The Status of The Status of Shar’iaShar’ia

in the Muslim in the Muslim WorldWorld

The Distinction between The Distinction between Shar’ia and FiqhShar’ia and Fiqh

Shar’ia is the the maxims, admonitions, legal Shar’ia is the the maxims, admonitions, legal sanctions, and prohibitions enshrined in the sanctions, and prohibitions enshrined in the Qur’an (Ayoub 117)Qur’an (Ayoub 117)

What is Shar’ia?What is Shar’ia? Qur’an and Sunna -or- Qur’an, Sunna, and classical fiqhQur’an and Sunna -or- Qur’an, Sunna, and classical fiqh

Principles/Norms (Shar’ia) vs. Knowledge and Principles/Norms (Shar’ia) vs. Knowledge and Implementation (fiqh) of these lawsImplementation (fiqh) of these laws Shar’ia is not an abstract system of ethics or moral Shar’ia is not an abstract system of ethics or moral

philosophy but a way of lifephilosophy but a way of life The Four Schools of JurisprudenceThe Four Schools of Jurisprudence

Abu Hanifah, d. 767 (Turkey, Syria, Iraq, Afghanistan)Abu Hanifah, d. 767 (Turkey, Syria, Iraq, Afghanistan) Malik b. Anas, d. 795 (North and West Africa)Malik b. Anas, d. 795 (North and West Africa) Idris Shaf’i, d. 819 (Low Egypt, East and Southeast Idris Shaf’i, d. 819 (Low Egypt, East and Southeast

Asia)Asia) Hanbal, d. 855 (Saudi Arabia)Hanbal, d. 855 (Saudi Arabia) Jafar al-Sadiq, d. 765Jafar al-Sadiq, d. 765

MethodologyMethodology Ijma (Maleki/Shaf’I/Hanbalite)Ijma (Maleki/Shaf’I/Hanbalite) Qiyas and istihsan(Hanafi School)Qiyas and istihsan(Hanafi School) Ray, Urf (Maleki School)Ray, Urf (Maleki School)

Usul al-Fiqh (Roots of Law)Usul al-Fiqh (Roots of Law) Furu al-Fiqh (Branches of Law)Furu al-Fiqh (Branches of Law) Classification of human actsClassification of human acts

Lawful and obligatory (Halal)Lawful and obligatory (Halal) Lawful and commended (Mustahabb)Lawful and commended (Mustahabb) Lawful and neutral (Mubah)Lawful and neutral (Mubah) Not unlawful yet reprehensible (Makruh)Not unlawful yet reprehensible (Makruh) Unlawful (Haram)Unlawful (Haram)

Methodology in Shar’iaMethodology in Shar’ia

Two Main Domains of Two Main Domains of Shar’iaShar’ia

IbadatIbadat Ritual purification Ritual purification

(wudu)(wudu) Prayers (salat)Prayers (salat) FastsFasts CharitiesCharities PilgrimagePilgrimage

Mu’amalatMu’amalat FinanceFinance EndowmentEndowment FamilyFamily Food and drinkFood and drink Penal punishmentPenal punishment(hudud)(hudud) Warfare and peaceWarfare and peace Judicial MattersJudicial Matters

The Status of Non-Muslims The Status of Non-Muslims and Religious Freedom in and Religious Freedom in

Muslim CountriesMuslim Countries

Abu Zaid is an Egyptian scholar who was declared apostate in 1995, divorced from his wife, and forced to

emigrate from Egypt.

Azlina Jailani was a Malaysian Muslim who converted

Christianity in 1998 and was

subsequently tried for apostasy. Her sentence is still

pending

Abdul Rahman was an Afghan Muslim who converted to

Christianity in 2006 and was tried for apostasy but not

convicted.

Family LawFamily LawThe new family code in Morocco (2004)The new family code in Morocco (2004) Equality:Equality:

Husband and wife share joint responsibility for the family;Husband and wife share joint responsibility for the family; The wife is no longer legally obliged to obey her husband;The wife is no longer legally obliged to obey her husband; The adult woman is entitled to self-guardianship, rather than that of a The adult woman is entitled to self-guardianship, rather than that of a

male family member, and may exercise it freely and independently;male family member, and may exercise it freely and independently; The minimum age of marriage is 18 for both men and women.The minimum age of marriage is 18 for both men and women.

Divorce:Divorce: The right to divorce is a prerogative of both men and women, The right to divorce is a prerogative of both men and women,

exercised under judicial supervision;exercised under judicial supervision; The principle of divorce by mutual consent is established.The principle of divorce by mutual consent is established.

Polygamy:Polygamy: Polygamy is subject to the judge’s authorization and to stringent legal Polygamy is subject to the judge’s authorization and to stringent legal

conditions, making the practice nearly impossible;conditions, making the practice nearly impossible; The woman has the right to impose a condition in the marriage The woman has the right to impose a condition in the marriage

contract requiring that her husband refrain from taking other wives;contract requiring that her husband refrain from taking other wives; If there is no pre-established condition, the first wife must be If there is no pre-established condition, the first wife must be

informed of her husband’s intent to remarry, the second wife must be informed of her husband’s intent to remarry, the second wife must be informed that her husband-to-be is already married, and moreover, informed that her husband-to-be is already married, and moreover, the first wife may ask for a divorce due to harm suffered.the first wife may ask for a divorce due to harm suffered.