this article was published in Neethi Murasu (2009), 60th Jubilee year of Law

Students’ Thamil Mantram, Sri Lanka Law College.

Islamic shariah is not barbaric but perfect?

M.Zacky Ismail.MI.
Third year student,
Faculty of law,
University of Colombo.

Shariah is the complete code of the Islamic law which pertains to the rights and
duties of the Muslim. It regulates the lives of the people. It is comprehensive and includes
from the minority details about eating, drinking, and clothing up to the complete system
of Islamic.

The word Shariah, it literally means “the clear path to follow”. The Islamic
shariah that is derived from four sources. The first source is the glorious Qur’an which is
the last and final revelation of Allah which for revealed for the last and final messenger
prophet Muhammad(pbuh).the glorious Qur’an is the word of Allah and it is also called
as the Furqan;the criteria to judge right from wrong. The glorious Qur’an was revealed by
Allah to Prophet Muhammad (pbuh) through arch angel Gabriel 1400 years ago and was
revealed in his man approximately 23 years. It contains 114 suras or chapters and more
than 6000 Ayath (signs) or verses.

The glorious Qur’an was revealed in Arabic. But many scholars have translated
the glories Qur’an; the word of Allah, in to all most, all major languages of the world.
The word of Allah is highest and first source of the Shariah.

The second source is the Sunnah; means “the way of the Prophet (pbuh) or the
doings of the Prophet (pbuh). According to the shahih hadises; the authentic sayings of
the Prophet (pbuh). The Sunnah; all authentic hadises are supplementary to the
qur’an.they act as a commentary to the Qur’an.it gives explanation to the verses of the
Qur’an. In the Sunnah, the commandments of the Prophet (pbuh) come on top, and then
come his actions. Allah says in the glorious Qur’an in several places including Surah An-
Nisa.

“Obey Allah and obey the messenger, and those charged with authority among you. If
you differ in anything amongst yourselves, refer it to Allah and his messenger...”1

Obey the messenger means obey the Sunnah; the authentic sayings of the Prophet
(pbuh). The Prophet says that “first looks in the Qur’an, then look in my example, in a
scenes and then if you want more details, looks in to next generation, then the next

1
See The Holly Qur’an, English translation of the meanings and commentary, the presidency of Islamic
researches, IFTA, Surah 04. Al Nisa, verse No.59.

1
generation, then the next generation”2. If you want to find more details about the life of
the Prophet (pbuh) how he led. the best peoples who understood this sayings of the
Prophet(pbuh) was companions (shahabas).those who live with Prophet(pbuh), those who
saw the Prophet(pbuh), those who died in the state of Eman (faith).then comes the next
generation that the kin, then comes the next generation that the kin. So, if we want to
understand the hadises, much better, if there are different opinions have to look life style
of the salbus’shaliheen which is three generations. Therefore, Sunnah of the prophet
(pbuh); authentic hadises is the second source of the Shariah.

The third source is the Ijma that is the consensus of opinions or the agreement of
the opinions of the companions (shahabas) of the Prophet (pbuh), followed by the
companions of salbus’shaliheens, and followed by the consensus or opinions of the
salbus’shaliheens and the consensus or opinions of Muslim jurists of the first three
century of Hijrah3. If can not find the answer in the glorious Qur’an or can not find any
opinions in the glorious Qur’an, then look in the sunnah of the Prophet-in authentic
hadises. If do not find it there, then go to the third source that is the Ijma; the consensus
of opinions.

The fourth source is the Qiyas that means “to judge (and come closer), if do not
find and direct indication in the glorious Qur’an or in the Sunnah of the Prophet or in the
Ijma, then can be used own logic to try and find out the answer based on the other verses
of the glorious Qur’an or Hadises of the Prophet or the Ijma, using analogic. If there is no
direct indication about particular things, then should look in to other verses of the
glorious Qur’an and Hadises of the Prophet or the Ijma and try and find a relevant answer
by using analogic.this can be used in Islamic state where proper Islamic Shariah scholars.
Thus basically, there are four sources for the Shariah:

1. Highest authority is the glorious Qur’an, the word of Allah.

2. Sunnah of the Prophet, authentic Hadises.
3. Ijma; the consensus of opinions.
4. Qiyas, using analogic.

The Islamic shariah is a complete code of conducts. It gives a person complete

way of life, how life should be led. But unfortunately we find in the media and many
critics for the Islam “the present Shariah is barbaric. Most of the allegation regarding
Shariah revolve around two aspects; punishment in Islam and second is the women in
Islam that they are subjugated. These two are the main factors, the critics of Islam.

The first as the mentioned, the most of the western writer’s critic about Islam and
they attack because of the way of punishment that in Islamic law the punishment is
2
See Sahih Al-Muslim, Vol.04, the book of shahabah, chap.52.hadise No.210.
3
Hijrah, literally it means ‘Migration’. this term is used for (i) the migration of Muslims from an enemy
land to a secure place for religious causes, (ii) the first Muslims migration from Makkah to Abyssinia
(Ethiopia) and later to Al-Madinah, (iii) the Prophet’s migration journey from Makkah to Al-Madinah, and
(iv) the Islamic calendar year which started from the Prophet’s migration journey from Makkah to Al-
Madinah.

2
barbaric. Islam is complete way of life and compare to other way of life. Most of the
other religions if we analyze these are good things including Islam. For example, all the
major religions of the world that tell us “should not rob”. Hinduism says “should not
rob”. Christianity says “should not rob”, Islam says “should not rob”. But the word is
different between Islam and other religions in telling way of life is that Islam besides
speaking good things its chose a way how to achieve that take of goodness.

In Islamic Shariah, we had third pillar of the Islam as Zakat4 that is, every rich
persons who are the saving of more than nisab level (85grames of gold), he or she should
give 2.5 per cent of that saving every lunar year charity. If every rich human being gives
charity poverty will be eradicated from the world. There will be not single human being
who dies of hunger. Allah says in the glorious Qur’an that;

“Belongs to Allah, - to his messenger, and to kindred and ophans, the needy and the way
farer; in order that it may not make a circuit between the wealthy among you”.5

So, obligating charity is the part of Islamic sharaih.all those who are rich ,saving
more than 85 grams of gold, should give 2.5 per cent of the saving every lunar year
charity. After that Allah says that should not rob. If suppose some one rob, Allah says in
the glorious Qur’an;

“As to the thief, male or female, cut off his or her hands: a retribution for their deed and
exemplary punishment from Allah, and Allah is exalted in power, full of wisdom”.6

Many peoples listened and asking that chopping off the hand in this age of
modern science and technology? Thus the Islamic sharia is barbaric. It is ruthless faith.
And many peoples think and imagine that is if they go to Saudi Arabia where the Islamic
law has practiced every second person the come across, they will see, the hand has been
chopped off. But in Saudi Arabia, we do not have come across single human being whose
hand has been chopped off. There may be few, whose hand has been chopped off. The
law has so stricken that the person will think ten times before commit in the crime.
Islamic Shariah such gives advise that do not rob. But every human being will not follow
this advice. Those where faith in Allah may follow, every one will not. So what solution
do we have for that? The great solution is if they do not follow the commandments of
Allah, they have to be punished.

Today America, supposed to be one of the most advance country in the world. It
has one of the highest rates of theft and robbery in the world. Would ask simple question
that if implement Islamic shariah in America, every rich person who are the saving of

4
A certain fixed proportion of the wealth and of each and every kind of property liable to Zakat of a
Muslim to be paid yearly for the benefit of the poor in the Muslim community. The payment of Zakat is
obligatory as it is one of the five pillars of Islam. Zakat is the major economic means for establishing social
justice and leading the Muslim society to prosperity and security (see Sahih Al-Bukhary, Vol.02, book of
Zakat, hadise No.24). Sadaqah which is anything given in charity, further more see Sahih Al-
Bukhari,Vol.2,the book of Zakat-al-fitr ,page No.339
5
See Surah 59. Al-Hashr, verse No.07
6
See Surah 05.Al-Maidah,verse No.38

3
more than 85 grams of gold should give 2.5 per cent of that saving in charity every lunar
year and after that if any one robs chop off his or her hand as a punishment. The question
is that the rate of theft and robbery in America will increase? Will remain the same? Will
decrees? Certainly it will decree. It’s a practical law. If we implement the Shariah will
got the results. Therefore the Islamic law is perfect. We introduce laws for results, not
just mentioned in the books.

People may argue, the think, if we implement, then thousands of people robbing
in America.so, do you means to chop off thousands of people? The moment if implement
and implement the law couple of people, all the rest. Allah willing to stop the robbing.
Now they know if they arrested then we can bribe and we want to be got single of
punishment. The moment punishment is severe, a person will think before robbing and
immediately the rates will come down.

Many people failed to realize that the Islamic Shariah is complete, is perfect. That
does not mean poor man robs bread because of his hungrey, his hand should be chopped
off. If a poor man robs because his hungry it’s the duty of the state. The Islamic state to
provide food to him. Why did he have robbed for food? It is the duty of people (Um’mah)
to sequate that the neighbors do not have hungry. But nature, this punishment has its rules
and regulations. The only if laws have particular big amount etc.then it’s implemented.
The question of a person robbing food should not arise in Islamic state. That is the
reason, the lease state of robbery in any part of the world it’s a Saudi Arabia where the
Shariah has been practiced.

This for the example of the punishment and the logic behind this punishment.
Thus people who worrying that hand will be chopped off. The moment if implement the
law, the punishment need not be implemented. It may be implemented once in the blue
moon.

There the point, which may top faults in Islam. Mainly are about women rights in
Islam. This article will not permit to talk about whole the allegation regarding women
rights in Islam. In short these critics, they say that the women in Islam they are
subjugated; they do not have their rights, they are unequal. In Islam, the men and the
women are equal. But equality does not mean identically. They equal but they are not
identical. Allah is our creator has mad the men and the women biologically different,
physiologically different, psychologically different. So depending upon biological make
up, physiological make up, psychological make up.

Allah has given different rolls for the men and the women of many aspects. If we
analyze men and women in the equal, in some aspects women have a degree of
advantage; in some aspects men have a degree of advantage. But whole, they are equal.
For an example, which is in examination two students, student ‘A’ and student ‘B’ both
come on first. If we analyze the answer sheet that there ten question each carrying ten
marks. In answer to question No.01 student A gets eight out of ten and student B gets
sign out of ten. So in answer to question No.01 student A has degree of advantage over
student B’.in answer to question No.02 student B gets eight out of ten and student A gets

4
sign out of ten. So in answer to question No.02 student B has degree of advantage over
student A. and all the remaining eight answers both gets eight out of ten. So if we adopt
both get seventy two out of hundred, all are equal. But in answer to the question No.01
and No.02 both they have a degree of advantage one to another vise versa.

Similarly, the men and the women in Islam over the entire equal. In some aspects
the women have a degree of advantage; in some aspects the men have a degree of
advantage. Beloved Prophet (pbuh) it’s mentioned;

“Once a person approaches the Prophet and asked him who deserves the maximum level
love and companionship in the world? Prophet says” your mother”. The man asked “after
that too?” The Prophet repeated “your mother”. The man asked “after that too?” The
Prophet again repeated “your mother”. The man asked “after that too?” then the Prophet
said “your father”.7

That means 75 per cent (3/4) of the love in companionship of the children go to
the mother.25 per cent (1/4) go to father. In short, mother gets gold medal, she gets silver
medal as well as the bronze medal. Father has to be satisfied with mere conciliation price.
So these aspects the women have a degree of advantage.because, our mother, they bore
us in the womb for ninth months and Prophet (pbuh) says; even if we give amount of
gold for what troubles they are taking for nine month, we have not compensated. Because
of that the great cost of companionship of the children, the mother has the degree of
advantage.

On the other hand, the nature is, Allah says in the glorious Qur’an;

“Men are the protectors and maintainers of women, because Allah has given the one
more (strength) than the other, and because they support them from their means.
Therefore the righteous women are devoutly obedient, and guard in (the husband’s)
absence what Allah would have them guard”.8

So, In nature it is our duty to support and protect the women. Here is strength the
men have a degree of advantage. Many other aspects the men and the women are the
same. In short, this falls just short reply for the allegation of the critics of the Islam that
the Islamic shariah is barbaric as compare to the women rights in Islam.

Peoples object and the different opinions; how should the law be? And one of the
common objections is the women; they are subjugated because of the Islamic hijab.they
say; Islamic Hijab it’s for a model that’s all. Its not for modesty, it is for subjugating the
women. Today in the world, if we look around us, the level of modesty its keeps on
differing for individual to individual depending upon the surrounding and the society. In
certain Muslim countries even looking at women, even steering women, it is considered
immodest. Here in Sri Lanka we can look at women, we can talk her, the women but if
we touch a women its immodest.therefore, Sri Lankan short of greeting is with falling

7
See Sahih Al-Bukhari, Vol.08, the book of suhbah, Chap.02.Hadise no.02.
8
See Surah 04.An-Nisa, verse No.34, and further verse No.35 of the surah.

5
hands. As long as if do not touch the women in Sri Lanka it is considered modest. If go to
certain western countries shaking hands men and women, men and ladies, it is modest.
We can shake hand; can talk to her, no problem. In fact, if lady puts hand forward or if
gent puts hand forward and the opposition does not shake hands it’s considered that they
are uneducated or uncultured. So there shaking hands is within the modesty level. In
some western countries, man can kiss the women, kiss the lady on the cheek, on the lip,
no problem, it is modest. In some western countries we can do what we want. The men
and the women can do what they want as long as they do with permission of each other.
It is considered as modest. So, the level of modesty keeps on changing. Now, how will
we, human beings decide which the best is? Which is the modest?

In most of the western countries, there a young lady wearing mini skirts or shorts,
she is considered modest. But here that same lady comes or any lady in Sri Lanka
wearing mini skirts will be considering immodest. So who’s to decide? What is modest?
What is immodest?

The best want to decide our creator, is all mighty Allah. Let’s now analyze what
is mentioned in Islamic shariah. Would like to tell them who align the allegation that
Islam subjugated women because of Hijab9. If go back to the history at the time of
Babylonian civilization, they ill treat the women, if a man committed the murder instead
of he gets in the punishment, his wife put to death. In the Greek civilization, they had a
concept of an imaginary woman called ‘Pandora’ who was the root cause of misfortune
of human beings. In the Rome civilization, nudity was very common; prostitution and
propagation were very common. When Roman civilization was at the zenith of its
‘glory’, a man even had the right to take the life of the wife. In the Egyptian civilization,
the women considered as the sign of the devil. And in the Arab civilization before the
glorious Qur’an was revealed, very often when the female child was born, she was put to
death, she was buried alive.

Islam is the first religion and the prophet Muhammad (pbuh) is the major
benefactors who are blessed the women. After Islam gave rights to the women, it’s also
sought them away how to maintain the modest, how to maintain the rights, how to
maintain the position. That’s the reason Hijab has been prescribed. Peoples normally talk
about the Hijab of the women. But Allah, all mighty in the glorious Qur’an first speaks
about Hijab for the men and then for the women. Allah says in the glorious Qur’an;

“Say to the believing men that they should lower their gaze and guard their modesty: that
will make for greater purity for them: and Allah has well acquainted with all that they
do”.10

Whenever man look at the women any break in thoughts comes in the mind, he
should lower his gaze. Any alluring thought comes in the mind, he should lower gaze. It
9
General rule for Hijab means “a long dress prescribed for Muslim women to cover their whole body from
head to feet except the face and hands up to the wrists”. Some scholars’ say that Hijab should be covered
whole body, while according to those who are well known jurists in Islamic shariah, Abu’Hanifa and Mujni
say that there may be appeared the feet too.
10
See Surah 24.An-Nur, verse No.30

6
means that if you unintentionally look at the women, do not intentionally look at her
again to feast on her beauty.

The next verse speaks about the Hijab for the women that is;

“And say to the believing women that they should lower their gaze and guard their
modesty; that they should not display their beauty and ornaments except what (ordinarily)
appear thereof: that they should draw their veils over their bosoms and not display their
beauty except to…”11

There are basically six criteria for the Hijab which is mentioned in the glorious Qur’an
and the authentic hadises;

1. The extent; for the men its navel to knee. For the women, complete body should
be covered; the only parts that can be seen are the face and hands up to the wrists.
There are many scholars say that these should be too covered.

The remaining criteria are the same for the men and the women.

2. The close the way; it should be loosed and should not reveal the figures.
3. It should not be transparent such that can see through them.
4. It should not be so glamorous as that deprive or attack opposite sex.
5. It should not resemble that of the opposite sex.
6. It should not resembeled and be a sign of the unbelievers.i.e.they should not wear
clothes that are specifically identities or symbols of the unbelievers’ religions.

And Allah says in the glorious Qur’an;

“O prophet! Tell your wives and your daughters and the believing women, that they
should cast their outer garments over their persons (when out of doors): that is most
convenient, that they should be known (as such) and not molested”.12

The glorious Qur’an says; Hijab has been prescribed for the women, so that it will
prevent them from him molested.

Suppose there are twin sisters who are very, very beautiful and they walking
down on the street. One in twin sisters, she is wearing Islamic hijab come to body
covered except the face and hands up to the wrists. Other in twain sister, she is going in
the western dress, a mini skirt or shorts. And just around the corner of the way, there is
ruffian who is waiting for teasing a girl. Which girl will he tease? Will he tease a girl
wearing Islamic hijab? Or will he tease a girl wearing western dress? But nature, he will
tease a girl wearing western jeans and skirts. So the glorious Qur’an rightly says that
hijab has been prescribed for the women from being molested.

11
See Surah 24.An-Nur, verse No.31
12
See Surah 33.Al-Ahzab,verse No.59

7
 After that, if any man raps any women the Islamic shariah says; he gets stably
punishment13. Peoples say that it is barbaric and ruthless way of life. In America14, if you
implement the Shariah that is, any man looks at the women any break thoughts come in
the mind, he should lower his gaze. And after that, the women there is wearied Islamic
hijab, come full body covered except the face and hands up to the wrists. And after that,
if any man raps a woman, he gets death penalty or he gets stably punishment. The rate of
raps in America will increase? Will remain same? Or will decrees? The answer certainly
that will decrees. That’s the reason, we say; Islam chose a way how to our society in
which the people will not rap and molest. The lease state of rap in any country in the
world is a Saudi Arabia where the Islamic shariah has been practiced.

On the other hand, many critics are being circulated by most of the women
organizations who are being on actions for the well interest of the women about why is
the polygamy allowed in Islam? And they are subjugated by like these uncultured
measures. Actually, the polygamy means that “a person who have more than one spouse”.
It is divided in to catogaries; polygene in which a man have more than one wife. Other
one is polyandry in which women have got more than one husband. People normally treat
polygamy means generally, a man have more than one wife. But polygamy means both
having more than one spouse. Since the question is, why is the polygene allowed in
Islam?

The glorious Qur’an has to be in the face of the earth says “marry only one”.
There is no religious book on the face of the earth which says marry only one. If we read
all religious scripture no one is mentioned “marry only one”. In earlier time, Christian
men were permitted as many wives as they wished, since the bible puts no restriction on
the number of wives. It was only few years ago that the church restricted the number of
wives to one. Polygene is permitted in Judaism. According to the Talmudic law, the
practice of polygene continued till Rabbi Gershom ben Yehudah (960 C.E to 1030 C.E)
issued an edict against it. The Jewish Sephardic community living in Muslim countries
continued the practice till as late as 1950, until Act of the chief Rabbinate of Israel
extended the ban on marrying more than one wife. It’s only mentioned in the glorious
Qur’an;

“…marry women of your choice. Two, or three, or four; but if ye fear that ye shall
be, able to deal justly (with them), then only one, or that which your right hand possess.
That will be more suitable, to prevent you from doing injustice”15.

13
According to the American FBI statistic, in the year 1990 those people who were convicted for rap cases
after they go, more than ninety five per cents of them again commit rap. That’s the case, there are put in to
death on first time.
14
Ibidem, There were 1, 02555 cases of rap reported in the year 1990alone. The report said only sixteen per
cents the rap cases were reported. So, 6, 04968 raps that took place in 1990,in USA alone. Average of a day
1756 raps that took place in America according to the FBI in year 1990.Another report of Juror department
of justice, in which said in the year 1996, every day on an average 2713 rap has been took place. That’s
means every 32 seconds one rap took place in America in 1996.
15
See Surah An-Nisah 04.Verse No.03.

8
 The statements “marry only one” is given in the glorious Qur’an than any other
religious books. In pre Islamic Arabia man had several wives. Some people had hundreds
of wives. Islam put on upper limit polygamy and maximum four. If any one else can have
more than one wife only one condition that equal justice between two, or three, or four.
Otherwise only one. And the glorious Qur’an says that it is very difficult for man to be
just between wives16.So the polygene is the exception, not the rule. Many people think
that Islam says it should compulsory marry more than one wife. There are five categories
of do’s and Don’ts in Islam;

Compulsory or obligatory, this is the first,

Second is, recommended or encouraged,
Third is, the permissible or allowed,
Fourth is, not recommended or discouraged,
And the last is, prohibited or forbidden category.

The polygene falls in the middle categories of permissible. There is no statement in any
hadises or the glorious Qur’an which says that if the man marries more than one wife, he
is the better person than who have got marry one wife.

Let’s analyze logically, why does the Islam allow more than one wife? By nature
male and female are born in equal proportion. But medical science tells that a female
child has got more resistance than the male child. The female child can fight against
germs and disease much stronger and better way than the male child. For this reason,
during the pediatric age itself, there is more death among males as compared to the
females. During wars, there are more men killed as compared to women. For example,
the recent war which was took place in Afghanistan approximately more than 1.5 million
people are massacres out of which most of them are men. More men die due to accidents
and diseases than women. The average life span of females is more than that of males,
and at any given time one finds more widows in the world than widows. Thus we will
have more female in the world as compare to the male17.

If suppose one of sister, happens to be in America and suppose the marked

accreted, every man have found the female partner himself. Still there will be more than
30 million female in USA alone who would not be able to find husband. Suppose the
sister who is living in America happens to be among unfortunate ladies who are not
found the partner yet. The only one option remaining for her is that either marries the
man who already has the wife or she becomes a public property. There is no third option.

There are some people who are smart may say that I will prefer my sister remain
virgin soil. Believe that medical science tells us that the man or woman not remaining
virgin through out the life without indulging or any illiterate sex or sexual perversion.
16
Ibidem, Verse No.129, “ye are never able to do justice between wives even if it is your ardent desire”.
17
In Britain alone, there are 4 million female more than the male, in Germany alone there are 5 million
female more than the male, in Russia alone there are 7 million female more than male, in US alone there
are 7.8 million female more than male. I have given you because more than one million female features are
being aborted every year and because of the higher rate of female infanticides.

9
Because daily sexual hormones are being liberated in the body. These great men who
claim to the renounce the world for example, who go to mountain Himalaya and behind
them, can find their demigod are going, for what? There is no third option. The only
option is that you marry husband who already has the wife or become a public property.
Islam prefers giving women the honorable position by permitting first option and
disallowing second. There are several other reasons, why Islam has permitted limit
polygene, but it is mainly protected the modesty of the women.

Therefore, the Islamic shariah is a perfect law. It is the most practical law which
besides talking good things. All the religions say that should not rob, should not
immodest, and should not rap. But Islam chose your way how to achieve peace. It may on
barbaric on those people who may not know the figure or background or what’s
happening in the world.

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