Anglonautes > English vocabulary / words > Religions / faith > Muslims

A broad code of conduct governing all aspects of life, from dietary rules to the wearing of the hijab, which Muslims can choose to adopt in varying degrees as a matter of personal conscience.

Where does sharia law come from?

Sharia, meaning "way or path to the water", is derived from interpretation of the teachings of the Qur'an, the Hadith (the sayings and conduct of the prophet Muhammad) and fatwas, a type of jurisprudence of the rulings of Islamic scholars over many centuries.

Are there different interpretations of sharia?

There are five different schools of interpretation: one in the Shia tradition of Islam and four in the Sunni tradition. Middle Eastern countries of the former Ottoman empire favour the Hanafi doctrine and north African countries prefer the Maliki doctrine; Indonesia and Malaysia follow the Shafi'i doctrine; Saudi Arabia adheres to the Hanbali doctrine; and Iran follows the Shia Jaafari school. All the schools are similar, but some take a more literal approach to texts while others prefer a loose interpretation.

How is it applied in sharia states?

Sharia can be formally instituted as law by certain states and enforced by the courts. Many Muslim countries have adopted elements of sharia law governing issues such as inheritance, banking, marriage and contract law.

What are hadd offences?

The popular understanding of sharia law in Britain - such as the stoning of adulterers or the severing of a hand for thieves - relates only to a very specific set of offences known as hadd offences. Although the penalties for such offences are not universally adopted as law in most Islamic countries, these have become a potent symbol of sharia law.

Some countries, such as Saudi Arabia, claim to live under pure sharia law and enforce these penalties for hadd offences. They carry specific penalties, set by the Qur'an and by the prophet Muhammad. Offences include unlawful sexual intercourse, the drinking of alcohol, theft and highway robbery.

FAQ: Sharia law,
G, 8.2.2008,
https://www.theguardian.com/uk/2008/feb/08/politics.religion1

9.15am GMT

Saudi king pardons gang rape victim

Monday December 17 2007

Guardian.co.uk

Allegra Stratton and agencies

Saudi Arabia's King Abdullah has pardoned a Saudi woman sentenced to 200 lashes after she was gang raped.

The woman, known only as "Qatif girl" after the area where the crime occurred, was raped at knife point by seven men as a former boyfriend drove her home.

She had been sentenced in October 2006 to 90 lashes for being alone in a car with a man who was not a relative but had her punihsment increased to 200 lashes and six months in jail after she spoke out about her case.

Today the Saudi justice minister, Abdullah bin Muhammed al-Sheikh, told Al Jazirah newspaper that the decision was based on concern for Qatif girl's welfare.

"The king always looks into alleviating the suffering of the citizens when he becomes sure that these verdicts will leave psychological effects on the convicted people, though he is convinced and sure that the verdicts were fair," he said.

The decision represents a softening approach towards the rape victim. The justice ministry had defended the woman's punishment, branding her an adulteress who "provoked the attack" because she was "indecently dressed".

The pardon comes on the first day of the annual Hajj pilgrimage, a duty that should be performed by every Muslim at least once in their life. About 1.6 million pilgrims are thought to have travelled to the kingdom this year.

In an interview with Human Rights Watch a year ago, Qatif girl said her brother tried to kill her after learning of the attack and that she had tried to take her own life. The attackers received sentences ranging from two to nine years after being convicted of kidnapping, apparently because prosecutors could not prove rape, said Human Rights Watch even though the group claims the judges ignored a mobile phone video taken by the men during the assault.

Saudi king pardons gang rape victim,
G,
17.12.2007,
https://www.theguardian.com/world/2007/dec/17/
saudiarabia.allegrastratton

Saudis Defend Punishment

for Rape Victim

November 21, 2007

Filed at 9:19 a.m. ET

The New York Times

By THE ASSOCIATED PRESS

RIYADH, Saudi Arabia (AP) -- The Saudi judiciary on Tuesday defended a court verdict that sentenced a 19-year-old victim of a gang rape to six months in jail and 200 lashes because she was with an unrelated male when they were attacked.

The Shiite Muslim woman had initially been sentenced to 90 lashes after being convicted of violating Saudi Arabia's rigid Islamic law requiring segregation of the sexes.

But in considering her appeal of the verdict, the Saudi General Court increased the punishment. It also roughly doubled prison sentences for the seven men convicted of raping the woman, Saudi news media said last week.

The reports triggered an international outcry over the Saudis punishing the victim of a terrible crime.

But the Ministry of Justice stood by the verdict Tuesday, saying that ''charges were proven'' against the woman for having been in a car with a man who was not her relative.

The ministry implied the victim's sentence was increased because she spoke out to the press. ''For whoever has an objection on verdicts issued, the system allows an appeal without resorting to the media,'' said the statement, which was carried on the official Saudi Press Agency.

The attack occurred in 2006. The victim says she was in a car with a male student she used to know trying to retrieve a picture of her. She says two men got into the car and drove them to a secluded area where she was raped by seven men. Her friend also was assaulted.

Justice in Saudi Arabia is administered by a system of religious courts according to the kingdom's strict interpretation of Islamic law.

Judges have wide discretion in punishing criminals, rules of evidence are vague and sometimes no defense lawyer is present. The result, critics say, are sentences left to the whim of judges. A rapist, for instance, could receive anywhere from a light sentence to death.

State Department spokesman Sean McCormack avoided directly criticizing the Saudi judiciary over the case, but said the verdict ''causes a fair degree of surprise and astonishment.''

''It is within the power of the Saudi government to take a look at the verdict and change it,'' McCormack said.

Canada's minister for women's issues, Jose Verger, has called the sentence ''barbaric.''

The New York-based Human Rights Watch said the verdict ''not only sends victims of sexual violence the message that they should not press charges, but in effect offers protection and impunity to the perpetrators.''

Saudis Defend Punishment for Rape Victim,
NYT,
21.11.2007,
http://www.nytimes.com/
aponline/world/AP-Saudi-Rape.html - broken link

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