Shariah Law (Islamic Code of Conduct)
Shariah, in the context of Islam, is a set of rules and regulations intended to establish a Code of Conduct for the Muslims to protect, preserve and promote the well being of all members of the society. The source of all Shariah is the Quran, the teachings (Sunnah) of prophet Muhammad (PBUH) and scholarly analysis supported by the Quran and Sunnah, in that order.
Shariah protects both Muslims and non-Muslims from any harm coming from a Muslim. Shariah is designed to protect one or more of these five things:
- Faith (God has no partners, freedom of religion),
- Life (do not kill or cause to kill, eat healthy, obey traffic laws),
- Family (do not fornicate, be responsible parents, maintain kinship),
- Property (do not cheat, steal, lie, gamble) and
- Intellect (don’t take/promote drugs/alcohol).
It is not the Shariah but in fact the lack of adherence to it by few Muslims which is causing corruptions around the globe. The Observants of the “Ten Commandments” are in compliance with many conditions of the Islamic Shariah.
Someone should feel more comfortable in dealing with a Muslim (or a non-Muslim for that matter) who follows the Shariah as opposed to someone who makes his own rules and does whatever “feels good at the moment” without having any moral bearing, fear of consequences or fear of the Law of the Land.
Purpose of the Shariah is to bring peace, harmony and social justice in the lives of individuals as well as in the society at large. It is not to be misused to cause harm or oppression to any individual or a group of people. In case there is no conflict, a Muslim must follow the Law of the Land, his Shariah, by default.
The concept of banning Shariah from USA ignores the fact that most of the civil and criminal laws are not in conflict with the Shariah and in fact comply with the Shariah requirements. Shariah is already an integral part of the US legal system and removing any such laws that are in compliance with Shariah will weaken our legal system. US Law of the Land and Shariah actually complement each other.
Like any comprehensive legal system, Shariah allows for punishments for certain crimes that affect the well being of the society. Less than 10 out of the 6,236 verses in Quran deal with the penal code. The accused is always given benefit of doubt and the Judge must consider circumstances of the crime as well as the intention of the accused before handing out a verdict. Repentance, forgiveness, fairness and reform are given priority over revenge and punishment (no long term imprisonment) in applying Shariah.
Many of the Shariah in Islam are in line with the Shariahs given to Moses and Jesus. Dietery restrictions, dealing with parents and neighbors, modesty in clothing, taking care of the poor and needy, not harming
others physically or otherwise, etc. are all part of the Shariah given to all prophets. Most of the common laws in the civilized world appear to be derived from the Shariahs.
Democratic process and Shariah are not in conflict with each other. Shura (Consultation) is an integal part of Sharia in matters of common interests and leaders are to be elected democratically. However, Muslims can not pass a law, even by a democratic process, if it is in direct conflict with Shariah. For example, laws forcing Muslims to consume intoxicants, to gamble, or to be immodest can’t be passed by a majority vote.