Figure 1.--The ultimate source for Sharia is the Koran. Penalties in the Koran can be extrodirarily severe such as cutting off a thief's hands. Here we see the public pinishment of an 8-year old Iranian boy who stole bread in a public market. He is being punished on the spot. The Koran requires that his hand be severed. Apparently as a humanitarian measure because of his age the local authorities are running a car over his hand so that he will lose the use of his arm rather than cutting it off. Notice the man with the microphone describing the judgement. Click on the image to see the execution of the judgement. You can also see another man's hand holding the boy's arm in place as the car drives over it.

The term Sharia simply means Islamic law. Sharia is derived from the Koran and other Islamic holy works and precendents. Some Muslims view Sharia as the body of Islamic law established in the past, especially before the 19th century. How a time time can be set on law has no basic in the Koran and seems difficult to justify intelectually. As a result, other Islamic scholars view Sharia as a changing body without any set chronological limits. The essential difference between Sharia and Western secular law is that the separation of church and state in the West. Sharia developed in the Medieval caliphate where as it was a theocracy there was no destinction between religion and state, the Caliphate was an Islamic state. Sharia regulates both public and private relations and merges government, law and religion. Goverments in the West have stopped attempting to dictate religion to its citizens and thus have developed secular law. This is not the case in the Islamic world where other religions to various degrees are supressed. With the rise of Fundamentalism in the Islamic world there has come increasing pressure for the implementation of Sharia. This presents problems for non-Muslim people. And because sime Muslims believe that Sharia is now a fixed body of law based on Islamic works before the 19th century, the penalties are in some cases draconian if not barbaric. Quran 5:38 for example percribes a punishment of cutting off a thief's hand.

Sources

The term Sharia simply means Islamic law. Sharia is derived from the Koran and other Islamic holy works and precendents. The ultimate source is the Koran. The legal pronouncements there can not be questioned or altered. The Koran addressed only a limited range of legal issue, reflecting the relatively unsophisticated tribal society from which it is emerged. The next most important element is the Sunnah, the compendium of Mohammed's teaching and conduct not included in the Koran. This includes the Hadith which illustrates moral conduct. The next level of Islamic law is the Ijma. This is the body of work of Islamic scholars. Islamic religious scholars are referred to as Ulama. They are consulted on both public and private matters. Their rulings often reached by consensus are called an ijma. This represents an extensive body of work and reflects the more sophisticated society of the Caliphate and Ottoman Empire. The Qiyas are another important element of Sharia. The Qiyas are new cases or case law. The final element of Sharia Law is local custom or norm that mayapply to a legal issue. Of course local custom can not outweigh the prescriptions of the Koran, but it can to varying degress be weighed in considering legal questions.

Categories

Sharia recognizes three categories of crimes: Hud (severe), Tazir (lesser or minor), and Qesas (revenge/restitution).

Time Factor

Some Muslims view Sharia as the body of Islamic law established in the past, especially before the 19th century. How a time time can be set on law has no basic in the Koran and seems difficult to justify intelectually. As a result, other Islamic scholars view Sharia as a changing body without any set chronological limits.

Judges

The Islamic judge or Qadi was elected or appointed by authorities. Islamic judges under are bound to impose the specific penalties mandated in the Koran, but have flexibility for Islamic law derived from other sources or for less serious (non-Hud) infractions. Islamic judges are not obligated to follow secular guidelines and are infact able to be creative. This means that the judgements flowing from Islamic judges can vary widely.

Sharia and Secular Law

The essential difference between Sharia and Western secular law is that the separation of church and state in the West. Sharia developed in the Medieval caliphate where as it was a theocracy there was no destinction between religion and state, the Caliphate was an Islamic state. Sharia regulates both public and private relations and merges government, law and religion. Goverments in the West have stopped attempting to dictate religion to its citizens and thus have developed secular law. This is not the case in the Islamic world where other religions to various degrees are supressed.

Implementation

With the rise of Fundamentalism in the Islamic world there has come increasing pressure for the implementation of Sharia. This presents problems for non-Muslim people.

Severity

And because some Muslims believe that Sharia is now a fixed body of law based on Islamic works before the 19th century, the penalties are in some cases draconian if not barbaric. Quran 5:38 for example percribes a punishment of cutting off a thief's hand.

Reader Comments

A British reader writes, "I've always tried to keep politics out of the realm of HBC, but I feel I just had to respond when I saw figure 1. What I'd like to say is what kind of people can do that to a little boy? Regardless of the crime he's committed, let alone taking a bit of bread. Punish him by all means, but not like that. The sight of that picture will haunt me for some time to come." A German reader writes, "The scene here with the little Irnian boy is terrible! Besides, the Sharia is not authentic from Mohammed. Later Mullahs have fixed it in a "legal state" and say now that it is part of the Koran. What can the free world do to end such forms of punishment? In Germany during 2005 we had a law case against three Islamic brothers who shot their sister for "going West". One of them, the youngest, was sentenced sentenced under the German law for juveniles to about 5 years in prison. The others are free."

Created: 7:29 AM 4/26/2006
Last updated: 7:29 AM 4/26/2006