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Islamic Shariah: Origin and Future of International Law


From suppression of freedoms to propagation of oppression & aggression, a lot of lies led to much misconception about Islamic Shariah, set over 1400 years ago, and in its essence the core and origin of a great deal of today’s Int'l Law.



So much has been said about Islamic Shariah, between profuse lies, distorted views and sheer ignorance, and yet continues to be said, leading to much confusion over what exactly Shariah means, limiting its broad code to chopping off heads and hands, in other words, the Hudud, or fixed punishments.

Shariah is the law or set of laws and religious code bounding each and every area of a Muslim’s life, based on two principle divine sources that’s the Quran, and the example set by Prophet Muhammad (may the peace and blessings of Allah be upon him).

Besides the two primary sources of Islamic Law, that’s the Quran and Sunnah, Islamic Fiqh, or Islamic  Jurisprudence, explains the application of the Islamic law, based on two other secondary sources, that’s Ijmah, Consenseus of the Ummah (referred to as the Companions of the Prophet), and analogy from the Quran and Sunnah (known as Qiyas)

Resources and classifications falling within the frame of the Islamic Shariah are not just unknown to non-Muslims, but are equally confusing for most Muslims, particularly those who chose to embrace the Western understanding of Shariah as a threat endangering human dignity and well-fare instead of safeguarding them.

Simply put, Shariah, as a law, does encompass all areas of life, and is not restricted to cases of divorce, inheritance and Hudud (fixed punishments). But further stretches to include economic issues, politics, status of minorities and how to grant them their due rights, among others.

Much of the fallible misunderstanding and misrepresentation of Shariah is the result of individual interpretation of the holy text of the Quran and Sunnah, which should be explained only by acclaimed scholars and jurists who have acquired the tools enabling them to interpret the sources of Shariah and thus extract legislations or rulings pertaining to human dealings and life in general.

A deep look into the noble Islamic Shariah would render a shockingly fine understanding of the strict protection Allah has granted to human lives, dignities, rights and beyond. A comprehensive understanding of the broad Islamic law will find in it the origin of today’s “International Law” including the family law, how to deal with prisoners of war (look up the covenant of Madinah; marvelously and wisely tailored by the Prophet and respected by the Muslims, Christians and Jews alike), rights and lands disputes, clearly set and defined over 1400 years ago- divinely inspired, and clearly explained by the noble Prophet (pbuh).

With more merits of the Islamic law proving themselves and uncovering each day, such as Islamic banking- that's gaining increasing global prominence, Shariah is expected to have the upper and dominant hand in the future International law.

The relationship between modern international law and Islamic law is becoming more tightly woven each day, only for those of wise mentality and broad knowledge of legal matters.

Recent controversy and verbal battles inspired by the Arabs’ revolutions are inviting more debates over the matter, and could be one good chance for people to revisit their understanding of Shariah and may be seize the chance for a proper execution of all its branches (that goes beyond the limited and largely restricted execution of Hudud) and see how a cohesive Islamic life that grants everybody their due rights and safeguards social justice in its most genuine forms can only be implemented through the complete and wise installation of Shariah rule.

Shariah Law is to be explained in details in a separate post, wherein I shall attempt to map its conception against what’s modernly referred to as International Law.

Wassalaam,
Maha Youssuf

maha@muslimtribune.org

Posted on: November 24, 2011   

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