Exposing Islam

The Standard Islamic Perspective: Why Is Islamic Law (Sharia) Often Viewed as Oppressive and Harsh?

Introduction: Understanding Sharia — A Divine Legal System

Islamic law, known as Sharia, is presented in Islam as a comprehensive divine legal system, derived from the Qur’an, the Sunnah (teachings and practices of the Prophet Muhammad ﷺ), Ijma (scholarly consensus), and Qiyas (analogical reasoning). For Muslims, Sharia is not merely a set of religious rituals but a complete legal, moral, and social system designed to govern all aspects of life — from personal conduct to family relationships, criminal justice, commerce, and governance.

Yet, despite its divine status, Sharia is often viewed by critics as harsh, oppressive, and incompatible with modern values. This standard Islamic perspective will explore the foundations of Sharia, its guiding principles, the reasons for its severe punishments, and how Islamic scholars respond to accusations of harshness.

1. The Divine Origins of Sharia: A Sacred Legal System

A. Sharia as Divine Law

Muslims believe that Sharia is directly derived from Allah, revealed to humanity through the Qur’an and the teachings of the Prophet Muhammad ﷺ:

The Qur’an as the Primary Source:
“Indeed, We have sent down to you the Book in truth, that you may judge between people by what Allah has shown you.”
— (Surah An-Nisa 4:105)
The Sunnah as a Clarification of the Qur’an:
“And whatever the Messenger has given you, take it, and whatever he has forbidden you, refrain from.”
— (Surah Al-Hashr 59:7)

B. The Comprehensive Nature of Sharia

Sharia is not limited to religious rituals but covers every aspect of life:

Ibadah (Worship): Ritual acts of worship, such as prayer, fasting, charity, and pilgrimage.
Muamalat (Social Transactions): Rules regarding business, commerce, marriage, divorce, and inheritance.
Hudud (Fixed Punishments): Prescribed punishments for specific crimes, such as theft, adultery, and apostasy.
Qisas (Retaliatory Punishments): The principle of retributive justice for murder and bodily harm.
Tazir (Discretionary Punishments): Punishments left to the judge’s discretion for offenses not covered by fixed laws.

2. The Purpose of Sharia: Justice, Mercy, and Public Welfare

A. Protection of the Five Necessities (Maqasid al-Sharia)

Islamic scholars maintain that the primary objective of Sharia is to protect five essential values:

Religion (Deen): Ensuring freedom to practice Islam and protecting the faith from corruption.
Life (Nafs): Preserving the sanctity of human life and providing just retribution for murder.
Intellect (Aql): Protecting the human mind from harmful substances (e.g., the prohibition of alcohol).
Lineage (Nasl): Preserving family structure and maintaining clear lineage through regulated marriage laws.
Property (Mal): Safeguarding personal and communal wealth through clear rules of ownership and commerce.

B. Justice and Deterrence: The Wisdom Behind Severe Punishments

Sharia’s strict punishments, such as amputation for theft or flogging for adultery, are not meant to be cruel but to maintain social order and justice:

Deterrence: Severe punishments are intended to deter crime by instilling a fear of consequences.
Justice: Victims of crimes are provided with a sense of justice, and offenders are held accountable.
Mercy in Practice: Strict evidentiary standards ensure that such punishments are rarely applied. For example, proving adultery requires four eyewitnesses who actually saw the act.

3. Sharia’s Reputation for Harshness: Misunderstandings and Misapplications

A. Misunderstanding the Purpose of Punishments

Islamic scholars argue that many people misunderstand the purpose of Sharia punishments. These punishments are not intended to be brutal but are designed to maintain social order, protect the community, and promote justice:

Hudud Punishments Are Rare: The strict evidentiary requirements make the application of these punishments extremely rare.
Mercy and Repentance Are Encouraged: A person who sincerely repents for a crime before being caught may be forgiven without punishment.
Judicial Discretion: Judges are encouraged to avoid punishment if there is any doubt, following the principle of "averting punishment in cases of doubt."

B. Misapplications of Sharia in Modern States

Islamic scholars also point out that the harsh reputation of Sharia is often due to its misapplication in certain Muslim-majority countries:

Politicized Sharia: Some regimes use Sharia as a tool for political control, applying its punishments selectively against political opponents or marginalized groups.
Lack of Proper Legal Systems: Many countries that claim to apply Sharia do not have the necessary legal institutions, such as trained judges, fair trials, or a proper system of evidence.
Cultural Practices vs. Sharia: In some regions, cultural practices are falsely labeled as “Sharia,” such as honor killings, which have no basis in Islamic law.

4. The Role of Mercy in Sharia

A. The Emphasis on Forgiveness and Repentance

Despite its strict punishments, Sharia is also built upon the principles of mercy and forgiveness:

Allah’s Mercy Is Superior:
“And My Mercy encompasses all things.”
— (Surah Al-A’raf 7:156)
The Prophet’s Teaching on Leniency:
“Make things easy, and do not make them difficult; give glad tidings, and do not repel people.”
— (Sahih Bukhari 69)

B. Judicial Leniency: The Principle of Doubt

Islamic judges are encouraged to avoid punishment if there is any doubt about the evidence:

“Avert the legal punishments if there is any doubt.”
— (Sunan Ibn Majah 2545)
The Prophet Muhammad ﷺ pardoned many who confessed their sins, allowing them to repent instead of enforcing the punishment.

5. The Flexibility of Sharia: Adaptation Through Ijtihad

A. Ijtihad: Independent Legal Reasoning

Sharia is not a rigid system but one that allows for adaptation through Ijtihad (independent legal reasoning):

Ijma (Consensus): Scholars can establish new rulings based on consensus when new issues arise.
Qiyas (Analogy): Rulings can be derived for new situations by comparing them to existing principles.
Istihsan (Juristic Preference): Scholars can prioritize certain rulings based on public welfare.

B. The Evolution of Islamic Law

Islamic law has historically been flexible and adaptable:

The Hanafi School: Known for its reliance on reason and public welfare.
The Maliki School: Emphasizes the practice of the people of Medina as a source of law.
The Shafi’i School: Develops a systematic methodology for deriving rulings.
The Hanbali School: Prioritizes the direct text of the Qur’an and Sunnah.

6. Conclusion: Sharia — A System of Divine Justice and Mercy

From the standard Islamic perspective, Sharia is not an oppressive or harsh system but a divine legal framework designed to maintain justice, protect essential values, and promote social welfare. While its punishments may appear severe to the modern mind, they are seen as a necessary means of maintaining social order and ensuring justice for victims.

Sharia is a system of justice, not cruelty.
Its punishments are intended to deter crime, not to brutalize society.
Misapplications of Sharia in modern states do not represent the true spirit of Islamic law.
The principles of mercy, forgiveness, and repentance are central to Sharia.