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BY ALONZO L. GASKILL, PH.D.
The word Sharī‘ah (which means the “way”—implying the “true way” to live) comes from the root-word, shara‘a, which means to “prescribe” or to “enact.” Sharī‘ah law is the God-given or divinely revealed body of religious laws, given by Allah, and recorded in the Holy Qur’an and (in the minds of most Muslims) in other sacred texts and traditions.
Sharī‘ah law is very complex and volumes have been written on its parameters and application. Thus, our discussion here must necessarily be nothing more than a simple summary—as entire websites have been dedicated to the discussion of the complexity and intricacies of this body of Islamic law.
Definition
One source explains: “Sharia can be thought of as the canonical law of Islam. Functionally it expresses the ethical and moral commitments that regulate the daily lives of Muslims, irrespective of the political realities under which Muslims live.” In short, Sharī‘ah law is the law that governs the religious and family life of most Muslims (e.g., rules for prayer, fasting, marriage and divorce, inheritance, etc.), but not governing societal laws (which Islam accepts should be determined by the leadership of a nation, and its civil courts and magistrates).
Islam does not seek to draw a distinction between public life and the personal observance of religion—as that bifurcates people into a spiritual part of their existence and a secular part of their life; something Islam sees as inappropriate. Muslims are expected to be same holy and faithful persons in their public lives as they are in their spiritual, religious, or private lives. That being said, Islamic law is primarily focused on “prescribing” (shara‘a) the personal and family life of the practitioner. It allows the so called “laws of the land” (and the penalties for breaking those) to be determined by civil authorities, not the religion’s authorities. In The Concise Encyclopedia of Islam (p.362), Cyril Glassé pointed out, “Because Islamic law is extremely idealistic in its approach, assuming a natural desire to conform to the truth, and the existence of a ‘holy’ society disposed to religious conformity, there has always existed a parallel system of justice administered by the state.”