Sharia Law: Meaning & Sources

Sharia is derived from the Arabic language and translates to "the path" or "the way." It is a comprehensive set of principles and guidelines that Muslims follow to live their lives in accordance with the teachings of Islam.

Sharia law is a legal system based on Islamic principles and teachings that governs the daily life of Muslims. It covers a wide range of topics, including personal conduct, family law, business transactions, and criminal justice. Sharia law aims to promote justice, fairness, and equality while also upholding the principles of Islam.

Origin of Sharia

The beginnings of Sharia Law can be traced back to the lifetime of Prophet Muhammad, who was born in Mecca in 570 CE. He began receiving revelations from Allah through the angel Gabriel when he was 40 years old, which were later compiled into the Quran. These revelations provide guidance on various aspects of life, including personal conduct, family law, criminal law, and economic affairs. The Quran is considered the primary source of Sharia Law, and it contains many of the fundamental principles that form the basis of Islamic jurisprudence. The origin and development of Sharia is divided in periods

Prophetic Period (610-632 CE)

• During this period Prophet Muhammad began to preach the message of Islam to the people of Mecca. He faced significant opposition from the city’s leader, who saw his teachings as a threat to power and authority. He continued to preach and attracted a small group of followers

• This community faced many challenges, including persecution and opposition from the Meccan leaders. The Prophet Muhammad and his followers were forced to flee Mecca and seek refuge in Medina in 622 CE. This event, known as the Hijra, marks the beginning of the Islamic calendar.

• After the Hijra, the Prophet Muhammad established a community of Muslims in Medina based on the principles of Islam. This community was known as the ummah and became the foundation of the Islamic state.

• The Prophet Muhammad also established a system of justice based on Islamic principles, which included the appointment of judges and the use of Islamic legal procedures. The teachings of the Prophet Muhammad provided the foundation for Sharia Law, which would develop and evolve over the subsequent centuries.

The Rashidun Caliphate (632-661 CE)

• It was the first period of Islamic history after the death of the Prophet Muhammad. During this period, the four "Rightly Guided" Caliphs, Abu Bakr, Umar, Uthman, and Ali, ruled the Islamic empire.

• The Rashidun Caliphs sought to apply the principles of Sharia Law in a way that would ensure justice and fairness for all Muslims. They established a system of justice based on Islamic principles, which included the appointment of judges and the use of Islamic legal procedures.

• The Rashidun Caliphate was characterized by a strong emphasis on the principles of justice, equality, and fairness, as well as the importance of fulfilling one's obligations to God and to other people.

The Umayyad Caliphate (661-750 CE)

• The Umayyad Caliphs established a system of government that was based on Islamic principles, but which also incorporated elements of Persian and Byzantine culture.

• The Umayyad period saw the development of a sophisticated legal system, which was based on the principles of Sharia Law but which also drew on other legal traditions. The Umayyad period was characterized by a significant expansion of the Islamic empire and the establishment of a sophisticated legal system that was used to govern large parts of the Islamic world.

The Abbasid Caliphate (750-1258 CE)

• It was characterized by a cultural and intellectual flowering known as the "Islamic Golden Age." During this period, Muslim scholars made significant advances in various fields of knowledge, including science, medicine, mathematics, and philosophy.

• The Abbasid Caliphs sought to apply the principles of Sharia Law in a way that would promote social welfare and justice. They established a system of government that was based on the principles of Sharia Law but which also incorporated elements of Persian and Greek culture. The Abbasid period was characterized by a significant expansion of Islamic culture and the development of a sophisticated legal system that was used to govern large parts of the Islamic world.

Sources of Sharia Law

There are many sources of Sharia but they are classified under two heads which are Primary and Secondary sources.

Schools of Thought

“Madhhab’ meaning school of thought. The teachings of the holy book Quran and Prophet Mohammad are the foundations of Muslim Law. After the demise of Prophet, great scholars of that era devised their own form of interpretation of various. Many interpretations were made which led to several views on the interpretation of law, two branches diverged, which are −

• Ancient School, it was followed between the periods of 8th and 12th CE, during which student studied the principles and methodologies of Sharia, which included sources, legal reasoning, rules of interpretation. They also studied figh (Islamic jurisprudence), usul al-figh (principles of jurisprudence) and hadith (the sayings and actions of the Prophet).

• Modern Schools, these school are further divided under Shia and Sunni which have different practices and thoughts regarding Sharia.

Under Sunni school of thought −

• Hanafi

• Maliki

• Shafi

• Hanbali

Under Shia school of thought

• Ithna-Asharis

• Ismailis

• Zaidis

Each and every school of thought is unique is some manner it could be their unique methodology or approach to legal reasoning but the core fundamentals and principle remain the same. They all share a common commitment to the principles of Sharia and the preservation and collection of the teachings of the Prophet Muhammad.

There are a few other schools of thought which are not classified under either of these heads, they are −

• Ibadi School, they give more preference to the Quran and provides principal consideration to Itjihad (personal reasoning).

• Ahmadiya School, Mirza Ghulam Khadini was the founder of this school, they are recognised by none of the Muslim states in the world. Their followers are called Kadhiyani, which was the birthplace of the founder of this school. There is no authoritative book for this school of thought.

Sharia Law and Jurisprudential Analysis in India

Jurisprudential analysis plays a crucial role in the interpretation and application of Sharia laws in India. As a diverse country with a significant Muslim population, India has developed its own legal system that incorporates aspects of Sharia law within the broader framework of Indian law.

Islamic legal scholars and jurists in India use jurisprudential analysis to derive legal rulings on specific issues related to Muslim personal law. They rely on the Quran, Sunnah, and the opinions of previous jurists to interpret and apply Sharia law in accordance with Indian legal norms.

Sharia law serves as the foundation of Muslim personal law in India, it is subject to the broader framework of Indian law and must be interpreted and applied in a manner that is consistent with Indian legal norms.

Muslim Personal Laws in India include various laws −

• Muslim Personal Law (Shariat) Application Act, 1937 − This law provides for the application of Muslim Personal Law in India in matters such as marriage, divorce, inheritance, and maintenance for Indian Muslims.

• Dissolution of Muslim Marriages Act, 1939 −This law deals with the grounds for the dissolution of Muslim marriages, including cruelty, desertion, impotency, and apostasy.

• Muslim Women (Protection of Rights on Divorce) Act, 1986 − This law deals with the rights of Muslim women on divorce, including the provision of maintenance and the right to retain their matrimonial home.

• Muslim Wakf Act, 1954 − This law provides for the administration and management of Wakf properties, which are properties that have been dedicated to charitable or religious purposes.

• The Muslim Minority and Guardianship Act, 1961 − This law deals with matters related to the guardianship of Muslim children, including the appointment and removal of guardians, the powers and duties of guardians, and the maintenance of minors.

Conclusion

Any person is said to be a Muslim or a follower of Islam, if he/she is a Muslim by origin that means his/her parents are followers of Islam or any person who has converted into Islam and has undergone ceremonies of conversion under the Shariat Act. Likewise, sharia law defines all such human activities that a Muslim person has to follow.

Frequently Asked Questions

Q1. What is Sharia law in simple words?

Ans. The legal code of Islam is called Sharia. It is based on the Quran, the sacred text of Islam, as well as the Sunnah and Hadith, which are the sayings and deeds of the Prophet Muhammad. Religious experts may issue judgements as recommendations on a particular subject or question where a response cannot be drawn immediately from these.

Q2. What is prohibited in Sharia law?

Ans. Riba, the giving and receiving of interest, high-risk wagering, prostitution, and alcohol use are all forbidden. The foundation of Islamic commerce is the conviction that trade should be carried out in a morally upright and advantageous way, as well as the idea of risk sharing.

Q3. What is Islamic Sharia law in India?

Ans. The Muslim Personal Law (Shariat) Application Act, 1937 governs all Muslims in India. This law governs Muslim marriage, family structure, heirlooms, and charitable giving.