Critiquing Islam 2.0

Shariah

A Critical Analysis of Islamic Law

Introduction: What is Shariah? A Divine Blueprint or a Man-Made System?

Shariah is often presented as a divine, perfect, and unchangeable law directly revealed by Allah, encompassing every aspect of a Muslim’s life — from religious rituals to social conduct, from criminal law to family relations. But beneath this religious narrative lies a complex and human-constructed system of laws, heavily dependent on human interpretation, conflicting sources, and subjective reasoning. This post critically examines the concept of Shariah, exposing its internal contradictions, ethical issues, and the problematic nature of its implementation in the modern world.

Qur’an 45:18:

"Then We put you on a clear path (Shariah) in the matter [of religion]; so follow it and do not follow the desires of those who do not know."

At first glance, this verse appears to present Shariah as a clear and divine path. But the reality is far from clear. Shariah is an ever-evolving system, derived from multiple, often contradictory sources, and interpreted by scholars with differing opinions.

1. The Primary Sources of Shariah: Contradictions and Human Interpretation

A. The Qur’an: A Divine Source with Conflicting Commands

The Qur’an is considered the ultimate source of Shariah, believed to be the literal word of Allah. But the Qur’an is not a detailed legal code. Instead, it contains scattered legal verses, many of which are vague, contradictory, or require interpretation.
Examples of Conflicting Legal Commands:
- Criminal Punishment (Hudud):
  - Qur’an 5:38:
    
    "As for the thief, the male and the female, amputate their hands…"
  - Qur’an 4:15:
    
    "And those who commit immorality among your women, bring against them four witnesses. If they testify, confine them to their houses until death takes them…"
- Inheritance Law:
  - Qur’an 4:11:
    
    "Allah instructs you concerning your children: for the male, what is equal to the share of two females."
  - This discriminatory rule violates the principle of gender equality, leading to ethical concerns.
- Marriage and Women’s Rights:
  - Qur’an 4:34:
    
    "Men are the protectors and maintainers of women because Allah has given one more [strength] than the other…"

B. The Sunnah (Hadith): A Source of Confusion and Contradiction

The Sunnah is the second most important source of Shariah, consisting of the sayings, actions, and approvals of the Prophet Muhammad. But the authenticity of the Sunnah is highly questionable:
- The Hadith were collected over 200 years after Muhammad’s death.
- The collections contain conflicting reports, weak narrations, and even fabrications.
Contradictory Hadith Examples:
- Prayer (Salah):
  - Sahih Bukhari 631: "Pray as you have seen me praying."
  - But the method of prayer varies among different schools of thought (Hanafi, Shafi'i, Maliki, Hanbali).
- Fasting (Sawm):
  - Sahih Muslim 2565: "Eat Suhoor, for in it there is blessing."
  - But there are hadith that contradict the timing and details of Suhoor.
The authenticity of Hadith is determined by human scholars using subjective criteria (Isnad - chain of narrators), leading to disputes over which Hadith are "authentic" (Sahih) and which are not.

2. The Secondary Sources of Shariah: Subjective and Contradictory

A. Ijma (Consensus of Scholars): The Myth of Universal Agreement

Ijma is the consensus of scholars on a legal issue, but the idea of universal consensus is a myth:
- Scholars from different schools of thought (Hanafi, Maliki, Shafi'i, Hanbali, Ja'fari) rarely agree on major issues.
- Even within a single school, scholars often disagree on interpretations.
Example: The method of performing Salah (prayer) varies significantly between the Hanafi, Shafi'i, Maliki, and Hanbali schools, despite the claim of consensus.

B. Qiyas (Analogical Reasoning): A System of Speculation

Qiyas is the process of applying known rulings from the Qur’an or Sunnah to new situations using analogy. But this method is inherently subjective:
- Scholars often disagree on the basis of analogy.
- A ruling may be considered valid by one scholar but invalid by another.
Example:
- Alcohol is forbidden in Islam because it is intoxicating (Qur’an 5:90).
- By analogy, other intoxicants (such as narcotic drugs) are also forbidden.
- But what about caffeine, tobacco, or medicinal drugs? Scholars are divided.

C. Urf (Custom): A Tool for Cultural Adaptation or Religious Manipulation?

Urf refers to the accepted customs of a community, but this source is highly problematic:
- What is considered "custom" can vary dramatically between regions.
- Practices that were once part of local culture (such as female circumcision in Africa) have been wrongly justified as Shariah.
Example: The amount of dowry (Mahr) in marriage varies widely depending on local customs, leading to abuse.

3. The Derivation of Shariah: A System of Human Jurisprudence (Fiqh)

A. What is Fiqh? A Human Effort, Not Divine Guidance

Fiqh is the human effort to interpret and apply Shariah. It is not divine but a product of human reasoning.
The existence of multiple schools of Fiqh (Hanafi, Maliki, Shafi'i, Hanbali, and Ja'fari) demonstrates the subjective nature of Shariah.
These schools frequently contradict one another on major issues:
- Hanafi School: Prioritizes reason and analogy (Qiyas).
- Maliki School: Emphasizes the practice of the people of Medina.
- Shafi'i School: Prioritizes Qur’an, Sunnah, Ijma, and Qiyas.
- Hanbali School: Strictly adheres to the Qur’an and Sunnah, with minimal use of Qiyas.
- Ja'fari School (Shia): Relies on the teachings of the Twelve Imams and reason (Aql).

B. The Fragmentation of Shariah: A System Without Unity

The fact that Shariah is divided into multiple schools of thought undermines the claim that it is a "clear, divine path."
Each school claims to represent the true interpretation of Shariah, but they contradict one another on major issues:
- The validity of divorce (Talaq).
- The conditions for marriage and custody.
- The punishment for crimes (Hudud).

4. Application of Shariah in Modern Muslim-Majority Countries: Chaos and Contradiction

A. Saudi Arabia: Strict but Selective Application

Follows the Hanbali School, but selectively applies Hudud punishments (amputation for theft, stoning for adultery).
Women were forbidden from driving until 2018, but this was not based on the Qur’an or Hadith.

B. Iran: A Shia Theocracy with Political Control

Applies Shariah through the Ja'fari School, but religious leaders (Ayatollahs) have supreme authority.
Islamic law is often manipulated to maintain political power.

C. Pakistan: A Hybrid System of Shariah and Secular Law

Shariah is applied in personal status law (marriage, divorce, inheritance) but coexists with secular law.
Hudud ordinances are part of the penal code but are rarely enforced due to international pressure.

D. Egypt: Shariah as a Source of Legislation

Shariah is recognized as a primary source of law, but its application is limited to personal status law.
Criminal law and civil law are governed by a secular code.

5. Conclusion: Shariah — A Man-Made System Claimed as Divine Law

Shariah is not a clear, divine path but a complex, fragmented, and contradictory system of human law.
It is derived from multiple sources, many of which are vague, contradictory, or disputed.
Its application in modern Muslim-majority countries varies widely, further exposing its subjective nature.
The claim that Shariah is a divine and perfect law is contradicted by the reality of its interpretation, application, and enforcement.