February 23, 2009

A Short Overview of Sharia Law

(Note: the following article is excerpted from my work-in-progress titled The Islamic World System)

Since Islam is primarily a political system, it would only make sense that it has a legal code. The Islamic legal code is called Sharia (also shariah), meaning the way. The source of the Sharia is the Koran and the Sunna (found in the Sira and the Hadith). Since the Sunni Muslims and Shia Muslims do not agree on which Hadith to use, they have slightly different Sharia systems.

Sharia law covers all aspects of life, including how a man and woman should have sex, for instance. Roughly there are five areas of Sharia law:

1. Belief-Allah, His angels, His books, His prophets, the Day of Judgment and the decrees of God.
2. Moralities-giving good counsel, humility, patience and so forth.
3. Devotions-the Five Pillars, alms, pilgrimage to Mecca, and jihad.
4. Transactions-business law, marriage, divorce and disputes.
5. Punishments-stoning, amputation, lashings, and retaliation.

Some divide Sharia law into religious law and the rest.

All Sharia is based upon dividing all actions into forbidden (haram, haraam) and permitted (halal). Things that are halal, permitted, are further divided into five classes such as acts that are desirable, but may be omitted. Things that are haraam, forbidden, are divided into three categories, such as strictly forbidden or unclean.

There are four branches to Sunni Sharia law. They differ in small matters, but just like the Shia Sharia law they all agree that kafirs are not equal to Muslims under Sharia law. Said another way, all of the differences between Sharia law schools do not affect the law with regards to kafirs. Jihad is included in every school of law.

The important thing about Sharia law is that it is perfect and sacred. Law based upon democratic process is offensive to Islam because such law is based upon people. Sharia law is based upon the Koran and Mohammed, the only perfect guidance. Therefore, it is an offence to Islam for Muslims to have to live under democratic constitutional law. This is the reason that Muslims want to replace our banking laws with Sharia law and replace our family law with Sharia law.

Islam demands that Muslims form their own political units without kafir influence. The thin end of the longest wedge is to demand that Muslims live outside kafir law in family and banking. Already, in England Islamic family law supercedes British law in families. There is no end to Islamic demands for power. So one day, Muslims in Britain will live under their own law, judges and police. The final stage is when Sharia law replaces English law in totality and kafirs have to live under Sharia law as dhimmis. The British have decided not to oppose this process, but for it to happen slowly and smoothly.

There are some Muslims who oppose Sharia law. It is unclear how one could become a Muslim and believe that everything in the Koran is perfect and that the Sunna of Mohammed is ideal pattern of life and then turn around and say that Sharia is not to be lived under for some reason. Each and every law in the Sharia can be traced back to the Koran and Sunna. Any Muslim who denies the truth of the Sharia is a hypocrite and is kufr (has thoughts of unbelief). Once you buy into the Koran and the Sunna, the Sharia is just a step away.

The Sharia is based upon dualistic ethics. As you will see below in the actual laws, kafirs are abused, poorly treated and can be killed in jihad. Women are second class citizens. Slavery is a well regulated business. Dhimmi laws are part of Sharia, as well.

What about a reformed Sharia? Reform means that humans will be discussing which part of the Koran or the Sunna they will be judging as wrong for humans. What part of the Koran or the Sunna is wrong? None, because they are perfect, eternal, universal and complete. How could you improve perfection? If you changed any of the Trilogy, then it would not be eternal. Sharia cannot be improved, reformed or changed.

The source of any change would be human. Humans cannot change what is sacred. To change the Sharia would mean changing Allah. Only Allah could make any changes to Allah. Again, changing the Sharia is a logical impossibility. You can no more reform the Sharia than you can reform a circle.

The actual law
The best to learn about Sharia law is to examine the actual laws. The best source is Reliance of the Traveller, translated by Nuh Ha Mim Keller, by Amana Publications, 1994. The Sharia is organized in an outline form and each case quoted below will be referenced by the index number.

Imitating the kafir
Even if the kafir has a better way, a Muslim should not imitate it.
e4.1 It is kufr (unbelief) to turn from the Sunna to imitate the kafir, when one believes that the kafir way is superior to the Sunna.

Forced marriage
A woman may be forced to marry a person whom she does not want.
m3.13 … Whenever the bride is a virgin, the father or the father's father may marry her without her permission, though it is recommended to ask her permission if she has reached puberty. A virgin's silence is considered as consent.

Forced sex
The wife must have sex whenever her husband demands it.
m5.1 It is obligatory for a woman to let her husband have sex with her immediately when:
(a) He asks her;
(b) At home;
(c) She can physically endure it.

Wife Beating
The Koran says that a wife can be beaten. Mohammed recommended wife beating in his last sermon at Mecca. Here is the Sharia:

DEALING WITH A REBELLIOUS WIFE
m10.12 When a husband notices signs of rebelliousness in his wife whether in words as when she answers him coldly when she used to do so politely. or he asks her to come to bed and she refuses, contrary to her usual habit; or whether in acts, as when he finds her averse to him when she was previously kind and cheerful), he warns her in words without keeping from her or hitting her, for it may be that she has an excuse.

The warning could be to tell her,
"Fear Allah concerning the rights you owe to me,"
or it could be to explain that rebelliousness nullifies his obligation to support her and give her a turn amongst other wives, or it could be to inform her,
"Your obeying me is religiously obligatory".
If she commits rebelliousness, he keeps from sleeping (having sex) with her without words, and may hit her, but not in a way that injures her, meaning he may not bruise her, break bones, wound her, or cause blood to flow. It is unlawful to strike another's face. He may hit her whether she is rebellious only once or whether more than once, though a weaker opinion holds that he may not hit her unless there is repeated rebelliousness. […]

Apostacy--leaving Islam. The penalty is death.
o8.1 When person who has reached puberty and is sane voluntarily apostatizes from Islam, he deserves to be killed.
The law goes on in great deal about how one may be an apostate. Being sarcastic about Allah or Islam is apostacy.

Jihad
Jihad is a part of Sharia law since jihad is part of the Trilogy.

o9.0
Jihad means to war against kafirs and derived from the word mujahada, signifying warfare to establish the religion. …

o.9.1 Jihad is a communal obligation. When enough people perform it to successfully accomplish it, it no longer obligatory upon others.

o.9.4 Those called upon (to perform jihad when it is a communal obligation) are every able-bodied man who has reached puberty and is sane.

o.9.8 the caliph makes war on Jews, Christians, and Zoroastrians (provided that he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the Muslim poll tax (jizya …)

o9.13 When a child or a woman is taken captive, they become slaves by the fact of capture, and the woman's previous marriage is immediately annulled.

Dhimmis
The Sharia is very detailed how the dhimmi will live under Islamic domination.
O11.1 a formal agreement with Jews, Christians, Zoroastrians, Samarians, Sabians, and those who adhere to the religion of Abraham of one of the other prophets.

o11.3 such an agreement is only valid when the subject peoples:
(a) follow the rules of Islam
(b) and pay the kafir poll tax (jizya)

o11.5 Kafir subjects are obliged to comply with Islamic rules that pertain to the safety and indemnity of life, reputation, and property. In addition, they:
(1) are penalized for committing adultery or theft, though not for drunkenness.
(2) Are distinguished from Muslims by dress
(3) Are not greeted by "as Salamu alakym" (peace to you).
(4) Must keep to the side of the street;
(5) May not build higher than the Muslims' buildings
(6) Are forbidden to openly display wine or pork. ( or to ring church bells or display crosses) recite the Torah or Gospels aloud, or make public display of funerals and feast days.
(7) And are forbidden to build new churches.

Art
There are very good reasons that you do not see any great Islamic paintings or sculpture.
P44.1 The Prophet said:
(1) Every maker of pictures will go to the fire, where a being will be set uipon him for each picture, to torment him in hell.
(2) Whoever makes an image shall be required (on Judgment Day) to breathe a spirit into it, but will never be able to do so.

R40.1
[…]
Mohammed said: Allah Mighty and Majestic sent me as a guidance and mercy to believers and commanded me to do away with musical instruments, flutes, strings, crucifixes and the affair of the pre-Islamic period of ignorance [jahiliyah].

The choices above are some of the more interesting items to find in a book of law.

Posted by Bill Warner

Permalink: /blog/a-short-overview-of-sharia-law/

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"great article,keep it up."

paris claims — February 25, 2009 @ 9:04 AM

"Nothing but submission, no enjoyment of this life at all, other than beating and taking your wife or wives whenever you want. Nowonder they are so easily talked into committing suicide murder; it's the only door open enjoying the little things in life that unbelievers are currently enjoying in this life right here. Drinking, sexual release with women who's only desire is to please and do whatever perversion the follower desires. mohammed's example was for children females; Id emagine a good majority of the dreams being had right at the time of pushing the button to alleged paradise are of little baby girls playing with their dolls in the yard."

wileysnakeskins — March 14, 2009 @ 12:32 PM

"Please note that when speaking of beating one's wife there are restrictions...You can't punch her in the face, hit her hard enough to make any mark of any kind or break bones, and you cannot draw blood. You may, only, tap her lightly. Please don't spread the idea that Muslim men can beat their wives repeatedly to the point of knocking them unconcious because it is just not true and no legitimate legal scholar will support it."

Taliba — April 5, 2009 @ 10:49 AM

"So, this is great enlightenment of Mohammed? Seems naive and primitive to me. It seems like the kind of law a paranoid, obsessive, and petty man would promulgate in order to create a submissive society that caters to his infantile and immature whims. "Bring the mountains to Mohammed" indeed. Only a child demands the world bend to his will. One who is wise knows his infinitesimal existence and respects the fragile stations others also occupy.

Believers need to grow up."

Mantle — April 21, 2009 @ 4:54 AM

"Allah Hu Akbar!!"

Fernaz — August 23, 2009 @ 8:14 AM

"The fact that Islamic rullings & complete ways of life Is being controlled by the soveregnty of Allah,has religated all shelfish intreste of any kinds,colours,races and power influences of which the wit of Man can device.
without minsing words,the only peacefull governance that can regulate all aspect of Human sustanance to a devineable level of success is Islamic Law.

katayeyanjue kamaldeen Adesina
Nigeria."

katayeyanjue Kamaldeen Adesina — October 29, 2009 @ 11:45 PM

"Its very clear from your message that either your copy of the Koran is quite old or has been mistranslated by a westerner. If not you have deliberately opted for a biased and non objective analysis on the issue. Hopefully its the first."

Fu5k4 — December 11, 2009 @ 8:08 AM

"I would like to say that this article is totally biased and its author's claims are unfounded, for the author not only mentions fabricated reports but also attributes them to Islam. Ask Muslim women if they are second class citizens and find out for yourselves. The concept of Jihad as he has mentioned is totally wrong and has got nothing to do with Islam. I really do not wish to go into detail regarding the many erroneous ideas the author has mentioned here, but I refer the reader to the Qur'an and the authentic practice of Prophet Muhammad (peace be upon him) to find out about the truth. Let the reader also find a good Muslim person and befriend him for a while or deal with a good Muslim family to discover the beauty of islam. No matter how hard the author is trying to distort the beauty of Islam, Islam is still, and will continue to be, the fastest growing religion in the world and God Almighty will make it prevail even if he and his likes hate it. Let the author remeber that truth shines by itself."

truth — December 27, 2009 @ 12:13 AM

"How come everyone here who says this is bias seems unwilling to explain what the writer got wrong? If all you can say is there are errors and it is bias no one will believe you.

"""Its very clear from your message that either your copy of the Koran is quite old or """

so does the Koran get edited every so often? How do you know your Koran is anything like the original(unless you read it) To me a religious book that has changed over time is worthless like the bible. who knows whats true. A majority is probable just made up so someone could use it to their own end."

Theyouthis — April 12, 2010 @ 8:02 AM

"if m not wrong then the prevention of quran i.e. not kuran has been taken by ALLAH SUBHANA WALATALLAH HIMSELF and if one believes in HIm then he cannot write this because the copy of quran which everyone has is the same and if u are writing wrong on purpose then u ll face it all by HIM."

BAKHTAWER — November 3, 2010 @ 10:43 AM

"wife beating has not been recommended by MUHAMMAD SaW donot insult and disgrace the Holy thing!=@"

BAKHTAWER — November 3, 2010 @ 10:45 AM

"The world (but not the universe) can end because of earthquake, tsunami, meteor strike, nuclear war, supernova, and some other natural or man made disaster. These are however just local ends that have nothing to do with The Day of judgment. End will also not happen on any arbitrary date like December 2012. The end of the universe is an entirely different phenomenon that is built into the laws of the universe by the creator. The contraction of the universe with reversal of time and gravity will commence the beginning of the end which will last for thousands and possibly millions of years. We will be removed from the regressing effects of reversed time as we come back alive in our own time. We will the be taken across many dimensions to beyond this universe. A beautiful natural mechanism that is based on the laws of physics will cause all that to happen as mentioned in the holy quran."

M Khan — May 16, 2011 @ 12:29 AM

"Typo's corrected...

Dearest Muslim apologists...

"You may, only, tap her lightly"....

and just where does it say that in the Sharia or the Qur'an or Hadith? or in any Islamic scripture... anywhere? Oh yes, that's right.. that's some typical feel good made up rumor that some are self willed gullible enough to believe.

"Ask Muslim women if they are second class citizens and find out for yourselves".

Women aren't second class citizens? Is that why according to Sharia law it takes two women to equal the testimony of one man?

"The concept of Jihad as he has mentioned is totally wrong and has got nothing to do with Islam. I really do not wish to go into detail regarding the many erroneous ideas the author has mentioned here, but I refer the reader to the Qur'an and the authentic practice of Prophet Muhammad (peace be upon him) to find out about the truth".

"The concept of Jihad as he has mentioned is totally wrong and has got nothing to do with Islam".

and that would be because..........

" I really do not wish to go into detail regarding the many erroneous ideas the author has mentioned here"...

"I refer the reader to the Qur'an and the authentic practice of Prophet Muhammad (peace be upon him) to find out about the truth".

I believe that the author (understandably) encourages everyone to read the Qur'an.

It is noticeable from many of the comments posted, that many non-Muslim are becoming more familiar with Islamic scripture than many Muslim are.

"Islam is still, and will continue to be, the fastest growing religion in the world"...

The last number statistic quoted on this claim I believe was an article from the Christian periodical "Plain Truth Magazine" which was reprinted in the Readers Digest Almanac about 26 years ago!
It has been claimed that according to Guinness Book of World Records (2003), Islam is the world’s fastest-growing religion by number of conversions each year, (how would they compile such a statistic?) however, even if you believe any of this it can only be considered true if you don’t consider Atheism or Agnosticism or some other brand of non-Monotheistic perspective.
The American Religious Identification Survey gave non-religious groups the largest gain in terms of absolute numbers - 14,300,000 (8.4% of the population) to 29,400,000 (14.1% of the population) for the period 1990 to 2001 in the USA.
Of course let's not forget the fact that the penalty for leaving Islam according to Sharia law is DEATH.

If it were even true...
If it were popular to go and jump off a bridge some where would you go and follow?

..."and God Almighty will make it prevail"...
and by what means? The Muslim teaching is that ALL that happens is Allah's will... which would include by ANY means...

The self denial of some is sadly... understandable.

Take a look at this article...

Was Islam Spread By The Sword?.....A Response
http://dhammaprotector.blogspot.com/"

Pumpkin Eater — January 20, 2012 @ 10:15 AM

"Dear Bill or dick,

1) There is no end to Islamic demands for power. So one day, Muslims in Britain will live under their own law, judges and police.

2) Any Muslim who denies the truth of the Sharia is a hypocrite and is kufr (has thoughts of unbelief). Once you buy into the Koran and the Sunna, the Sharia is just a step away.

3) The source of any change would be human. Humans cannot change what is sacred. To change the Sharia would mean changing Allah. Only Allah could make any changes to Allah. Again, changing the Sharia is a logical impossibility. You can no more reform the Sharia than you can reform a circle.

4) There are very good reasons that you do not see any great Islamic paintings or sculpture.
(http://calligrapher.wordpress.com/2007/03/26/mustafa-rakim-and-features-of-spectacular-writing-style-with-celi-sulus-school/)

for these reason Bill you are an idiot."

gavin fennessy — March 14, 2012 @ 9:05 AM

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