FAQ: Sharia And Laws Monday, February 13, 2012

SHARIA

71. What is Sharia?

The term Sharia comes from an Arabic word meaning “path to the water,” which reflects the concept that Sharia is divine guidance drawn mainly from the Qur’an and Sunnah (teachings and guidance of Prophet Muhammad) for the purpose of helping humanity draw close to God and live in kindness and justice with His Creation. The term Sharia is used by Muslims to refer to the values, code of conduct, and religious commandments or sacred laws which provide them with guidance in various aspects of life.

While Sharia is often translated as “Islamic law,” a more accurate term for “Islamic law” in Arabic is fiqh, which refers to the human endeavor to interpret and apply Sharia.

72. What are the sources of Sharia and how is it interpreted?

Sharia is derived from the Qur’an and Sunnah (prophetic tradition) by qualified scholars who use an interpretative process that includes qiyas (reasoning by analogy) and ijma (scholarly consensus) and also relies on precedent. This process of interpreting Sharia is called fiqh in Arabic, which means “deep understanding.” Fiqh is determined by qualified religious scholars who use their knowledge, understanding, and individual judgement to interpret religious law, often arriving at different conclusions with their interpretations. Fiqh is an interpretation of Sharia and, like halakha or Jewish law, is an ongoing effort and process. Because much of Sharia is interpretative, it has a degree of flexibility that allows it to function in different societies and cultures. Thus, Islamic law or fiqh has historically functioned in diverse areas in the world, generally with a demonstrated record of tolerance and pluralism towards other cultures and religions.

73. What issues does Sharia address?

Sharia addresses both personal and communal aspects of life. For the most part, Sharia is concerned with personal religious observances such as prayer and fasting.

Sharia can be divided into two broad areas:

• Guidance in religious worship (ibadat), which is the central focus of Islam.
• Guidance in worldly matters (mu’amalat) such as visiting the sick, taking care of our parents, marriage, inheritance, investments and business affairs, etc.

It can be further divided into three more specific areas, some of which apply to Muslim Americans and some of which do not:

• Religious worship and ritual: Muslim Americans practice their acts of worship (prayer, fasting, pilgrimage, etc.) or rituals in the same manner as people of other faiths.
• Private social interactions (marriage, business, etc.): All religions have rules for marriage and ethical economics. These are private and voluntary, so Muslim Americans follow Islamic standards for these within the limits of American secular law. For example, civil law prohibits having more than one wife, so Muslim Americans must abide by this law (since Sharia recommends monogamy, this isn’t a problem). There are other aspects of marriage laws such as the mahr (gift from the husband to the wife) or the religious marriage contract which Muslims do observe. Since the Constitution allows such practices for all religions, it is also acceptable to practice this aspect of Sharia in America.
• Public law issues (criminal law, war and peace, etc.): These have no application in the U.S. Islamic scholars formulated rules in this area for Muslim-majority societies in other historical situations. But Sharia requires Muslims to obey “the law of the land” of the country they live in. The “law of the land” in the U.S. is the Constitution. Sharia requires Muslim Americans to support and follow the Constitution in all matters related to public law. Most aspects of Sharia are not meant to be government-enforced, because Sharia is largely a matter of conscience.

74. What types of Muslims follow Sharia?

Any observant Muslim would consider him or herself to be Sharia-adherent. It is impossible to find a Muslim who practices any Islamic ritual and does not believe himself or herself to be complying with Sharia.

75. How does sacred law such as Sharia interact with secular law?

Almost all religions have some kind of sacred law. Sacred law derives its authority from God or the religion’s founder, appeals to the heart and conscience, and is a spiritual guide for the believer.

In America, the religion clauses of the First Amendment state that the government must protect itself from the imposition of any religion while at the same time protecting people’s rights to practice their own religion. (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”) This means that, in the United States, individuals, families, and religious and private groups are free to follow their own sacred laws, as long as:

• they do so voluntarily,
• people are free to join or leave these groups, and
• the freedom and rights of others are respected.

Secular law also provides parameters or limits on following sacred law, to ensure that the public interest is protected (e.g., the United States prohibited Mormons from practicing polygamy).

76. How do American democracy and Sharia relate to each other?

American democracy is based on the Constitution. The Constitution protects rights such as religious freedom, privacy, and private property. The Constitution allows people to follow their conscience as it relates to culture, behavior, and lifestyle, so long as they respect others’ rights and their actions are compatible with the common good.

Muslim Americans can follow Sharia (Islamic values and way of life) in the same way that adherents of other religions follow their sacred laws, values, and lifestyles. The basic parts of Sharia (rituals, marriage and family life, charity and ethical business practices) are private and voluntary.

77. Is Sharia being substituted for the U.S. Constitution?

Since Muslims make up 1 to 2% of the American population there is little danger of Sharia being substituted for U.S. law in American courts nor is there evidence that anything of the sort is happening or even is being contemplated. However, the First Amendment clearly provides protection for the free exercise of religion, which includes protecting the rights of Muslims, as of Jews and Christians, to observe their own laws in matters of faith, including the adherence to rules regarding personal worship and some family laws. However, no religious law can supersede state or federal law. Moreover, Sharia commands Muslims to abide by the law of the land in which they reside.

78. What is a fatwa?

Fatwa is an Arabic term that means a ruling or legal opinion that has been deduced by a qualified Islamic scholar (or someone claiming authority in Islam) on issues pertaining to Islamic law that generally have not been previously decided. Since these opinions are non-binding, Muslims are free to choose whether or not to follow them.

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