Shariah: What Everyone Needs to Know®

Description

Most Americans and Europeans have by now heard of Shariah. In the West, politicians, media commentators, televangelists, and others have stoked fears that Muslims intend to impose a repressive rule based on Shariah in America and Europe. Shariah has been portrayed as a medieval system that oppresses women, stifles human rights, and imposes harsh punishments like stoning and amputation. In reality, however, Shariah is a complex concept that has been interpreted in many ways over time and around the world. It plays a vital role in the lives of Muslims around the world, offering guidance on everything from personal morality to ritual practices, family life, and finance. In this timely addition to Oxford's What Everyone Needs to Know® series, John Esposito and Natana DeLong-Bas offer an accessible and thorough guide to this little-understood, but often caricatured system. The book provides clear and even-handed answers to a wide range of questions, covering the history, development, content, and practice of Shariah. What are its origins? What is a Shariah court and how does it work? How does a person become a Muslim in the eyes of Islamic law? Does Islamic law allow Muslims to marry non-Muslims? What are blasphemy laws, and how are they enforced? How does Islamic law govern trade and contracts of sale? Do Muslims in the West want Shariah Law? Is there a need to protect American and European societies from the imposition of Shariah? By answering the questions that so many people have about Shariah and its role in Muslim life, this book makes an invaluable contribution to the crucial task of fostering mutual understanding in our globalizing, pluralistic societies. Cover Half title Shariah Copyright Dedication Contents Acknowledgments Introduction 1 Shariah and Islamic Law: Myths and Realities Where Does Fear of Shariah Come from? Why Does Shariah Carry Deep Spiritual and Social Meaning for Muslims around the World? Is There a Need to Protect American Law from the Infiltration of Shariah? How Does Islamic Law Differ from Jewish Law or Christian (Roman Catholic) Canon Law in the United States? Why Do Majorities in Muslim Countries Want Shariah? What Are Muslims Asking for When They Call for Shariah? How Does Shariah Play a Role in Muslim-Majority Countries Today? Is More than One Interpretation of Shariah Possible? How Do Muslims Whose Countries Do Not Follow Shariah Feel about It? How Do Muslims in the West Feel about Shariah? Can Muslims in the West Be Loyal Citizens? 2 Shariah: The Big Picture What Are the Origins and Meanings of Shariah? Are Shariah and Islamic Law the Same Thing? What Are the Sources Used to Develop Islamic Law? Do Sunnis and Shia Share the Same Shariah? How Did Scholars and Jurists Create Islamic Law from Shariah Principles? Do Shariah Principles Allow Social Renewal and Reform? Why Do We Have Different Schools of Islamic Law? What Are the Major Schools of Islamic Law and Where Are They Located? Are Jurists Required to Abide by the Rulings of Their Law School Alone? Are Muslims Required to Abide by the Rulings of Only One Law School? 3 Shariah Courts How Does Islamic Law Cover Public and Personal Areas of Life? What Five Categories Describe a Range of Human Behavior in Islamic Law? Who Is Considered an Expert in Islamic Law? What Is a Shariah Court and How Does It Work? What Kinds of Cases Are Governed by Shariah Courts? What Is the Difference between a Qadi and a Mufti? What Is a Fatwa and How Does It Differ from a Court Sentence? What Are the Rules for Evidence and Testimony in a Shariah Court? Does Islamic Law Permit Muslims to Lie or Conceal the Truth (Taqiyya)? Can the Decision of a Shariah Court Be Appealed? How Is Shariah Different from Other Legal Systems? How Do Shariah Courts Compare to Secular Courts? What Are the Strengths and Weaknesses of Shariah Courts? How Have Shariah Courts Changed over Time? 4 The Five Pillars of Islam and Community Life How Does a Person Become a Muslim in the Eyes of Islamic Law? How and When Do Muslims Pray? Is Charity Required by Islamic Law? When and Why Does Islamic Law Oblige Muslims to Fast? What Is the Hajj? 5 Women, Gender, and the Family What Does Islamic Law Say about Marriage? Does Islamic Law Enable a Man to Have Multiple Wives? Does Islamic Law Allow Muslims to Marry Non-​Muslims? Does Islamic Law Require or Encourage Arranged Marriages? Is Child Marriage Sanctioned by Islamic Law? What Does Islamic Law Say about Divorce Rights for Men and Women? How Does Islamic Law Treat Child Custody? What Does Islamic Law Say about Inheritance? Does Islamic Law Mandate Separation of the Sexes? Does Islamic Law Require Women and Men to Dress or Groom Themselves in Certain Ways? 6 Government, Law, and Order Does Islamic Law Prescribe a Single Model of Government? Is Leadership by a Caliph or Ayatollah Required in Islamic Law? Do Most Muslims Want to Return to a Caliphate? Why Don’t Muslims Practice Separation of Religion and State? How Does Islamic Law Relate to Civil Law? Is Islamic Law Compatible with Pluralism and Democracy? 7 Freedom and Human Rights Does Islamic Law Protect Human Rights? Does Islamic Law Accept Slavery? Does Islamic Law Protect Freedom of Speech? Does Islamic Law Protect Freedom of Religion? What Are Blasphemy Laws and How Are They Enforced? How Does Islamic Law View Proselytizing? What Were the Status, Rights, and Responsibilities of Non-​Muslims (Dhimmi) in Muslim States in the Past? What Are the Status, Rights, and Responsibilities of Non-​Muslims in Muslim States Today? What Are the Status, Rights, and Responsibilities of Muslims in Non-​Muslim States Today? 8 War, Peace, and the Common Good Does Islamic Law Permit Peaceful Relations with Non-​Muslims? Does Islamic Law Have a Theory of Just War? What Does Jihad Mean? Does Islamic Law Mandate that All Muslims Join in Military Jihad? Has the Concept of Jihad Changed in Modern Times? How Does Islamic Law View Martyrdom? What Is Islamic Law’s View of Suicide Attacks? 9 Criminal Law and Justice What Does Islamic Law Say about Retaliation or “an Eye for an Eye”? Does Islamic Law Demand Harsh Punishments like Amputation and Stoning? What Does Islamic Law Say about Illicit Sex (Fornication, Adultery)? What Is the Islamic Legal View of Homosexuality? Are Honor Killings Permissible under Islamic Law? How Does Islamic Law Treat Domestic Violence? How Does Islamic Law Handle Cases of Rape? What Does Islamic Law Say about Female Genital Mutilation/​Cutting? How Does Islamic Law Define and Punish Theft? What Does Islamic Law Say about Murder? How Does Islamic Law Define and Respond to Cases of Personal Injury? What Is Apostasy and How Is It Treated in Islamic Law? What Does Islamic Law Say about Drinking Alcohol? 10 Islamic Finance in a Global World How Are Muslims’ Economic Transactions Guided by Shariah Principles and Values? How Does Islamic Law View Interest/​Usury (Riba)? Do Islamic Banking Practices Differ from Those of Western Banks? How Can One Establish a Charitable Endowment (Waqf) in Islam? How Does Islamic Law View Property Rights? How Does Islamic Law Govern Trade and Contracts of Sale? How Do Shariah Principles Guide the Capitalist Market Economy? How Does Islamic Law View Poverty, Microfinance, and Economic Development? How Does Islamic Finance Interact with the Global Financial Market? 11 Science, Bioethics, and Human Life What Is the Relationship between Science and Shariah? What Parameters Does Islamic Law Establish for Dealing with Environmental Issues? What Is the Islamic Legal View of Medical Research, such as Cloning, Stem Cell Research, and Genetic Engineering? What Is the Relationship between Medicine and Shariah? How Does Shariah Influence Muslims’ Medical and Bioethical Decisions? How Are Blood and Organ Donations Treated in Islamic Law? How Are Contraception and Family Planning Treated in Islamic Law? How Does Islamic Law View Assisted Reproductive Technology (ART) and Other Fertility Treatments? In Theory and Practice, How Is Abortion Handled in Islamic Law? How Is Euthanasia Seen in Islamic Law? Bibliography Index