Shariah
Definition
Shariah – Shariah (Arabic: الشريعة, Turkish: Şeriat) represents God’s eternal and immutable will for humanity, as articulated in the Quran and embodied and exemplified in the life, actions, and words of Prophet Muhammad (Sunnah). Shariah is considered binding for all believers and constitutes the foundation of ideal Islamic law.
Etymology
- Arabic: شريعة (Shari’ah)
- Turkish: Şeriat
The term “Shariah” literally translates to “a clear path” or “a way to the water,” often signifying a way of life or a moral code, essential to the spiritual and temporal well-being of Muslims.
Sources of Shariah
The Quran contains about ninety verses directly addressing issues of law. These verses are regarded as God’s commandments and serve as the primary basis for Shariah:
- Quran: The holy book of Islam, believed to be a direct revelation from God.
- Sunnah: The practices, actions, and sayings of Prophet Muhammad, providing clarity and context to the Quranic revelations.
Jurisprudence (Fiqh)
The interpretation and practical application of Shariah is categorized under Fiqh (Islamic jurisprudence). Fiqh involves the human endeavor to understand and implement Shariah through:
- Ijtihad: Independent reasoning and interpretation by qualified scholars.
- Qiyas: Analogical reasoning applying established legal precedents to new, unprecedented cases.
- Ijma’: Consensus among the learned scholars of the community on legal matters.
Distinction Between Shariah and Fiqh
While Shariah itself is considered divinely ordained and immutable, Fiqh is seen as human effort in understanding and applying Shariah to diverse and evolving contexts. This distinction acknowledges that:
- Shariah: Absolute, divine commandments.
- Fiqh: Human interpretation prone to fallibility and open to revision.
Historical Development
From the tenth through the nineteenth centuries, Islamic juristic literature played a crucial role in shaping formal structures and specific legal statements. Modern scholars have scrutinized these traditional juristic efforts, calling for revisiting and reforming Fiqh codes to address contemporary conditions and challenges.
Recommended Books for Further Studies
- “An Introduction to Islam for Jews” by Reuven Firestone – Provides an understanding of Islamic law and beliefs for those new to the study.
- “Shariah: Theory, Practice, Transformations” by Wael B. Hallaq – A comprehensive evaluation of the historical and modern-day dynamism in Shariah.
- “Islamic Law in Modern World” by Frank E. Vogel – Discusses the adaptation and reform of Islamic legal principles in the contemporary world.
- “The Origins & Evolution of Islamic Law” by Wael B. Hallaq – Analyzes the origins and development of Islamic jurisprudence over time.
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali – Explains the methodology behind Islamic legal reasoning.
Key Takeaways
- Shariah is God’s eternal divine will for Muslims, derived from the Quran and Sunnah.
- Shariah serves as a comprehensive guide for both religious and everyday life activities.
- Fiqh is the human jurisprudence aimed at interpreting and applying Shariah principles.
- The dynamic nature of Fiqh allows for revisions and reforms in legal interpretations to keep up with modern challenges.
Conclusion
Understanding Shariah involves appreciating the balance between divine mandates and human interpretative efforts. While Shariah remains unchanged as the core legal and moral direction, Fiqh represents a flexible, evolving framework that ensures Islamic law remains relevant and just across different eras and societies.
Referencing these comprehensive resources will equip readers with a nuanced understanding of Shariah and its application within the Islamic world.
