Islamic law is commonly known as shari’a. Shari’a is much more than a legal code. It seeks to govern every aspect of the life of the Muslim (and in fact of the whole world) as it is presented as the perfect Law of Allah.
It is obligatory for Muslims to follow shari’a in all of its ordinances. Allah, in fact, declares those who decline to operate according to his law as stepping outside of the fold of Islam: “If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) Unbelievers” (Qur'an 5:44-45)
This means that for the devout Muslim any legal system that does not have shari’a at its core will be totally unacceptable. The Qur’an says as much: “Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee.” (Qur'an 5:49-50)
This point is further reinforced in the following hadith where it is stated categorically that a Muslim is absolutely forbidden from obeying laws and decrees that are not in line with shari’a: “Narrated 'Abdullah: The Prophet said, "A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it. (Sahih Bukhari 9:89:258)
The unassailable position that shari’a is supposed to hold in the minds of Muslims is, to say the least, highly problematic. This is because shari’a is significantly at odds with modern sensibilities, human rights, and all non-Islamic legal codes. Adherence to shari’a is, therefore, bound to place a Muslim community where it is widely followed on a collision course with the non-Muslims around them.
Pointing out all the ways in which shari’a is incompatible with modern values and human rights will probably require a separate book so a few very important examples will have to suffice. In general, it can be stated that shari’a:
Criminalizes actions that are not crimes under other jurisdictions
Commands actions that are crimes under other jurisdictions
Is fundamentally unfair in its treatment of witnesses
Imposes cruel and inhuman punishments.
Each of these points will be discussed below.
Shari’a’s Wide Net of Criminality
It should be understood that shari’a was designed to control every aspect of the lives of society and individuals. It is for this reason that certain actions which in many parts of the world would be legally neutral are depicted as firmly on the wrong side of shari’a. The following are, for example, regarded as serious crimes under shari’a: