Sharia law not the threat some U.S. politicians contend it to be
Presidential candidates catering to their base continue to talk up the threat posed by Sharia law. Interestingly, when asked directly, most can hardly define what Sharia law is.
To truly judge what Sharia means to America, we should first understand what it means to Muslims.
We might be surprised to learn that Sharia as a criminal justice system is used only in Saudi Arabia and some parts of Nigeria. Most Muslim countries apply Sharia principles only to their finance and banking, contract, marriage and inheritance laws. And some, Turkey for example, don’t subscribe to it at all.
So, with a Sharia system of justice taking hold in only one and a half Muslim countries, one must ask, what is the likelihood of it overtaking America as our politicians would suggest?
The truth is Sharia’s relevance in the world’s legal systems is limited. Its real influence is over the hearts and minds of Muslims, as it offers them spiritual and moral guidance in their daily lives.
Sharia, literally translated as “the path to the watering hole,” offers Muslims a road map to life. It tells them what is permissible and what is forbidden.
Sharia guides Muslims in five areas:
• First, it tells them how they should worship and advance their religion.
• Second, it mandates that they protect and preserve human life in all situations.
• Third, it directs them to expand their knowledge and feed their intellect, not limit them with drugs or alcohol.
• Fourth, it defines the roles and responsibilities of spouses, parents and children in the family unit.
• And last, it defines one’s responsibilities in social and business dealings. Sharia is that broad and that complex.
Sharia comes from Quranic scriptures and from the words and examples set by the prophet Muhammad. Islamic scholars continue to study its principles and develop new laws from existing ones to meet the needs of their evolving cultures.
There is no escaping the perception many in the West have of Sharia. Not seeing the broad role Sharia plays in Islam, people focus instead on rare draconian punishments.
There’s no getting around it. There are specific offenses which carry defined severe penalties. The iconic penalty held up as an example is the severing of a hand as punishment for theft.
Most Muslims, because they understand the spirit of Sharia, would have great trepidations in executing this or similar laws. In that, they are not unlike Westerners struggling with the question of capital punishment.
But many are reassured knowing that Islamic jurisprudence requires a very high standard of proof and extensive appeals before issuing such a grave punishment. In fact, convictions in such extreme cases are hardly common.
For example, Sharia law states that if the thief committed his crime as a consequence of poverty or other desperate need, the community and not the perpetrator is held to blame. Sharia expects the community to ease a person’s suffering before he resorts to crime.
Any law, no matter the purity of its intentions, can be misinterpreted and misapplied. It is subject to the limitations of those who would enforce it. Backward cultural traditions and the uneducated undermine justice. This holds true for Sharia as it does for any other legal system.
Horrific executions in countries still in their dark ages are publicized by the media. It is wrongfully suggested that they are sanctioned by Sharia. This contributes to our confusion and fuels our fears.
But, fear not. America is not about to join hands with Saudi Arabia and Nigeria, becoming the third nation to embrace Sharia. An Islamic assault on our legal system is probably remote. Perhaps our politicians can refocus and help us address issues that are grounded in reality.
Dean Hosni, an underwriting professional in the insurance industry, is a member of The Olympian’s Diversity Panel. He can be reached at dean.hosni@comcast.net.
This story was originally published October 28, 2011 at 12:00 AM with the headline "Sharia law not the threat some U.S. politicians contend it to be."