Sharia

Sharia ({{lang-ar|?????}}; also Shar?'ah, Shari'a, Shariah or Syariah) is the Arabic word for Islamic law, also known as the Law of Allah. Islam classically draws no distinction between religious, and secular life. Hence Sharia covers not only religious rituals, but many aspects of day-to-day life, politics, economics, banking, business or contract law, and social issues. However, this orthodox view of Islamic law is opposed by a minority of modern secular liberal movements within Islam. The term Sharia itself derives from the verb shara'a, which according to 'Omar's Dictionary of the Holy Qur'an connects to the idea of "spiritual law" (5:48) and "system of divine law; way of belief and practice" (45:18) in the Qur'an.

Related Topics:
Allah - Islam - Secular - Liberal movements within Islam - Qur'an

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Mainstream Islam distinguishes between fiqh, which means 'understanding of details' and refers to the inferences drawn by scholars, and sharia, which refers to the principles that lie behind the fiqh. Scholars hope that fiqh and sharia are in harmony in any given case, but they cannot be sure.

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Sharia has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations (for example, the ban against drinking liquor as an intoxicant). It also has certain laws which are extracted based on principles established by Islamic lawyers and judges (Mujtahidun). The sharia as interpreted by Islamic lawmakers is believed by Muslims to be merely a human approximation of the true Sharia, which is understood as the divine and eternal correct path.

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In deriving Sharia law, Islamic lawmakers are not, therefore, actually creating divinely correct or incorrect actions beyond question, but rather attempting to interpret divine principles. Hence Sharia in general is considered divine, but a lawyer's or judge's extraction or opinion on a given matter is not, though the process and intention to refer to Allah's law is divinely sanctioned. An Islamic lawyer or judge's attempts to rule according to Sharia, can be described as 'ruling by Sharia', but not beyond question.

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For Sunni Muslims, the primary sources of Islamic law are the Qur'an, the Hadith or directions of the Islamic prophet Muhammad, the unanimity of Muhammad's disciples on a certain issue (ijma), and Qiyas (drawing analogy from the essence of divine principles). Qiyas — various forms of reasoning, including by analogy — are used by the law scholars (Mujtahidun) to deal with situations where the sources provided no concrete rules. The consensus of the community or people, public interest, and others were also accepted as secondary sources where the first four primary sources allow.

Related Topics:
Sunni Muslims - Qur'an - Hadith - Muhammad - Ijma - Qiyas - Mujtahid

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In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Qur'an, anecdotes of the Prophet's practices and those of the 12 Imams, and the intellect (aql). The practices called Sharia today, however, also have roots in local customs (Al-urf).

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Islamic jurisprudence is called fiqh and is divided into two parts: the study of the sources and methodology (usul al-fiqh - roots of the law) and the practical rules (furu' al-fiqh — branches of the law).

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