Sharia law explained: what Sharia means

What does Sharia mean?

Sharia (also spelt Shariah or Shari'a) is the Arabic word shari'ah. In his dictionary of word roots, Mu'jam Maqayis al-Lughah, Ibn Faris (d. 395 AH, in years of the Islamic calendar counted from the Hijrah) says al-shari'ah is the place where those who drink come down to the water, and that shir'ah and shari'ah in religion are derived from it 3.

The word itself appears in Al-Jathiyah 45:18 (surah 45, verse 18), addressed to the Prophet Muhammad, peace be upon him. In the English, "a clear road of (Our) commandment" translates shari'atin min al-amr.

Two more verses use the same root. Al-Maidah 5:48 says: "For each We have appointed a divine law and a traced-out way." The Arabic there is shir'atan wa minhajan. Ash-Shura 42:13 opens with the verb: "He has ordained for you that religion..."

Where does Sharia law come from?

Classical works on usul al-fiqh (the principles of fiqh) name its sources. Al-Shafi'i (150 to 204 AH) writes in al-Risalah that no one may ever call a thing lawful or unlawful except from knowledge. The way to knowledge, he says, is a report in the Book or the Sunnah, or ijma, or qiyas 4.

The Quran and the Sunnah are texts; ijma and qiyas, as al-Juwayni defines them, are an agreement of scholars and a method of reasoning. Both are covered in Ijma, qiyas and ijtihad explained (coming soon).

What is the difference between Sharia and fiqh?

In al-Juwayni's definition, fiqh is knowing the Sharia's rulings by ijtihad. In al-Waraqat, al-Juwayni (d. 478 AH) words it as knowledge of the rulings of the Sharia whose way is ijtihad, and defines ijtihad as exerting full effort to reach the goal 5.

The root of fiqh is about understanding. Mu'awiya, may Allah be pleased with him, said in a sermon that he heard the Prophet say that when Allah wants good for someone, He gives him understanding of the religion. The verb, yufaqqihhu, comes from the same root as fiqh (Sahih al-Bukhari 71, graded sahih).

1AuthenticSahih al-Bukhari 71

A judge's striving can miss. 'Amr ibn al-'As, may Allah be pleased with him, heard the Prophet say that a judge who strives to judge and is right has two rewards; one who strives and errs has one (Sahih al-Bukhari 7352, graded sahih).

2AuthenticSahih al-Bukhari 7352

More in What is fiqh (coming soon).

What are the rulings of fiqh called?

Al-Juwayni lists seven in al-Waraqat and defines each by reward and punishment, or by whether an act counts 6.

What are the four Sunni schools of Sharia law?

Each school (madhhab) is named after a scholar. Ibn Juzayy (d. 741 AH), a Maliki scholar, writes in al-Qawanin al-Fiqhiyyah that by "the four" he means Malik, al-Shafi'i, Abu Hanifah and Ibn Hanbal, and he calls them leaders of the Muslims across the lands, each with followers 8. His book follows Malik's school, which he says the people of al-Andalus and the rest of the Maghrib (the western Islamic lands) chose, and notes where the other three agree and differ.

Why they differ has its own lesson: Madhhabs and why scholars differ.

What does Sharia law cover?

Ibn Juzayy's book starts with worship. His al-Qawanin al-Fiqhiyyah opens with a short statement of creed, then splits fiqh into two halves, worship and dealings, of ten books each. It closes with a book on conduct 9.

• Worship ('ibadat)Purification, prayer, funerals, zakat, fasting, Hajj, jihad, oaths and vows, food and slaughter, sacrifice and 'aqiqah.
• Dealings (mu'amalat), family includedMarriage, divorce, sales and contracts, judges and testimony, homicide and hudud (penalties for set offences), gifts, freeing slaves, inheritance and wills.
• Conduct (the closing book)According to Ibn Juzayy, what is commanded and forbidden for the tongue, body, heart and wealth, for a person alone and between people.

Ibn Juzayy's book on blood and hudud opens by saying that the offences which bring a punishment are thirteen. He lists killing, wounding, zina (unlawful sexual intercourse), false accusation of zina, drinking wine, theft, armed rebellion, highway robbery, apostasy, hidden disbelief (zandaqah), insulting Allah, the prophets or the angels, practising magic, and abandoning prayer and fasting 11. In his book on judgeship he counts carrying out the hudud among the matters within the judge's (qadi's) authority. The penalties themselves are not set out on this page.

The UK government's 2018 independent review into sharia in England and Wales also describes it as including "religious observances such as fasting and prayer" and worship in general, as well as law 12.

What are the aims (maqasid) of Sharia?

Al-Ghazali (d. 505 AH) writes in al-Mustasfa that the aim of the Sharia for people is five things: to preserve their religion, life, intellect, offspring and wealth. Whatever protects these five he calls a benefit (maslahah), and whatever loses them a harm 10.

1. Religiondin
2. Lifenafs
3. Intellect'aql
4. Offspringnasl
5. Wealthmal

He ranks benefits in three levels, necessities, needs and refinements, and places the five among the necessities. He adds that no religion meant for people's good could fail to forbid losing them.

On the same page he gives an example of qiyas: every intoxicating drink or food is prohibited by analogy with wine, because wine was prohibited to preserve the intellect.

Is Sharia law the same as a country's legal system?

The 2018 review describes sharia as "written jurisprudence and law developed on the basis of a diversity of opinions among jurists in the classical period of Islam". It notes that Muslims use the word "in diverse ways", and that many aspects of sharia have been modified or modernised in most Muslim countries. In personal law, especially marriage and divorce, it adds, many Muslim societies still observe the rulings of classical jurisprudence 12.

Is there Sharia law in the UK?

Chaired by Professor Mona Siddiqui and published by the Home Office on 1 February 2018, the independent review looked at sharia councils in England and Wales; to the best of its knowledge there are none in Scotland. It defines them as voluntary local associations of scholars (estimates range from 30 to 85) who mainly advise on religious marriage and divorce. It states that they have no legal status and no legal jurisdiction, that they are not courts, and that where a council's decision conflicts with domestic law, domestic law prevails 12.

Although the councils claim no binding legal authority, the review adds, they "do in fact act in a decision-making capacity when dealing with Islamic divorce". It describes sharia itself as "a source of guidance for many Muslims".