Shari'a Law and its Role
Uploaded by chiccinbum on Apr 24, 2007
What is Shari’a and what role does it play in the lives of Muslims?
This essay primarily seeks to determine what Shari’a is through examination of its four main sources, or ‘usul.
Firstly, the Qur’an and Sunna, which are generally considered divine law and the basic immutable truth for all Muslims.
Secondly, Ijma (consensus) and Qiyas (analogy), which are methods of understanding the laws already believed to be present in the Shari’a.
Ijtihad refers to the process of legal decision making through independent interpretation of the Shari’a by a Mujtahid. Taqlid is the “imitation” of a Mujtahid, the opposite of ijtihad. These concepts will be discussed in the context of their effect on the five main schools of Islamic jurisprudence within Sunni and Shi’ite tradition.
Once the roots of Shari’a are explored, the essay will progress to its secondary objective and discuss the role of Shari’a in the lives of Muslims in modern societies.
Shari’a translates as “way to a watering place” which illustrates its purpose of helping followers achieve salvation. It does this by regulating society and the individual with a legal structure governing aspects of personal and public life, especially for those living under Islamic jurisprudence.
Before examining what makes up Shari’a it is prudent to deal with a confusing issue around the term Shari’a and its roots, which the following quote from an Islamic scholar helps dissipate:
“the concept of Shari’a has been thoroughly confused in legal and common literature. For some Muslims, Shari’a consists of the Qu’ran and Sunna, for others it also includes classical fiqh. Most encyclopaedias define Shari‘a as law derived from the Qur’an, the Sunna and classical fiqh derived from ijma and qiyas. This definition inappropriately lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as the Qur’an and Sunna which constitute the immutable Basic Code, which should be kept separate from ever-evolving interpretative law (Fiqh). This analytical separation between the Basic Code and fiqh is necessary.” (Khan, 2003, 346)
This illustrates the accepted mainstream Islamic distinction between fiqh; the “understanding of details” by Mujtahidun and Shari’a; the principles underpinning fiqh which are held to be divinely appointed, immutable and eternal.
The ‘usul-al fiqh or roots of Islamic law are, in order of primacy:
1. The Qu’ran
2. The Sunna
3. Ijma (consensus)
4. Qiyas (analogical reasoning)
The Qu’ran is the primary,...