Islamic Shariah

[Danyal]

1. What is the Islamic Shariah?

The Islamic Shariah is the Islamic law which applies to all aspects of the life of a Muslim. The Shariah includes all aspects of life, from daily activities, ibadah (worship), criminal law and everything else. It is obligatory on every Muslim to respect and follow the Islamic Shariah in every aspect of their life. It is also obligatory on Muslim nations to implement the Islamic Shariah, and make it the source of all law and legislation.



2. What are the sources of the Shariah?

The main sources of Shariah as explained by the scholars are the following:

The Holy Qur'an
The Sunnah of Prophet Mohammad (peace be upon him)
The ijma' (consensus) of Islamic scholars
The ijtihad (opinion of the Islamic scholars based on their knowledge and research)
For a Muslim, all matters, laws and legislation must be according to the Islamic Shariah to be acceptable. The previously mentioned sources of the Shariah must be used in the order they were given. A verdict on any issue is first researched in the holy Qur'an, then the Sunnah of Prophet Mohammad (pbuh). If no verdict can be found in these two sources, then the scholars of Islam must look at the issue, research and study it, and come up with a suitable verdict.

Islamic scholars have their own scientific methods that they follow in order to extract a verdict. This science is called usool al fiqh, and is a very large subject that can be studied in hundreds of Islamic books.



3. Why should Muslims implement the Islamic Shariah in their lives?

The Islamic Shariah represents the will of Allah (swt) and His messenger Mohammad (pbuh). As Muslims, we must go about all matters according to the will of Allah (swt). In the holy Qur'an, Allah (swt) has revealed to humanity many verdicts and solutions to many of the problems faced by us. In order to be a true beleiver in Allah (swt), and in order to worship Allah (swt) only, we must follow the guidance of Allah (swt).

The holy Qur'an also instructs us to follow the messenger of Allah (swt), prophet Mohammad (pbuh). There are many ayat to this effect, which are discussed under a separate article. Therefore, the will of Allah (swt) is for us to worship Him by following His guidance as revealed in the holy Qur'an and in the Sunnah of prophet Mohammad (pbuh).

Finally, there are many issues that are not covered by the holy Qur'an and the Sunnah. However, the Qur'an and the Sunnah provide the necessary guidelines to allow Muslims to come up with proper verdicts for any and all issues. Therefore, when a verdict about a certain issue is not found in the Qur'an or the Sunnah, the scholars of Islam research this issue and come up with the best possible verdict to make the life of Muslims easier and keeping in mind the best interest of the Islamic Ummah.

Therefore, all Muslims should live their lives according to the Islamic Shariah. Muslim nations should strive to implement the Islamic Shariah in all matters. All laws, legislation, trade, politics and all other matters should be conducted according to the Shariah.

Many nations today rely in their so called "constitutions" on foreign systems of law. Many nations where the majority of inhabitants are Muslims derive their law from western systems of law, such as French or British law. This includes all matters including criminal law and even family law!

How can we continue to abandon the law of Allah (swt) and rely on the man made law?

4. What is the evidence that we must follow Shariah from the Holy Qur'an?

First of all, it should be very clear to anyone that since Allah (swt) has revealed the holy Qur'an, and has sent prophet Mohammad (pbuh) and ordered us to follow him, then obviously Allah (swt) expects us to follow this guidance. However, in addition to this, Allah (swt) has revealed the following ayat:




و من لم يحكم بما أنزل الله فأولئك هم الكافرون

“And whoever does not judge by what Allah revealed, then they are Kafirun.”

Surat Al-Maidah, Ayah 44

وأن احكم بينهم بما أنزل الله و لا تتبع أهوائهم وأحذرهم أن يفتنوك عن بعض ما أنزل الله إليك فإن تولوا فاعلم أنما يريد الله أن يصيبهم ببعض ذنوبهم و إن كثيراً من الناس لفااسقون

“And this (He commands): ‘Judge thou between them by what Allah has revealed and follow not their vain desires but beware of them lest they beguile you from any of that (teaching) which Allah has sent down to you.’ And if they turn away be assured that for some of their crimes it is Allah's purpose to punish them. And truly most men are rebellious.”
Surat Al-Maidah, Ayah 49

أفحكم الجاهلية يبغون و من أحسن من الله حكماً لقوم يوقنون

“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?”
Surat Al-Maidah, Ayah 50


These verses clearly show that it is an obligation on all Muslims to believe in, implement and follow the Islamic Shariah in all matters in their lives.



5. What about non-Muslims living in a Muslim nation?

From the same ayat quoted above (ayat 40 - 50 of surat Al-Maidah), we find that non-Muslims can practice and implement their own system of law within a Muslim society. Islamic Shariah law is not to be implemented or forced upon non-Muslims.

May Allah (swt) guide us all.

[Zahid]

Salams,
Good essay !!! But the thing is inorder to implement theocracy tell me which of the 5 school of thoughts can be implemented.And how we Pakistanis can be united
without a proper Leader whose knowledge,moral character and his love for implementation of sharia is not objectionable??? A little hard to find such Pakistani leaders isnt it,or not !!!! you decide !!!