Addressing Misconceptions: What is Shariah Law?
This article was co-written with the Muslim.Sg editorial team (Alia Abdullah, Ustaz Mateen Hisham and Nuratika Ramli), in collaboration with Ustaz Muhd Saiful Alam Shah, Ustaz Feirul Maliq and Ustaz Abdullah Al-Muaz from Office of the Mufti. Articles on Muslim.Sg may be reproduced electronically or in print with prior permission from Muslim.Sg. Proper credit must be given to the author(s) and Muslim.Sg.
What is Shariah (Sharia) Law?
The following article is based on Episode 5 of Muslim.Sg’s Addressing Misconceptions series on Shariah. The video is embedded below.
- Misconception #1: Shariah Law is Corporal and Capital Punishment in Islam
- Misconception #2: The Hudud Law Must Replace the Conventional Penal Code for Muslim Societies
- Misconception #3: According to the Shariah Law, Premarital Sex Must Be Punished by Stoning
In 2022, several international media outlets such as CNN, BBC and The Guardian reported on a Taliban rule1 enforcing the Shariah Law, which includes public executions, stoning and amputation of limbs for thieves, amongst others2. Although it was reported that Taliban judges avoided issuing such punishments, there were reports of Taliban fighters subjecting civilians to the punishments themselves outside of the government’s jurisdiction3. This example, amongst others, can mislead many to think that Shariah is all about punishments.
A quick search about Shariah (also spelt Sharia or Syariah) on prominent dictionary websites defines that Shariah is the law in Islam4. Does this mean a Muslim citizen of a non-Muslim majority country needs to comply with the Shariah Law instead of the Civil Law of their country? For a Muslim, do we need to substitute the civil-state laws for the implementation of Shariah in our constitution because both ‘laws’ are different and they contradict one another?
This article intends to address some misconceptions around the topic of Shariah Law.
Misconception #1: Shariah Law is Corporal and Capital Punishment in Islam
Negative stereotypes about Shariah often emphasise and focus on the penal code in Islam. To address this misconception, let us look at the essence of Shariah itself.
Shariah (شريعة) linguistically means a ‘path’ or a ‘way’. It could also mean a natural stream of water to be used for drinking5. Since water often relates as a symbol of life, Shariah connotes a path that offers life to those who follow it.
In religious terminology, Shariah is the path that Allah s.w.t. has guided us upon, based on divine revelation and the prophetic life; The Quran and Sunnah of the Prophet s.a.w. It is a path that leads to success and happiness in this world and the Hereafter.
Read: The Key To Happiness in Islam
Allah s.w.t. says in the Quran:
ثُمَّ جَعَلْنَـٰكَ عَلَىٰ شَرِيعَةٍ مِّنَ ٱلْأَمْرِ فَٱتَّبِعْهَا وَلَا تَتَّبِعْ أَهْوَآءَ ٱلَّذِينَ لَا يَعْلَمُونَ
“Now We have set you (O Prophet) on the way (Shariah) of faith. So follow it, and do not follow the desires of those who do not know (the truth).”
(Surah Al-Jathiyah, 45:18)
In Imam Al-Qurtubi’s tafsir (Quranic exegesis), Ibn ‘Abbas interprets ‘the way (Shariah)’ as guidance on faith.
So Shariah, by definition, is not punishment or even the judiciary system per se, but it is essentially a way of life for Muslims to live individually and socially as a community. This includes matters beyond laws, such as our belief system, values and moral codes of conduct.
Read: How to Pray in Islam: Step-By-Step Guide to Solat for Beginners
If a person lies to a friend over seemingly trivial matters and not upon a legal contract, it is considered a sin and not a state crime. This is to say that there is a distinction between the Shariah as a moral code and the legal state system. In fact, Shariah, in this sense, is even broader, more multifaceted, and encompassing beyond the rules of conventional law, which are understood merely in binary terms: legal and illegal.
Five Categories of Human Behaviour in Shariah
Shariah underpins that all human behaviour can be categorised into five of the following:
- Obligatory (wajib): It is made obligatory for you to fulfil it. If a person does not perform it, it is considered a sin.
E.g. Praying five times a day unless unable due to valid reasons such as menstruation.
- Recommendations (sunnah): It is recommended that you fulfil them. If a person does not perform them, they will not be held accountable.
E.g. Eating with your right hand.
- Neutral Actions (mubah): Actions that are entirely neutral and are up to you.
E.g. Eating or drinking without any virtuous cause or intention.
- Discouraged actions (makruh): It is discouraged from performing them. It's not a sin, but it is morally discouraged.
E.g. Eating while walking.
- Prohibitions (haram): It is prohibited to perform such deeds. Performing it is considered a sin. Abstaining from it, on the other hand, is rewarded as a good deed.
E.g. Drinking alcoholic beverages.
In principle, Shariah is first and foremost a moral code for believers to be accountable to God in the Hereafter before being a legal code, where Muslims are made accountable in this world. So, even if a person escapes the judiciary system for a crime, they are still accountable to God6.
Congregants performing prayers in Masjid Sultan, Singapore.
Core Themes of Shariah
Other than the theological discourses, the core themes and subjects of the Shariah are acts of worship (ibadat), which comprise issues about purification (taharah), prayer (solat), and pilgrimage (hajj), just to name a few.
As we have come to understand that Shariah is a guide for Muslims in all aspects of human life, it also involves subjects that are related to legal laws, such as marital issues (munakahat), transactions (mu’amalat), and judicature (qadha’).
According to Dr. Jonathan Brown, if we look at the regular classical works on Islamic Jurisprudence (fiqh), only less than 2% of the discourse on Shariah is devoted to the penal codes, called hudud. Unfortunately, today, many people think that Shariah is only about the hudud law, thus undermining the overall understanding of Shariah itself.
The Higher Objectives of Shariah
Many scholars, past and present, have consistently emphasised the importance of achieving the objectives or principles of the Shariah (maqasid shariah), which focuses on fulfilling the protection of our necessities, primarily (dharuriyyat): the religion (deen), life (nafs), intellect (‘aql), lineage (nasab), and wealth (mal).
Read: What You Need to Know About Maqasid Al-Shariah
While the Shariah itself has specified rulings and regulations for Muslims to lead their lives, understanding its objectives and values is key to offer us clear guidance on why these rulings are prescribed, what ethical considerations should be applied and how to uphold fundamental values, such as justice and compassion, especially in an increasingly dynamic world.
Read: 5 Things to Know About Fatwa
Thus, it is imperative that the legal ruling reflects ‘the spirit of the law’. For example, as we will see later, if the Shariah stipulates a specific penal code, why is it seemingly non-punitive in some Muslim societies today? Does applying the penal code regardless of the circumstances reflect the objectives of the Shariah? These are some questions that we will discuss in the following misconceptions.
In summary, capital and corporal punishments are not the essence of Shariah. Rather, Shariah is a holistic pathway blessed by Allah to guide us in this world, addressing our beliefs, practices, and ways of conduct. Shariah is not static to one ideal circumstance but is relevant in all conditions and times. The objectives of Shariah are noble in helping us establish justice and mercy as they are divinely ordained.
The Compatibility of Islamic Principles with Modern Legal Systems
In Preserving The Sanctity of The Shariah, Mufti of Singapore, Dr Nazirudin Mohd Nasir, highlights that to many Muslims, the modern state is not seen as an enemy, even if its laws and political system don't explicitly reflect Islamic symbols or codify classical Muslim law. What matters to them is how these laws affect their social and religious lives, and whether they align with the teachings of their religion. If Muslims can live and work alongside others in a society protected by the state, and if the state helps to build a functioning and united community, then the state is considered an ally, and its legal structures should be respected.
This vision of a harmonious, multi-religious society thriving under the protection of the state's laws does not conflict with the traditions of Islam and its principles of freedom, fairness, equality, and the common good. The Shariah, or Islamic law, is not inherently opposed to modern laws. It includes a wide range of principles and goals that allow for new and positive ways of engaging with modern society. As the influential Muslim jurist Ibn Al-Qayyim taught many centuries ago, Shariah aims to protect society from injustices, aggression, and harm and strives to promote the common good for everyone. This philosophy of law also forms the basis of much of contemporary jurisprudence and legal systems.
Mufti Dr Nazirudin further explains that understanding and interpreting God's law, as found in sacred texts, requires careful analysis and expertise. Over centuries, scholars have developed a process for interpreting these laws, which continues to evolve. In Muslim jurisprudence, there is diversity in the interpretation and implementation of Shariah Law.
A global study conducted by the Pew Research Centre on the perceptions of Shariah by Muslims concluded there isn’t a consensus on what Shariah is and how it should be implemented. Additionally, modern Muslims have embraced a more nuanced view of Shariah, allowing them to live under the laws of their country while also expressing their concerns and participating in democratic processes.
Civil & Religious Law In Singapore
In many countries, including Singapore, the legal framework allows civil and religious laws to coexist. In Singapore, the civil legal system is based on common law and legislation, while matters related to personal law for Muslims are governed by the Administration of Muslim Law Act (AMLA), which includes aspects of Islamic law.
The AMLA provides for the establishment of the Shariah Court in Singapore, which has jurisdiction over matters such as marriage, divorce, and inheritance for Muslims. It is important to note that the Shariah Court operates within the framework of Singapore's legal system and its decisions are subject to the laws of Singapore.
Therefore, in Singapore, Muslim citizens are subject to both civil laws and the provisions of the AMLA. The AMLA does not replace civil-state laws, but rather provides for the application of Islamic law in specific personal matters for Muslims.
Read: The Administration of Muslim Law Act (AMLA)
Although the Shariah court does not have the judiciary to implement the hudud law (which we will discuss in the next misconception in greater detail), this neither means that it contradicts Shariah nor does it take away the fact that Muslims in Singapore are able to observe their religion.
Read: Addressing Misconceptions: Governance in Islam
Misconception #2: The Hudud Law Must Replace the Conventional Penal Code for Muslim Societies
One common misconception is that Shariah is solely focused on harsh punishments such as stoning and amputation. In reality, Shariah encompasses a wide range of legal principles and guidelines, including aspects of personal ethics, family law, and finance.
Let us explore the meaning of hudud. Linguistically, hudud is the plural of had, which means the deterrent or limits of something9. When it is used under the context of Shariah legal law, hudud refers to the penal code in Islam, which is the set of rules that determine the limits or boundaries of transgression against the rights of others and demand the rightful penalty. Hudud laws are subject to strict evidentiary requirements and procedural safeguards.
It's important to clarify that the implementation of hudud punishments is not a universal requirement in all Muslim-majority societies. The application of hudud punishments is a complex and contentious issue within Islamic jurisprudence, and many Muslim-majority countries have chosen not to implement these punishments in their legal systems.
Scholars differ on where the hudud laws apply. In very simple terms, the hudud laws focus on adultery and fornication (zina), false accusation of zina (qazf), theft (sariqa), banditry or terrorism (hiraba), consumption of intoxication (shurb al-khamr), and apostasy (riddah).
Each of these crimes requires further explanation and is subject to scholarly differences of opinion. First, we need to understand them as they were understood in their historical context, not merely by literal reading of historical texts.
The Question of Apostasy
For example, many contemporary scholars view that the hudud law does not apply particularly to apostasy. To understand why, let us go back to how religion is viewed in the pre-modern world.
Unlike today, religion in the ancient and mediaeval world was not considered merely a private matter but was also part of governance. Whether they were monotheists or pagan societies, humans saw religion as essential.
An online publication by the Cambridge Press stated, “Modern anthropological research shows that rulers of the earliest known states all based their authority on the claims of religion”. This meant that religion had a political significance which marked the order and identity of a society.
Read: Shaheed Meaning and Its Relevance Today
So when apostasy was dealt with the punishment of death in classical Islamic jurisprudence, it was referring to individuals who proclaimed apostasy to shake the political power, which was akin to high treason12, and not merely for the reason of adopting another religion in private.
This can be further justified when we look at the Sirah of the Prophet s.a.w. Although some hadith narrates the Prophet s.a.w. as having said: “Whoever changes their religion, kill them” (Sahih Al-Bukhari), in practice, there is no reliable evidence that the Prophet s.a.w. ever executed anyone for apostasy13.
In fact, there are multiple sources which indicate some Muslims who apostatised but were not punished by the Prophet s.a.w. The Treaty of Hudaibiyah stated that if a person decided to leave the Muslims in Madinah and join the Quraysh in Makkah, no harm would befall them.
Read: 4 Things to Know about The Story of Hudaibiyah
Imam Asy-Syafi’i himself noted, “Some people believed and then apostatised. Then, they again took on the outer trappings of faith. But the Messenger of God did not kill them.”14
Hence, it is crucial that we understand these transgressions not just from the text but also from the context and intent of the deterrence.
Hudud Is To Deter Crimes & Indecency
The majority of scholars view hudud as being meant for deterrence (zawajir), as the definition suggests, rather than punitive (jawabir) purposes.15 In a hadith narrated in Sahih Muslim, two different cases of adultery (zina) were confessed to the Prophet s.a.w. by the perpetrators themselves.
In both cases, the Prophet s.a.w. tried to look away and find excuses for them multiple times. However, they kept coming back to the Prophet s.a.w. and insisting the penal code would be enforced upon them. Eventually, the Prophet s.a.w. had no choice but to decree the judgement.16
In another hadith, Abu Hurayrah r.a. narrated that the Prophet s.a.w. said:
ادْفَعُوا الْحُدُودَ مَا وَجَدْتُمْ لَهُ مَدْفَعًا
“Avoid applying legal punishments (hudud) as long as you find an excuse to avoid them.”
(Sunan Ibn Majah)
From this hadith, Imam As-Suyuti developed a maxim in Islamic Jurisprudence; ‘Hudud is dropped by ambiguities (syubuhat)’.17
Authority and Vigilantism
It's important to note that vigilantism is not part of Islam. In Islam, the hudud law can only be observed by the authority of the state/ruler (ahkam sultaniyyah).18 If independent groups or the public seek to exercise hudud punishments at their discretion according to what the text stipulates as the Shariah way, that too is part of vigilantism.
As seen in the practice of our early predecessors (salaf), the ruling authority can suspend the hudud law entirely where they see fit. It was narrated that the Caliph Umar Ibn Al-Khattab r.a. suspended the hudud punishment for stealing during the year of famine.
“The hand of the thief is not cut who steals a bundle of dates or in a year of famine.”
(Musannaf Abd Al-Razzaq)
To conclude, the Jordanian scholar, Prince Ghazi Bin Muhammad, lists circumstances where the hudud law does not take place:19
- In non-Muslim lands
- When travelling during a military campaign
- When people do not know the rulings
- When there is no legitimate ruler
- When there are any doubts surrounding the circumstances
- When the implementation of hudud law would cause more harm than benefit
Misconception #3: According to the Shariah Law, Premarital Sex Must Be Punished by Stoning
It's important to clarify that not all interpretations of Shariah Law prescribe stoning as a punishment for premarital sex. Shariah Law is a broad and diverse legal framework that encompasses various schools of thought and interpretations.
Dangers of Adultery and Fornication (Zina)
The consequences of adultery and fornication (zina), in Islam, are considered severe and far-reaching. They can lead to the erosion of virtue and morality that results in loss of respect and modesty. In addition to that, zina can also bring about family discord, societal stigma and great mistrust. Islam takes the act of zina seriously because it not only violates the rights of God but also has serious impacts on multiple generations and the honour of the society.
Apart from the consequences of zina in Islam, sexual activity, in itself, is considered indecent and illegal if acted in public. Many secular jurisdictions reinforce its private nature. For example, in Singapore, it was reported that an arrest was warranted for having sex in public.20 Other forms of public display of sexual intimacy, such as pornography, are also considered illegal to download, possess, or keep, even for personal use, in Singapore.21 Exposing sexual intimacy to the public does not only carry legal repercussions, but it is also frowned upon by society.
Despite this, sexual activities are commonly portrayed in films and tv shows, often normalising ‘casual sex’. This normalisation can have detrimental effects to the institution of marriage and family, and the traditional values of love and relationships.
Read: How To Build Healthy Family Relationships
Regardless of religious affiliations, humanity inherently possesses a sense of moral code which includes their perspective on sexual ethics. In Singapore, a 2021 IPS survey, 67.3% of Singaporeans viewed premarital sex or casual sex as morally unjustifiable or seldom justifiable.
In Islam, lawful sexual activity (i.e. within marriage) is considered both private and sacred. It is a means of procreation, a manner of worship, and a form of mutual love entrusted and blessed by Allah s.w.t. upon spouses. Violating this sacred precinct would tarnish and smear its purity.
Read: The Ubiquity of Pornography and Its Dangers to Society and The Intellect
Enacting The Penalty of Zina
While the understanding of zina and its punishment is described clearly, our scholars view that it is almost impossible to implement the hudud punishment except if the person insists on confessing it22 as seen in the hadith mentioned in Misconception #2.
On the other hand, the conditions to provide evidence for zina are so high that it requires four voluntary witnesses of upright character (thiqat ‘udul), known for their ethical merits and free from any criminal offences, to testify a consistent and clear testimony as if the act was carried out in public without any veil. These conditions are close to impossible.22
In practice, we can look at the example of the Mamluk sultanate, which ruled for over 1200 years in Egypt. Overseeing the implementation of Shariah Law during that period, only two cases of the implementation of hudud penalty for adultery (zina) were documented. Even then, both cases were not executed by stoning, but by hanging. Neither the Quran nor the Hadith explicitly mentions anything about executing a death penalty by hanging.
In other words, even under Shariah Law, the hudud punishment for adultery and fornication was rarely carried out, let alone by stoning.
As established in Misconception #2, the rule for hudud law falls on the discretion of the religious authorities. It is not meant to be decided or enacted individually or by the public through personal accounts of the scriptural texts. What rests on our shoulders as concerned public citizens and good-willed Muslims is not to make quick judgements but to call upon ourselves and those who have transgressed to sincerely repent, seek forgiveness, and strive to mend their ways.
Read: Repentance in Islam
Moreover, it's important to note that the implementation of Shariah Law is subject to each country or region’s legal and cultural context. Many modern legal systems that incorporate Shariah Law have evolved to include more nuanced and contemporary approaches to addressing issues such as premarital sex, with a focus on rehabilitation and social support rather than punitive measures.
Therefore, it's crucial to recognise the diversity of interpretations within Shariah Law and to avoid generalising or simplifying its principles.
At the same time, while certain aspects of the Shariah Law as codified by our classical scholars may not take place in our world today, let us continue to build a society that upholds the fundamental pillars and spirit of the Shariah.
Read: Addressing Misconceptions: Governance in Islam
Notes
1 The Taliban came into power again in August 2021
2 Agence France-Presse in Kabul. (2022, November 14). Afghan supreme leader orders full implementation of sharia law. The Guardian
3 (2023, January 31). 4.2.4. Corporal punishments. European Union Agency for Asylum.
4 Dictionary.com. (n.d.) Sharia. Retrieved from dictionary.com.
5 Retrieved from almaany.com.
6 Prince Muhammad, G. (2017). A Thinking Person’s Guide To Islam (pp. 117). Turath Publishing
7 Brown, J. (2016). Stoning and Hand Cutting:Understanding the Hudud and the Shariah in Islam. Yaqeen Institute for Islamic Research.
8 Ali, M. (2013). CO13204 | Shariah Law and Hudud: Understanding Its Objectives and Spirit. S. Rajaratnam School of International Studies (RSIS).
9 Retrieved from almaany.com.
10 Brown, J. (2017). The Issue of Apostasy in Islam. Yaqeen Institute for Islamic Research.
11 N. D. J., & Koyama, M. (2019). Persecution and Toleration: The Long Road to Religious Freedom (pp. 25-51). Cambridge University Press.
12 Prince Muhammad, G. (2017). A Thinking Person’s Guide To Islam (pp. 220). Turath Publishing
13 Brown, J. (2017). The Issue of Apostasy in Islam. Yaqeen Institute for Islamic Research.
14 Al-Bayhaqi, Ma’rifat Al-Sunan Wal-Athar, ed. ‘Abd Al-Mu’ti Amin Qal-’aji (Cairo and Aleppo: Dar Al-Wa’i, 1991), 12:250.
15 Imam Ahmad Ibn Umar Asy-Syatiri, الياقوت النفيس في مذهب ابن إدريس (The Rubies of The Mazhab of Ibn Idris), Dar Al-Minhaj publications
16 Retrieved from hadithprophet.com
17 Jalaluddin As-Suyuti, Al-Asybah Wan-Naza-ir - “الحدود تسقط بالشبهات”
18 Brown, J. (2016). Stoning and Hand Cutting:Understanding the Hudud and the Shariah in Islam. Yaqeen Institute for Islamic Research.
19 Prince Muhammad, G. (2017). A Thinking Person’s Guide To Islam (pp. 225). Turath Publishing
20 Keng, G. N. (2018, August 2). Man arrested for having sex outside Orchard Towers. The Straits Times.
21 (2020, January 13). Is Watching, Downloading or Filming Porn Illegal in Singapore? Singapore Legal Advice.
22 Ibid, pg. 221
