Sharia (Islamic Law)
EENI - Business School.
Sub-subject: Sharia (Islamic Law or Law of the Quran). Syllabus:
- Introduction to Sharia (Islamic Law)
- The Holy Quran and the Sunnah as sources of the Sharia
- The Sharia as ethical and moral code
- Implications of the application of the Sharia in the Islamic societies
- Sharia and business with Muslim countries
- Application of the Sharia by country
Sample of the sub-subject: Sharia - Islamic Law (Islamic Civilisation)
Sub-Subject Description: Sharia: Islamic Law
The Sharia (“what is prescribed”), are the set of rules that
govern the entire existence of the Muslim.
- The Sharia is an ethical and moral code and set of laws.
- Quran is the first and main legal source of Islam.
- Violation of Islamic Law is an offence against God.
- Unlike Western Civilisation, Islam believes that its laws are the divine origin, and they were revealed by Allah to the Prophet to establish
the ideal social order on earth.
Therefore, for a Muslim, it may be tough to accept the Western concept of separation between State and Church. It is crucial to understand this point.
The two main sources of the Sharia are:
- Holy Quran: the source of the Sharia
- Sunnah: the second source of the Sharia. The Sunnah
contains religious actions and quotations of the Prophet Muhammad narrated by his fellows (Sunni branch) and Imams (Shi'a branch). Much of the Sunnah is recorded in the Hadith.
According to the Sunni schools of law, the secondary sources of the Islamic
law are Ijma or the consensus of the Islamic Community (Ummah) and the Itihad (individual effort to reflect)
The Sharia or Islamic Law covers a broad range of topics (Economics, Banking, law, health, or family relationships), its implementation depends on each country.
Traditionally the “Sharia courts” are not dependent on the lawyers, since the plaintiff and the defendant are represented themselves.
- Trials are conducted only by the judge; there is no jury system.
minorities are eligible to Sharia courts if they wish.
- There is neither process before the trial nor any questioning witnesses.
- The verdicts of the judges do not establish binding precedents.
- Instead of written evidence, the oath has much more weight, instead of being used simply to guarantee the truth of testimony, are used as evidence.
- Having the testimony of a witness more importance that a written proof; it is evident that a
contract has much
less importance than a verbal agreement.
This is an issue that we should never forget when doing business in countries that wholly or partially implemented Sharia Law.
In the history of Islam, the Sharia has always coexisted with other legal
systems. Today, few Muslim countries apply strictly and comprehensively the whole code of the Sharia; many only apply some aspects of the Sharia.
In principle, in all those countries where the Sharia is applied, total or partially, shall apply only to Muslims; other religions should have a
From the point of view of the business, the Sharia should not affect an
exporter directly in foreign trade operations. However, Sharia can affect the pricing policy, product,or promotion. It may also affect when opening a
branch or hiring local Muslim workers.
Sulaiman Al-Rajhi created the Al-Rajhi Bank one of the largest Islamic banks, offering products and services according to the Sharia principles.
The International Bank of Kuwait (Bukhamseen Group)
is an excellent example of the Sharia Supervisory Board.
An example of the Sharia Report of the Islamic Development Bank
Arab Trade Financing Programme (ATFP)
Religions, ethics, and business - Five pillars of Islam - Fiqh (Islamic jurisprudence) - Human Rights in Islam