Shariah

Sharia (, Arabic: شريعة‎ [ʃaˈriːʕah]), Islamic law, or redundantly Sharia law, is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations.

206652

Zina . Sayyid . Repentance (Tawbah) . Marriage . Shariah

If a Sayyeda girl commits Zina with a non-Syed boy and repents, can they marry later? Are Sayyeds considered superior in Islam or do they have different Sharia laws?

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 3 months ago

Bismihi ta'āla

Yes, she can marry. Why should she not be able to marry. She did haram, and repented. None of this has anything to do with her being a Seyyidah, and we all know that Islam does not give superiority to any race or group of people or person. The only person that is better than others is he/she with better piety.

And Allah knows best

206599

Wife . Court . Shariah . Law . Takfir . Shirk

My wife asked for my opinion on courts that don't follow Sharia law. I don't believe in man-made courts, but we live in a country without Sharia. She called me a Kafir and accused me of Shirk before leaving. What should I do in this situation?

Bismihi ta'āla

Whatever your view may be about man-made laws and courts, it has nothing to do with shirk and kufr. It seems the issue your wife has with you is not about courts. What you should is try to mend the relationship, if you can, and avoid having these kind of arguments.

And Allah knows best

183745

Muslims . Wealth . Shariah . Inheritance

Are Muslims allowed to create a civil will wherein they can distribute their wealth as per their own preferences, rather than complying with the Islamic Sharia will mentioned in the Holy Quran?

Sayyed Muhammad Husaini Ragheb, Sayyed Muhammad Husaini Ragheb has a BA in Law from Guilan University, Iran and has also undertaken Hawzah studies in Qom. He used to be a Cultural Affairs director of Ethics Group of Al-Mustafa... Answered 1 year ago

Assalamu Alaikum wa Rahmatullah

A person can only have a will(written or spoken) up to 1/3 of their wealth and if it goes beyond this limit, the legitimacy or efficiency of this will is dependent on the permission of the rest of the heirs, for example if one decides that all his house which is worth $1m be for one of the heirs, this will is only accepted up to $333,333 and the rest will be given to him unless the other heirs accept the will. Otherwise this person will have 1/3 of the house as a result of the deceased will and will also have a share in the 2/3 of the remaining according to inheritance rules.

177597

Husband . Murder . Wife . Shariah . Adultery

Is it true that a husband is lawfully allowed to murder his wife, according to Shariah, if she is caught commiting adultery or is an adulteress in general?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 1 year ago

No. Husband is not allowed to murder his wife but he can report his authentic evidence to the Islamic authority (Haakim Al- Sharee'ah).

Wassalam.

148615

Employment . Mahram . Shariah . Psychologist

Can one work as a forensic psychologist if it involves regular interaction with non-Mahrams, engagement with criminals, and dealing with non-Muslim legal systems that don't adhere to Sharia law?

Working in Forensic psychology is allowed like any other job. You must avoid sinful acts all the way and never ignore the Islamic rules under any circumstance.

Wassalam.

140433

Shariah . Intoxicants

Does the Sharia say anything about drug trafficking?

Drug trafficking is a major sin.

Wassalam.

123246

Shariah . Law . Marriage

In Shariah law, is it permissible to have an Islamic marriage and then have the civil marriage several years later due to distance and citizenship restrictions?

Yes it is permissible to delay legal registration of marriage for legal requirements although real marriage is the Islamic marriage and all the rights and duties start from the Islamic marriage.

Civil marriage after Islamic marriage has no value as far as Islamic rules are concerned. It just confirms the marriage in front of the government offices.

Wassalam.

100434

Depression . Marriage . Polygamy . Shariah . Jealousy

I understand that Islam allows a man to marry multiple wives within the rules of Sharia. However, what is the wisdom in such marriages as it relates to the first wife who often undergoes jealousy and depression?

Zoheir Ali Esmail, Shaykh Zoheir Ali Esmail has a Bsc in Accounting and Finance from the LSE in London, and an MA in Islamic Studies from Middlesex University. He studied Arabic at Damascus University and holds a PhD... Answered 4 years ago

Bismillah

Thank you for your question. In our scriptural sources women are not encouraged to have these feelings as they are considered a blameworthy type of ghirah (when you want something only for yourself). They are feelings that are not validated. Similar to the feelings of jealousy and depression when someone doesn't want anyone to do better than them, it is not upon people to not do better than that person, but upon the person to control and work on themselves. As to the wisdom of allowing polygyny there is much wisdom, such that the feelings of the first wife in some cases is not enough of a reason to make it impermissible. Rather, the first wife has to control these tendencies and get used to the idea in the knowledge that this is something that God has allowed. At times, if polygyny is done with wisdom it can improve the situation of the first wife and the relationship between her and her husband.

These feelings are also enhanced by expectations and cultures, which are again not factors that influence permissibility as it is upon Muslims and Muslim society to create expectations and cultures in line with what is permissible and impermissible.

May you always be successful

94398

Shariah . Law . Government

Is it mandatory to govern a nation with Shariah law? If so, would that not make it impermissible to hold government positions in countries with secular law?

Sharia law is for Muslims who believe and obey Allah and not for non Muslims.

When Muslims want to implement the Islamic law which is known as Sharia law, it is their decision and no one can object on them as we don't object on people who opt to follow their own way of legislation in any part of the world. It is part of the basic rights to believe in your own faith and implement it.

Holding a government position in secular countries is permissible for Muslims as far as they don't indulge in injustice or sinful acts.

'Wassalam.

87445

Muslims . Punishment . Shariah

As Muslims who live in non-Muslim countries, what is our obligation towards upholding the laws of the Sharia? For instance, is a Muslim obligated to uphold certain punishments prescribed in the Sharia?

Muslims living or visiting non Muslim countries are required to respect the law of the land as well as follow the day to day Islamic rules. Punishments described in Sharia on certain crimes are not the responsibility of individual Muslims, but it is the responsibility of the Muslim ruler who implements real Islamic teachings and provides justice for all people in the society. After providing justice for all, then the matter of punishment comes, and that is the responsibility of the government which provides justice for all.
In today's circumstances where there is no real Islamic justice for all, there is no question of implementing Sharia punishment in non Muslim countries.

Wassalam.

66134

Shariah . Investment

Is online trading allowed? Can you please explain about the stock market and how to invest in it according to the Shariah?

Online trading is like face to face trading. It is allowed if the material is allowed and vice versa. Stock market trading depends on the activities of the company of the shares. If the company deals with non Halal ( forbidden) business like interest, alcohol, etc, then buying or dealing with shares of such company is not allowed. If the company deals with permissible activities, then dealing with its shares will be permissible.

Wassalam.

63596

Punishment . Shariah . Theft

Is the cutting of hands as punishment for stealing really a part of the Shariah? If yes, is it not counter productive since the one who has stolen will never be able to reform and get back on track in life?

Financial security is one of the most important concerns of human beings every where and every time. Theft is a real danger which endangers human beings wealth and property. Human societies over the history till now, tried many ways to tackle and counter theft and robbery but no real success was achieved. Till today millions of innocent people suffer from those who steal their money in different ways. Those who steal do that because they do not fear real punishment, hence they steal whenever they find a chance.

Islam deals with this burning issue with inner treatment as well as outer action.

1. Inner treatment: is to warn that theft is a major sin and it leads the thief to hellfire. This will make good Muslims away from this sinful act.

2. Outer action: Those who do not care for religious teaching and insist on committing theft, must be punished in public to show them and others the miserable results of this crime and to protect people from similar crimes.

Cutting the hand of the thief has conditions which insure that he deserves this type of punishment for the security of the people and society. Thief who was instigated by hunger is excluded from such punishment.

Cutting the hand of the thief (with all the conditions) does not mean cutting more than the fingers of one hand only. He will still be able to work and earn in lawful way.

Allah , The Most Merciful, Has ordained this punishment on the dangerous thief to provide the people financial security. It is a fact hat no other punishment could work all over the history to stop theft crime like this punishment. Where ever this punishment was applied in proper way with all its conditions, people enjoyed security on their wealth and property. Theft crime rates dropped to near zero in Muslim societies after proper implementation of the rules of Allah (SWT) which provide peace and justice to all and prevent evil doers to violate he rights of others.

Allah (SWT) says in Sura Al-Baqara, Verse 179 : AND THERE IS REAL LIFE FOR YOU IN APPLYING THE PROPER PUNISHMENT, O PEOPLE OF INTELLECT, SO THAT YOU BECOME PIOUS).

After all, we believe that the Mercy and Wisdom of Allah is the best in all situations and for all human beings. Punishing one thief who deserves punishment is the real justice because it provides security to millions and saves their basic rights on their wealth and property.

Those millions of victims who suffer from theft, they suffer because of the failure of the non Muslim legal system to stop or counter the crime, and they pay for that failure of the system to protect them. Quran is very clear that proper life will be achieved by applying proper punishment, which means that with out applying the proper punishments, there will be no real life of security, peace and justice.

Wassalam.