Sharia

by Ahmed E. Souaiaia* Abstract: Being an extremely dynamic determinant system that can be both formalized and popularized, Sharia has the potential to be used to promote and protect rights as well as to be an instrument of exclusion and human rights abuse. In fact, that is the role Sharia has played throughout the history of Islamic civilization: rulers, from Yazid to Numeiri, justified their transgressions by their role as enforcers of God’s Sharia; and rebels, aggrieved, and dissenting social groups, from the Ibadis to the Muslim Brotherhood, invoked the Sharia for motivation and justification in their pursuit of delegitimizing and overthrowing unjust regimes. With an eye on its effects on human rights in historical and modern contexts, let’s take a close look at the definitions, functions, and history of Sharia. ________________ In Muslim-majority countries, where leaders debate and negotiate legal reforms, the persistent question is whether Sharia should be the source of law or a source of law. In countries where Muslims are minorities, some local and national governments have proposed laws banning the adoption of Sharia. In territories and countries controlled by Islamist armed groups, Sharia courts have been established and self-styled scholars have imposed themselves as chief Sharia judges (sing. qadi shar`i). Social movements, violent and non-violent ones, have emerged in many Muslim-majority countries have been demanding the “implementation of Sharia” in their communities. These events might give the impression that Sharia is a concrete and well-defined concept, body of law, and legal system. In reality, the Read more