Key Tenets Of Sharia

The following summarize key tenets that are especially problematic for Western non-Muslims, in alphabetical order. The citations drawn from the Quran, schools of Islam and other recognized sources are offered as illustrative examples.

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Abrogation (al-mansukh wa al-nasikh)
Later Quranic verses supersede earlier ones. Practically, many Meccan verses understood as more moderate are treated as abrogated by later Medinan verses.

“When we cancel a message, or throw it into oblivion, we replace it with one better or one similar. Do you not know that Allah has power over all things?” (Quran 2:106)

Adultery (zina)
Unlawful intercourse is a capital crime in classical Sharia, with penalties including flogging and, for the married offender, stoning.

“Nor come nigh to adultery: for it is a shameful deed and an evil, opening the road to other evils.” (Q 17:32)
“The woman and the man guilty of adultery or fornication, flog each of them with a hundred stripes; let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness the punishment.” (Q 24:2)

“It is not lawful to shed the blood of a Muslim except for one of three sins: a married person committing fornication, and in just retribution for premeditated murder, and [for sin of treason involving] a person renouncing Islam, and thus leaving the community [to join the enemy camp in order to wage war against the faithful].” (Al-Bukhari, Muslim, Abu Dawud, Tirmidhi, and An-Nasa’i)

Apostasy (irtidad / ridda)
The established classical ruling is death for the sane, adult apostate.

“Anyone who, after accepting Faith in Allah, utters Unbelief, except under compulsion, his heart remaining firm in Faith—but such as open their heart to Unbelief—on them is Wrath from Allah, and theirs will be a dreadful Penalty.” (Q 16:106)

“Some atheists were brought to Ali and he burnt them. The news of this event, reached Ibn Abbas who said, ‘If I had been in his place, I would not have burnt them, as Allah’s messenger forbade it, saying, ‘Do not punish anybody with Allah’s punishment (fire).’ I would have killed them according to the statement of Allah’s Messenger, ‘Whoever changed his Islamic religion, then kill him.’” (Bukhari, Volume 9, #17)

“Leaving Islam is the ugliest form of unbelief (kufr) and the worst…When a person who has reached puberty and is sane voluntarily apostasizes from Islam, he deserves to be killed…There is no indemnity for killing an apostate…” (‘Umdat al-Salik, Reliance of the Traveler, Chapter o8.0-o8.4)

Democracy & Islam
Man-made law is deemed illicit when it conflicts with divine law; sovereignty belongs to God, and Sharia is the binding norm not subject to amendment. Western-style constitutional democracy is therefore treated as incompatible where it elevates human legislation over divine command.

“And if any fail to judge by the light of what Allah has revealed, they are no better than unbelievers.” (Q 5:47)

“Sovereignty in Islam is the prerogative of Almighty Allah alone. He is the absolute arbiter of values and it is His will that determines good and evil, right and wrong.” (Mohammed Hashim Kamali, Principles of Islamic Jurisprudence, 3d rev. ed., The Islamic Text Society, 2003, p. 8.)

“The shariah cannot be amended to conform to changing human values and standards. Rather, it is the absolute norm to which all human values and conduct must conform.” (Yousef al-Qaradawi)

Female Genital Mutilation
Classical manuals list circumcision as obligatory for both sexes, which is cited by proponents as a legal basis.

“Circumcision is obligatory….for both men and women.” (‘Umdat al-Salik, e4.3)

Gender Inequality
Sharia assigns different legal statuses and roles to men and women:

• Testimony

“And get two witnesses, not of your own men, and if there are not two men, then a man and two women, such as ye choose for witnesses.” (Q 2:282)

• Inheritance

“Allah thus directs you as regards your children’s inheritance: to the male, a portion equal to that of two females….” (Q 4:11)

Husband’s disciplinary authority
Sharia grants husbands disciplinary authority over wives, with corporal punishment as a last step.

“As to those women on whose part ye fear disloyalty and ill conduct, admonish them first, next refuse to share their beds, and last, beat them.” (Q 4:34)

Marital sexual access
Sexual access is framed as a husband’s right within marriage.

“Your wives are as a tilth unto you, so approach your tilth when or how ye will….” (Q 2:223)

Polygamy and concubinage
Men may marry up to four wives and keep concubines (“those whom your right hands possess”).

“…Marry women of your choice, two, or three, or four; but if ye fear that ye shall not be able to deal justly with them, then only one, or a captive that your right hands possess…” (Q 4:3)

Interfaith marriage (women)
Muslim women may marry only Muslim men; marriage to non-Muslims is forbidden.

“And give not (your daughters) in marriage to Al-Mushrikun [non-Muslims] till they believe in Allah alone and verily a believing slave is better than a (free) Mushrik, even though he pleases you….” (Q 2:221)

Guardianship & travel
A woman needs her husband’s or unmarriageable male kin’s permission/escort to travel, except for obligatory duties like the hajj.

“A woman may not leave the city without her husband or a member of her unmarriageable kin….accompanying her, unless the journey is obligatory, like the hajj. It is unlawful for her to travel otherwise, and unlawful for her husband to allow her.” (‘Umdat al-Salik, m10.3)

Rape accusation standard
In classical jurisprudence, proving rape has required four male Muslim witnesses; without them, a woman’s accusation can be treated as a confession of illicit sex, potentially adultery if married.

“And those who accuse free women then do not bring four witnesses (to adultery), flog them…” (Q 24:4)

“Why did they not bring four witnesses to prove it? When they have not brought the witnesses, such men, in the sight of Allah, stand forth themselves as liars!” (Q 24:13)

Child custody after remarriage
A mother who remarries loses custody of children from a prior marriage.

“A woman has no right to custody of her child from a previous marriage when she remarries because married life will occupy her with fulfilling the rights of her husband and prevent her from tending the child.” (‘Umdat al-Salik, m13.4)

“Honor” killing (family executions)
Parents and grandparents are exempt from retaliation for killing offspring.

“…not subject to retaliation” is “a father or mother (or their fathers or mothers) for killing their offspring, or offspring’s offspring.” (‘Umdat al-Salik, o1.1-2)

Hudud Punishments
Hadd (plural hudud) are fixed penalties deemed “a right of Allah.” Because they belong to Allah, classical Islamic law does not permit them to be waived or commuted.

“Let not compassion move you in their case, in a matter prescribed by Allah, if you believe in Allah and the Last Day: and let a party of believers witness their punishment.” (Qur’an 24:2)

“On that account, We ordained for the Children of Israel that if any one slew a [Muslim] person—unless it be for murder or for spreading mischief in the land—it would be as if he slew the whole people….The punishment of those who wage war against Allah and his apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land…” (Q 32-33)

§ p0.0. From the Kitab al-kaba’ir (Book of Enormities) of Imam Dhahabi, who defines an enormity as any sin entailing either a threat of punishment in the hereafter explicitly mentioned by the Koran or hadith, a prescribed legal penalty (Hadd), or being accursed by Allah or His messenger (Allah bless him & give him peace). (‘Umdat al-Salik, Book P “Enormities,” at § p0.0)

“Shariah stipulates these punishments and methods of execution such as amputation, crucifixion, flogging, and stoning, for offenses such as adultery, homosexuality, killing without right, theft, and ‘spreading mischief in the land’ because these punishments were mandated by the Qur’an or Sunnah.” (Islamic Hudood Laws in Pakistan, Edn 1996, 5.)

Islamic Supremacism
Belief that Islam is superior to all other cultures, faiths, governments, and societies—and is ordained by Allah to conquer and dominate them.

“And whoever desires a religion other than Islam, it shall not be accepted from him, and in the hereafter he shall be one of the losers.” (Q 3:85)

“Ye are the best of Peoples, evolved for mankind.” (Q 3:110)

Non-Muslims are “the most vile of created beings” (Q 98:6)

Be “merciful to one another, but ruthless to the unbelievers” (Q 48:29)

“It is the nature of Islam to dominate, not to be dominated, to impose its law on all nations and to extend its power to the entire planet.” (Hassan al-Banna, founder of the Muslim Brotherhood)

“Islam isn’t in America to be equal to any other faith, but to become dominant. The Koran should be the highest authority in America, and Islam the only accepted religion on Earth.” (Omar Ahmad, Council on American-Islamic Relations co-founder/Board Chairman, 1998)

Jew Hatred
Antisemitism presented as intrinsic to Sharia, reflected in scriptural passages and the Prophet’s treatment of Jewish tribes in Arabia.

“And certainly you have known those among you who exceeded the limits of the Sabbath, as we said to them: Be as apes, despised and hated.” (Q 2:65)

“And you will most certainly find them [the Jews] the greediest of men for life, greedier than even those who are polytheists…” (Q 2:96)

“O you who believe! Do not take the Jews and the Christians for friends; for they are friends but of each other; and whoever amongst you takes them for a friend, then surely he is one of them; surely Allah does not guide the unjust people.” (Q 5:51)

“Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and his apostle, nor acknowledge the religion of truth, even if they be of the People of the Book [Christians and Jews], until they pay the jizya with willing submission and feel themselves subdued.” (Q 9:29)

Jihad
Defined as warfare to spread Islam.

“Fight and kill the disbelievers wherever you find them, and seize them, beleaguer them and lie in wait for them in every stratagem of war…” (Q 9:5)

“Fight those who believe not in Allah nor the Last Day, not hold that forbidden by Allah and His Messenger, nor acknowledge the Religion of Truth, from among the People of the Book, until they pay the jizya with willing submission and feel themselves subdued.” (Q 9:29)

“So fight them until there is no more fitna and all submit to the religion of Allah alone.” (Q 8:39)

“I have been commanded to fight people until they testify that there is no god but Allah and that Mohammed is the Messenger of Allah, and perform the prayer, and pay the zakat. If they say it, they have saved their blood and possessions from me, except for the rights of Islam over them. And their final reckoning is with Allah” (Sahih Bukhari and Sahih Muslim – agreed upon – as cited in ‘Umdat al-Salik o9.1 Jihad)

“Jihad means to wage war against non-Muslims and is etymologically derived from the word mujahada, signifying warfare to establish the religion.” (‘Umdat al-Salik, o9.0, Jihad)

“Islam makes it incumbent on all adult males, provided they are not disabled or incapacitated, to prepare themselves for the conquest of [other] countries so that the writ of Islam is obeyed in every country in the world. But those who study Islamic Holy War will understand why Islam wants to conquer the whole world….Those who know nothing of Islam pretend that Islam counsels against war. Those [who say this] are witless. Islam says: Kill all the unbelievers just as they would kill you all!

“Does this mean that Muslims should sit back until they are devoured by [the unbelievers]? Islam says: Kill them [the non-Muslims], put them to the sword and scatter [their armies]. Does this mean sitting back until [non-Muslims] overcome us? Islam says: Kill in the service of Allah those who may want to kill you! Does this mean that we should surrender [to the enemy]? Islam says: Whatever good there is exists thanks to the sword and in the shadow of the sword! People cannot be made obedient except with the sword! The sword is the key to Paradise, which can be opened only for the Holy Warriors! There are hundreds of other [Qur’anic] psalms and Hadiths [sayings of the Prophet] urging Muslims to value war and to fight. Does all this mean that Islam is a religion that prevents men from waging war? I spit upon those foolish souls who make such a claim.” (Ayatollah Khomeini as quoted by Amir Taheri.70)

Lying / Taqiyya
Permissible to dissemble—especially to non-Muslims—when personal safety or protection of Islam is at stake; also allowed for “peacemaking.”

“Let not the believers take the disbelievers as friends instead of the believers, and whoever does that, will never be helped by Allah in any way, unless you indeed fear a danger from them. And Allah warns you against Himself, and to Allah is the final return.” (Q 3:28)

“‘Unless you indeed fear a danger from them’ meaning, except those believers who in some areas or times fear for their safety from the disbelievers. In this case, such believers are allowed to show friendship to the disbelievers outwardly, but never inwardly.…‘We smile in the face of some people although our hearts curse them.’” (Tafsir Ibn Kathir, Vol 2, 141)
“Mohammed said, ‘War is deceit.’” (Bukhari vol.4:267 and 269)

“He who makes peace between the people by inventing good information or saying good things, is not a liar.” (Bukhari vol.3:857 p.533)

Slander / Blasphemy
“Slander” extends to speech that offends; the standard prioritizes protecting a Muslim from harm or disobedience prompted by disclosure.

“…The reality of tale-bearing lies in divulging a secret, in revealing something confidential whose disclosure is resented. A person should not speak of anything he notices about people besides that which benefits a Muslim to relate or prevent disobedience.” (‘Umdat al-Salik, r3.1)

Underage Marriage
Doctrine permits marriage contracts for pre-pubescent girls; consummation may occur at eight or nine. Waiting-period rules (ʿiddah) are cited to justify legitimacy after consummation.

“And those of your women as have passed the age of monthly courses [periods], for them the ‘Iddah … is three months, and for those who have no courses [(i.e. they are still immature) their ‘Iddah … is three months likewise, except in case of death]….” (Q 65:4)

“Aisha narrated: that the Prophet married her when she was six years old and he consummated his marriage when she was nine years old, and then she remained with him for nine years (i.e., till his death).” (Sahih al-Bukhari, vol. 7, Book 62, No. 64; see also Nos. 65 and 88)

“They may not have menstruated as yet either because of young age… In any case, the waiting-period of such a woman is the same as of the woman who has stopped menstruation, that is, three months from the time divorce was pronounced.”

“Here, one should bear in mind the fact that… the question of the waiting period arises in respect of the women with whom marriage may have been consummated… Therefore, making mention of the waiting-period for girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl at this age but it is permissible for the husband to consummate marriage with her…. Now, obviously no Muslim has the right to forbid a thing which the Qur’an has held as permissible.” (Syed Abu-Ala’ Maududi, Towards Understanding the Qur’an, vol. 5, p. 620, n.13)

Zakat
A mandatory alms tax (one of the Five Pillars). Classical rules specify eligible recipient classes and restrict distribution to Muslims; one category is those “fighting for Allah.”

“Zakat is for the poor and the needy, and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to Truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah, and Allah is full of knowledge and wisdom.” (Q 9:60)

“Of their goods take alms so that thou mightiest purify and sanctify them….” (Q 9:103)

“Zakat is obligatory: (a) for every free Muslim and (b) who has possessed a zakat-payable amount [the minimum that necessitates zakat].” (‘Umdat al-Salik, h1.1)

(Eligible categories:) “The poor; Those short of money; Zakat workers… Those whose hearts are to be reconciled; Those purchasing their freedom; Those in debt; Those fighting for Allah (Jihad); Travelers needing money.” (‘Umdat al-Salik, h8.7–h8.18)

“It is not permissible to give Zakat to a non-Muslim…” (‘Umdat al-Salik, h8.24)

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