What is Sharia?
In Arabic, Sharia means path or the way.
It is not actually a body of law instead they are broad ethical and moral principles
that have been taken from the sayings of
Prophet Muhammad and the Holy Book of Quran.
These broad principles are deduced by experts to come
up with certain moral instructions and legal decrees.
The laws that surface from Sharia interpretation
is known as ‘fiqh’ in Arabic or Islamic law.
Sharia offers to its follower’s guidance on how to lead an ethical life.
Although there is no country that runs on absolute Sharia law most Muslim
countries incorporate Sharia at a certain level in their legal structure.
Some countries even consider it to be the
highest source of law in their constitution.
Sharia laws are usually seen in application
where laws are concerned with personal matters
such as domestic violence, divorce, marriage,
child support, inheritance, family matters etc.
Several Muslim countries also use Sharia in criminal justice.
What are the types of punishment under Sharia Law?
Sharia is not only about punishment.
It also guides its followers about how to pray,
treat family members and their neighbours.
It desists Muslims to gossip, lie, rob, perform adultery or kill.
This is why there are certain punishments in
Quran for not following these guidelines.
There are different types of punishments that have been set by various
countries who follow Sharia to judge people for their offense.
However, Islam has always required proof before
a punishment is carried out on a person.
For crimes like adultery, rape or murder the punishment could death by stoning.
Several international organisations have spoken against the way of punishment
as it is inhumane and cruel to end a life in such a degradable way.
Another crime which is unforgivable in Muslim countries is apostasy which
means to change your religion from a Muslim to some other religion.
Honour killings have also been observed in several
Muslim countries as a part of the Sharia law.
This however, is denied by the Sharia experts saying
that Islam doesn’t permit such treatment towards women.
Yet there are countries that have been following
Sharia Law mixed with their National laws.
Most common way of punishment for small offences is caning or whipping in public.
Here are some countries that use Sharia law in their legal system:
1. Nigeria – Nigeria is one of the countries
that trials Muslims through Sharia law.
There are 9 countries in Nigeria where Sharia
law has been primarily stated as a main body of
criminal and civil law and another 3 where some
parts of the state have instated Sharia law.
The Nigerian government calls the Sharia Court as the Federal Court of Appeals.
It co-exists within the Federal Capital Territory of
Nigeria and forms a part of the Unified Courts System.
Most appeals from the north and north-eastern part of the country or
any cases that requires Sharia law to intervene is taken up by them.
Usually there are conflicts between the traditional
courts and Sharia Court because all cases
related to Islam although reviewed by Sharia also
have to follow the laws of the Nigerian courts.
There have been many skirmishes over implementation of
Sharia law especially in non-Muslim minority states.
Nevertheless, there are states that abide by
the rule and even though there have been many
controversies related to the decisions of
Sharia Court they continue to exist in Nigeria.
2. Qatar –The Sharia law forms the main part
of legislation in Qatar’s constitution.
Punishments such as flogging and stoning are common and legal.
Death penalty is given to people who go against their national security.
Adultery here is punishable by death especially when
there is a non-Muslim man and a Muslim woman involved.
Even non-Muslims are judged according to Sharia laws.
There are many expatriates and foreign
nationals who have received lashes in public.
3. Somalia – They have been following Sharia as their legal law system.
There are 99.8% Muslims in this country.
The people are judged according to the Sharia laws.
4. Saudi Arabia – The Saudi Arabian law is based on Sharia law.
The punishments by the Sharia Courts are quite severe.
If found guilty for rape, murder, armed robbery, witchcraft, apostasy,
adultery or continuous drug use the punishment could be death.
Amputation of hand for robbery is also carried out as a punishment.
Homosexuals are punished by death, flogging or imprisonment.
5. Oman – Another state where Sharia forms a part of the legal system is Oman.
Sharia here deals with all types of matters from family to criminal.
The women do face legal discrimination especially when it
comes to divorce, marriage, child custody and inheritance.
6. Brunei – Sharia law is the legal system in Brunei
and it is applicable even to the non-Muslims.
The women enjoy a better position here compared to the
other Muslim countries where Sharia is applicable.
The punishments for crimes include fines and prison sentences for crimes
like pregnancy out of wedlock, not attending prayers on Friday etc.
Flogging and cutting of hands is also a part of punishments for worse crimes.
7. Jordan – The legal system of Jordan has a combination of Customary and Sharia law.
The Muslims of the country approach the Sharia courts which take care
of family matters only such as marriage, divorce, custody or adoption.
8. Indonesia – The Aceh is the only part of the
nation where Sharia law has been established
as an addition to the law system by the
Central government - it is not a replacement.
Sharia courts here are free from any outside
influence and will apply only to the Muslims.
The people here welcomed Sharia as the majority are Muslims.
Aceh has lately been in news for whipping a woman and ten other
men publicly for crimes such as adultery, gambling, drinking etc.
There are many more countries that follow Sharia law
and some even don’t have official Sharia courts.
Countries like Kenya, Uganda, Eritrea, Niger,
Syria, Jordan and Uganda along with many
more Muslim countries use Sharia law to take care of family and criminal matters.