Law Atlas

How The Law Decides
Legal Systems

Sharia

shah-REE-ah
Also Known As Islamic Law

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Sharia, in the comparative-law classification JuriGlobe and other schemes use, names the Muslim law legal family, a system that derives its authority from religious sources and juristic method rather than from a secular legislature or accumulated case law alone. Applied as law it varies enormously by jurisdiction, from the near-complete state law of Saudi Arabia and Iran, to one law among several in a mixed system such as personal-status law for Muslims within Malaysia and Nigeria, to a purely private, opt-in arbitration framework such as the Sharia councils and Muslim Arbitration Tribunal of England and Wales, which carry no independent legal force outside the ordinary law of contract and arbitration. This entry treats Sharia only as this legal-system facet: which jurisdictions apply it, and how its courts and jurists function as legal machinery. The doctrinal content of Islamic law, its sources, schools of jurisprudence and lived religious practice, remains Divinity Atlas's own subject under the family standing seam (ruling 631).

Facts
Example Jurisdictions
Saudi Arabia, where the 1992 Basic Law of Governance names the Quran and Sunna as the constitution and Sharia courts hear most civil, criminal and family matters alongside the administrative Board of Grievances; Iran, where all legislation is reviewed for conformity with Islamic criteria by the Guardian Council under the 1979 constitution; Malaysia and the northern states of Nigeria, where Sharia applies within a defined domain (chiefly personal status and, in Nigeria, some criminal law) alongside a general secular system; England and Wales, where Sharia councils and the Muslim Arbitration Tribunal operate as private arbitration under the Arbitration Act 1996, with no jurisdiction over criminal law or divorce and no independent state-law force. 1
Primary Source of Law
The Quran and Sunna as interpreted through juristic method by the classical schools of Islamic jurisprudence; in states applying it as public law, codified statutes and royal or ministerial decrees implementing Sharia principles sit alongside direct judicial application by Sharia-trained judges. 1
Disputed
Origin Year
632 1
632, the death of Muhammad, is sometimes taken as the point at which systematic juristic derivation of law from revelation began, but comparative-law scholarship more often dates the crystallization of Sharia as a working legal system, with its classical schools of jurisprudence and settled methodology, to the eighth through tenth centuries, so no single year is agreed.
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One Body of Law, Four Legal Statuses

This article records tradition as it has been passed down and reported. Its sources are not yet part of the atlas's verified catalogue.

Sharia is a single body of religious law, but comparative-law scholarship classifies it as one of the world's great legal families precisely because no two states that apply it give it the same legal weight. In Saudi Arabia, the 1992 Basic Law of Governance names the Quran and Sunna as the constitution itself, so Sharia sits at the top of the legal order, applied by general Sharia courts and, for administrative disputes against the government, by the separate Board of Grievances. In Iran, the relationship is one step removed: an elected parliament passes ordinary legislation, but nothing it passes stands unless the Guardian Council, twelve jurists half named by the Supreme Leader and half nominated by the judiciary, certifies that the law conforms to Islamic criteria. Sharia there is less the whole of positive law than its outer limit.

Move further along the spectrum and the state stops applying Sharia as public law at all. Malaysia and the northern states of Nigeria carve out a defined domain, generally personal status and, in parts of Nigeria, some criminal law, where Sharia courts sit alongside a general secular system that governs everything else. In England and Wales, Sharia has no state-law status whatsoever. Sharia councils and bodies such as the Muslim Arbitration Tribunal, formed in 2007, operate purely as private arbitration under the Arbitration Act 1996, a law that lets two parties agree in advance to have a civil dispute decided under a chosen set of rules, religious or otherwise. Criminal law and divorce sit entirely outside what the Act allows an arbitrator to touch, and a panel award carries legal force in England only because the ordinary civil courts enforce an unchallenged arbitration award of any kind, not because Sharia itself has any standing there.

Four jurisdictions, four different answers to the same question: what happens when this body of law meets the machinery of a state. Comparative-law classification treats that variation as the interesting fact, not an inconsistency to explain away.

Cross-Tradition Connections

In Legal System

Sharia is one of the named member systems of the Religious Law family per its own entity-description; JuriGlobe classifies Muslim law as its own legal family within the broader religious-law grouping.

Includes

In the Other Atlases
Sources
1. Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985
JuriGlobe: Classification of Legal Systems (University of Ottawa)
University of Ottawa, Faculty of LawView the Source
Ministry of Justice History, Saudi Arabia
Ministry of Justice, Kingdom of Saudi ArabiaView the Source
Sharia Law Courts in the UK (House of Commons Library Briefing)
House of Commons Library, UK ParliamentView the Source
AAOIFI, Official Website
Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI)Includes: AAOIFI Shariah StandardsView the Source
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