IS IT TIME FOR…American Sharia Law?

When Muneer Awad challenged the State of Oklahoma on Sharia (Shariah) Law he won the case. He contended that the law discriminated against his religion. For Awad, Sharia Law is a vital part of his religious practice as a Muslim.

Honestly though, what is Sharia Law? Sharia Law, also known as Islamic Law, is the entire body of laws that guides the Muslim believer in this life. The Arabic word SHARIAH, literally means a straight path or an endless supply of water (Quran 45:18). It is the term used to describe the rules of the lifestyle ordained for Muslims. In more practical terms, Sharia includes all the do’s and don’ts of Islam (Shariah: The Threat to America; p. 57).

Muslims believe Sharia Law is the supreme law that must comprehensively govern all aspects of life, regardless of where one lives. It is a complete way of life from the cradle to the grave. According to Frank Griffel, Professor of Islamic Studies at Yale University, “Sharia…extends to matters con-cerning proprieties of clothing, conduct between spouses, filial piety, behavior at funerals and other questions that Westerners would treat…as moral issues or mere etiquette”.

AUTHORITY OF SHARIA LAW

Sharia Law comes from four sources. The Quran, which is viewed as direct divine revelation and is understood to be the primary source of Islamic Law. The second most authoritative source for Sharia is the Sunna – commonly understood to be the actions and sayings of the Prophet Mohammed. Other sources include the Ijma (consensus of the scholars) and the Qiyas (analytical deduction)

As a religion, Islam is not unique in having special laws as a way of life for believers. Jews, Catholics, Protestants, Mormons and many other religions have specific laws for their followers. If that is so, then why the conflict with Sharia Law? The truth is other religions expect their own followers to observe their own laws within their own religious communities. In addition, other religions recognize the need to function within secular spheres.

Michael Malloy was correct when he argued that most modern industrialized countries expect laws to reflect a kind of civilized minimum, something that all citizens can be expected to accept and obey in their public life. These laws are framed for diverse populations and are deliberately secular in nature. In industrialized countries, secular and religious laws generally exist somewhat apart.

According to Malloy, “Islam does not separate religious and secular spheres”. Traditional Islam is theocratic, seeking the rule of God in all aspects of everyday life. For Muslims, nature is orderly because it follows the laws of God. Similarly, in Islamic thought, God presents human beings with laws of human order. “There cannot be different sets of laws for different human beings; otherwise, chaos would ensue. The laws of God must be obeyed not only because they are his commands but also because they lead to human fulfillment”. For some Muslims, “human fulfillment” would seem more likely in a theocratic form of government.

THEOCRATIC GOVERNANCE

Traditional Islam is theocratic in that it seeks “the rule of God” in all aspects of everyday life, for in its view there is one God and one correct religion. Although every Muslim would not subscribe to this view, the theology provides fuel for radical Islam. Muslims who subscribe to radicalism often embrace Jihadist theology, a worldview that entertains the idea of holy war on dissenters. The impact of their radical ideology is evident in almost every country in the world.

Americans resent all forms of radicalism in Islam and see Shariah Law as one expression of Islamic radicalism. Americans observe what’s happening in non-Muslim countries in Europe where Sharia is being practiced and resent the lifestyle. The security statistics are frightening.

IS SHARIA A THREAT TO AMERICA?

Some religious scholars believe America can develop its own brand of Sharia Law - laws that include guidelines on marriage, worship, property, funerals and other more culturally related issues. The results of a recent study by The Center for Security Policy disagree. The study was designed to provide a comprehensive and articulate opinion of the official characterization and assessments of this Islamic practice. The massive study contended, “although Shariah certainly has spiritual elements, it would be a mistake to think of shariah as a religious code in the Western sense because it seeks to regulate all manner of behavior in the secular sphere – economic, social, military, legal and political” (Shariah: The Threat to America; p. 2).

Sharia Law in America requires much civil dialog before any attempt at implementation. This is much more than a matter for the courts.