Abstract
This paper elucidates Sharia, which is the religious law that governs Muslims. A significant number of Muslim trusts that Sharia law comes from the example set by Prophet Muhammad in the Sunnah and also the precepts outlined in Qur'an. According to Fiqh Jurisprudence, Sharia law is a foundation that is set to understand Sharia law by looking it thoroughly through its secondary sources. The Sharia law secondary sources entail analogy that comes from Sunnah and Qur'an during qiyas and also the consensus of the religious authors personified in ijma . In respect to this, all Muslims across the globe believe that the Sharia law belongs or it is God's law. Irrespective of this unanimous agreement, they also differ significantly on what is in the Sharia law. This essay will address approaches ranging the traditionalists and modernists to fundamentalists of the Sharia law, and shed light on various schools of thoughts.
Introduction
According to the archaic Arabic, Sharia is an indication of the "path to the water." Taking into consideration the significance of a tremendous compressed path to a spring of water for the animals and also human beings in the desert, then it is crucial to understand the reason as to why the Muslims use Sharia as a metaphor which is intended by God. It is vital to comprehend Sharia as the "pathway, a path to be followed, or clear way to be followed" to establish the relationship and any distinction between Islamic law from a classical point of view and a contemporary standpoint. The most appropriate approach is the guideline into which all the Muslim believers should tread. Analyzing Sharia from a Qur'an perspective entails the understanding that Muslim believers are reprimanded by Allah to trail the precise and right way, which is the path of Sharia. Quran 45:16 states that "then we put thee on the right way of religion so follow thou that way and follow not the desires of those who know not" ( Moustafa & Sachs, 2018).
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Since the ninth Century, the power to refine and interpret the law in traditional Islamic communities was under the authority of the ulema who were the classical scholars. The parting of power acted as a limitation of different actions that were in jurisdictions of the ruler who could not reinterpret or decreeing law as a person and anticipate continuous support from the society. Throughout the empires and centuries that followed after that, the equilibrium of the rulers and traditional scholars reformed and shifted, but this did not change the chain of command. During the early 19th Century, the French revolution and the industrial revolution imposed a period of "European world hegemony," which entailed the authorities of the Muslim's lands ( Daniels, 2017).
Traditional Perspectives
A significant number of Muslim believe that they are part of Shia or Sunni sections of Islam. In these sections, there are various schools of scholarships and religious that tries to define the Sharia law from a traditional perspective. The schools include Shi'a, Salafi, and Sunni.
Shi’a
The Shi’a Muslim has stretched their core code with Fiqh, and in various features, they are against the analogy. Despite the rejection, they have a belief that Islam was structured in ancient times to attain the current culture and innovations. Through the era after the death of the prophet, the Sunni scholars got established. Also, during the same period, the Shi'a Imams were active, and they were spreading and teaching the original information of Islam. Because twelve of the Islam Imams are the descendants of the prophet, the Shi'a think they possess the right of spreading the Islam message and also have the leadership roles of Islam. Due to this, the Shi'a sees them like the allowance of the ancient Sunnah that was educated by the prophet ( Daniels, 2017). A recurrent theme is the Shia’s jurisprudence is mantiq or logic as in the Shi’a Islam members believe they said, employed and valued to a significant level which most of the Sunni does.
Salafi
Salafi school of thought acts as a movement that analyzes the sayings and actions of the Muslim generations to guide them. Additionally, they analyze the three generations sayings and works from a Sunnah and Qur'an point of view. Therefore, the Salafi considers the model early Muslims as the foundation of Fiqh, and this has made many Muslim to embrace Salafi as their core school of thought.
Sunni
Ijma is another consensus that was added by the traditional Sunni in the list of their core code of Sunnah and Quran. The Ijma was part of the Muhammed's sahaba commonly known as a companion and also a part of ulema, the Islamic jurists on various issues. In scenarios where no stable rule was in existence, the Sunni scholars used the qiyas which means many ways of reasoning which entail analogy and to spring law from the spirit of the preliminary rulings and divine principles ( Daniels, 2017). The agreement of public interest, community, and other sources are used as the aide-de-camp to Sharia both primary and secondary sources are allowed.
Modern Approaches to Sharia Law
Various Muslims have responded in manners which forcefully addresses modernity. The responses surpass the traditional interpretation of the Sharia law from the sections and also the schools of thoughts. As a result, the Sharia law is analyzed by people who take into consideration their personal life and even where the Sharia law is put into practice in the public domain by the governments. These movements are "collectively as the contemporary Sharia."
A Spectrum of Muslim Legal Systems
During the 21 st Century, the legal system of the Muslim categorized law in various ways. First, the Muslim law was termed as the "Sharia in the secular states." Countries such as Turkey, Kazakhstan, and Mali have declared themselves as are secular ( Moustafa & Sachs, 2018). As secular states, the religious becomes part of the state operations, which is politics and law. In such nations, the role of Sharia has a limit to family and personal issues. For example, the Nigeria legal system is categorized on the English common law while its constitution ensures that there is freedom of separation of church and state and also freedom of religion. Despite this, at least eleven states have acknowledged the Sharia law and have taken a significant step of practicing it and following the Muslim faith to the latter.
The other way the Sharia is classified is "Muslim states with blended sources of law." These states include Malaysia, Morocco, Sudan, Egypt, Afghanistan, Indonesia, and Pakistan are implemented with a legal system that is guided by Sharia. Also, on the other hand, the nations are ceded with ultimate power over their rule of law and constitution. These nations carry out their democratic activities even if others are dictatorial. Also, the politician has the mandate of making the scholars make law and others.
The last but not the least categorization of the Sharia law is where the Muslim states use the classical Sharia. Some of these nations entail Gulfs states and Saudi Arabia, and they do not have any legislature or constitutions ( Daniels, 2017). T he rulers have curtained power that they use to change the law because they are categorized on Sharia and analyzed by the scholars.
Factors influencing the modern role of Sharia
Rapid exchange of ideas and cultures
Across the globe, the Muslims people are turning out to be contemporary communication and internet ambassadors. Consecutively, they are becoming a broad in the aspect of cultures and ideas. Fundamentalist and reactionary movements are not likely to hider this pattern as the Sharia law in itself is safeguard home privacy only.
A Revival of the Religion
Simultaneously, there are modernizing and liberalizing forces and trends that go towards the movements and fundamentalism for the Islamic political power. Since there have being a developing revival of the Islam religion, the campaign has shown efforts in the fights of enhancing the educations sectors across all Muslim states and all Muslim members. In respect to this, various forces within the revival of the religion are addressed, and they are as follows;
Extremism is where the extremists have fully utilized their person version of Sharia and also part of Quran so as make knowledge of the acts of terror and war against the western people and nations as well as to the Muslim people who develop sympathies for the western people ( Daniels, 2017). The friction amid the Islam and the west as a matter of Palestinian queries fuels the conflict which induces a continuing war between the two.
Conversely, the fundamentalist's movement that opts to return the fundamental religious law and values into its original norm. They are doing so by initiating harsh rules and regulations for the violations of human rights, crimes, and curtailed civil rights.
Difference Between Sharia Law and Customary Law
There are various ways in which Sharia law and customary law differ from one another. One way is through their origin. As far as Sharia law is concerned, it was found from the words that were uttered by Allah and which is exposed in the traditional and Quran collected from the prophet Muhammad. After it was established, it transformed significantly starting with the “reigns of caliphs Abu Bakr and also Umar. The changes continued up to the era of Qanun and Fiqh.
Topics of Islamic Law
The alignment of Sharia law is in various ways, which include punishments, beliefs, morals and manners, transactions and contracts and lastly ritual worships. Despite these categories, according to the Reliance of the Traveler, the Sharia law is categorized as follows; justice, divorce, marriage, inheritance, trade, the pilgrimage, fasting, the reduced tax, the funeral prayer, prayer and purification ( Moustafa & Sachs, 2018). Irrespective of how the Sharia law is organization, it is essential to understand that there exist some significant differences amid the schools of thoughts, cultures, countries, and schools of Fiqh.
Conclusion
Sharia is the religious law that governs Muslims. A significant number of Muslim trusts that Sharia law comes from the example set by Prophet Muhammad in the Sunnah and also the precepts outlined in Qur'an. According to Fiqh Jurisprudence, Sharia law is a foundation that is set to understand Sharia law by looking it thoroughly through its secondary sources. The Sharia law secondary sources entail analogy that comes from Sunnah and Qur'an during qiyas and also the consensus of the religious authors personified in ijma . In respect to this, all Muslims across the globe believe that the Sharia law belongs or it is God's law. Irrespective of this unanimous agreement, they also differ significantly on what is in the Sharia law.
References
Daniels, T. P. (2017). Introduction: Sharia Dynamics and the Anthropology of Islam. In Sharia Dynamics (pp. 1-27). Palgrave Macmillan, Cham.
Moustafa, T., & Sachs, J. A. (2018). Law and Society Review Special Issue Introduction: Islamic Law, Society, and the State. Law & Society Review , 52 (3), 560-573.
