The concept of Sharia, alongside terms like tarikat (Islamic Sufi order) and fiqh (Islamic jurisprudence), is frequently misinterpreted. These terms are central to understanding Islamic principles, yet they often become distorted in modern discourse. This article aims to clarify the true meaning of Sharia and address common misconceptions.
Is Sharia Just Law?
Islam isn’t solely a set of legal rules imposed from above, nor is it a humanistic ideology devoid of principles. Like all concepts, Sharia has been exploited, particularly by those who misunderstand its true scope. A common claim is that fiqh rulings are outdated and Sharia cannot be applied today.
Today, Sharia is often portrayed as involving harsh punishments like amputation or stoning, creating a negative image. This misrepresentation stems from the belief that Sharia consists solely of rules and commands.
In reality, Sharia encompasses moral guidelines, Sufi teachings, and the entirety of Prophet Muhammad’s (peace be upon him) pronouncements – it is Islam itself. [1]
The Inalterability of Sharia and Islam
Claims that “Sharia should be removed from a Muslim’s life” or that it contains outdated historical motifs contradict the Quranic verses: “We have revealed to you, O Muhammad, Islam as the religion.” (Ma’idah 5:3) and “Truly, the religion before Allah is Islam.” (Al-Imran 3:19). Sharia is based on divine revelation (Quran and Sunnah); therefore, it cannot be altered or abolished by human will.
The Misconception of Sharia & Muslim Responsibility
Orientalists, those who intentionally or unintentionally spread misinformation, and those who applaud them bear a significant responsibility for the negative perception of Sharia. They often distort Islamic matters, leading people away from faith or undermining their beliefs.
However, we must also examine our own shortcomings. Complacency and inaction among Muslims contribute to these problems. Self-reflection is a fundamental Islamic duty. [2]
Islam: Blame the System, Not Sharia
In areas where Islamic rulings are not implemented, attributing crimes to Islam, fiqh, or Sharia is inaccurate. A faith confined solely to mosques and absent from daily life, homes, markets, legal systems, and economies creates problems that stem from a lack of enforcement and injustice.
As Rasim Özdenören stated, those who fail to implement or distort fiqh rulings are responsible, not Islam itself. A society may possess theoretical Islamic jurisprudence but not necessarily live according to its principles. [3]
Is Islam Responsible for Societal Problems?
Blaming Islam for family breakdowns resulting from ignoring the rights and responsibilities defined in Islamic family law is illogical. Similarly, attributing crime to Islam when it occurs in a society where Islamic principles are ignored misses the point.
The Balance of Crime and Justice in Islam
Islam aims to cultivate virtuous individuals through both reward and punishment. Just as a lack of severe penalties undermines trust in justice, excessive punishments can create societal chaos. Maintaining balance between crime and punishment is a core element of Islamic justice.
Theory vs. Practice: A Disconnect
To assess the effectiveness of any law or system, it must be given an opportunity to be implemented. When Islamic principles are ignored, errors and crimes occur; this isn’t a flaw in Sharia but rather a consequence of its absence from society.
Ultimately, living a Muslim life requires not just adhering to rules, but also cultivating a Muslim mindset.
Footnotes:
[1] Muhammed Umare, Izâletü’ş-şübühât an me’âni’l-mustalahât (Cairo: Dâru’s-Selâm, 2010), 510.
[2] Rasim Özdenören, Müslümanca Düşünme Üzerine Denemeler (Istanbul: İz Yayıncılık, 1992), 114.
[3] Sezai Karakoç, İslâm Toplumunun Ekonomik Strüktürü (Istanbul: Diriliş Yayınları, 1987), 8.