On June 10, 2017, at the Minnesota State Capitol in St. Paul, an anti-Sharia Law protest was led ACT for America. There was a counter protest, and things got a bit ugly at one point: There were a few scuffles, more than just a few bruised egos, and, in the end, seven people ended up getting to know our judicial system a little better than they did before.
Thankfully, though, almost everyone got to go home to their families.
But this got me thinking: You have ACT for America on the one hand saying that Sharia Law is incompatible with our constitution and with American Values. On the other you have American Muslim groups saying that statements such as the ones made by ACT for America display an innate lack of understanding.
The following can be considered a kind of Sharia Law 101. I’m not going to delve too deep or offer any sort of opinion on the matter; these are simple facts and truths about what Sharia Law is, and is not, with reputable sources for further information.
So, what is Sharia?
Sharia, pronounced SHA-ree-ah, is an Arabic word meaning “way” or “path.” According to this article from Real Clear Religion, it is the ethical and moral principles that are drawn from the Quran (the Islamic holy book) and the practices and sayings of the prophet Muhammad (the Hadith). This article from the BBC adds that it is also uses the rulings of Islamic Scholars (fatwas).
Sharia is not to be confused with Islamic Law, as it is in no way a legal system.
Islamic Law
Islamic Law is the set of laws derived from the human interpretation of Sharia. Interpretations of Sharia were used to show people that the laws were indeed Islamic because they were based on Sharia. As these laws are human interpretations, Islamic Law can vary from place to place, and from one time in history to another.
In this article from Salon, Abed Awad, an attorney and expert on Sharia, had this to say about how U.S. courts would use Islamic Law in a court case:
It is utilized the same way as Jewish law, or canon law, or any other law.
Simple.
Legal Concerns
When it comes to legal issues, the Sharia takes any human activity and places it into five categories: obligatory, recommended, permitted, disliked, or forbidden.
Obligatory actions are actions when performed with good intentions are rewarded and must be performed. The opposite to these actions are forbidden actions which should never be performed. Recommended actions are activities that should be done and the opposite of these actions is disliked actions. And the largest category is permitted which encompasses actions that are neither encouraged or discouraged and most human activities fall into this category.
The legal philosophy is also simple. Sharia is meant to promote human welfare, and living the best life possible.
(Further information can be found in this article from the BBC.)
Human Welfare
The BBC article mentioned above explains that human welfare is based upon achieving necessities, needs, and comforts.
Necessities are the the basis of worldly and religious life in Sharia. Without these things, life would be full of hardship and the afterlife full of punishment. Preservation of religion, life, intellect, lineage, and wealth are the five necessities.
Needs and comforts are what we as people seek out in life in order to ensure a happy, healthy life. These things are not needed but help avoid hardship and keep all of us comfortable. If it ensures happiness under the Quran and teachings of Muhammad then it is permitted in Sharia.
Beyond
Typically there are a handful of issues that are brought up with Islamic Law. The following are the issues most often discussed, along with where Sharia Law stands on these issues:
Honor Killings and Female Genital Mutilation
Although Islamic Law is often cited as a reason for an Honor Killing, there is no basis for it in the Quran or any Muslim teachings. There are two verses in the Quran that show how frowned upon an honor killing would be (as it is murder):
“Whoever kills a believer intentionally, their reward will be Hell, to abide therein forever, and the wrath and the curse of Allah are upon them, and a dreadful penalty is prepared for them.” (Holy Quran, 4:93)
“On that account: We ordained for the Children of Israel that if anyone kills a person – unless it be for murder or for spreading mischief in the land – it would be as if they killed all people. And if any one saved a life, it would be as if they saved the life of all people.” (Holy Quran, 5:32)
In reality, this is just a smoke screen thrown up to justify domestic violence.
Female Genital Mutilation is strictly forbidden. An international conference in November 2006 was held on the topic of FGM. The conclusion they came to was, because among the highest values in Islamic Law is the Prophetic command to neither inflict nor accept harm, that all measures must be taken to put an end to the practice.
Read more: The Islamic view on female circumcision
Child Marriages
The following two verses from the Quran show that forcing someone into marriage and to marry off a child is forbidden under Sharia. The person getting married must agree to the marriage and be of mature mind and sound judgement.
“And test the orphans [in your charge] until they reach a marriageable age; then, if you find them to be mature of mind/sound in judgment, hand over to them their possessions…” (Holy Quran, 4:6)
“O You who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will.” (Holy Quran, 4:19)
Read more: Does The Quran Really Permit Child Marriage?
Adultery
The actual punishment for adultery under Islamic Law is lashing based on the Quran or stoning based on the hadith. The issue is that, under Islamic law, in order for a person to be stoned the act of actual penetration would need to be witnessed by no fewer than four witnesses. This rarely happens, mostly due to the fact that people are usually quite secretive when committing acts of adultery.
Read more: What Sharia Law Means
With the amount of misinformation floating around, often used to foster xenophobic and anti-Islamic statements and sentiments, it’s important now more than to put a focus not only on knowledge and learning, but also understanding.
Read this article next: Halima Aden and the beauty of Minnesota
