What is the Shari`ah?
Right now we in Indonesia are engaged in defining what (Islamic) Shari`ah is. I would be grateful if you could inform what is the content of Shari`ah is or what Shari`ah is all about. Thank you a million for your help.
Wassalam,
Muhammad Syafei, Indonesia
Reply
The term “Shari`ah” is generally used to refer to the laws of Islam. All Islamic teachings can be divided into two main parts: a) those that relate to the belief-structure of Islam, and b) those that relate to the laws of Islam. The former is known as Al-Hikmah (or the philosophy) of Islam and the latter is termed as Al-Shari`ah or Al-Kitaab (or the law) of Islam.
The basic and the primary source of the Islamic Shari`ah is the person of the Prophet of God. A prophet of God, according to the Muslim belief, is guided by revelation from God. He, in turn, delivers the revealed message to his followers. After the last prophet of God – Mohammad (pbuh) – the basic and the most accurate source of the guidance of God to mankind is the person of that last prophet. Thus, Mohammad (pbuh), according to the Islamic faith, is the source of all true guidance of God for all mankind.
The teachings of Mohammad (pbuh) have been transmitted to the world over time, without any adulteration or interpolation. The two basic sources of the teachings of Mohammad (pbuh) are the Qur’an – which is the revealed word of God, compiled, memorized and transmitted as a complete book – and the Sunnah – which constitutes the established Islamic practices, which were disseminated by the Prophet (pbuh) among all of his followers, without any exception. Both the Qur’an and the Sunnah of the Prophet (pbuh) have been transmitted to the present day Muslims all over the world through the continual – and uninterrupted – transmission of the whole generation of the companions of the Prophet (pbuh) – and then every subsequent generation – to its next generation. Because of this verbal perpetuation – in the case of the Qur’an – and practical perpetuation – in the case of the Sunnah of the Prophet (pbuh) – both these sources have always remained clear of any adulteration, interpolation, addition or deletion and have always maintained their original form – exactly as they were left by the Prophet (pbuh). Thus, for all practical purposes, the primary sources of the Shari`ah are a) The Qur’an, and b) The Sunnah of the Prophet (pbuh).
Besides the Qur’an and the Sunnah of the Prophet (pbuh), Another source of knowledge about the life and times of the Prophet (pbuh) as well as about the environment in which the Prophet and his companions lived is the narratives ascribed to the Prophet (pbuh). These narratives, in contrast to the Qur’an and the Sunnah, have been transmitted to the later generations through oral narratives of a few people only. However, these narratives can sometimes provide invaluable information about the life and practices of the Prophet (pbuh), which, although, do not constitute the main body of Islam, yet can sometimes provide phenomenal guidance regarding the Prophet’s way of following the teachings of Islam. Nevertheless, due to the inherent weaknesses of reliability and accuracy with regards to these narratives as well as the fact that the Prophet (pbuh) himself never directed his followers to record and compile these narratives, they are generally not considered among the prime sources of the Islamic Shari`ah. They constitute a supplementary source, which is only accepted to be reliable and accurate if 1) They have been transmitted to us through unbroken chains of reliable, honest and intelligent narrators; 2) nothing contained in them is contrary to the Qur’an, the Sunnah of the Prophet (pbuh) or the established facts of nature and history; and 3) their content do not make any additions to the Islamic Shari`ah, as is contained in the Qur’an and the Sunnah.
The main topics discussed in the Shari`ah are:
The above explanation should provide a brief introduction to the basic sources and the contents of the Islamic Shari`ah, which, in my opinion should suffice as an answer to your question. However, in view of the general misconception and confusion about the two commonly used terms of “Shari`ah” and “Fiqh”, it seems important to clarify the difference between these two terms which are, generally, used as synonymous.
Shari`ah, as the above explanation tries to establish, is purely the collection of the laws of the Qur’an and the Sunnah only. While “Fiqh”, on the contrary, is the collection of the extensive application of the laws entailed in the Shari`ah on practical life situations of a time. In other words, the “Fiqh” of a particular Muslim jurist includes: a) the interpretation of the laws of the Shari`ah of that particular Muslim jurist; b) the opinions of that particular Muslim jurist regarding the issues not directly referred in the Qur’an; and c) the applications of the interpretations and opinions of that particular Muslim jurist on practical life situations faced by him. It should also be noted that all three aspects included in “Fiqh” are subject not only to difference of opinions among the various Muslim scholars of a particular time, but also to a difference of opinion among Muslim scholars belonging to different periods of time.
Thus, if seen in the correct perspective, it shall be known that “Fiqh” includes an element of human interpretation of the Shari`ah, which, like other human efforts entails chances of mistakes and inconsistencies. Furthermore, it is important to note that a Muslim must, under all circumstances maintain his adherence to the Islamic Shari`ah, while affiliating oneself with any given particular juristic school (Fiqh) is not required of a Muslim.
I hope this helps.
Regards,
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