Sharia Law, what is it and who practices it?

[England my lionheart]

Agreed but every time it is brought up, the Muslim members discount it as "non-muslim" or they say it has nothing to do with Islam. Yet the whole law is based on muslim beliefs as well as the Quaran text. So how/why do they say this.

Very confusing

Don't forget the "it's a cultural thing" response

 

[jamaesi]

Muslims follow a form of ‘unofficial’ shariah law when it comes to family life anyway. A huge sticking point for me came from a few years ago when my mother’s last remaining brother died. As per shariah law, I and some others washed his corpse, we prepared it as prescribed by shariah law, performed the necessary prayers and rituals as prescribed by shariah law.

And, as per shariah law, women were NOT allowed to attend the funeral — who knows why, though people tend to cite women’s tendency to get all emotional and screech like banshees when seeing the body of a loved one get buried as the reason…

Eesh. That's not shariah, that's cultural. Saudi and Pakistan hold those backwards views but places like Iran and Egypt generally don't.

There's nothing in the Qur'an that says it's haraam for women to attend funerals. Hadiths are conflicting on first glance (well, durr, they're hadiths), but most scholars agree that women are allowed to take part in funerals. Look at Aisha, Fatima, many of our other early Muslimahs went to funerals and visited graves without Muhammad, peace be upon him, doing anything to indicate there was anything wrong with that. The only thing you can really find is warnings on not visiting graves too much, but that just goes back to Islam being a religion of moderation in everything.

When you look into the reasoning that some "scholars" give of why women can't attend funerals it's all a steaming pile of sexist ********. "Oh, women can't go to funerals because oh goodness, they're women and they have tatas and hoo-has and that could arouse men! Oh goodness gracious! Get back in the kitchen and stop acting like human beings with rights and feelings and a need to grieve."

Give me a break. If you're a man and at a funeral for a dearly departed loved one and are getting aroused at some modestly dressed grieving women- you're the one with some big problems going on and you're the one who needs to be staying home- you should probably go see a doctor, too, sicko.

 

[Kodanshi]

Why has your mind turned to sex? It obviously comes down to the bizarre second–class view of women as emotional wreckages who would ruin the solemnity of funerals with their banshee wailing and overly dramatic expressions of shrieking grief.

Even though, you know, having your loved ones die can do that to anyone.

According to Shariah, women CAN’T attend funerals. They can join the funeral procession (as in where they take the body to the mosque) and attend the janazah prayers, but not actually go to the grave site itself during the burial.

 

[kai]

As far as i can make out there is no "Sharia", theres lots of sharias depending on where you live, its all a bunch of mixed up rules and interpretations depending on the old men in your particular country.

There is no such thing as a set of laws put down for the whole islamic community, Broadly there are five schools of sharia law around the world and the differences come down to how literally the texts are interpreted. as far as i can see there is one Shia and four Sunni interpretations.

 

[gnostic]

In terms of honor killing, you may be surprised to learn that Islam stands opposite to any hint of this heinous act.

I understand that.

I am not saying that Islam call people to do honour killing.

But what I am saying that Islam won't (or could not) stop Muslims from resorting to honour killing. What I am saying if the law of the land (not necessarily a Muslim country), some Muslims will take the law into their own hand, regardless what the Islam is saying. To them, a person who leave the Islamic faith, might make family or friends felt that have been insulted by the apostate, and would probably feel the only way to remove the shame is to have that person (apostate) killed.

That's human nature, and some would go that extreme to remove what they considered to be a stain in their honour.

What I don't understand is how some people can think that murder can resolve an issue about their honour? Is honorable to become a murderer?

 

[Sahar]

According to Shariah, women CAN’T attend funerals. They can join the funeral procession (as in where they take the body to the mosque) and attend the janazah prayers, but not actually go to the grave site itself during the burial.

Having clarified the above, we can add that if you mean by the phrase “going for funeral” joining or accompanying the funeral procession and carrying the dead to the grave, we would like to cite for you the fatwa given by Sheikh `Attiyyah Saqr, former head of Al-Azhar Fatwa Committee, in which he states the following:

“The Hadith reported as regards women following funeral procession is recorded by Al-Bukhari and Muslim on the authority of Umm `Atiyyah, who narrates: “We have been forbidden to accompany funeral processions but not strictly.” This implies, as Ibn Hajar states in Fath Al-Bari, that she meant they were not recommended to accompany funeral processions, but not forbidden to do so.

So, the warning in the Hadith is meant for Karaha Tanzihiyyah (proper disapproval) This is the view of the majority of scholars; however Imam Malik holds that it is permissible, and this is the opinion of the People of Madina, as Al-Qurtbi states. What supports the permissibility is the Hadith of Ibn Abi Shayba, who reports that the Prophet (peace and blessings be upon him) was attending a funeral and `Umar saw a woman (following the funeral procession). He yelled at her, but the Prophet (peace and blessings be upon him) said to him: “Leave her, `Umar! Verily her eyes shed tears, the soul feels the pangs, and the promised hour is near."

All Hadiths which forbid women to accompany funeral procession are weak. What is prohibited is doing something haram while accompanying the funeral procession, according to the Hadiths: "He who (on befalling a calamity) slaps his cheeks, tears his clothes and follows the ways and traditions of the Jahiliyyah (pre-Islamic period) is none of us."
Women Accompanying Funeral Procession - IslamonLine.net - Ask The Scholar

 

[Kodanshi]

So if Shariah law came to Britain, that is the version that would be accepted and used by muslims in this country?

 

[Rakhel]

Ok perhaps this question would be best suited here

Is shari'a law the same world wide or does each country have their own version of it. By this I mean is Saudia Arabi Shari'a law different from Afghanistan shari'a law?

 

[linwood]

Ok perhaps this question would be best suited here

Is shari'a law the same world wide or does each country have their own version of it. By this I mean is Saudia Arabi Shari'a law different from Afghanistan shari'a law?

It is not the same anywhere, just as secular law isn`t the same anywhere.

 

[Rakhel]

Ok. That makes more sense than "yes" or "no." Thank you.

 

[gnostic]

There are also confusion over honour killing, which get mixed up with Islam, because you'll find that some Islamic clerics that actually condone such acts.

The non-Muslims may not understand the difference, but I am afraid that Muslims are themselves confused, and think it is Islamic way. So you really can't blame non-Muslims for misunderstanding what's Islamic and what's not Islamic.

Some of these so-called Islamic clerics and scholars should be blamed for the misunderstanding, and they are sometimes Islam's worse enemies because the way they misrepresent your religion and religious law.

 

[Gharib]

follow up, if most of these laws discriminate against women, why do the muslim women on this forum blindly support it?

thats cos the laws aren't as you say or think they are, ever thought that would be the case?

 

[Gharib]

Ok perhaps this question would be best suited here

Is shari'a law the same world wide or does each country have their own version of it. By this I mean is Saudia Arabi Shari'a law different from Afghanistan shari'a law?

the sharia law is from Allah, it is the same for all muslims, but (i like the word 'but') depending on the country and its culture, some other laws are added to that specific country, a middle eastern country will have added different laws to its government to a european one, although they both might have the sharia, so it deppends on culture, and it will be like that untill we get our leader.

 

[England my lionheart]

the sharia law is from Allah, it is the same for all muslims, but (i like the word 'but') depending on the country and its culture, some other laws are added to that specific country, a middle eastern country will have added different laws to its government to a european one, although they both might have the sharia, so it deppends on culture, and it will be like that untill we get our leader.

And of course as in my country what Sharia they are allowed to practice.the Hudd punishments would not be tollerated.
However some Sharia is allowed for divorce etc but this is open to anyone who wishes to settle outside of Civil courts.

 

[kai]

Sharia law comes from a combination of sources including the Qur'an , the Hadith and fatwas - the rulings of Islamic scholars. which is where the stuff hits the fan so to speak the scholars make rulings in Pakistan that would not stand up in Iran and vice versa so an interpretation of Sharia is embodied in each muslim country as the local scholars see fit.

 

[gnostic]

the sharia law is from Allah

No it is not.

If you have read eugenius' 1st few posts (including OP), the sharia law is divided into 4 different schools of jurisprudence (madhhab). 3 of them were developed by from the Sunni Muslims and 1 school come from Shia Muslims.

Yes, one of the sources for the Sharia were based on the Qur'an, but it was developed from various other sources, including Sunnah or hadiths, and interpretations.

The 4 schools of Islamic jurisprudence, each one has a different interpretation of the so-called Sharia law, and those Sharia are man-made.

I wrote a little about the Islamic jurisprudence (madhhab) before in the thread - Apostates of Islam:

From what I understand about the Afghan law, it is based on the oldest Islamic Sunni jurisprudence - Hanafi madhhab.

Hanafi is codification of the Islamic law, which relied on lots of their sources is found in the Qur'an, Hadith, and other sources. This Hanafi madhhab is just one of the schools of Islamic laws (Shariah), and as I said one of the oldest.

So it is not simply Afghan laws, but that of Sunni Islamic laws. In another word, it has more to do with religious law than simply Afghan cultural customs that prosecute and execute apostates.

I wrote that the Afghanistan's Islamic court followed the Hanafi (madhhab), the oldest of the Sunni legal school, and their interpretation of Sharia Law, which I found out.

The Hanafi Sharia clearly mandated death sentence of apostates, unless the defendant repent and re-convert back to Islam.

The Qur'an may say that no one should be coerced into joining Islam, but Sharia (at least the Hanafi do) clearly try to coercing the apostates into rejoin Islam or die.

As Iman have pointed out to in her post, different countries, seemed to have different Sharia:

The Sharia laws are extrapolated by Muslim scholars from the Holy Quran, the established Sunna of the prophet Muhammad, and by weighing in what is in the best interes of Muslims in that particular time and place. Some Sharia rulings are controversial and change from one country to another.

If the Sharia Law was actually from Allah, then they wouldn't have different interpretations or implementations of the law.

 

[Gharib]

No it is not.

If you have read eugenius' 1st few posts (including OP), the sharia law is divided into 4 different schools of jurisprudence (madhhab). 3 of them were developed by from the Sunni Muslims and 1 school come from Shia Muslims.

no this is wrong.
if the sharia law is as you say it is, then why does Allah mention the way of divorce in the quran? thats part of the sharia.

really this stuff is wrong.

Yes, one of the sources for the Sharia were based on the Qur'an, but it was developed from various other sources, including Sunnah or hadiths, and interpretations.

yes if we can't find information in the quran regarding a matter then we turn to the hadith and sunnah.

The 4 schools of Islamic jurisprudence, each one has a different interpretation of the so-called Sharia law, and those Sharia are man-made.

you've really got this wrong Gnostic.

I wrote a little about the Islamic jurisprudence (madhhab) before in the thread - Apostates of Islam:

i may have missed that.

I wrote that the Afghanistan's Islamic court followed the Hanafi (madhhab), the oldest of the Sunni legal school, and their interpretation of Sharia Law, which I found out.

i personally don't know much about that, so i'd be telling lies if i spoke about it.

The Hanafi Sharia clearly mandated death sentence of apostates, unless the defendant repent and re-convert back to Islam.

can't say on this either, i'm not very furmiliar with the sentencing of apostates in islam.

The Qur'an may say that no one should be coerced into joining Islam, but Sharia (at least the Hanafi do) clearly try to coercing the apostates into rejoin Islam or die.

As Iman have pointed out to in her post, different countries, seemed to have different Sharia:

no they have the same sharia, but since we do not have one government, the countries add other man made laws, which are totaly different to some other country. but the basis of the law is from the sharia, they sort of use laws that don't contradict the sharia.

If the Sharia Law was actually from Allah, then they wouldn't have different interpretations or implementations of the law.

it is from Allah, the quran itself is a law sent to humanity. but if god says 1+1=2 and you say thats the same as 3-1=2 then that sort of is the same but not how god has said to do it. you do have the same answer but the equation or method is different. thats those little changes or additions that people do to fit their own country.

 

[Gharib]

And of course as in my country what Sharia they are allowed to practice.the Hudd punishments would not be tollerated.
However some Sharia is allowed for divorce etc but this is open to anyone who wishes to settle outside of Civil courts.

yes thats right, they cannot have all of the sharia there because they are in a different country, so they only use the laws that don't contradict the laws of that country.

 

[England my lionheart]

yes thats right, they cannot have all of the sharia there because they are in a different country, so they only use the laws that don't contradict the laws of that country.

Thank goodness,i could'nt bear a full blown Sharia run society.

 

[Gharib]

Thank goodness,i could'nt bear a full blown Sharia run society.

lol you'll be getting a good nights sleep.