Islamic Law
In Arabic, Shariah means the clear, well-trodden path to water in Islam it is used to refer to the matters of life that God has legislated for his followers. Sharia law governs Muslim life. Sharia law comes from a blend of sources including the Quran and the Hadith or Sunna the Hadith were written some 200 or so years after the prophet (pbuh) passed away. The Hadith documents the manner in which the prophet Mohammed lived, and the rulings (fatwa’s) of Islamic scholars.In the Islamic tradition Sharia is seen as the law and not in the light of something backward but as rather delightfully revealed.
Sharia began when the Prophet Mohammad (pbuh) lay down the laws some of them were directives fixed in the Quran other laws grew up based on the Prophet's own (Sunna – the prophets way of life and examples he set) example, such as the rulings he gave to cases that happened in his lifetime. These secondary laws are based on what's called the Sunna.
Sharia sources are:
- Primarily on Quran
- Sunna.
- Judges were free to use their acumen
Sharia books are usually categorised into four parts:
- Laws relating to personal acts of worship
- Laws relating to commercial dealings
- Laws relating to marriage and divorce
- Penal laws.
Islam puts the needs of society first, with the proviso that injustices should always be able to be taken to fair and uncorrupt judges. Although when most people think about Sharia Law (Muslim law) images of people being beheaded, hands being cut off and public floggings often spring to mind. Sharia is usually seen by western countries as a cruel inhuman law of Muslims. It is important to point out these punishments are applied as the extreme upper limit or circumstances of Sharia law. Hence, if a person was sentenced to having a hand cut off, they should not be sent to prison or be fined as well.
Murder
Murderers can be put to death by Sharia Law, however once the judgement has been made, appeals can be made to the family of the murdered victims. If the family agrees to show mercy then the murderer is not put to death.
Adultery
Muslim countries have far less focus on sex it is usually regarded as a flaw that can lead to all sorts of problems. The penalty for adultery is open to debate. Most scholars will insist that the penalty as laid down in the Quran was 100 lashes, and there were different regulation about how lashes were to be given.
Dress
Sharia does not require women to wear a burqa. The rule of dress for women is modesty, the word hijab implies 'covered'. When men try to enforce Muslim dress on women, this is forbidden. Some Muslim women feel that they should cover everything from neck to ankle, and neck to wrist. Others also include a head veil (this is the most controversial bit, and millions of Muslim women choose to wear it, or alternatively choose not to wear it although there is no Islamic text requiring this extreme.
Forced marriages
In Sharia Law any marriage that is forced or marriage without a persons consent. Forced marriage or persons being tricked into marriage is totally forbidden in Islam.
Divorce
Grounds for divorce are practically the same as in the England these grounds include living apart for a length of time not being compatible. If the woman wanted divorce but the man did not, she could approach a religious judge and be granted divorce so long as she repaid the husband's mahr.
Children of a divorced couple would normally go with the mother, but the father would have to pay maintenance.