In order of importance, [Sharia] has four sources. First, there is the Koran, which is the record of what was revealed to Mohammed by God, speaking through the Archangel Gabriel, Its injunctions are absolutely binding on the faithful. Second, there is the sunna, or the practice of Mohammed, as understood from the hadith, or traditional stories of his sayings and doings. These are less holy than the Koran, being only what was observed of a particularly honoured man, and not the direct Word of God given at third hand. Also, there are nearly two million of them, and they often contradict one another. But they count, once any consistent doctrine can be divined from them on a particular issue, as reliable guides. Third, there is the ijima or consensus of opinion among the ulema, or learned Moslems. Fourth, there is qiyas, or a process of analogical reasoning by which, in the absence of any rule or precedent, a case is to be decided in a manner consistent with the existing body of law. In addition to these, we can be fairly certain that much law has been inherited from pre-Islamic Arabian custom, and from the near eastern societies that subsequently became Moslem.
The main development of Islamic law came to an end in the eighth century with the Foundation of what remain the four traditional schools of legal interpretation. The task of all succeeding jurists was seen increasingly to consist as no more than the application and development of principles already laid down. Then, some time during the tenth century, there came what is known as “The Closure of the Gate of Interpretation ”. Since then, the exercise of itjihad — or independent judgment — has not, in theory, been permitted at all.
Islamic law differs from our own not only in its derivation, but also in its content. With us, despite what remains from the old regimes, and despite a great mass of socialist legislation during the present century, law is a means largely of protecting life and property. Among the Islamic lawyers, this has been an end only incidental to the main one, of ensuring conformity to the will of God. “The sacred law of Islam…” according to the great western scholar of the subject, Joseph Schacht, “is an all-embracing body of religious duties, the totality of Allah’s commands that regulate the life of every Muslim in all its aspects”. Not surprisingly, any country where the government takes Islam seriously is invariably, in western terms, an exceptionally gloomy and repressive place.
Let us look at Saudi Arabia. Within the bounds set by Islamic law, the country is an absolute monarchy. It lacks even the pretence of representative institutions and freedom of the press. All public officers are appointed by the King, and are responsible in the final instance to him alone. No religion other than Islam is tolerated in public — not even the sale of crosses being allowed — and anyone who is not a Moslem is made a victim of official discrimination. All publications are subject to a searching, and what often strikes westerners as a frivolous, censorship. On the 13th of March, 1989, The Times was allowed on sale only after the censors had snipped out the relevant part of a photograph in which a lady was showing more of herself than was thought decent. Women, indeed, are treated as inferior beings, and this treatment goes far beyond the close regulation of their dress by the police. They can be divorced at will. The range of employments open to them is restricted by law, and they can take none that involves contact with any man not related to them. They cannot drive cars. They cannot travel unaccompanied by a male relative. Adultery and certain other sexual acts carry the death penalty. The drinking of alcohol, while not absolutely prohibited, is discouraged. Tobacco is only grudgingly allowed. Gambling is forbidden. Music and dance are frowned on.
March 28, 2019
QotD: Sharia law
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