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Writer's pictureEdward D. Andrews
3 days ago10 min read

The Foundations of Shariah Law in Islamic Tradition

Updated: 2 days ago



The Triad of Islamic Instruction and Enlightenment


  1. The Holy Qurʼān: Considered the divine scripture of Islam, the Qurʼān is believed to have been revealed to Prophet Muhammad by the Angel Gabriel over a period of 23 years. The Qurʼān, in its original Arabic form, is regarded as the literal word of God, embodying divine wisdom and guidance for matters of faith, life, and beyond. The eloquence, depth, and profound significance of its verses are viewed as divinely inspired, offering a spiritual and moral compass for Muslims worldwide.

  2. The Ḥadīth, or Sunnah: This refers to the collection of sayings, actions, and tacit approvals of Prophet Muhammad, compiled during the second century A.H. in the form of written ḥadīths. Each ḥadīth serves as a record of the Prophet's wisdom and conduct, providing practical examples of the application of Islamic principles. These teachings can also extend to the actions or sayings of Muhammad’s companions and their successors. Although the exact wording may not be divinely inspired, the meaning and teachings within each ḥadīth are viewed as guided by divine wisdom - as cited in 'History of the Arabs'.

  3. The Sharīʽah: This is the comprehensive Islamic legal system, derived primarily from the principles and teachings of the Qurʼān and supplemented by the Ḥadīth. Sharīʽah governs a Muslim's life in all dimensions - religious, political, and social, offering detailed guidelines for various aspects of life. As outlined in 'History of the Arabs', all actions under Sharīʽah law fall into five categories: obligatory duties (farḍ) that carry reward for compliance and punishment for neglect; commendable actions (mustaḥabb) that are rewarded but not punished if omitted; permissible actions (jāʼiz, mubāḥ), which carry no moral value; reprehensible actions (makrūh) that are discouraged but not punishable; and forbidden actions (ḥarām) that are explicitly prohibited and punishable.



Origin and Development of Shariah Law


  1. Quran and Sunnah as Primary Sources: Shariah law is rooted in the Quran, Islam's holy book, and the Sunnah, which comprises the teachings and practices of the Prophet Muhammad. These sources are considered divine guidance for personal conduct, social justice, and communal harmony.

  2. Historical Context: Shariah developed during the early Islamic caliphates, evolving with the expansion of the Islamic empire. The law adapted to diverse cultures and societies, absorbing local customs that did not contradict Islamic principles.



Jurisprudence and Interpretation (Fiqh)


  1. Role of Islamic Scholars (Ulama): The interpretation of Shariah law, known as Fiqh, is undertaken by Islamic jurists. These scholars analyze religious texts and use reasoning to issue legal opinions (fatwas).

  2. Schools of Thought: There are four major Sunni schools (Hanafi, Maliki, Shafi'i, and Hanbali) and several Shia schools of Fiqh. Each school differs in its methodologies and interpretations but shares the core principles of Islam.


Principles and Application


  1. The Five Pillars of Islam: Shariah encompasses the Five Pillars of Islam – faith, prayer, fasting, almsgiving, and pilgrimage. These practices are fundamental to Muslim life and signify submission to God’s will.

  2. Personal and Communal Ethics: Shariah provides guidelines for personal behavior and social interactions. It addresses family life, dietary laws, business dealings, and more, aiming to promote a just and moral society.



The Five Pillars of Islam: An In-depth Exploration


  1. The Testimony of Faith (Shahādah): This is the foundational creed of Islam, a simple yet profound statement: "There is no god but Allah; Muhammad is the messenger of Allah" (Surah 33:40). This declaration of faith is a conscious affirmation of monotheism and the acceptance of Muhammad as the final prophet in a long line of messengers sent by God.

  2. Ritual Prayers (Ṣalāt): Muslims are obligated to perform five daily prayers while facing the Kaaba in Mecca (Surah 2:144). These prayers, performed at dawn, noon, afternoon, sunset, and night, serve as a direct link between the worshipper and God. Each prayer consists of recitations from the Quran, supplications, and physical movements, exhibiting a holistic approach to worship.

  3. Almsgiving (Zakāh): This is a mandatory act of charity that requires Muslims to donate a specific portion of their income and the value of certain types of wealth to aid the needy (Surah 24:56). Zakāh is not merely a means of wealth redistribution, but also a spiritual practice that encourages generosity and helps purify one's soul.

  4. Fasting During Ramadan (Ṣawm): Muslims are required to abstain from food, drink, and other physical needs from dawn until dusk during the holy month of Ramadan (Surah 2:183-185). This fast is not merely physical, but also a time for spiritual reflection, increased devotion, and worship.

  5. The Pilgrimage to Mecca (Hajj): Every Muslim, provided they are physically able and can financially afford it, is required to make a pilgrimage to the holy city of Mecca at least once in their lifetime (Surah 3:97). This journey, known as the Hajj, is a powerful act of worship and one of the most profound demonstrations of Islamic equality and unity.



The Six Pillars of Islamic Faith: A Comprehensive Exploration


  1. Monotheism: The belief in the oneness of God, Allah, forms the bedrock of Islamic faith (Surah 23:116, 117). Allah is considered the creator of everything, omnipotent and merciful. This belief defines the relationship between a Muslim and their creator, emphasizing a life of obedience and worship.

  2. Angels: In Islam, angels are viewed as celestial beings created by Allah from light (Surah 2:177). They are sinless and are assigned various duties, including delivering Allah's revelations to prophets, recording a person's deeds, and taking souls at the time of death.

  3. Divine Scriptures: Muslims believe in the divine origin of several books that were revealed to different prophets throughout history. These include the Torah given to Moses, the Gospel to Jesus, the Psalms to David, the Scrolls of Abraham, and the Qurʼān, the final revelation given to Prophet Muhammad.

  4. Prophethood: Muslims believe in numerous prophets sent by Allah, each preaching the same core message of monotheism. The prophetic lineage began with Adam and included figures like Abraham, Moses, Jesus, and culminated with Muhammad, who is regarded as "the Seal of the Prophets" (Surah 4:136; 33:40). This signifies that no prophet will come after him, and the revelation of God's will is completed.

  5. The Day of Judgment: Islamic eschatology holds that there will be a Day of Resurrection when all humans who have ever lived will be raised from their graves for God's judgment. This includes a detailed account of each person's deeds in this life, followed by either reward (Heaven) or punishment (Hell).

  6. Predestination: The belief in divine preordainment, or destiny, is a crucial part of Islamic faith. Muslims believe that everything in the universe, good and bad, happens according to God's will. This belief asserts that God is the ultimate power over all creation and encourages Muslims to maintain trust in God's plan and wisdom.



Diverse Implementation


  1. Cultural Variations: The application of Shariah varies significantly across the Muslim world. Factors such as cultural traditions, historical context, and local customs influence its implementation.

  2. Contemporary Muslim Societies: In modern times, Muslim-majority countries have diverse legal systems. Some implement Shariah alongside civil law, while others use it as a primary source of legislation.


Controversies and Misconceptions

  1. Western Perceptions: In the West, Shariah is often misunderstood and associated solely with its punitive aspects. This limited perception overlooks its broader ethical and moral dimensions.

  2. Adaptation and Reform: Among Muslims, there is ongoing debate about the relevance and application of certain aspects of Shariah in the contemporary world. Discussions focus on issues like gender rights, democracy, and human rights.


Shariah law, grounded in Islamic tradition, is a comprehensive legal system guiding both personal conduct and social governance. Its interpretation and implementation are diverse, reflecting the broad spectrum of cultural and historical contexts within the Muslim world. Understanding Shariah in its entirety requires a nuanced approach that recognizes its spiritual, ethical, and legal aspects.



Radical Shariah and Its Impact on Society


Extreme Interpretations of Shariah Law

  1. Distortion by Extremist Groups: Radical Islamic groups often adopt extreme interpretations of Shariah law, emphasizing punitive measures and strict enforcement. They tend to focus on harsh corporal punishments and stringent social controls, overlooking the broader ethical and humanitarian aspects of Islamic law.

  2. Selective Application: These groups selectively apply Shariah, often ignoring the contextual and holistic interpretation provided by traditional Islamic jurisprudence. They prioritize a literalist and often anachronistic application of the texts.


Impact on Human Rights and Liberties


  1. Women’s Rights: Radical implementations of Shariah often lead to significant restrictions on women’s rights. Practices like forced marriage, denial of education, and limited public participation are justified under the guise of religious adherence.

  2. Minority Rights: Religious and ethnic minorities suffer under radical Shariah regimes. Non-Muslims and even Muslim sects deemed heterodox face discrimination, persecution, and violence.


Societal and Cultural Impact


  1. Suppression of Pluralism and Cultural Diversity: Radical Shariah tends to suppress cultural diversity and pluralism within Muslim societies. It imposes a monolithic interpretation of Islam, stifling cultural expressions and traditions that do not conform to its strict norms.

  2. Social Fragmentation and Conflict: The extreme application of Shariah can lead to societal fragmentation, stoking sectarian divides and escalating conflicts within and between communities.


Economic and Developmental Consequences


  1. Impediment to Development: Strict and radical interpretations of Shariah can impede social and economic development. They often restrict modern education, limit gender participation in the workforce, and discourage international cooperation.

  2. Impact on Global Perception: Nations or regions under radical Shariah law often face international isolation and economic sanctions, further exacerbating poverty and underdevelopment.



Radical Shariah in Governance


  1. Authoritarian Rule: Radical groups using Shariah for governance typically establish authoritarian regimes. They suppress dissent, control public life, and use religious policing to enforce their version of Shariah.

  2. Legal and Judicial Systems: In these systems, judicial proceedings lack transparency and fairness. Punishments are often severe, with accusations of blasphemy and apostasy being used to eliminate opposition.


Countering Radical Shariah


  1. Promotion of Moderate Interpretations: Countering radical Shariah involves promoting balanced and contextual interpretations of Islamic law. This includes highlighting Islam’s emphasis on mercy, justice, and the common good.

  2. International Cooperation and Advocacy: Global efforts to support human rights, gender equality, and religious freedom in regions under radical Shariah are crucial. Advocacy and aid can help empower marginalized groups and promote moderate governance.


Radical interpretations and applications of Shariah law have profound negative impacts on society, infringing upon human rights, stifling development, and causing societal strife. Addressing the challenges posed by radical Shariah requires a multifaceted approach that includes theological, educational, and diplomatic efforts, along with support for moderate and progressive Muslim voices.



Shariah Law in the Context of Modern Governance


Shariah and State Law: Coexistence and Conflict

  1. Integration in Muslim-Majority Countries: In many Muslim-majority nations, Shariah law coexists with civil law. The extent of its implementation varies, ranging from being a source of legislation to a more symbolic role in constitutionally secular states.

  2. Challenges of Integration: Balancing Shariah with modern legal principles can be challenging. Issues arise in harmonizing traditional Islamic jurisprudence with contemporary human rights standards, particularly regarding gender equality, freedom of expression, and minority rights.


Shariah in Secular and Non-Muslim Societies

  1. Adaptation in Multicultural Contexts: In secular or non-Muslim majority countries, Shariah often functions within personal and community spheres. It guides religious practices, family law, and ethical conduct without conflicting with the state legal system.

  2. Debate Over Shariah Courts: The establishment of Shariah courts in some non-Muslim countries has sparked debates about legal pluralism, integration, and concerns over parallel legal systems.


Contemporary Reform Movements

  1. Progressive Interpretations: There is a growing movement within Islam advocating for reformist interpretations of Shariah. These interpretations seek to align Shariah with modern democratic values, emphasizing principles of justice, equality, and public welfare.

  2. Role of Muslim Intellectuals and Jurists: Reformist Muslim scholars engage in ijtihad (independent reasoning) to reinterpret aspects of Shariah in light of contemporary challenges. They focus on the spirit and objectives (maqasid) of Shariah, advocating for adaptability and contextualization.


Governance and Rule of Law

  1. Shariah as a Framework for Governance: In some Muslim-majority countries, Shariah provides a framework for governance, informing policies and legislation. The challenge lies in ensuring that governance under Shariah upholds universal human rights and democratic principles.

  2. Judicial Systems and Shariah: The incorporation of Shariah into state judicial systems varies. In some cases, it influences family law and personal status issues; in others, it extends to criminal justice, raising concerns about practices inconsistent with international human rights norms.


Impact on International Relations

  1. Global Perception and Diplomacy: Countries applying strict interpretations of Shariah often face international scrutiny and criticism, impacting diplomatic relations. Balancing religious law with global norms remains a delicate task.

  2. Participation in International Agreements: Adherence to international treaties and agreements, especially those related to human rights, can be complex for states governed by Shariah law. Reconciling religious principles with international obligations is a continuing challenge.


The incorporation of Shariah law into modern governance presents a complex array of challenges and opportunities. While it remains a guiding force in many Muslim societies, its application must evolve to accommodate contemporary legal, social, and human rights standards. This evolution requires a thoughtful balance between religious tradition and the demands of a globalized world, ensuring that governance under Shariah contributes positively to the welfare and rights of all citizens.



About the Author

EDWARD D. ANDREWS (AS in Criminal Justice, BS in Religion, MA in Biblical Studies, and MDiv in Theology) is CEO and President of Christian Publishing House. He has authored over 220 books. In addition, Andrews is the Chief Translator of the Updated American Standard Version (UASV).


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