Muslim Law
(Shari'ah)
Islam has a balanced approach to law. The Qur'an indicates that Punishment must fit the crime, however, forgiveness is preferred [Qur'an 16:126]. Islam is not a vengeful tribal religion trapped in commandments and punishment which lead humans to despair.
Islam does not waive punishment for all crimes and all criminals which could easily wreck the society. Punishment or forgiveness must be decided on a case by case basis.
Muslim Law is based on several principles derived from the Qur'an and the Prophet Muhammad's tradition. One of the basic principles is God's desire to ease our lives [Qur'an 2:185].
The details of Muslim legal principles are beyond the scope of this effort. Some of the basic principles are discussed here.
The Covenant of Medina (The World's First Written Constitution) sanctified life and individual property and prohibited crime.
According to Muslim Law the right to privacy is protected. Spying and entering someone's home without permission are prohibited.
The state covered court cost which allowed poor people to seek justice from the rich without fear of financial ruin. Nobody, including the Sultan, was above the law.
False accusations and false witness were punished. Character witnesses had to be of good character themselves and had to establish intimate knowledge of the person in question. This intimate knowledge was based on business dealings, or joint long distance travel, or being a neighbor with familiarity of the comings and goings of the person in question.
The Prophet Muhammad considered Islam the Golden Mean. Whatever benefited the majority of Muslims was considered legal.
Long term imprisonment was considered inhumane punishment by the freedom loving Arabs. Short term imprisonment was sparingly used for repeat offenders. The most common punishment was lashing the offender in public.
One of the basic legal principles
Even animal rights were not left out. Inhumane treatment of animals or branding them in the face were prohibited. Animals cannot be used for target practice. Those who slaughtered animals for food were required to sharpen their blades and not to slaughter an animal in view of another animal.
Napoleonic Law was influenced by Muslim Law. Napoleon returned to France from his Egyptian campaign with the books of Malik, who founded the traditional school of Muslim Law, and the books of his successors.
Three additional principal schools of Muslim Law were founded by Abu Hanifah, Al Shaf'i, and Ibn Hanbal. All four schools thrived during the Renaissance of Arabic civilization when Muslims ruled the civilized world from the 8th through the 15th centuries. Many Muslim legal scholars were also Sufis, scientists and philosophers. This resulted in the world's most sophisticated legal system through the 15th century.
The collapse of the Muslim civilization toward the end of the 15th century ended 8 centuries of legal scholarship. This trapped Muslim Law in an alien 15th century world when Muslims ruled the civilized world.
Today Muslim countries are using a mixture of 15th century Muslim Law and contemporary Western Laws with mixed results. The need to bring Muslim Law to the 21st century is urgent. It is true that the foundations of Muslim Law, namely the Qur'an and the tradition of the Prophet Muhammad, have not changed since the 15th century. It is the legal structure built on the foundations that needs updating following centuries of neglect.
The Qur'an is not a book of words, stories or commandments. The Qur'an is the eternal word of God in the form of Arabic clues, signs, and guidelines to help the Muslim succeed in this world and in the hereafter. The massage of Islam cannot be frozen in time and has no single or official interpretation.
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Revised on 10/3/99
Copyright © 1997-1999, A. Aly. All Rights Reserved.