighted in few verses of the Quran. The Sunnah has been preserved in Hadith and the literature of sayings, actions and dealings of Prophet Muhammad (PBUH).

“Allah does not seek to place a burden on you, but that He purify you and perfect His grace upon you, that you may give thanks.” (5:6)

Muslim Religion And Sharia Law

The Prophet (SAW) said, “None is more patient than Allah against the harmful and annoying words He hears (from the people): They ascribe children to Him, yet He bestows upon them health and provision.
– Reported by Bukhari, Hadeeth.

Muslim Religion Sharia Law

The Quran and Sunnah covers all the topics related to the complete course of life. All the issues related to the rights of men, women and the community on whole, the legal regulations leading the economical and political issues, the rules and regulations for interacting with a non Muslim, rules of doing business and dealing with people, the act of what is wrong and what is right and the complete standard and scale of leading a perfect and true life.

The Prophet (pbuh) said, “Allah said, “I have prepared for My righteous slaves (such excellent things) as no eye has ever seen, nor an ear has ever heard nor a human heart can ever think of. – Reported by Bukhari, Hadeeth.

Muslim Sharia Council

“Our Lord, give us good in this life and good in the next, and save us from the punishment of the Fire.” (2:201)

Muslim Sharia Law

There has been different school of laws governing the Islamic Shariah based on the Hadith being interpreted by different scholars. The difference in the interpretations and explanations lead to the development of different school of thoughts. There are generally five categories according to which the Shariah has been interpreted. These five categories are Fard, Mustahabb, Makruh, Mubah and Haraam. These are the standards which have been set according to which each act is defined in each of the discussed category.

Allah’s Messenger said, “When a woman observes the five times of prayer, fasts during Ramadan, preserves her chastity and obeys her husband, she may enter by any of the gates of Paradise she wishes.” – Reported by At-Tirmidhi, Hadeeth.

Muslim Sharia

Say, “My prayer, my offering, my life and my death are for Allah, the Lord of all the worlds.” – The Holy Quran [6:162]

Muslim Shariah

Fard refers to the obligatory actions which are imposed in every Muslim to follow that includes saying five times prayer daily, observing fast, observing Hajj once in lifetime etc. Mustahabb includes the actions and behavior which is recommended under Islamic Shariah including the rights of marriage and family etc. Mustahabb describes the perfect code of conduct and ethics to be adopted by Muslim men and women in order to spend a happy life. Makruh is categorized for such acts which are discouraged by the Quran and Sunnah to attempt. Such acts include robbery, sin or any criminal activity.

Righteousness is good morality, and wrongdoing is that which wavers in your soul and which you dislike people finding out about. – Reported by Muslim, Hadeeth.

Sharia The Muslim Legal System

For each We have appointed a divine law and a traced-out way. Had God willed, He could have made you one community. But that He may try you by that which He has given you. So vie one with another in good works. Unto God you will all return, and He will then inform you of that wherein you differ. – Qur’an, 5:48

The Muslim shariah

Islamic Shariah defines particular punishments for such unlawful acts. Mubah is the neutral category which neither recommended nor appreciated and neither forbidden under the system of Islamic Shariah. Haraam actions are those acts which are strictly forbidden to be followed by the Holy book Quran and Sunnah and explicitly defined and Haraam. It includes certain eating material and sinful acts. All the Muslims are required to follow the Islamic Shariah system to have a life excluding the sins and criminal activities being described under the Islamic Shariah system.

This post originally appeared “What is Islamic Shariah System

What you need to know about Muslim Shariah?

Muslim Shariah is he Islamic name for the rules and laws which govern Islam. Shariah includes all the saying, actions and dealings of the Holy Prophet (PBUH) and is principally derived from the Holy book Quran and Sunnah. Shariah is a complete code of conduct and set of instructions which are bestowed upon the Muslims in order to lead them to a meaningful and successful life. Shariah covers a wide sort of issues which anyone can face while living a standard life. It includes laws related to public and private issues, political and economical issues, family issues and even the tiniest of dealings which take place in a society.

“Do not despair of God’s mercy; He will forgive you of all your sins.”Quran 39:53

Muslim And Sharia Law

Abdullah Ibn’Abbas reported that The Prophet said,”The believer is not he who eats his fill while his neighbour is hungry. (Authenticated by Al-Albani, Al-Adab Al-Mufrad Al-Bukhari, Hadith 112)

Muslim Sharia Council

The Prophet (PBUH) is considered to be the most virtuous believer among Muslims and he being the most precious messenger of Allah became an example on how to spend life. His teachings, actions and sayings were written by the scholars which is called the Hadith. The hadith from different scholars then combined and developed to form a complete book. Muslim Shariah has been derived from Hadith which is a mirror of how Prophet (PBUH) led his life and dealt with each and every issue pertaining in the community.

Anas reported that the Prophet (PBUH) said, “It a Muslim plants a tree or sows seeds, and then a bird, or a person or an animal eats from it, it is regarded as a charitable gift (sadaqah) for him.” [Sahih Bukhari]

Muslim Sharia

One of the greatest pieces of advice given by the Prophet ?(PBUH) was: “The most beloved actions to Allah are those performed consistently, even if they are few.” [Sahih Bukhari]

Muslim Shariah

There exist numerous interpretations of Shariah laws which are explained by different Mullahs. The interpretations of Shariah can be different but the main essence of it remains the same. Marriage and divorce is well explained in Shariah according to which certain ‘Hadood’ are laid upon the couple which are to be followed in order to lea a true and orderly marriage life. It the Hadoods are not followed then the particular person is subjected to punishment according his breach. Shariah also explains about the actions which are considered to be superfluous and fall under criminal activity. Every criminal activity is subjected to certain punishment and the level of punishment is defined by the level of criminal activity performed by the person following Shariah.

“We (ALLAH) have certainly sent down Signs that make things clear: and God guides whom He wills to the straight path.”Quran 24:46

Muslims And Sharia

“If Allah puts anyone in the position of authority over the Muslims’ affairs and he secludes himself (from them), not fulfilling their needs, wants, and poverty, Allah will keep Himself away from him, not fulfilling his need, want, and poverty.” [Abu Dawud]

Muslim Religion And Sharia Law

Moreover Muslim Shariah also explains about the political dealing and proceedings. Lately there has been a debate over comparison between Shariah and Secularism. There has also been a conflict of thought between different schools of thought regarding Shariah Vs Democracy. According to one school of thought, Democracy is a political concept purely evolved by west and is based in the western system. Whereas the Islamic school of thought argues that democracy has been evolved out of the teachings of Quran and is a part of Muslim Shariah as Quran laid huge importance on the equality of rights and mutual consent while choosing the ruler or emperor. Some Islamic scholars also say that the Shariah can be best practiced through secular government.

The Prophet (PBUH) said, “If anyone fulfills his brother’s needs, Allah will fulfill his needs; if one relieves a Muslim of his troubles, Allah will relieve his troubles on the Day of Resurrection.” [Sahih Bukhari and Muslim]

Muslim Religion Sharia Law

“None of you truly believes (in Allah and His religion) until he loves for his brother what he loves for himself.” [Sahih Bukhari and Muslim]

Sharia The Muslim Legal System

There has been a movement according to which it has been taken into account whether to enforce the teachings and prescription of Muslim Shariah into the West too as Shariah defines complete and ideal rules regarding marriage, divorce, custody, politics related dealings, equal rights and every aspect of life. There are various Muslim countries which follows Muslim Shariah to govern the legal code inside their country. The Islamic Shariah is continued to spread in many counties now because the West has started realizing about the real payback of implementing and following Shariah rules and regulations.

“I asked Allah’s Messenger (PBUH) which deed was best.” He (the Holy Prophet) replied: “The prayer at its appointed hour”. [Sahih Muslim]

The Muslim Sharia Legal System

“There are two blessings which many people lose: (They are) health and free time for doing good.” [Sahih Bukhari]

The Muslim Shariah

This post originally appeared “What you need to know about Muslim Shariah

 

Sharia Courts and European Conception: Norms and Reality

Sharia law is a set of laws, which form the basis of an Islamic society, shaping the civil structure of an Islamic society in terms of political, civil, criminal, economic and domestic matters. It is a set of laws which are devised in light of teachings in Quran and Hadith, apart from various techniques prescribed for a situation if a solution to a particular situation is not given in Quran or Sunnah. These techniques, i.e. fiqh, include Ijmah, Qiyaas, Istisna and Urf etc.

‘A’isha reported Allah’s Messenger (may peace be upon him) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.
(Sahih Muslim 18:4266)

Muslim Sharia

Narrated Abu Huraira: Allah’s Apostle said, “Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him, disobeys me.
(Sahih Bukhari 9:89:251)

Muslim Shariah

The basic purpose of a Sharia court is to bring justice to any situation, in light of Islamic law and jurisprudence. One of the ongoing debate regarding legalizing Sharia court is its compatibility with secular courts for various topics like women’s rights, human rights, civil issues, freedom of expression and preferences of Hudood punishments etc. In many secular and non-Muslim countries, there is a high rise given to this perception that Muslim sharia court is inflexible in providing justice in such matters. However, if we look deeply into the essence of a sharia court, it is all about providing justice and there is no room for leniency when it comes to providing justice.

Narrated ‘Abdullah: The Prophet said, “A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it.
(Sahih Bukhari 9:89:258)

Muslim Shariah (Image)

Say: “Shall I seek for judge other than Allah? – when He it is Who hath sent unto you the Book, explained in detail.” They know full well, to whom We have given the Book, that it hath been sent down from thy Lord in truth. Never be then of those who doubt.
(Qur’an 6:114)

Muslim Sharia (6)

Talking especially of European culture, with the rapid rise in Muslim community and their demanding rights for legalizing sharia law, various norms have been attached to Sharia law to be non-compatible to secular set of laws, which vary from country to country. Here one must keep this in mind that Sharia law is not an imposition of laws, but is a set of “guidelines”, which being a Muslim one has to abide by. If he or she violates those laws, he or she is responsible for contaminating society, and thus is subject to punishment.

And this (He commands): Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured that for some of their crime it is Allah’s purpose to punish them. And truly most men are rebellious. Do they then seek after a judgment of (the days of) ignorance? But who, for a people whose faith is assured, can give better judgment than Allah?
(Qur’an 5:49-50)

Muslim Sharia (9)

“And do not kill a soul that Allah has made sacrosanct,
Save Lawfully.”
(Qur’an 6:151)

Muslim Sharia (7)

While analyzing Sharia law and European law, there are many differences which may arise. This is because Islam doesn’t gives concrete rules to follow, rather gives you the open choice to determine and change laws, in accordance with cultural differences and changing times. This is made possible with various guidelines prescribed by Islam as mentioned above(Istisnah, ijmah, qiyaas, etc.). The common norm attached to Sharia law by European culture is its inflexibility. However, the basic essence of Sharia law is modification, which totally negates the so-called European claim.

We have sent down to thee the Book in truth, that thou mightest judge between men, as guided by Allah: so be not (used) as an advocate by those who betray their trust;
(Qur’an 4:105)

Muslim Sharia (8)

Narrated Aisha: Allah’s Apostle said, “If somebody innovates something which is not in harmony with the principles of our religion, that thing is rejected.”
(Sahih Bukhari 3:49%

Muslim Sharia (3)

Even though there has been a great uproar after he murder of famous cartoonist Theo Van Gogh, Muslim sharia law and Muslim Sharia court continues to flourish in most of European nations. In Germany, there are separate courts which deal with Muslim community issues, and their issues are resolved in light of Muslim Sharia, even if the judge is a non-Muslim. reports claim there are more than 85 Sharia courts in United Kingdom which have been operating since 1980s.

Nothing in the law of England and Wales prevents people abiding by Sharia principles if they wish, provided their actions do not conflict with English and Welsh law
(Ministry of Justice)

Sharia Law and European Conception

When they are summoned to Allah and His messenger, in order that He may judge between them, behold some of them decline (to come). But if the right is on their side, they come to him with all submission.
(Qur’an 24:48-49)

Sharia Law

In all European countries, Sharia courts act as a volunteer, where anyone (even Non-Muslims) can approach to solve their domestic and civil problems. The problem is that European law structure doesn’t allows cases of political, sical and economical scope to be solved in Sharia court even for willing Muslims. However, the case in Islamic countries like Saudi Arabia, Oman, Pakistan and other OIC countries is totally different where Sharia Law is a vital part of shaping the country’s constitution.

This post originally appeared Sharia Courts and European Conception: Norms and Reality