Thursday, July 25, 2013

Shariah 101: What is it and why do states want to ban it?



North Carolina lawmakers on Wednesday (July 24) approved a bill to prohibit judges from considering “foreign laws” in their decisions, but nearly everyone agrees that “foreign laws” really means Shariah, or Islamic law.
North Carolina now joins six other states — Oklahoma, Arizona, Kansas, Louisiana, South Dakota, and Tennessee — to pass a “foreign laws” bill. A similar bill passed in Missouri, but Gov. Jay Nixon vetoed it, citing threats to international adoptions.

The bills all cite “foreign laws” because two federal courts have ruled that singling out Shariah — as Oklahoma voters originally did in 2010 — is unconstitutional.
So what’s the big deal with Shariah?
Many Americans think of Shariah as an Islamic legal system characterized by misogyny, intolerance, and harsh punishments. Some anti-Islamic activists warn that Muslims are trying to sneak Shariah into the American legal system in ways that do not reflect U.S. legal principles or beliefs.
Many Muslim Americans counter that Shariah is essential to belief, and that any harsh punishments or unconstitutional aspects associated with Islamic law have either been exaggerated, abrogated or are superseded by American law.
Muslims around the world have varying views about what Shariah entails, and its role in personal and public life. So what exactly is Shariah? Here are five facts that might help make sense of this complex and often misunderstood term.
1. What is Shariah?
Shariah is an Arabic word that literally means a path to be followed, and also commonly refers to a path to water. The term is broad, encompassing both a personal moral code and religious law.
There are two sources of Shariah: The Quran, which many Muslims consider to be the literal word of God; and the “Sunnah,” the divinely guided tradition of Islam’s Prophet Muhammad.
The interpretation of Shariah is called “fiqh,” or Islamic jurisprudence. Because fiqh is man-made, it can be changed; Shariah, for many Muslims, is divine and cannot be changed.
Some Muslims use the term Shariah to apply to both the injunctions in the Quran and Sunnah, and the interpretation of the Quran and Sunnah. Islamic law consists of Shariah and fiqh.
2. What does Shariah cover?
While often thought of as a legal system, Shariah covers personal and collective spheres of daily life, and has three components — belief, character, and actions. Only a small portion of the “action” component relates to law. In fact, only about 80 of the Quran’s 6,236 verses are about specific legal injunctions.
* The “belief” component of Shariah commands Muslims to believe in God, the angels, prophets, revelation, and other metaphysical and physical aspects of the faith.
* In terms of “character,” Shariah commands Muslims to strive for traits like humility and kindness, and to avoid traits such as lying and pride.
* “Actions” include those relating to God, such as prayer, fasting, and pilgrimage, as well as actions relating to other humans, such as marriage, crime, and business.
Some actions relating to other humans can be regulated by the state, while actions relating to God (as well as belief and character) are between an individual and God. Nevertheless, some Muslim-majority countries have criminalized violations of the belief, character, and action components of Shariah.

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