See discussions, stats, and author profiles for this publication at: https://www.researchgate.

net/publication/335320513

Everything You Need to Know About Sharia/Islamic Law

Article · August 2019

CITATIONS READS
0 3,001

1 author:

Muhammad Alashari
SOAS, University of London
52 PUBLICATIONS   2 CITATIONS   

SEE PROFILE

Some of the authors of this publication are also working on these related projects:

Political Islam View project

Economic Studies View project

All content following this page was uploaded by Muhammad Alashari on 22 August 2019.

The user has requested enhancement of the downloaded file.

 Everything You Need to Know About Sharia/Islamic Law

Muhammad Al-Ashari

Contents
What is Sharia Law? ...................................................................................................................................... 2
Sources of Sharia Law ................................................................................................................................... 3
The Quran ................................................................................................................................................. 3
The Sunnah ............................................................................................................................................... 4
Ijma' (Consensus) ...................................................................................................................................... 4
Qiyas (Analogy) ......................................................................................................................................... 4
Interpreting The Sharia Law .......................................................................................................................... 4
General Process ........................................................................................................................................ 5
Arabic grammar ........................................................................................................................................ 5
Sarf and Nahw ....................................................................................................................................... 5
Balagha .................................................................................................................................................. 5
Arabic mantiq............................................................................................................................................ 5
The Maxims of Islamic Law ....................................................................................................................... 6
The five great legal maxims .................................................................................................................. 6
Men of Sharia Law ........................................................................................................................................ 9
Mujtahid.................................................................................................................................................... 9
Mufti ......................................................................................................................................................... 9
Qadi ........................................................................................................................................................... 9
Hakim ........................................................................................................................................................ 9
What is Fiqh? ................................................................................................................................................ 9
Discussion on Sharia Rulings ....................................................................................................................... 10
Hukm ....................................................................................................................................................... 10
Taklif/Mukallaf ........................................................................................................................................ 10
Legal Rulings/Hukm Taklifi ...................................................................................................................... 10
Legal Features/Hukmu Wadi................................................................................................................... 11
Obligation to Rule by Sharia Law ................................................................................................................ 11
Kufr Akbar ............................................................................................................................................... 12
Stubbornness and Arrogance.............................................................................................................. 12
Sharia is Optional ................................................................................................................................ 12
 Considering Sharia Law equal to Secular Law Absolutely or Particularly ........................................... 13
Denies Right of Allah and His Prophet (Sharia Law) to Rule ............................................................... 13
Kufr Asghar.............................................................................................................................................. 13
Examples of Kufr Akbar ........................................................................................................................... 13
Example of Kufr Asghar ........................................................................................................................... 13
The Message and Goal of Sharia Law ......................................................................................................... 14
What is Madhab/Mazhab ........................................................................................................................... 14
The Legal Schools of Islam .......................................................................................................................... 16
Jafari ........................................................................................................................................................ 16
Hanafi ...................................................................................................................................................... 18
Shafi ........................................................................................................................................................ 19
Maliki....................................................................................................................................................... 20
Hanbali .................................................................................................................................................... 21
What is Taqleed .......................................................................................................................................... 22
Necessity of Taqleed ............................................................................................................................... 22
Sharia Law in the 21st Century .................................................................................................................... 23
Reference .................................................................................................................................................... 23

What is Sharia Law?

In linguistic terms, Sharia Law refers to a water source, which is the source to which people who want to
drink come, so they drink from it and fill their buckets, and perhaps bring their animals to drink from it
as well. The Arabs do not call a water source Sharia Law unless the water is flowing without interruption
and is visible and can be seen. Lisaan al-‘Arab (8/175).

In shar‘i/legal terminology, Sharia Law refers to the entire religion (Islam), which Allah has chosen for His
servants to bring them forth thereby from the depths of darkness into the light. It is what He has
prescribed for them and what He has explained to them of commands and prohibitions, halaal and
haraam.
Whoever follows the Sharia Law of Allah, regarding as permissible (halaal) that which He has permitted
and regarding as forbidden (haraam) that which He has prohibited, will triumph. Whoever goes against
the Sharia Law (laws) of Allah has exposed himself to divine vengeance, wrath and punishment.

Allah, may He be exalted, says (interpretation of the meaning):

“Then We put you, [O Muhammad], on an ordained way [Sharia Law] concerning the matter [of
religion]; so follow it and do not follow the inclinations of those who do not know”

[Quran 45:18].

Sharia law is disciplines and principles that govern the behavior of a Muslim individual towards his or
herself, family, neighbors, community, city, nation and the Muslim polity as a whole, the Ummah (global
Muslim community) and everyone under Islam’s jurisdiction. Similarly, Shariah governs the interactions
between communities, groups and social and economic organizations. Shariah establishes the criteria by
which all social actions are classified, categorized and administered within the overall governance of the
state.

Shariah conceives of the earth as a single ‘city’ with diverse inhabitants—in modern parlance, a ‘global
village.’

In a land there can only thus be one system which defines best how to protect these interests. This
system can be called as the constitution, parliament, the whole legal apparatus. In Islamic state or
republic, the system is the Shariah law. Shariah law has two aspects: Spiritual aspect and the practical
aspect. To elaborate these two types Shariah law has the following essential categories: adab (behavior,
morals and manners), ibadah (ritual worship), i’tiqadat (beliefs), mu’amalat (transactions and contracts)
and ‘uqubat (punishments).

The spiritual aspect essentially is the Islamic faith and worship which are purely for Muslims to observe
(ibadah and I’tiqad). The practical aspect however transcends everyone under the Islamic jurisdiction.
Quran 2:256 and Quran 5:44/45 proves the two assertions.

Sources of Sharia Law

The Quran

Muslims believe the Quran to be the direct words of Allah, as revealed to and transmitted by
the Prophet Muhammad. All sources of Islamic law must be in essential agreement with the Quran, the
most fundamental source of Islamic knowledge. The Quran is therefore regarded as the definitive
authority on matters of Islamic law and practice. It is only when the Quran itself does not speak directly
to or in detail about a certain subject, that Muslims turn to alternative sources of Islamic law.
The Sunnah

The Sunnah is a collection of writings documenting the traditions or known practices of the Prophet
Muhammad and His family (Ahl Bayt), many of which have been recorded in the volumes
of Hadith literature. The resources include many things that he said, did, or agreed to—mostly based on
his life and practice based entirely on the words and principles of the Quran. During his lifetime, the
Prophet's family and companions observed him and shared with others exactly what they had seen in
his words and behaviors—in other words, how he performed ablutions, how he prayed, and how he
performed many other acts of worship.

It was also common for people to ask the Prophet directly for legal rulings on various matters. When he
passed judgment on such matters, all of these details were recorded, and they were used for reference
in future legal rulings. Many issues concerning personal conduct, community and family relations,
political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded.
The Sunnah can thus serve to clarify details of what is stated generally in the Quran, making its laws
applicable to real-life situations.

Hadith is classified as authentic, weak and fabricated.

Ijma' (Consensus)

In situations when Muslims have not been able to find a specific legal ruling in the Quran or Sunnah, the
consensus of the community is sought. This community can be the legal scholars of Islam or the Ummah
(Muslim community) in general. Most Sunni scholars consider consensus binding; others, including Shii
scholars, say such consensus is impossible.

Qiyas (Analogy)

In cases when something needs a legal ruling but has not ever been clearly addressed in the other
sources, judges may use the analogy, reasoning, and legal precedent to decide new case law. This is
often the case when a general principle can be applied to new situations. For example, when recent
scientific evidence showed that tobacco smoking is hazardous to human health, Islamic authorities
deduced that the Prophet Mohammad's words "Do not harm yourselves or others" could only indicate
that smoking should be forbidden.

In addition to these basic sources, several presumptions and principles aid the jurist in deriving
interpretive rules: preference (istihsan), unregulated interest (maslahah mursalah), and the
presumption of continuity (istishab) and legal maxims (qawa’id). This field is also concerned with
hermeneutic and deductive principles.

Interpreting The Sharia Law

Sharia Law is deduced by using Usul al-fiqh/Usool al-fiqh. Usool al-fiqh is knowledge of shar‘i (legal)
evidence and the way in which that evidence is interpreted in order to reach a ruling, in general terms or
in detail. (Sharh Mukhtasar ar-Rawdah 1/106). It is the body of principles and investigative
methodologies through which practical legal rules are developed from the foundational sources Quran
and Sunnah.

In Islamic legal terminology interpreting of Shari Law means ijtihad which is “the process of deriving the
laws of the shari'ah from its sources.” The person who interprets the Sharia law is called Mujtahid.

General Process
When analyzing the sources jurists consider the following

1. Consideration of letters and wordings in divine texts

2. Consideration of intent and purpose in divine texts
3. Consideration of textual connectivity and context (not historical context)
4. Consideration of historical context as supportive and secondary. This includes the activities,
practices and custom of the common people.
5. Consideration of accuracy and authority of texts. This can apply to abrogation and Hadith.
6. Consideration of textual conflict.

The first three literally includes mantiq (logic), legal maxims and Arabic grammar.

Arabic grammar

Sarf and Nahw

It is usually divided into two major parts: sarf or tasrif, the conjugation of verbs, and nahw or irab,
modulations of words and declensions. The Baghdad and Basra schools of grammar are well known for
their differences concerning Arabic syntax, semantics, and philosophy of language.

Balagha

Or Ilm al-bayan (the art or science of eloquence) is a branch of Arabic rhetoric dealing with metaphorical
language, connecting idea and verbal expression or writing, and interpreting knowledge, and is close to
balagha, eloquence. Based on the sanctity of Arabic as the Quranic language, the Quran is sometimes
called al-Bayan, the ultimate manifestation.

Arabic mantiq

In the Quran, mantiq is described as a means for justification and the expression of truth, hence
connected with the ancient Greek logos. For Ibn Sina (d. 1037 ), it designated rules for passing from the
known to the unknown in the acquisition of knowledge. Was extended to an intuitive or speculative
arrival at the truth and then adapted to the mystical illuminationist philosophy (hikmet al-ishraq). Some
grammarians (ninth century onward) highlighted logic's dependence on its linguistic or civilizational
contexts, a view later held by the famous western philosopher Ludwig Wittgenstein
The Maxims of Islamic Law

Islamic legal maxims are rooted in Islamic texts in Quran and Sunnah. These have been deduced and
extracted by jurists over a long period of time either knowingly or unknowingly. These were established
after representatives of all schools of thought regarding Muslim Jurisprudence came together to reach a
consensus. Legal maxims are general rules of fiqh, which can be applied in various cases that come
under the common rulings. Legal maxims are theoretical abstractions, usually in the form of short
descriptive statements that are expressive, often in a few words, of the goals and objectives of Sharia
Law. These maxims are used to clarify and elaborate Islamic legal texts to new situations. They do not
contradict the texts but rather broaden and simplify them.

The Codification of these maxims, known as the Mejelle, disseminated the jurisprudential maxims, and
became like a legal encyclopedia of practical rulings. The rulings of this civil code were articulated
according to the conventions of legal articles, 1851 of them arranged in 16 volumes. This filled an urgent
need of the time, as the civil matters of the Shari‘a were otherwise scattered across innumerable tomes
of law; with this new systematization, the responsa and various legal texts on a single topic were
organized according to a single method.

The five great legal maxims

The first legal maxim: matters are judged by their purposes.

Evidence for this lies in the Prophetic hadith, “Surely actions are by their intentions.” For example,
different judgments are incurred by someone who killed another, depending on whether he intended to
do so or it was an accident—for the very basis of the action differs in each case.

Secondary principles derived from this maxim:

1- Contractual stipulations are to be understood by their intended meaning, not strictly by their
wording or formulation.

2- Intention generalizes the specific, and specifies the general.

3- The intention of the oath-taker determines.

The second legal maxim: certainty is not removed by doubt

Evidence for this lies in the hadith, “Let not any of you break their prayer [to go ablute] unless he hears a
sound or passes wind.” That is, in the case when one is certain he performed ablutions, but then
doubted whether he broke those ablutions (by passing wind or the like), then he should cleave to his
certainty (i.e., that he remains ritually pure) and dispel himself of his doubts (i.e., that he broke his
ablutions). The inverse case likewise obtains.

Secondary principles derived from this maxim:

1- the presumption that a thing remains as it was originally (unless definitely altered)

2- the presumption of innocence

3- the presumption that what is established with certainty is not altered except with certainty

4- the presumption to regard qualities and things depending on whether they are accidental or
essential

5- the presumption to attribute an incident to the nearest occasion

6- that the general presumption in matters for the general populace is permissibility

7- that the general presumption in economic transactions is impermissibility

8- give no weight to evidence in the face of explicit testimony

9- do not attribute speech to the silent

10- give no weight to speculation

11- give no weight to suspicions in offenses

12- a habitual prohibition is like a definite prohibition

13- do not dispute the consequences of a proof

The third legal maxim: difficulty must be alleviated

Evidence for this lies in the Qur’anic verse And [He] has not laid any hardship upon you in religion (al-
Hajj: 78) and in the Prophetic hadith, “I was appointed to [a prophethood of] primordial generous faith.”
An example of this is the dispensation given one who finds it difficult to pray standing, as he may then
pray seated.

Secondary principles derived from this maxim:

1- If a matter is difficulty, ease it.

2- If a matter is easy, straiten it.

3- Necessity renders the prohibited permissible.

4- What necessity makes permissible is permitted only to the extent of the necessity.

5- What is permitted with due cause is again prohibited without it.

6- A universal need is a necessity.

7- Necessity does not trump the rights of another.

8- If the principle cannot be satisfied, it falls to its equivalent.

The fourth legal maxim: harm must be removed

Evidence for this lies in the Prophetic hadith, “There is no inflicting harm (darar) or returning harm
(dirar) [in Islam].” The former is done without cause, while the latter is performed with cause. For
example, one whose possessions injure a neighbor has a responsibility to remove the source of the
injury or hardship.

Secondary principles derived from this maxim:

1- repel harm to the extent possible

2- remove harm.

3- An greater harm is removed with a lesser harm.

4- A particular harm can repel a general harm.

5- Averting what corrupts is more important than generating what benefits.

The fifth legal maxim: custom has the weight of law

This can be understood with reference to the Prophetic hadith, may peace and blessings be upon him,
“What Muslims hold to be excellent is deemed excellent by God.” Al-Suyuti held, in his al-Ashbah wal-
naza’ir, that every transmitted but unrestricted legal injunction that cannot be specified with reference
to another authority or linguistic analysis should accede to communal custom. Certain other scholars
commented: the entirety of the law is based on a single principle, namely, convening what benefits and
repelling what corrupts.

Secondary principles derived from this maxim:

1- What is in practice ought to be followed

2- Something becomes custom when it is generally adopted and becomes predominant

3- Weight is given what is predominant and common, not what is rare

4- Writing is considered like an oral expression.

5- A conventional gesture is considered like verbal speech.

6- Custom has the force of a contractual stipulation.

7- Something identified by custom has the force of something identified by a text.

8- The established practice of a community is considered like a stipulation between them.

Men of Sharia Law

Mujtahid
One who exercises independent reasoning (ijtihad) in the interpretation of Islamic law. Qualifications
include training in recognized schools of Islamic law and extensive knowledge of the Quran, hadith and
Usool al-fiqh.

Mufti
The Muslim man who is knowledgeable about the Islamic Sharia Law, according to specific conditions
which qualifies him to reach the degree of fatwa (Sharia ruling) and the legal judgement. The mufti and
the judge are one degree. But the mufti is informed of the ruling, and the judge carries out/implements
the ruling. Usool al-fiqh is what explains the conditions of the judge, the mufti and the Mujtahid

Qadi
The judge who administers, judges by Sharia Law.

Hakim
The Islamic Ruler.

What is Fiqh?
In linguistic terms, fiqh means understanding. It may be said that so-and-so has been given fiqh fi’d-
deen, meaning understanding of the religion. Another example is the du‘aa’ of the Prophet (blessings
and peace of Allah be upon him) for Ibn ‘Abbaas: “Allahumma faqqihhu fi’d-deen (O Allah, give him
understanding of the religion).” Narrated by al-Bukhaari (143) and Muslim (2477).

Tahdheeb al-Lughah (5/263).

In shar‘i (legal) terminology, fiqh refers to knowledge of the practical, minor shar‘i rulings which are
derived from detailed evidence and proof.

Al-Mawsoo‘ah al-Fiqhiyyah (1/13).

Discussion on Sharia Rulings

This has been extensively discussed in Usool al-fiqh books. However, for information that it exists and
due to it’s importance it is being discussed in short.

Hukm

The ḥukm shar‘ī (aḥkām) in its literal sense carries the meaning of a rule of Islamic law. Thus aḥkām
(rules) is the plural form of ḥukm (rule), which means rule, command, the absolute, order, judgment,
injunction, prescription, and decree. Technically, it is considered a rule of Islamic law. Āmidī (d.
631/1234) defines adillah/evidence as the science of the proofs of fiqh and the indications that they
provide with regard to the aḥkām of the sharia.

Taklif/Mukallaf

A legal charge or obligation; to entrust or charge someone with a task. A person who meets the legal
prerequisites becomes a mukallaf (a person obligated by law to discharge a legal duty). For instance,
prayer is a taklif imposed upon those who reach the age of discernment (bulgh). A woman who is
menstruating does not have a taklif to perform prayer. Hardship or incapacity will relieve a person from
certain obligations or impose less demanding obligations, for instance, praying while sitting down in the
case of a sick person. A taklif imposed upon property is an encumbrance.

Legal Rulings/Hukm Taklifi

1. Ijab (declaring an act obligatory) It is the communication which absolutely demands the
performance of an act.
2. Nadb (recommendation): It is the communication which indecisively demands the performance
of an act.
3. 3. Tahrim (declaring an act forbidden): It is the communication which demands absolutely to
refrain from an act.
4. 4. Karahah (disapproval): It is the communication which indecisively demands to refrain from an
act.
5. lbahah (permissibility): It is the communication which confers a choice between the
performance and omission of an act. The acts to which above mentioned
Legal Features/Hukmu Wadi

1. Sabab (Cause): It is the cause on the basis of which a hukm taklifi is invoked or is established.
2. Shart (condition): Shart literally means an inseparable sign. Technically shart means a thing by
whose nonfulfillment the object of condition does not come into existence, but its fulfillment
does not necessarily entail the existence of the thing.
3. Mani' (Impediment): Mani' is one whose existence entails the non-existence of the command,
such as a father is not killed in retaliation for killing his son. There is another classification of
hukm wadi, Sahih, Fasid and Batil.
4. Sahih (valid): It is one whose essential elements and conditions are combined together in as
much as they are recognized by the Sharia Law with respect to the command. Hence prayer, fast
and sale are valid when the essential elements and conditions of each of them are present.
5. Batil (Invalid): Batil is one which neglects the objective in all respects despite the existence of
the form, either by nonfulfillment of the object of the right of disposition on account of
incapacity of the person.
6. Fasid (Irregular): Fasid is defined as that which is legitimate by its nature but not legitimate by its
attribute.

Obligation to Rule by Sharia Law

Allaah has commanded us to refer matters to His judgement and to establish Sharia Law, and He has
forbidden us to rule with anything else, as is clear from a number of aayaat in the Qur’aan:

The command to rule according to what Allaah has revealed: “And so judge between them by what
Allaah has revealed . . .” [Quran 5:49]

Warning against ruling by other than what Allaah has revealed: “. . . and follow not their vain desires . .
.” [Quran 5:49]

Warning against compromising on any detail of Sharia Law, no matter how small: “. . . but beware of
them lest they turn you far away from some of that which Allaah has sent down to you . . .” [Quran 5:49]

Forbidding seeking the ruling of jaahiliyyah, as is expressed in the rhetorical question “Do they then seek
the judgement of (the Days of) Ignorance?” [Quran 5:50]

The statement that nobody is better than Allaah to judge: “. . . and who is better in judgement than
Allaah for a people who have firm Faith?” [Quran 5:50]
The statement that whoever does not judge according to what Allaah revealed is a kaafir, a zaalim
(oppressor or wrongdoer) and a faasiq (sinner), as Allaah says: “. . . And whoever does not judge by what
Allaah has revealed, such are the kaafiroon.” [aayah 44]; “. . . And whoever does not judge by that which
Allaah has revealed, such are the zaalimoon (polytheists and wrongdoers)” [Quran 5:45]; “. . . And
whoever does not judge by what Allaah has revealed (then) such (people) are the faasiqoon (rebellious
or disobedient).” [Quran 5:47].

Obligation to judge non-Muslims by Sharia Law under Islamic jurisdiction, as Allaah says: “. . . And if you
judge, judge with justice between them. . .” [Quran 5:42]

Judging or ruling according to other than what Allaah has revealed is contrary to faith and
Tawheed/Monotheism, which are Allaah’s rights. It may be counted as kufr akbar (greater kufr/disbelief)
or kufr asghar (lesser kufr/disbelief) according to circumstances. Kufr akbar will make a person no longer
a Muslim.

Kufr Akbar

This is a form of disbelief which takes a Muslim outside of Islam. This disbelief is related with rejection,
denial, arrogance and pride against Sharia Law. It can occur in the following circumstances:

Stubbornness and Arrogance

If he does not rule according to what Allah has revealed out of stubbornness and arrogance, he is a
kaafir and has left Islaam, even if he does not deny the rule of Allaah. Stubbornness and arrogance
may mean negligence and turning away, as Allaah says: “Have you seen those (hypocrites) who claim
that they believe in that which has been sent down to you, and that which was sent down before you,
and they wish to go for judgement (in their disputes) to the Taaghoot (false judges, etc.) while they
have been ordered to reject them. But Shaytaan wishes to lead them astray. And when it is said to
them: ‘Come to what Allaah has sent down and to the Messenger,’ see they hypocrites turn away
from you (Muhammad) with aversion.” [al-Nisaa’ 4:60-61]

Sharia is Optional

“O Messenger! Let not those who hurry to fall into disbelief grieve you, of such who say: ‘We believe’
with their mouths but their hearts have no faith. And of the Jews are men who listen much and
eagerly to lies - listen to others who have not come to you; they say, ‘If you are given this, take it, but
if you are not given this, then beware!’ . . .” [al-Maa’idah 5:41]. He says: “Go to Muhammad (peace be
upon him), and if he tells you that the ruling is lashes, accept it, but if he commands stoning, ignore
what he says. Then Allaah revealed “. . . And whoever does not judge by what Allaah has revealed,
such are the kaafiroon (disbelievers)” [al-Maa’idah 5:44].
Considering Sharia Law equal to Secular Law Absolutely or Particularly

“. . . Then do not set up rivals unto Allaah (in worship) while you know (that He Alone has the right to
be worshipped).” [al-Baqarah 2:22]

“Do they then seek the judgement of (the Days of) Ignorance? And who is better in judgement than
Allaah for a people who have firm Faith?” [al-Maa’idah 5:50]

Denies Right of Allah and His Prophet (Sharia Law) to Rule

“. . . And whoever does not judge by what Allaah has revealed, such are the kaafiroon.” [al-Maa’idah
5:44]. Ibn ‘Abbaas said (A senior companion of Prophet): “Whoever rejects what Allaah has revealed is
a kaafir.”

Kufr Asghar

This is a form which makes a Muslim sinner. This is related with disobedience in physical action. An
example can be if a ruler or judge passes judgement according to other than what Allaah revealed out of
disobedience or on a whim, or as a favor to someone, or because he was bribed, and so on, although he
believes that it is obligatory to judge according to what Allaah has revealed, and that what he has done
is a sinful and haram/prohibited action.

Examples of Kufr Akbar

1. Abolishing Sharia Law as the law governing a country, as Mustafa Kemal (“Ataturk”) did in
Turkey, as he abolished the book Majallah al-Ahkaam al-‘Adliyyah which was based on the
Hanafi madhhab, and replaced it with man-made laws.
2. Imposing man-made laws, such as Italian, French, German law, etc., to judge between the
people, or mixing these laws and Sharia Law, as Genghis Khan did in his book al-Yaasiq, which
combined laws from different sources; the ‘ulamaa’ (scholars) ruled that he was a kaafir.
3. Enforced removal of Hijab by Shah of Iran pre-Islamic revolution era
4. Mahathir Mohammad’s claim that Hodood law is unfair

Example of Kufr Asghar

Najib Razak’s claim that Malaysia is not ready for Hodood laws.
The Message and Goal of Sharia Law

1. Proposes resistance against tyranny, persecution and exploitation

2. Proposes equality and fair play in economy and interest free economic system

3. Establishes Morality and charity

4. Proposes defense of honor, property and lives

5. Proposes Humility and mercy

6. Proposes rational freedom

7. Proposes accountability and transparency

8. Proposes justice irrespective of class, race, gender or power

9. Proposes defensive war

10. Proposes harsh deterring criminal legal system

Shariah law aims to protect five basic human interests: religion, life, lineage, property, and intellect.
These basic interests are universally recognized among all other nations even though nations vary in
their approach in doing so.

What is Madhab/Mazhab
Sheikh Nuh Keller an American Muslim, a philosopher and Islamic legal expert says:

‘The word madhhab is derived from an Arabic word meaning "to go" or "to take as a way", and refers to
a mujtahids choice in regard to a number of interpretive possibilities in deriving the rule of Allah from
the primary texts of the Qur'an and hadith on a particular question. In a larger sense, a madhhab
represents the entire school of thought of a particular mujtahid Imam, such as Abu Hanifa, Malik, Shafi'i,
or Ahmad--together with many first-rank scholars that came after each of these in their respective
schools, who checked their evidences and refined and upgraded their work. The mujtahid Imams were
thus explainers, who operationalized the Qur'an and Sunna in the specific shari'a rulings in our lives that
are collectively known as fiqh or "jurisprudence". In relation to our din or "religion", this fiqh is only part
of it, for the religious knowledge each of us possesses is of three types. The first type is the general
knowledge of tenets of Islamic belief in the oneness of Allah, in His angels, Books, messengers, the
prophethood of Muhammad (Allah bless him and give him peace), and so on. All of us may derive this
knowledge directly from the Qur'an and hadith, as is also the case with a second type of knowledge, that
of general Islamic ethical principles to do good, avoid evil, cooperate with others in good works, and so
forth. Every Muslim can take these general principles, which form the largest and most important part
of his religion, from the Qur'an and hadith.

The third type of knowledge is that of the specific understanding of particular divine commands and
prohibitions that make up the shari'a. Here, because of both the nature and the sheer number of the
Qur'an and hadith texts involved, people differ in the scholarly capacity to understand and deduce
rulings from them. But all of us have been commanded to live them in our lives, in obedience to Allah,
and so Muslims are of two types, those who can do this by themselves, and they are the mujtahid
Imams; and those who must do so by means of another, that is, by following a mujtahid Imam, in
accordance with Allahs word in surat al-Nahl, "Ask those who recall, if you know not" (Qur'an 16:43),
and in surat al-Nisa, "If they had referred it to the Messenger and to those of authority among them,
then those of them whose task it is to find it out would have known the matter" (Qur'an 4:83), in which
the phrase those of them whose task it is to find it out, expresses the words "alladhina yastanbitunahu
minhum", referring to those possessing the capacity to draw inferences directly from the evidence,
which is called in Arabic "istinbat".

These and other verses and hadiths oblige the believer who is not at the level of istinbat or directly
deriving rulings from the Qur'an and hadith to ask and follow someone in such rulings who is at this
level. It is not difficult to see why Allah has obliged us to ask experts, for if each of us were personally
responsible for evaluating all the primary texts relating to each question, a lifetime of study would
hardly be enough for it, and one would either have to give up earning a living or give up ones din, which
is why Allah says in surat al-Tawba, in the context of jihad:

"Not all of the believers should go to fight. Of every section of them, why does not one part alone go
forth, that the rest may gain knowledge of the religion and admonish their people when they return,
that perhaps they may take warning".

The slogans we hear today about "following the Qur'an and Sunna instead of following the madhhabs"
are wide of the mark, for everyone agrees that we must follow the Qur'an and the Sunna of the Prophet
(Allah bless him and give him peace). The point is that the Prophet (Allah bless him and give him peace)
is no longer alive to personally teach us, and everything we have from him, whether the hadith or the
Qur'an, has been conveyed to us through Islamic scholars. So it is not a question of whether or not to
take our din from scholars, but rather, from which scholars. And this is the reason we have madhhabs in
Islam: because the excellence and superiority of the scholarship of the mujtahid Imams--together with
the traditional scholars who followed in each of their schools and evaluated and upgraded their work
after them--have met the test of scholarly investigation and won the confidence of thinking and
practicing Muslims for all the centuries of Islamic greatness. The reason why madhhabs exist, the benefit
of them, past, present, and future, is that they furnish thousands of sound, knowledge-based answers to
Muslims questions on how to obey Allah. Muslims have realized that to follow a madhhab means to
follow a super scholar who not only had a comprehensive knowledge of the Qur'an and hadith texts
relating to each issue he gave judgements on, but also lived in an age a millennium closer to the Prophet
(Allah bless him and give him peace) and his Companions, when taqwa or "godfearingness" was the
norm--both of which conditions are in striking contrast to the scholarship available today.

While the call for a return to the Qur'an and Sunna is an attractive slogan, in reality it is a great leap
backward, a call to abandon centuries of detailed, case-by-case Islamic scholarship in finding and
spelling out the commands of the Qur'an and Sunna, a highly sophisticated, interdisciplinary effort by
mujtahids (one who is able to interpret the law), hadith specialists, Qur'anic exegetes, lexicographers,
and other masters of the Islamic legal sciences. To abandon the fruits of this research, the Islamic
shari'a, for the following of contemporary sheikhs who, despite the claims, are not at the level of their
predecessors, is a replacement of something tried and proven for something at best tentative.

The rhetoric of following the shari'a without following a particular madhhab is like a person going down
to a car dealer to buy a car, but insisting it not be any known make--neither a Volkswagen nor Rolls-
Royce nor Chevrolet--but rather "a car, pure and simple". Such a person does not really know what he
wants; the cars on the lot do not come like that, but only in kinds. The salesman may be forgiven a slight
smile, and can only point out that sophisticated products come from sophisticated means of production,
from factories with a division of labor among those who test, produce, and assemble the many parts of
the finished product. It is the nature of such collective human efforts to produce something far better
than any of us alone could produce from scratch, even if given a forge and tools, and fifty years, or even
a thousand. And so it is with the shari'a, which is more complex than any car because it deals with the
universe of human actions and a wide interpretive range of sacred texts. This is why discarding the
monumental scholarship of the madhhabs in operationalizing the Qur'an and Sunna in order to adopt
the understanding of a contemporary sheikh is not just a mistaken opinion. It is scrapping a Mercedes
for a go-cart.’’

But whenever a Saheeh Hadith comes, we should understand the Saheeh hadith and over turn the weak
position of Mazhab if it is really weak.

The Legal Schools of Islam

There are five legal schools of thought in Islam

Jafari

The Ja‘fari school of thought was headed by Imam Ja‘far ibn Muhammad al-Sadiq who lived from 83H to
148H. He was born in and died in the holy city of Madina, and he is the sixth Imam of the twelve
designated imams of the school of Ahlul Bayt. Although the fiqh (Islamic Jurisprudence) was developed
by the Prophet Muhammad and his successors (i.e., the imams), the fiqh, as taught by the Shi‘a, did not
have the opportunity to be presented to the masses of people because of the political predicament that
the Ahlul Bayt suffered under the rulers for many centuries. He taught thousands of students in subjects
ranging from law and theology to mathematics and science.
The imams refused to acknowledge the legitimacy of the Umayyad and Abbasid caliphs, and their
governments; and thus they and their followers were exposed to tremendous harassment and
persecution at the hands of the unjust caliphs. Once the Umayyad government became weak, Imam
Ja‘far ibn Muhammad al-Sadiq found a golden opportunity to formulate and spread the tradition of the
Prophet Muhammad and his family. At one time, four thousand scholars, commentators of the Qur’an,
historians, and philosophers attended his classes in the holy city of Madina.

Therefore, he was able to pass down the authentic teachings of the Noble Qur’an and the Prophet
Muhammad and crystallize them in what came to be known as al-Fiqh al-Ja‘fari, the Ja‘fari
Jurisprudence. His teachings were collected in 400 usul (foundations) which were written by his students
and encompass hadith, Islamic philosophy, theology, commentary of the Qur’an, literature, and ethics.

After a period of time, three distinguished scholars categorized these 400 usul in four books which are
the main sources of hadith for the Shi‘a school of thought. They are: Usul al-Kafi by al-Kulayni (d.329H),
Man La Yahduruh al-Faqih by al-Saduq (d.381H), and al-Tahdib and al-Istibsar by al-Tusi (d.460H). These
three scholars were known as the “three Muhammads” since their first names were all Muhammad.

While these four books are the main sources of hadith for the Shi‘a, their authors still did not label their
books as “sahih” (authentic). Although they did their best to gather only authentic traditions, but if a
particular tradition contradicted the Noble Qur’an then it was not accepted as legal and valid. Hadith,
according to the Ja‘fari school of thought, are accepted only if the Noble Qur’an verifies them, since the
Noble Qur’an is the only undoubtable source of guidance.

The Imam lived in a time when the Umayyad Dynasty was losing control of power to the Abbasid
Dynasty. During this period, the power gap allowed for the Imam to spread the knowledge of Ahlul Bayt
and teach the true teachings of Prophet Muhammad (peace be upon him and his family).

Imam as-Sadiq was known to be the most knowledgeable of his time in the Qur’an, Hadith (traditions),
and other religious sciences. Imam as-Sadiq had thousands of attendees taking part in his classes.
Notable among them were Abu Hanifa, founder of Hanafi school

Recognizes four sources of Islamic law: the Quran, the Sunnah (including traditions reported by the
Prophet and the imams), consensus (which must include the Prophet's or an infallible imam's opinion to
establish its validity), and human reason. Human reason is capable of inferring categorical judgments
drawn from both pure and practical reason. Whatever is judged necessary by reason is also judged
necessary by revelation. This correlation between reason and revelation has allowed Shii jurists to
derive religious rulings on many issues not covered in normative sources such as the Quran and Sunnah.
Hanafi

Imam Abu Hanifa was born to a non-Arab father, was raised in Kufa, and died in Baghdad. This school of
thought prevailed during the time of the Abbasid Empire when a student of Imam Abu Hanifa, Abu Yusuf
al-Qadi became the head of the judiciary department and the highest judge, and thus he spread this
madhhab (school of thought), in particular, during the caliphates of al-Mahdi, al-Hadi, and al-Rashid.

No other man was as close to the Abbasid caliph, Harun al-Rashid as was Abu Yusuf al-Qadi, but the
Abbasid caliph, al-Mansur also worked hard to support and consolidate Imam Abu Hanifa’s school of
thought and to spread his madhhab in the face of the growing popularity of Imam Ja‘far al-Sadiq. Imam
Abu Hanifa studied under the instruction of Imam Ja‘far al-Sadiq for two years

Though it bears the name of Abu Hanifa al-Nuʿman ibn Thabit (died 767), the Hanafi School of Law in
fact owes its doctrine to his two disciples Abu Yusuf (died 798) and Muhammad ibn al-Hasan al-Shaybani
(died 805). They laid down the systematic foundations for the work of later Hanafis. In the eighth and
ninth centuries, the law school (madhhab) was associated with the rationalists (ahl al-raʾy), who
advocated free legal reasoning not strictly bound by the revealed texts. Although by the eighth century
raʾy, a form of free reasoning, was largely abandoned in favor of a more disciplined and text-bound
reasoning, the Hanafis continued to resort to similar methods of legal argument, notably istihsan
(juristic preference). After the ninth century, and certainly by the beginning of the eleventh, even
istihsan was restructured so as to render it subsidiary to the imperatives of the religious texts.

Though the Hanafi school finally came to adopt the mainstream legal methodology and philosophy, it
did maintain peculiar characteristics such as its emphasis on the practical aspects of the law. Particularly
in the first three centuries of Islam, its followers, more than any other school, were the chief authors
and experts on formularies (shurut), notarial documents, and the profession and conduct of judgeship
(adab al-qada).

Among the most important Hanafi authors on positive law after Abu Yusuf and Shaybani are Abu al-
Hasan al-Karkhi (died 951), Abu al-Layth alSamarqandi (died 985), al-Quduri (died 1036), Shams al-
Aʾimma al-Sarakhsi (died 1096), alKasani (died 1191), al-Marghinani (died 1196), Abu al-Barakat al-Nasafi
(died 1310), and Ibn Nujaym (died 1563). For these authors, the works of Shaybani, known collectively
as zahir al-riwaya, remained authoritative; they are al-Mabsut, al-Jami al-Kabir, al-Jami al-Saghir, al-Siyar
al-Kabir, al-Siyar alSaghir, and al-Ziyadat. The most prominent legal theorists (usuliyyun) of the school
are Pazdawi (died 1089), Sarakhsi, Nasafi, Sadr al-Shariʿa al-Thani al-Mahbubi (died 1346), and Mulla
Khusraw (died 1480).

In 1876, the Hanafi law of contracts, obligations, and procedure was codified in the Ottoman law code of
Mecelle, in an effort to modernize the law and to achieve uniformity in its application. The primary
source on which the Committee of the Mecelle based its work was Shaybani's collected works, zahir al-
riwaya, with the commentary on it by Sarakhsi, an eleventh-century Hanafi. In the first few decades of
the twentieth century, however, the Mecelle was superseded by civil codes in all the countries that fell
previously under Ottoman jurisdiction, with the notable exception of Jordan.

In medieval times, the school had a large following in its birthplace, Iraq, as well as in Syria, Transoxania
(now Uzbekistan, a former Soviet Republic), the Indian subcontinent, the Mediterranean island of Sicily,
and to a lesser extent in North Africa. Later on, the Ottoman Empire declared Hanafism the official
doctrine of the state, thus rendering it dominant in all areas that fell under its sway. In modern times,
Hanafism still prevails in these regions as well as in Afghanistan, the Balkans, Pakistan, Turkistan, the
Caucasus (between the Black and Caspian Seas), India, and China.

Shafi

Imam Shafi΄i was born in Hijaz and his school of thought emerged in Egypt. At the time of the Fatimid
Dynasty, the Egyptians were mainly followers of Ahlul Bayt, and the teachings of Ahlul Bayt were being
taught in al-Azhar University. At a later time, Salah al-Din al-Ayyubi came and waged an extensive war
against the school of Ahlul Bayt by banning the teaching of their madhhab (school of thought) in al-
Azhar and resurrecting the other madhahib, including that of Imam Shafi΄i, who was killed in Egypt in
198H.

The Shafiʿi school of law was founded by Muhammad ibn Idris al-Shafiʿi (died 820), a disciple of Malik ibn
Anas (died 795) and Muhammad ibn Hasan al-Shaybani (died 805). Bringing about a synthesis between
the rationalists and the tradition-alists, Shafiʿi elaborated a system of positive law and a rudimentary
legal theory that attracted a number of scholars who propagated his teachings, thus creating the first
personal school of law (madhhab) in Islam. His two chief treatises that survived are al-Umm, a collection
of treatises mainly concerned with positive law and disagreements among the early jurists, and al-Risala
(also known as al-Kitab, ) a work on legal theory with particular emphasis on Prophetic hadith
(traditions) as a binding source of law.

The immediate students of Shafiʿi who were responsible for propagating his teachings, and thus for
laying the first roots of the school, were al-Buwayti (died 846), Harmala (died 857), Muzani (died 878),
al-Zaʿfarani (died 874), al-Karabisi (died c. 859), and al-Rabi ibn Sulayman al-Jizi (died 870). Al-Rabi ibn
Sulayman al-Muradi (died c. 884) is known as the transmitter of most of Shafiʿi's extant works. Other
scholars, such as Ibn Hanbal (died 854) and Abu Thawr (died 855), initially the disciples of Shafiʿi,
became themselves the founders of independent law schools.

The widespread influence of the Shafiʿi school must be credited to the work of Ibn Surayj (died 918),
significantly nicknamed the "Little Shafiʿi." He was responsible for harmonizing the teachings of the
school and for training a generation of influential Shafiʿi scholars who guaranteed not only the survival
of the school but indeed its success. Among the most important of these scholars are Abu Bakr al-Sayrafi
(died 942) and al-Qaffal al-Shashi (died 948), who are considered two of the first major authors of
complete works on Shafiʿite legal theory (usul al-fiqh).
Among the many names that dominated the later history of Shafiʿism are: Abu Bakr al-Baqillani (died
1013), Abu Ishaq al-Isfara'ini (died 1015), Abu Muhammad al-Juwayni (died 1046) and his son Imam al-
Haramayn (died 1085), Bayhaqi (died 1066), al-Mawardi (died 1058), Abu Ishaq alShirazi (died 1083),
Ghazali (died 1111), Abu Bakr al-Shashi (died 1113), Fakhr al-Din al-Razi (died 1209), Rafiʿi (died 1226),
Izz al-Din (b. Abd alSalam; died 1262), Muhyi al-Din al-Nawawi (died 1277), and Suyuti (died 1505). The
positive law (furu) treatises of Juwayni, Shirazi, Ghazali, Rafiʿi, and Nawawi became standard for the
later period, whereas in legal theory, the works of Juwayni, Ghazali, and Razi gained popularity.

Today the Shafiʿi school has followers in Egypt—mainly in rural areas—as well as in Syria, Lebanon,
Palestine, Jordan, Iraq, Hijaz, Bahrain, Yemen, Pakistan, Iran, India, and Indonesia.

Maliki

Imam Malik joined the ‘Alawiyiin, the descendants of Imam ‘Ali, and received his knowledge from Imam
Ja‘far al-Sadiq, but thereafter, inconsistencies marked his life. At one point he was oppressed and having
earned the anger of the government, he was dragged through the streets by his clothes and lashed. In
148H, his fortunes reversed and he regained his popularity and dominance.

The Maliki school of law was named after the traditionalist and lawyer Malik ibn Anas (died 795) of
Medina (in today's Saudi Arabia). Malik's active career fell at a time when the prophetic sunna (record of
the utterances and deeds of the Prophet) had not yet become a material source of the law on equal
footing with the Qurʾan and when hadith (prophetic traditions) were still relatively limited in number. In
his legal reasoning, therefore, Malik made little reference to prophetic traditions and more often
resorted to the amal (normative practice) of Medina in justification of his doctrines. As expressed in his
Muwatta, in which he recorded the customary Medinese doctrine, Malik's reliance on traditions as well
as his technical legal thought lagged behind those of the Iraqis.

Once the transition from the geographical to the personal schools took place, Malik became the eponym
of the former Hijazi or Medinan school. This may be explained by the fact that Malik's writings
represented the average doctrine of that geographical area, coupled perhaps with the high esteem in
which he was held as a scholar.

Like the namesake of the Hanafi school of law, but unlike the founder of the Shafiʿi school of law, Malik
did not provide his school with a developed body of legal doctrine. It was left for his successors, chiefly
in the ninth and tenth centuries, to articulate a legal system particular to the school. Among the most
important positive law works of the school are: al-Mudawwana al-Kubra by Sahnun (died 854); alRisala
by Ibn Abi Zayd al-Qayrawani (died 996); alTahdhib, an authoritative synopsis of al-Mudawwana, by Abu
Saʿid al-Baradhi'i (died probably after 1039); al-Bayan, a commentary by Ibn Rushd (died 1126) on al-
Utbiyya of al-Utbi (died 869); Bidaya alMujtahid wa Nihaya al-Muqtasid by Ibn Rushd al-Hafid (died
1189); al-Mukhtasar by Sidi Khalil (died 1365); al-Mi'yar al-Mughrib wa al-Jami al-Mu'rib by al-
Wansharisi (died 1508), one of the most important fatwa collections in the school. Further, in writing on
legal theory (usul al-fiqh), the Malikis were not as prolific as their Hanafi and Shafiʿi counterparts. Three
of their most distinguished legal theoreticians are: Ibn Khalaf al-Baji (died 1081), the author of Ihkam al-
Fusul ; al-Qarafi (died 1285), whose main work on the subject is Sharh Tanqih al-Fusul, a commentary on
the work of the Shafiʿi jurist and theologian Fakhr al-Din al-Razi; and Abu Ishaq al-Shatibi (died 1388),
who elaborated in his Muwafaqat one of the most innovative legal theories that is highly regarded by
modern legal reformers.

Since early medieval Islam, Malikism succeeded in spreading mainly in the Maghrib (North Africa) and
Muslim Spain, being now the dominant doctrine in all Muslim African countries. In Egypt, it has
traditionally shared influence with Shafiʿism. Maliki presence may also be found today in Bahrain and
Kuwait.

Ibn Hazm al-Andalusi says that two schools of thought were spread due to the government and the
sultan: the school of Imam Abu Hanifa, since Abu Yusuf al-Qadi only appointed Hanafi judges; and the
school of Imam Malik ibn Anas, for a student of Imam Malik, Yahya ibn Yahya was so respected in the
caliph’s palace that no judge was ever appointed in Andalus, Spain without his consultation and advice.

Hanbali

The Hanbali School of Law takes its name from Ahmad ibn Hanbal (died 854), a major theologian of the
ninth century. He was a fierce opponent of the Muʿtazila, a school of religious thought that flourished
under the Abbasids. Ibn Hanbal emerged victorious in the mihna (inquisition), led by the Abbasid caliph
al-Maʾmun and the rationalist theologians against the traditionalists who upheld the doctrine that the
Qurʾan is not the created but the eternal word of God. Ibn Hanbal's career as a dogmatic theologian,
coupled with the fact that he did not elaborate a complete system of law, gave him and his immediate
followers the reputation of being a theological rather than a legal school (madhhab). Indeed, the
school's first complete work on positive law, alMukhtasar, appeared as late as the beginning of the tenth
century, at the hands of Abu Qasim al-Khiraqi (died 946).

Being strict traditionalists, the Hanbalis of the ninth century rejected the rationalist elements of what
had by the end of the century become the mainstream legal theory (usul al-fiqh). Later Hanbalis,
however, gradually adopted the main elements of this theory, and by the eleventh century, their legal
theory finally came to accept usul al-fiqh as elaborated by the Shafiʿi School of Law and Hanafi School of
Law. Thus, it took the Hanbali school nearly two centuries after ibn Hanbal's demise to develop into a
full-fledged school of law.

Two centuries later, the celebrated Hanbali jurist and theologian Taqi al-Din ibn Taymiyya (died 1328)
even subscribed to a theory of istihsan (juristic preference), advocated by later Hanafis and vehemently
opposed by early traditionalist Shafiʿis and Hanbalis.
There were several figures who dominated the history of Hanbalism. Among the prominent names are
al-Khiraqi, Ibn al-Farra, Ibn Aqil, Abd al-Qadir al-Jili (died 1166), Abu al-Faraj ibn al-Jawzi (died 1200), Ibn
Taymiyya, and his disciple Ibn Qayyim al-Jawziyya (died 1351), to name only a few. Distinguished as a
major figure in Islamic religious history, Ibn Taymiyya was involved in the study of law, theology,
philosophy, and mysticism and was engaged in the politics of the Mamluk state. He wrote at length
against the Shiʿa, the philosophers, the logicians, and the pantheistic Sufis, though he himself belonged
to the mystical school of Abd al-Qadir al-Jili.

Ibn Taymiyya's thought exercised significant influence on Muhammad ibn Abd al-Wahhab (died 1792),
who, with the assistance of Ibn Saʿud, founded Wahhabism, an ideology that has sustained the Saudi
state during the last two centuries. Saudi Arabia remains the principal country that applies Hanbali law.
Nevertheless, the writings of ibn Taymiyya and ibn Abd al-Wahhab still continue to influence the Muslim
reform and religious movements in the Middle East, from Rashid Rida (died 1935) to the Muslim
Brotherhood.

What is Taqleed

Taqlid literally means "to follow someone", "to imitate someone". In Islamic legal terminology it means
"to follow the mujtahid in religious laws." Before you start following the opinions of a mujtahid in the
Sharia law, you have to ascertain that he has the required expertise and that he is of upright character.

Necessity of Taqleed

It is not always unreasonable to follow others and to hold uncritical faith in them. We can logically
distinguish four possible forms of imitation:
that of an ignorant person by an ignorant person;
that of a learned person by a more learned person;
that of an ignorant person by a learned person;
that of a learned person by a less learned person.
It is quite clear that the first three forms of imitations are unreasonable and can serve no purpose.
However, the fourth kind of imitation is obviously not only reasonable, but also necessary and matter of
common sense; in our everyday life we follow and imitate others in many things; we like to feel that we
are taking the advice of experts in matters outside our own knowledge.
The Qur' an strongly exhorts at least a group of Muslims to devote their time and energy in studying
religion. This obligation is of such importance that Allah (SWT) has exempted such persons from the
duty of jihad.
He says:
"It is not (right) for the believers to go forth all together (for jihad). So why should not a party from every
section of them (the believers) go forth to become learned in the religion?..." (Quran 9:124).
 Sharia Law in the 21st Century

Islamic civilization since the time of Prophet Muhammad (s) until now, is firmly founded on the concept
of ‘rule of Divine law.’ Even though throughout the Islamic history kings and caliphs have contradicted
this rule of law based on secular aspects such as racism, nationalism and tribalism but the concept
remains in Islamic or Shariah law and have been practiced more often than not. Even still today Muslim
countries such as Malaysia, Indonesia, Bangladesh and many others have contradicted this philosophy
and reality of divine law.

Even though people will not believe in a practical law of Islam nonetheless governance by it is not
impossible. In a secular state people do not necessarily believe or agree to all laws but they however
must obey them as part of being under the jurisdiction. Any attempt to change the system in a criminal
manner may label him or her as treasonous.

Islamic government and Shariah law do not have many examples except Islamic Republic of Iran and
partially Saudi Arabia. The reason for this is colonialism and its legacy. Western governments have
supported despots in Muslim countries as far back as colonialism. They never honored the hope and
aspirations of self-rule for Muslims, most recent example is the coup against President Morsi. This has
created mass suffering for Muslims in their existence resulting in a broken social, economic, political and
intellectual existence. Even Iran is under constant sanctions and attacks. A country’s political and legal
development and maturity depends on stability and non-interference by foreign powers.

However, Sharia Law has managed the greatest empires from east to west and created environment for
Islamic golden age and so it can also manage modern Muslim states. The only thing needing is the will of
the Muslim rulers to adopt it and adhere by it like Islamic Republic of Iran did in 1979. Our will to adopt
it will shape not only our destiny but the destiny of the world!

Reference
www.al-islam.org
http://www.islam4u.com/ar
https://www.shiaresearch.com/
http://www.khamenei.ir/
http://dar-alifta.org
https://islamqa.info/en
http://www.oxfordislamicstudies.com

View publication stats