Sharia law, which derives from the teachings of the Koran and from Sunna (the practice of the prophet Mohammed), is implemented to varying degrees in different Islamic countries - from the beheadings of Saudi Arabia, to the relatively liberal social mores of Malaysia.
What is sharia?
The word sharia means “the path to a watering hole”. It denotes an Islamic way of life that is more than a system of criminal justice. Sharia is a religious code for living, in the same way that the Bible offers a moral system for Christians.
It is adopted by most Muslims to a greater or lesser degree as a matter of personal conscience, but it can also be formally instituted as law by certain states and enforced by the courts. Many Islamic countries have adopted elements of sharia law, governing areas such as inheritance, banking and contract law.
What does sharia decree?
Sharia offers a code for living governing all elements of life, from prayers to fasting to donations to the poor. It decrees that men and women should dress modestly, which in some countries is interpreted as women taking the veil and the sexes being segregated.
“Sharia governs the lives of people in ways which are not governed by the law,” says Lynn Welchman, director of the Centre for Islamic and Middle Eastern Law. “Over 50 countries are members of the Organisation of Islamic Conference, and you can expect there will be some form of compliance with sharia - either in people’s personal lives or enforced through the courts by the state. A lot of states in the Middle East are taking more elements of sharia into their state laws.”
What are Hadd offences?
Within sharia law, there is a specific set of offences known as the Hadd offences. These are crimes punished by specific penalties, such as stoning, lashes or the severing of a hand. The penalties for Hadd offences are not universally adopted as law in Islamic countries.
Some countries, such as Saudi Arabia, claim to live under pure sharia law and enforce the penalties for Hadd offences. In others, such as Pakistan, the penalties have not been enforced. The majority of Middle Eastern countries, including Jordan, Egypt, Lebanon and Syria, have not adopted Hadd offences as part of their state laws.
Hadd offences carry specific penalties, set by the Koran and by the prophet Mohammed. These include unlawful sexual intercourse (outside marriage); false accusation of unlawful intercourse; the drinking of alcohol; theft; and highway robbery. Sexual offences carry a penalty of stoning to death or flogging while theft is punished with cutting off a hand.
“This is a system of criminal law which has become a potent symbol of Islamisicing the law,” says Dr Welchman. “But there is the question of whether it’s actually applied in the countries which have adopted it. There is supposed to be a very high burden of proof, but that clearly often doesn’t happen in practice.”
Many Islamic countries will have adultery and the drinking of alcohol defined as criminal offences in law, but they are not defined as Hadd offences because they do not carry the Hadd penalty. They are often punishable by a prison term instead.
http://mccoy.lib.siu.edu/jmccall/otherafricas/sharia.html
