Question about Sharia

[Satnaam]

I had some questions regarding the Sharia.

As far as I know, the Sharia is based on verses from the Quran and the Hadiths. But is the Sharia bound in one book, like verses from the Islamic texts put under one cover titled as the Sharia?

I have tried finding the 'Sharia', but all I found is one PDF but I doubt that this is the standard Sharia used in Islamic countries.

http://www.forever-islam.com/documents/102-Islaamic_Sharia_Law.pdf

If the Sharia is not 'standarised' it means it could differ (slightly) from country to country depending on the interpretation of the verses?

Basically, are the injunctions in the Quran and Hadiths extracted and put in a different book that is to serve as the law book or are all books used?

 

[Union]

I had some questions regarding the Sharia.

As far as I know, the Sharia is based on verses from the Quran and the Hadiths. But is the Sharia bound in one book, like verses from the Islamic texts put under one cover titled as the Sharia?

I have tried finding the 'Sharia', but all I found is one PDF but I doubt that this is the standard Sharia used in Islamic countries.

http://www.forever-islam.com/documents/102-Islaamic_Sharia_Law.pdf

If the Sharia is not 'standarised' it means it could differ (slightly) from country to country depending on the interpretation of the verses?

Basically, are the injunctions in the Quran and Hadiths extracted and put in a different book that is to serve as the law book or are all books used?

There are so many sects in Islam and different sects follow different Imams (religious leaders ), hence it is not possible to have a canonized Sharia .

 

[dynavert2012]

applying the Sharia could vary from time to time, for example Umar ibn khattab stopped cutting the hands of the thieves because of lack of rain and so who steals to eat, Umar didn't cut his hands till the rains come again, also drinking the wine deserve a punishment but what if s/he drinks cuz there's no water and he may die, then he will be execused for drinking, so it's smart law and flexible too

 

[Satnaam]

But if it is so flexible then how is it based on the Quran or the Hadiths? Who decides what the flexibility is? And what about things that the Quran or Hadiths are silent about?

There is one Quran and one Sunnah... then how can it vary from sect to sect? Are the translations or interpretations of the Quran different? Then when people ask Sharia to be implemented in Western countries, what are they actually asking? How can one divine law be interpreted in so many ways, there is only one truth. And secondly, these 'flexibilities', are they allowed by the Quran? Where does the chopping hands come from (Quran? Hadith?) and in what scripture is the flexibility mentioned about the exceptions in case of food stealing etc.

 

[Assad91]

This is why we have madhabs.

Sharia is a large subject wich no simple layman can learn, and not necessary.

 

[F0uad]

There are so many sects in Islam and different sects follow different Imams (religious leaders ), hence it is not possible to have a canonized Sharia .

This doesn't matter the Shias, Sunnis and other sects lived in each other's caliphate in the past.

 

[dynavert2012]

But if it is so flexible then how is it based on the Quran or the Hadiths? Who decides what the flexibility is? And what about things that the Quran or Hadiths are silent about?

There is one Quran and one Sunnah... then how can it vary from sect to sect? Are the translations or interpretations of the Quran different? Then when people ask Sharia to be implemented in Western countries, what are they actually asking? How can one divine law be interpreted in so many ways, there is only one truth. And secondly, these 'flexibilities', are they allowed by the Quran? Where does the chopping hands come from (Quran? Hadith?) and in what scripture is the flexibility mentioned about the exceptions in case of food stealing etc.

yes, this flexibility is from the quran itself and also from the prophet's hadith, Allah said "Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah , and [those animals] killed by strangling or by a violent blow or by a head-long fall or by the goring of horns, and those from which a wild animal has eaten, except what you [are able to] slaughter [before its death], and those which are sacrificed on stone altars, and [prohibited is] that you seek decision through divining arrows. That is grave disobedience. This day those who disbelieve have despaired of [defeating] your religion; so fear them not, but fear Me. This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion. But whoever is forced by severe hunger with no inclination to sin - then indeed, Allah is Forgiving and Merciful." 5:3
so the hardship here allows to eat pork or drink wine as maybe your life be the price
and also you can understand quran and sunna in different ways, and both of us won't be blamed as we did our best to understand it and not means to sin for example the prophet told his companions one day, nobody pray the mid prayer but in the town of quraiza and then he left, so some of the companions interpret it literally and so they didn't pray it except there and they missed it's time as the time of next prayers come and when they reached this town they prayed both prayers together while the second team understands it that the prophet is encouraging them to hurry up and try to be there before the time of next prayer but they kept praying the mid prrayer in it's time and prayed it before reaching the town of quraiza and the prophet don't blame them too but he commends the team who prayed it on time and don't wait till they reach the town, but both are right but one time is more correct than the other, you got it?

 

[Union]

But if it is so flexible then how is it based on the Quran or the Hadiths? Who decides what the flexibility is? And what about things that the Quran or Hadiths are silent about?

There is one Quran and one Sunnah... then how can it vary from sect to sect? Are the translations or interpretations of the Quran different? Then when people ask Sharia to be implemented in Western countries, what are they actually asking? How can one divine law be interpreted in so many ways, there is only one truth. And secondly, these 'flexibilities', are they allowed by the Quran? Where does the chopping hands come from (Quran? Hadith?) and in what scripture is the flexibility mentioned about the exceptions in case of food stealing etc.

Qur'an is one but not Hadith . There are so many Hadith books written by different people in different ages . Moreover the two biggest fractions in Islam , e.g., Shia and Sunni , they have their own Hadith books and they deem others' Hadith book to be fabrications and lies . Hence there is no consensus of Sunna . Again definition of Sunnah to them is also different . Shia deem the progeny of Prophet are the beacon of Sunnah while Sunni think it should go for the companions of the prophet.

If they could have abandoned the Hadith , and turn towards the Qur'an only , then you could have a canonized Sharia , otherwise , that is impossible .

You might think that , they follow the Qur'an as a first source of Islam , but that is just a 'say' . Practically Shia and Sunni run their affairs from the Hadith only , at least 90% of their affairs .

For a practical insight in this subject of your interest , let me show you three different versions of one single Hadith , which divide this Ummah into sects . It is believed that the prophet was guiding his followers to uphold the sources of Sharia in this occasion .


01. I leave with you Quran and Sunnah Ref.Muwatta, 46/3

02. I leave with you Quran and Ahl al-bayt Ref. Muslim 44/4, Nu2408; ibn hanbal 4/366; darimi 23/1, nu 3319.

03. I leave for you the Quran alone you shall uphold it.
Ref.Muslim 15/19, nu 1218; ibn Majah 25/84, Abu dawud 11/56, Sahih Muslim, Book of Hajj, Book 7 , Number 2803 .

 

[Union]

This doesn't matter the Shias, Sunnis and other sects lived in each other's caliphate in the past.

Talking about 'canonized Sharia law' not 'don't care others' Sharia law'.

 

[Satnaam]

How can I, as a non Muslim, know which Hadith is true and which isn't?

How can Muslims then ask Sharia to be implemented if Sharia is not even 'canonised', if it could differ? How do I know what points are covered in the Sharia and what not?
How do they decide then what punishment to give? Is the punishment in the Quran or in the Hadiths?

 

[Union]

How can I, as a non Muslim, know which Hadith is true and which isn't?

How can Muslims then ask Sharia to be implemented if Sharia is not even 'canonised', if it could differ? How do I know what points are covered in the Sharia and what not?
How do they decide then what punishment to give? Is the punishment in the Quran or in the Hadiths?

You have to know Ulum -Al Hadith (Science of hadith ) to grade a hadith true or false . This science is made and explained by different scholars in that field as per their own knowledge . So there is nothing absolute and immaculate about it . This also differs a lot sect to sect , scholar to scholar .

The bottom line is :

Follow Qur'an(infallible words of GOD ) - one book , one law , one Sharia .
Follow Hadith(fallible words of men) - many books , many laws , many Sharias .

 

[Satnaam]

Alright. How many Hadiths are there and could you tell me which one is followed by which sect?

Secondly, if you follow only the Quran many Islamic teachings would be missing, no? Or are most of the Islamic junctions mentioned in the Quran. Are the five pillars mentioned in the Quran btw? Does the Quran also contain the punishments (which are practised by the Sharia)?

 

[dynavert2012]

How can I, as a non Muslim, know which Hadith is true and which isn't?

there are a lot of rules for it for example if it's against a quran verse it would be rejected, if there's a man or a woman in the hadith transmission chain who lies for a single time his life, if i said that a man died before i born told me "..
" then this hadith will be rejected and all of mine too as i lied as it's impossible for me to meet him as he died before i born

How can Muslims then ask Sharia to be implemented if Sharia is not even 'canonised', if it could differ? How do I know what points are covered in the Sharia and what not?
How do they decide then what punishment to give? Is the punishment in the Quran or in the Hadiths?

Shaira was been applied for 13 centuries as per Sunni resources without a problem and every point was covered and still covered as this religion is complete
by the way the quranist sect who relies only in quran are newely invented we consider it as innovation in the religion and the prophet has predicted that they will appear as mentioned in Bukhari book if my memory still working well
so the Judge of the court is using his mind to choose the right opinion from Quran and sunna and applied it in the court
and Shaira was ruling the Islamic khilafa "empire" for 13 century from east china till Morocco with no problem in implementation

 

[F0uad]

You have to know Ulum -Al Hadith (Science of hadith ) to grade a hadith true or false . This science is made and explained by different scholars in that field as per their own knowledge . So there is nothing absolute and immaculate about it . This also differs a lot sect to sect , scholar to scholar .

The bottom line is :

Follow Qur'an(infallible words of GOD ) - one book , one law , one Sharia .
Follow Hadith(fallible words of men) - many books , many laws , many Sharias .

The Quran itself is interpreted differently so by your logic there isn't even one Sharia of the Quran.

 

[dynavert2012]

Alright. How many Hadiths are there and could you tell me which one is followed by which sect?

for Sunni, the most famous books are Bukhari and Muslim and they are the most authentic book specially Bukhari plus other sources like book of ahmed, Nisaei, turmzi, it's all for people who collect the prophet sayings, for Shia there's a book called kafi and it contains both the prophet and the companion Ali sayings

Secondly, if you follow only the Quran many Islamic teachings would be missing, no? Or are most of the Islamic junctions mentioned in the Quran. Are the five pillars mentioned in the Quran btw? Does the Quran also contain the punishments (which are practised by the Sharia)?

yes many teachings will be missed as Quran is the holy word of Allah and the sunnah is the explanation of this word
the pillars of Islam are mentioned in both Quran and Sunna and the Quran also contains some of the punishments but not all as Sunni and Shia believe

 

[Satnaam]

Is there a list of all the Hadiths? Do the Shias also believe in the Saheeh Bukhari?

I have often heard that the Sharia was implemented with succes for centuries but how can I know if it was the man made interpretation or what the Quran or Hadiths really say?
How can you know what Allah really wanted if you got so many different interpretations?

How can you say that Islam is complete if the Quran, the word of Allah, is incomplete in the sense that it needs man-made Hadith to compose the Sharia?

This is not any attack, just trying to understand the reasoning behind the Sharia and Muslims often saying that Islam is perfect, the word of Allah etc.

 

[Union]

Alright. How many Hadiths are there and could you tell me which one is followed by which sect?

Secondly, if you follow only the Quran many Islamic teachings would be missing, no? Or are most of the Islamic junctions mentioned in the Quran. Are the five pillars mentioned in the Quran btw? Does the Quran also contain the punishments (which are practised by the Sharia)?

Alright. How many Hadiths are there and could you tell me which one is followed by which sect?

There could be a couple of hundred thousands Ahadith are in circulation within Shia and Sunni sects . Here is a list of Sunni and Shia Hadith books (in order of importance/correctness ) :

Sunni Hadith Books :

Al-Kutub Al-Sittah

• Sahih Bukhari of Muhammad al-Bukhari
• Sahih Muslim of Muslim ibn al-Hajjaj
• Sunan al-Sughra of Al-Nasa'i
• Sunan Abu Dawud of Abu Dawood
• Sunan al-Tirmidhi of Al-Tirmidhi
• Sunan Ibn Majah of Ibn Majah

Primary sources

• Sunan al-Darimi of al-Darimi
• Al-Muwatta of Malik ibn Anas
• Musnad Ahmad ibn Hanbal of Ahmad ibn Hanbal

Secondary sources

• Masabih al-Sunnah of Al-Baghawi
• Mishkat al-Masabih by Muhammad ibn Abd Allah Khatib Al-Tabrizi
• Riyadh as-Saaliheen of Yahya ibn Sharaf al-Nawawi
• Bulugh al-Maram by Ibn Hajar Asqalani
• Talkhis al-Mustadrak by al-Dhahabi
• Majma al-Zawa'id Ali ibn Abu Bakr al-Haythami
• Kanz al-Ummal of Ali ibn Abd-al-Malik al-Hindi
• Sahifah Hammam ibn Munabbih of Hammam ibn Munabbih
• Musannaf of Abd al-Razzaq of ‘Abd ar-Razzaq as-San‘ani
• Musannaf ibn Jurayj of Ibn Jurayj
• Al-Mu'jam al-Kabeer by al-Tabarani
• Al-Mustadrak alaa al-Sahihain of Hakim al-Nishaburi
• Tahdhib al-Athar of Muhammad ibn Jarir al-Tabari
• Sahih Ibn Khuzaimah of Ibn Khuzaymah
• Sahih Ibn Hibbaan of Ibn Hibban al-Busti
• Zujajat al-Masabih of Abdullah Shah Naqshbandi

Hadith studies

• Introduction to the Science of Hadith by Ibn al-Salah.

Commentaries of Hadith collections

• Umdat al-Qari of Badr al-Din al-Ayni
• Al Minhaj Be Sharh Sahih Muslim of Yahya ibn Sharaf al-Nawawi
• Nayl al-Awtar by Muhammad ash-Shawkani
• Mirqat Sharh Mishkat al-masabih by Ali al-Qari

 

[Union]

Cont..

Shia Hadith books :

• Nahj al-Balagha — Collected sermons of Imam 'Ali ibn Abi Talib by Sayyad Razi.
• Kitab al-Kafi of Kulayni (divided into Usul al-Kafi, Furu al-Kafi and Rawdat al-Kafi)
• Man la Yahdhuruhu'l Faqih of Shaikh Saduq
• Tahdhib al-Ahkam by Abu Ja'far al-Tusi
• Al-Istibsar by Abu Ja'far al-Tusi
• The Book of Sulaym ibn Qays —by Sulaym ibn Qays
• Wasael ush-Shia — 1600s by Shaikh al-Hur al-Aamili. A 20 volume collection, meant to include all 'authentic' Hadith from the available Shia hadith books, checking their authenticity on the strict principles of Ilm-ur-Rajjal.
• Mustadrak al-Wasael by Mirza Hussayn Nuri
• Bihar al-Anwar — 1600s by Allama Majlesi. An encyclopedic, 100 volume collection, meant to include all Hadith current at the time of compilation as well as his opinions regarding their authenticity
• Haqqul Yaqeen by Allama Majlisi
• Mir'at-ul-Uqool fi Akhbar aal al-Rasul (Shahr Usul al-Kafi) — by Allama Majlesi
• Ilal-Alshraiy — Shaikh Saduq
• Hulyatul Mutaqeen — Allama Majlesi
• Maeny Alakhbar — by Shaikh Saduq
• Aamali — by Shaikh Saduq
• Aamali — by Sheikh al-Mufid
• Al-Khisal - by Shaikh Saduq
• Uyun al Akhbar ar Reda - by Shaikh Saduq
• Daym Al Islam - by syedna Qadi al Nu'man
• Ghurar al-Hikam wa Durar al-Kalim

Also another book which is considered by the mustaali Ismailis as the greatest authority on Ismaili law up to the present day is Daim al-Islam composed by syedenna qadi al-numan(R.A). This contains hadiths and traditions from the Ismaili Imams on all aspects of life, i.e. Faith, devotion, ritual purity, prayer, funerals, alms tax, fasting, pilgrimage, and jihad.

The second volume deals with a wide range of subjects such as food, dress, medicine, oaths, hunting, ritual slaughter, business transactions, marriage, divorce, inheritance, criminal punishments, the question of apostasy and the etiquette of judges.

[Source : Wikipedia]

Secondly, if you follow only the Quran many Islamic teachings would be missing, no? Or are most of the Islamic junctions mentioned in the Quran. Are the five pillars mentioned in the Quran btw? Does the Quran also contain the punishments (which are practised by the Sharia)?

Qur'an is the commands of GOD . Hence if you don't find something in Qur'an that is practiced by the Muslim , is not the part of the Islam ordained by GOD . Thats the simplest way i can put it for now but a detailed discussion may can open so many windows in this area of difference to pursue the fact .

 

[Satnaam]

Thanks for the list. Quick question, what is difference between Primary and Secondary sources?

Union, you believe that anything outside of Quran is not from God, but then so many injunctions in present day Islam might not be there in the Quran, then are they wrong. I am not an expert so can't give examples, but I am sure that some things in Islam can solely be found in Hadith and not in the Quran, so are they wrong then?

 

[Union]

Thanks for the list. Quick question, what is difference between Primary and Secondary sources?

It is in order due to its importance and authentic status as per the Sunni Muhaddith consensus .

Union, you believe that anything outside of Quran is not from God, but then so many injunctions in present day Islam might not be there in the Quran, then are they wrong. I am not an expert so can't give examples, but I am sure that some things in Islam can solely be found in Hadith and not in the Quran, so are they wrong then?

Yes , your presumption is right . The injunctions that Qur'an doesn't mention but practiced by Shia and Sunni in the name of Islam , is a wrong-doing . GOD , Himself condemned this in Qur'an :

[[005:044 It was We who revealed the law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the prophets who bowed (as in Islam) to God's will, by the rabbis and the doctors of law: for to them was entrusted the protection of God's book, and they were witnesses thereto: therefore fear not men, but fear me, and sell not my signs for a miserable price. If any do fail to judge by (the light of) what God hath revealed, they are (no better than) Unbelievers.


[005:045] We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what God hath revealed, they are (No better than) wrong-doers.

[005:047] Let the people of the Gospel judge by what God hath revealed therein. If any do fail to judge by (the light of) what God hath revealed, they are (no better than) those who rebel.