Faith and Practice: Sharia Law As A Legal Code

Remember, Muhammad did consider Islam to be the only complete and perfected code of life. Still, he fashioned a successful state on Islamic principles that meets all the criteria of being named a secular state. 

Ahmadiyya Times | News Watch | US Desk
Source/Credit: Finger Lakes Times | Opinion Editorial
By Sardar Anees Ahmad | October 29, 2011

Libya’s interim government, following the death of Muammar Gadaffi, has announced that “Sharia law” will govern the country. A great deal of fear and skepticism has developed regarding Sharia law. The application of Sharia law during the time of Prophet Muhammad and his four Caliphs, however, demonstrates what Muslim states refer to as Sharia law is anything but.

While non-Muslims living in Muslim countries today often suffer unimaginable horrors, their living standards were equal, and oftentimes better, than that of the Muslims during Muhammad’s time. As Medina’s ruler, Muhammad drafted the Charter of Medina. The Charter recognized all of Medina’s citizens, irrespective of religious background, to form “one community.” Religious freedom was granted to all non-Muslims, including Jews and Christians – a principle derived from the Quran (2:257; 109:2-7).
Accordingly, Muhammad, in obeying the Quran’s (4:138) order, forbade any punishment for a Muslim converting to any other faith. For example, once a desert Arab became a Muslim at Muhammad’s hand. He later requested twice to have his pledge voided. While Muhammad denied his request, the Arab left Medina on his own accord unharmed.

Non-Muslims also enjoyed all the economic rights guaranteed to Muslims, even exploiting the Muslims fairness for their own gain. For example, on settling in Medina the Muslims were in dire need of water and a non-Muslim owned the only well in Medina, known as ‘Bir Rumah.’ The owner demanded an exorbitant price for its purchase, which the Muslims paid. Consider, then, that if Muslim’s economic rights trumped non-Muslims economic rights under Sharia law, why did the Muslims not forcefully claim the well?

Objection is also raised against Sharia law’s “jizya” poll tax levied against non-Muslims. Firstly, it was not as if no taxes were levied against Muslims. Indeed, the “zakaat” tax was a mandatory tax for the Muslims alone. Moreover, the jizya, which ensured non-Muslim’s protection, absolved all non-Muslims of military service. If the Muslims could not protect non-Muslims, the tax was returned. In contrast, today’s nations tax its citizens and still leave everyone eligible for military service.

Remember, Muhammad did consider Islam to be the only complete and perfected code of life. Still, he fashioned a successful state on Islamic principles that meets all the criteria of being named a secular state. Regarding the public sphere then, certain aspects of Sharia law are indeed secular. It is no wonder then that Michael Hart wrote, “My choice of Muhammad to lead the list of the world's most influential persons may surprise some readers and may be questioned by others, but he was the only man in history who was supremely successful on both the religious and secular levels.”

Fortunately, Muhammad’s timeless example did not die with his passing. As one example, Christian historians acknowledge the remarkable sensitivity with which Umar, Muhammad’s 2nd Caliph, treated non-Islamic religious traditions. Famed Orientalist Sir William Muir writes of Umar’s visit to Jerusalem, “Omar accompanied the Patriarch over the city visited the various places of pilgrimage and graciously inquired into their history. At the appointed hour the Patriarch bade the Caliph perform his orisons in the church of the Resurrection where they chanced to be. But he declined to pray either there or in the church of Constantine where a carpet had been spread for him saying kindly that if he did so his followers would take possession of the church for ever as a place where Moslem prayer had once been offered up.” Muir further notes that Umar declared religious freedom for all of Jerusalem’s inhabitants – including Jews and Christians.
Sharia law, therefore, is a remarkable legal code. Sadly, its greatest detractors today are also its greatest exploiters – Muslim nations.


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