This article is the first of an ongoing series that will examine what shari’ah is, how the media often get it wrong, and how it’s being used to create fear of Islam and Muslims and to justify continued military defense of “American values.”
by Hussein Rashid
Every time I hear someone on TV mention “shari’ah,” I think of the movie The Princess Bride and the line “I do not think it means what you think it means.” I am amused that shari’ah has come to mean “law” as a canonical system for how Muslims are to behave and act. Weak states use the term shari’ah in lieu of “law,” un-inquisitive press use the term the same way, and Muslims ignorant of their own history adopt that understanding, reinforcing the cycle.
Shari’ah literally means a way or a path, usually to a watering hole. Traditionally, it is meant to guide Muslims as to how they should fulfill their religious obligations. The vast majority of criminal and civil issues were handled by state authorities through a systemized code of law. This legal system was called qanun, from the Greek word kanon. With the rise of the modern nation-state, states seeking to be authentically “Islamic” adopted a wide variety of laws and dubbed them shari’ah, even though in the classical system they would be qanun.
Whereas qanun is fixed and relatively static, as it is used for running a state, shari’ah is dynamic. The sources of shari’ah are the Qur’an, the scripture of Muslims, and the hadith, sayings and actions of Prophet Muhammad. Less than 10% of the Qur’an is what we would term legalistic, and the hadith genre is highly contested in terms of interpretation. The legal opinions that form the corpus of shari’ah are meant to be constantly negotiated based on time and place.
There is a consensus on certain aspects of what shari’ah is, such as punishments for murder. The most severe punishments, over which there is such a consensus, are collectively known as hudud, or “limits.” Again, however, many of the punishments are theoretical, and have only been revived in the modern period as a quest for “Islamic” authenticity. It would be like looking at Deuteronomy 21:18-21, which calls for the stoning of disobedient sons, and saying that we should fear Jews because their laws are barbaric. We understand that religious communities are in constant change as tradition and modernity interact.
Unfortunately, Muslims are not allowed this common sense courtesy. Instead, we look at Muslims as a static unchanging community, pulling verses from the Qur’an, or historical documents, and applying a meaning to them that Muslims themselves do not have. Muslims, and Muslim nation-states, have undoubtedly contributed to the confusion around the issue by mixing qanun with religious matters, elevating hudud as the prime part of the law, and calling the witch’s brew shari’ah. Unfortunately, reporter’s do not correct themselves once the problem with equating shari’ah with law is pointed out to them. The result of this misperception hinders any real discussion of the place of Muslims in America, as the scare word of shari’ah is hurled to end any serious conversation.
Hussein Rashid is a native New Yorker and Proud Muslim. Currently an instructor at the Center for Spiritual Inquiry at Park Avenue Christian Church and based at Hofstra University, he is deeply committed to interfaith work and is passionate about teaching. He believes we need to start talking more intelligently about Islam specifically, and religion generally.

13 comments
Tweets that mention The Problem of Equating Shari’ah with Law « The Revealer -- Topsy.com says:
Jul 31, 2010
[...] This post was mentioned on Twitter by therevealer, Ann Neumann. Ann Neumann said: "Creeping Shari'ah," oh my! Hussein Rashid kicks off our new series on Shari'ah in the media: http://therevealer.org/archives/4600 [...]
The Meanings and Uses of Shari’ah « The Revealer says:
Aug 3, 2010
[...] The Problem of Equating Shari’ah with Law, by Hussein Rashid [...]
Ken Evans says:
Aug 4, 2010
The jewish analogy doesn’t work. Israel does not stone diobedient children. However many Islamic states do practice many of the harsh treatments that cause our concern. It’s not the academic understanding we’re concerned about; it’s the observable behavior.
revdrron says:
Aug 4, 2010
Amen Ken Evans… A rose by any name! Or in plain terms, what matters is what something is, not what it is called. Speaking of common courtesy, have you seen the cover of Time Magazine?
amba (Annie Gottlieb) says:
Aug 4, 2010
Agreed. The writer is blaming non-Muslims for this misunderstanding, when radical Islamists (many of whom ironically were influenced, as was Pol Pot, by French philosophy) are at least as much to blame. Moderate, sane Muslims, instead of blaming non-Muslims for the misunderstanding, should make an effort to clarify it both within and outside their community.
Adam H. Becker says:
Aug 5, 2010
Great piece. To be honest, I am amazed that someone can be so clear and precise and then so clearly misunderstood by some readers, but I think the myth of Islamic violence is such a dominant guiding hermeneutic for many people that it is difficult for them to do anything but point out decontextualized events and say, “Yeah, but see! See! Look at those Muslims over there doing this or that!” We rarely hear people quote Deuteronomy in conversations about the Israel/Palestine and the problem of “Jewish violence.”
Gareth Hughes says:
Aug 5, 2010
To the detractors in the comments above: Hussein Rashid does blame modern Muslim states for creating an idea of shari`a as Islamic state law and emphasizing hudud. It’s a politicization of Islamic science that was adopted as a defence against Westenisation, US and European imperialism. We in the West are just playing the game, and doing so with profound (?) ignorance. We should be checking and acknowledging our global antagonism and acknowledging that Islam is how people live and pray, not what some governments say it is.
Phil MacEachron says:
Aug 6, 2010
A more apt comparison might be to Christian Dominionism in America. Even with our tradition of separating Church and State we have an active minority with great influence over the Republican Party who firmly believe that our country should be ruled by religious laws. And just like the Shari’a extremists in Nigeria, Afghanistan & elsewhere Christian Dominionists pick and choose rules that enforce their own power structures and oppress people they see as political threats (I’m not sure exactly where its says that being gay is a bigger problem than killing, for example). One of the best ideas we ever had in this country was to separate law from religion and for some reason these people want to abandon that project, which is still a work in progress.
J Calvin says:
Aug 17, 2010
All ancient religious based texts seem to carry copious references to violence and mans inhumanity to man.
The author suggests that religion evolves with time as we wend our way to a more enlightened society. Perhaps some religious denominations do, but only in part.
It is obvious that isolated factions remain indulgent of the old traditions and mindsets. Even worse, they began to reinterpret old scriptures. Through ignorance of the historical setting in which they were written, revisionist interpretations can becomes even more deluded and more dangerous than was it’s original intent.
Perhaps the only good religion is a dead religion.
Gregory Higley says:
Sep 7, 2010
I’m aware in a general sense of what you’ve posted. The problem is that the Wahhabists and others who are radicalizers or who’ve been radicalized, want Shari’ah to mean something so much more than what it once meant. For better or worse, the radical, back-to-the-ancient-ways version is exactly what it is coming to mean.
A. Kaafir says:
Sep 18, 2010
Many muslim countries have Sharia Courts. There are judges appointed to those courts and they hand down sentences and decisions. Rashid should really be telling them that they have it all wrong. Even his namesake and very very famous Harun Rashid Calipha in Baghdad used to appoint Cadis to implement “Sharia”. Rashid really should look up how Sharia was used since the 9th century.
The poor Kaafirs responding do not have a clue the misdirection that Rashid has performed. Start with “fiqh” and not with qanun which is much more specific and limited. Now ask how is fiqh related to Sharia and why is it that the ruler of Iran is called “Velayat-e faqih”.
Poor wikipedia says: “Fiqh is an expansion of the Sharia Islamic law—based directly on the Quran and Sunnah—that complements Shariah with evolving rulings/interpretations of Islamic jurists.” They get it right.
What Sharia is and is not | Henry M Imler says:
Dec 5, 2011
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Islam and Liberty: What It Really Is and How It Seems o How It Is Shown | The GW Post says:
Jan 2, 2012
[...] Hussein Rashid, “The Problem with Equating Shari’ah with Law”, The Revealer, 30/07/2010, at http://therevealer.org/archives/4600 (accessed, [...]