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Islamic Law History

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Islamic Laws are made up of Shari'ah ('‎شريعة Šarīʿah) and Islamic jurisprudence (فقه‎ Fiqh). Shari'ah is seen as sacred and constitutes the Qur'an and Muhammad's Sunnah (way), which is found in the Hadith and Sira. Islamic jurisprudence is a complimentary expansion of the former by Islamic jurists.

[edit]Shari'ah

Shari'ah not only governs public life, but also many facets of ones personal life. It has laws covering Muslim interactions with non-Muslims, sexuality, food, rituals, leisure activities, dress, hygiene etc. This is due to Muhammad's pivotal role in both the practice of Islam and the formation of Islamic law. He is considered by all Muslims, in Islamic theology, as the uswa hasana (perfect example). As both are based on the same source, they are inseparable from one another.

...Shari`ah is life for the Muslims’ souls and a way of life for them.

...Shari`ah, conceptually, refers to a set of rules, regulations, teachings, and values governing the lives of Muslims. However, these rules and regulations, contrary to how they are often described by many non-Muslims, cover every aspect of life. Shari`ah embraces worship, morals and conduct, as well as it embraces the political, social and economic, as well as other spheres.

The Importance of Shari`ah

Salem Al-Hasi, May 26, 2004

[edit]Shari'ah and Human Rights

Many respected bodies have concluded that Shari'ah is incompatible with accepted modern standards of human rights.

In 2003 and 2004, the court [European Court of Human Rights] ruled that "that sharia is incompatible with the fundamental principles of democracy" (13/02/2003) ., because the sharia rules on inheritance, women rights and religious freedom violate human rights as established in the European Convention on Human Rights.

European Court of Human Rights (ECHR)

Cambridge Encyclopedia, Vol. 24

The House of Lords today drew stark attention to the conflict between sharia and UK law, calling the Islamic legal code "wholly incompatible" with human rights legislation. The remarks came as the Lords considered the case of a woman who, if she was sent back to Lebanon, would be obliged under sharia law to hand over custody of her 12-year-old son to a man who beat her, threw her off a balcony and, on one occasion, attempted to strangle her.

Sharia law incompatible with human rights legislation, Lords say

Afua Hirsch, legal affairs correspondent, The Guardian, October 23, 2008

This is of no surprise when you consider that Islamic laws on human rights (and their laws in general) are based on the views and actions of a 7th century warrior 'prophet.' While other systems of law have adapted and changed with the passage of time, Shari'ah has not. Some may assume that Islamic thought simply has not reached enlightenment yet, and like other religious bodies will eventually adapt to the modern world. This is a naive and ignorant assumption which fails to appreciate the dogma of the Islamic faith, and therefore fails to recognize the impossibility of the trend ever taking hold in Islam. Reform is not possible under Islamic law. To reform it, would be to destroy it and Islam along with it. Shari'ah (consisting of the Qur'an and Sunnah) are seen as Allah's unalterable holy laws. To attempt to change it would be considered blasphemous, as it constitutes Bid'ah, something which was forbidden by Muhammad himself.[1][2] What can be altered is Islamic jurisprudence, but as that is extracted from, and cannot contradict,[3][4] Shari'ah, the result will always be unacceptable to the modern world. Muslim scholars agree. The following is an excerpt taken from a fatwa in objection to the Universal Declaration of Human Rights.

....These so called rights and freedoms which they call for all people to enjoy regardless of religion make the monotheist and the polytheist equally entitled to these rights and freedoms, so the slave of Allaah and the slave of the Shaytaan are placed on the same level, and every worshipper of rocks, idols or people is given the complete right and freedom to enjoy his kufr and heresy. This is contrary to the laws of Allaah in this world and the Hereafter. [Quotes Qur'an 68:35-36, Qur'an 38:28, & Qur'an 32:18]

It is a call to abolish the ruling on apostasy, and to openly flaunt the principles of kufr and heresy. It is a call to open the door to everyone who wants to criticize Islam or the Prophet of Islam Muhammad (peace and blessings of Allaah be upon him) and to have the freedom to criticize and express oneself with no restrictions.

These are corrupt principles. Even if they suit their lives, values and religion, they do not suit us and they are contrary to our pure sharee’ah, which brought rulings that are suited to individuals and societies, and establish noble morals, and protect minds, honour, physical well being and wealth, and show people the religion which Allaah loves and is pleased with....

Western human rights organizations and the ruling on referring to them for judgement

Islam Q&A, Fatwa No. 97827

Also, in 1981 the Iranian representative to the United Nations declared that "the Universal Declaration of Human Rights represented a secular interpretation of the Judeo-Christian tradition, which could not be implemented by Muslims."[5] Due to this unavoidable conflict between Islamic and Western notions of human rights, in 1990, the OIC (Organisation of the Islamic Conference) who represent all 57 Muslim majority nations, created the Cairo Declaration on Human Rights in Islam, using Islamic scripture as its sole source.[6] This declaration has been severely criticized by many, including; the International Humanist and Ethical Union (IHEU), the Association for World Education (AWE) and the Association of World Citizens (AWC) for its incompatibility with human rights, women's rights, religious freedom and freedom of expression, by "imposing restrictions on nearly every human right based on Islamic Sharia law."[7] Furthermore, according to the International Commission of Jurists (ICJ):

1) It gravely threatens the inter-cultural consensus on which the international human rights instruments are based;

2) It introduces, in the name of the defence of human rights, an intolerable discrimination against both non-Muslims and women;

3) It reveals a deliberately restrictive character in regard to certain fundamental rights and freedoms, to the point that certain essential provisions are below the legal standard in effect in a number of Muslim countries;

4) It confirms under cover of the "Islamic Shari'a (Law)" the legitimacy of practices, such as corporal punishment, that attack the integrity and dignity of the human being.

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