Sharia is not a codified law. It has never been fully applied at any time or place.
Sharia is the entirety of Islamic law as recorded in the Koran, Islamic tradition and the interpretations of authoritative theologians and jurists.
The term “Sharia” is often rendered as “Islamic law” or “Islamic law”; however, this is incorrect because it suggests that Sharia is about a body of clearly defined laws enacted by a legislature, which is not the case: Sharia remains open to some interpretation.
This means that “the Sharia” cannot exist as a constitutional law.
The term “Sharia” only occurs once in the Koran (Surah 45:18). There it is not used to designate a legal system but means “rite” or “path”. The term originally meant “path to the potion”.
In the Koran itself, the term “Sharia” does not yet have the meaning of a legal system. Only during a development, beginning around the 8th century AD and culminating in the 10th century, did the term Sharia become a synonym for “divine law”. However, Sharia is not a codified code of law. It is a set of rules based on multiple sources.
Up to this point in time, four different “schools of law” – legal traditions – had developed in the Sunni sphere (the Hanbali, Hanafi, Maliki and Shafii schools) and at least one Shia school.
Since the interpretation of the legal instructions from the Koran and Sharia and their implementation in concrete legal provisions differ significantly, there is no uniform legal text “Sharia”.
Sharia is not a codified law either, it has never been fully applied at any time or place.
The “Cairo Declaration of Human Rights in Islam” states: “Article 25: Islamic Sharia shall be the sole authoritative source for the interpretation or explanation of each and every article of this Declaration”.
If Sharia is the source, there should be such authoritative scripture. However, Sharia is more an interpretation of the Koran, Hadith, and other Islamic traditions.
A larger part of the accepted Sharia can be found in the 14th-century work ‘Reliance of the Traveller‘ by Ahmad ibn Naqib al-Misri (d. 769/1368). It was first published in English in 1991.
Sharia means finding a scholar or an authoritative person to rule in your favour. There are countless fatwas (legal opinions) that contradict each other.
But Sharia also means that vigilantism is resorted to.
For example in ‘Reliance of the Traveller’ Q 5.6 : The fifth degree consists of changing the blameworthy thing with one’s hand, such as by breaking musical instruments, pouring out wine, or turning someone out of a house wrongfully appropriated. There are two rules for this degree: … get the person to do it himself … is not obliged to cover the damages.
Q 5.8: The seventh degree is to directly hit or kick the person, or similar measures that do not involve weapons. This is permissible for private individuals provided it is necessary, …
Reliance of the Traveller R 3.1: … A person should not speak of anything he notices about people besides that which benefits a Muslim ….
This command means that it is no longer about truth, but about the honour of a Muslim.
What to do if someone says something unfavourable despite this: -3- hate him for the sake of Allah Most High, for he is detestable in Allah’s sight, and hating for the sake of Allah Most High obligatory; … -5- not let what has been said prompt him to spy or investigate whether it is true, for Allah Most High says, ‘Do not spy’ (Qur’an 49.12);
Reliance of the Traveller S 4.6 states: If someone … relieving him of the need to obey the Sacred Law such that the prayer, fasting, and so forth are no obligatory for him, or that drinking wine and taking other people’s money are permissible form-as some pretenders to Sufism, namely those “above the Sacred Law” (ibahiyyun) have claimed-there is no doubt that the imam of the Musilms or his representative is obliged to kill him. Some hold that executing such a person is better in Allah’s sight than killing a hundred unbelievers in the path of Allah Most High (Hashiya at-Shaykh Ibrahim at-Bajuri (y5), 2.267).
The Imam becomes the “executor” and not the shepherd.