4.4 Sharia law and its application in contemporary Middle Eastern states

Sharia law, rooted in Islamic teachings, shapes legal systems across the Middle East. It draws from the Quran, Hadith, and scholarly interpretations, influencing everything from personal matters to criminal justice. Different schools of thought offer varied approaches to applying these principles.

The role of Sharia in modern Middle Eastern states varies widely. Some countries base their entire legal system on it, while others blend it with secular laws. This diversity sparks debates about human rights, gender equality, and religious freedom in the region.

Understanding Sharia Law

Sources of Sharia law

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• The Quran serves as the primary source of Sharia law, believed to be the direct word of God as revealed to Prophet Muhammad
• The Hadith, a collection of sayings, actions, and approvals of Prophet Muhammad, provides guidance on various aspects of Muslim life (prayer, fasting, charity)
• Ijma refers to the consensus of Islamic scholars on legal issues not explicitly addressed in the Quran or Hadith, ensuring a unified interpretation of Sharia law
• Qiyas involves the process of analogical reasoning, where Islamic scholars apply principles from the Quran and Hadith to new situations or cases (modern technology, medical advancements)

Schools of Islamic jurisprudence

• The Hanafi school, known for its emphasis on reasoning and analogy, is prevalent in regions formerly part of the Ottoman Empire (Turkey, the Balkans)
• The Maliki school, which relies heavily on the practices of the people of Medina during Prophet Muhammad's time, is dominant in North and West Africa (Morocco, Algeria)
• The Shafi'i school, which seeks to balance the use of Hadith and reasoning, is followed in East Africa, Southeast Asia, and parts of the Middle East (Indonesia, Malaysia)
• The Hanbali school, recognized for its strict adherence to the Quran and Hadith, is prevalent in Saudi Arabia and Qatar
• Ja'fari jurisprudence, followed by the majority of Shia Muslims, emphasizes the importance of the teachings of the Twelve Imams (descendants of Prophet Muhammad)

Application of Sharia Law in Contemporary Middle Eastern States

Sharia in Middle Eastern legal systems

• Saudi Arabia and Iran have legal systems primarily based on Sharia law, with Islamic courts handling both civil and criminal cases
• Countries like Egypt, Iraq, and Kuwait recognize Sharia as a main source of legislation, but also incorporate elements of civil law (French or British-influenced)
• Turkey and Tunisia have largely secular legal systems, with Sharia law playing a limited role, mainly in personal status matters (marriage, divorce)
• The application of Sharia law can vary within a country, with different regions or communities following different interpretations or schools of thought (Sunni and Shia)

Sharia vs modern human rights

• Critics argue that some interpretations of Sharia law conflict with international human rights standards, particularly regarding corporal punishments (flogging, stoning)
• Unequal treatment of women in matters of marriage, divorce, and inheritance under certain interpretations of Sharia law raises concerns about gender equality
• The treatment of religious minorities and non-believers under Sharia law is a contentious issue, with some interpretations leading to discrimination or persecution (blasphemy laws)
• Proponents argue that Sharia law, when properly understood and applied, upholds principles of justice, equality, and compassion, compatible with human rights
• The debate surrounding the compatibility of Sharia law with modern values also involves discussions on the possibility of reform or reinterpretation while maintaining religious authenticity