Sharia
Sharia—the "way" or "path"—denotes a set of moral and legal rules for Muslims to follow. The foundation for Sharia law is provided by the Koran and the Hadith, scholarly consensus developed in Islamic jurisprudence, and legal analogy.
What is crucial to understand—and what lies at the heart of the controversy surrounding Sharia—is that, as one of the major 20th century Islamic thinkers Syed Abu-Ala' Maududi put it, Sharia is a "a code of life" as prescribed by God, and therefore it is "inconceivable that a real Muslim society can deliberately adopt any other system of life than that based on the Shari'ah. If it does so, its contract is ipso facto broken and it becomes 'un-Islamic'." That is, a true Islamic state, based on Sharia would constitute a theocracy, with no distinction between secular and religious law, between church and state.
The all-encompassing nature of Sharia law is evident in its myriad of provisions ranging from the personal to economic to political. Sharia seeks to address issues such as religious rites (e.g. prayer, pilgrimage), clothing, husbands' treatments of their wives, marriage and divorce, inheritance, provisions for orphans and the poor, money lending, punishment of "deviance" and crime (e.g. adultery, homosexuality, theft, murder), criticism and blasphemy of religious doctrine, dealings with apostates and non-believers, and warfare.
While most prevalent and influential in nations with predominantly Muslim populations, Sharia also co-exists, albeit uneasily, with some secular governments, as for instance in Turkey. But western nations and traditionally non-Muslim nations such as Great Britain, France, Canada and the United States are also coming in increasing contact with Sharia, as their Muslim populations have grown through immigration and conversions.
Reaction to this development has been two-fold. On the one hand, there are those who claim that Islam is a religion of peace open to diverse interpretation and debate. They assert that there is no universally accepted doctrine of Sharia, and hence that a distinction needs to be made between traditional/personal Sharia and the radical/totalitarian Sharia that is the product of religious fundamentalism and extremism, i.e. of those who have "hijacked the faith." Proponents of this position consider warnings against Sharia overtaking Western constitutionalism the product of the Right's Islamophobic fear-mongering that requires debunking.
According to this perspective then, Sharia can co-exist with Western law. Hence, the Archbishop of Canterbury Rowan Williams' proposition that British and Islamic law could form "a scheme in which individuals retain the liberty to choose the jurisdiction under which they will seek to resolve certain carefully specified matters, so that 'power-holders are forced to compete for the loyalty of their shared constituents.'" And hence the attempt of various businesses and financial institutions to comply with Sharia-based economic rules in order to capture a piece of the Islamic financial asset pie.
On the other hand, there are those who argue that the challenge Islam presents to the West can hardly be overstated. Islamic values in their essence are not conducive to the political foundations of the West—protection of individual liberty, rule of law, constitutional democracy, market economy, and separation of church and state; and the basic tenets of Sharia, such as inequality of women and non-Muslims, conflict with the founding principles of the United States.
Exponents of this view also point out that moderate interpretations of Islamic doctrine and Sharia are not generally accepted in the Muslim world, and that, on the contrary, Western hallmarks of progress are viewed by many Muslims as inherently problematic, if not destructive to morality, social and political order. Therefore, they consider the subjugation of women, the issuance of death threats against apostates and other critics of Islam—Salman Rushdie, Ayaan Hirsi Ali, and Ibn Warraq, those involved in publishing the Danish cartoons, just to name a few—and the allowance for deception in the name of religion, forced conversion and holy war as aspects of Sharia law that are justified by Islamic doctrine.
In any case, the issues surrounding Sharia are surely complex, and current policy decisions regarding it need to be made, with a clear understanding of what Sharia means and entails. Thus, this topic provides an overview of Sharia, the varying interpretations of it and Islamic doctrine in general, and the arguments concerning Sharia and its compatibility with Western moral, social, economic, legal and political foundations.
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