How did the Sharia evolve over time (Islamic Personal Law) by Abdul Qadeer Chachar

1. Abdul Qadeer Chachar
HOW DID THE SHARIA EVOLVE
OVER TIME?
Shaheed Zulfiqar Ali Bhutto University of Law Karachi

2. • Sharia is the religious law and moral code
of Islam
• Sharia literally means "the way” or path
• In Quran Surah Jatheyah 45:18 Allah SWT
said that:
•
“ then we gave you a Sharia in religion, follow it, and do
not follow the lust of those who do not know...”
What is Sharia?

3. • 1. Quran (the holy book )
• 2. Sunnah (sayings and actions of Prophet)
• 3. Qiyas ( analogical reasoning )
• 4. Ijma (consensus)
• 5. Ijtihad (extrapolation)
There are 5 main sources of Islamic sharia as follow:

4. • Before the emergence of islam in Arabia tribal social
structure was prevailing there.
• Rules were unwritten, the tribe as a whole use to
determine what was law.
• With the passage of time society felt the need for change
and laws get modified.
• Islam originated in Mecca and Medina at the start of the
7th century
How did the Sharia evolve over time?

5. • Islam began in Arabia in the 7th century under the leadership of
Muhammad PBUH who ultimately united many of the independent
nomadic tribes of Arabia under Sharia (Islamic rule)
• In the seventh century, Muslim community got established in
medina and started spreading to the surrounding regions.
• Many social changes took place under islam between that Period
(between 610 and 661)
• In the Life of Prophet PBUH the legislation mentioned in the Quran
kept developing in response to practical problems faced by the
Prophet PBUH and his community.

6. Constitution of Medina:
• The constitution of Medina, also known as the charter of medina,
was drafted by Muhammad PBUH in 622.
• It constituted a formal agreement between Muhammad PBUH
and all of the significant tribes and families of Medina, including
Muslims, Jews, and pagans.
• the document was drawn up with the clear concern of bringing to
an end the inter-tribal fights between the clans of the aws (banu
aus) and banu khazraj within Medina.
• it established a number of rights and responsibilities for the
Muslim, Jewish, and pagan communities of Medina. Which
effectively established the first Islamic state.

7.  the security of the community
 religious freedoms
 the role of medina as a sacred place (barring all violence
and weapons)
 the security of women
 stable tribal relations within Medina
 a tax system for supporting the community in time of
conflict
 a system for granting protection of individuals
 a judicial system for resolving disputes
The Constitution of Medina established:

8. • During Prophet Muhammad’s lifetime, he helped clarify
the law by interpreting provisions in the Quran and
acting as a judge in legal cases.
• Hence, Islamic law, the sharia, became an integral part of
the Muslim religion.
• After the death of Muhammad PBUH in A.D. 632,
companions of Muhammad PBUH ruled Arabia for about
30 years.
• The Rashidun caliphate was the first of the four major
caliphates established after the death of the Prophet
Muhammad PBUH.

9. • It was ruled by the first four successive caliphs (Khulfa-e-
Rashideen) of Muhammad PBUH after his death in 632.
• Namely:
1. Hazrat Abu Bakar RA
2. Hazrat Umar RA
3. Hazrat Usman RA
4. Hazrat Ali RA
The term Rashidun mean "rightly guided"
• These political-religious rulers known as Caliphs continued to develop
Islamic law with their own pronouncements and decisions.
The Rashidun caliphate:

10. • The Initial Caliphs also conquered territories outside Arabia including
Iraq, Syria, Palestine, Persia, and Egypt. As a result, elements of
Jewish, Greek, Roman, Persian, and Christian church law also
influenced the development of the sharia.
• With the expanding of Muslim Empire Islamic Law (Sharia) grew
along.
• The Umayyad dynasty caliphs, who took control of the empire in 661,
extended Islam into India, Northwest Africa, and Spain. The
Umayyads appointed Islamic judges, Qazi(s) to decide cases involving
Muslims in the light of Teachings of Holy Prophet PBUH.
Umayyads and Abbasids dynasty:

11. • After a period of revolts and civil war, the Umayyads were
overthrown in 750 and replaced by the Abbasid dynasty.
• The sharia reached its full development during the 500-year rule of
the Abbasids.
• Under their entire rule, the Abbasids transferred important areas
of criminal law from the Qazi(s) to the government.
• The Qazi(s) continued to handle cases involving religious, family,
property, and commercial law.

12. • The Abbasids encouraged legal scholars to debate the
sharia vigorously.
• One group held that only the divinely inspired Quran and
teachings of the Prophet Muhammad PBUH should make
up the sharia.
• However, an other group, argued that the sharia should
also include the reasoned opinions of qualified legal
scholars.
• Different legal systems began to develop in different
provinces.

13. • In an attempt to re-unite the rival groups, a legal scholar
named Shafi systematized and developed what were
called the “roots of the law.”
• Shafi argued that in solving a legal question, the Qazi or
government judge should first consult the Quran.
• If the answer were not clear there, the judge should
refer to the authentic sayings and decisions of
Muhammad PBUH.
• If the answer continued to elude the judge, he should
then look to the consensus of Muslim legal scholars on
the matter.

14. • If still failing to find a solution, the judge could form his
own answer by (Qiyas) analogy from “the precedent
nearest in resemblance and most appropriate” to the case
at hand.
• The four school of thoughts;
1. Hanafiyya
2. Malikiyya
3. Shafiyya
4. Hanabaliyya
developed in four different centuries.

15. • By around the year 900, the sharia evolved and taken
shape.
• Islamic Scholars in the law assembled handbooks for
judges to use in making their decisions.
• Countries with Muslim population have each adopted
their Islamic laws based upon one of above schools
depending upon their specific situation.
• Accordingly, modern Islamic nation states have responded
to the needs of modernity by embracing the Shariat in
ways suiting their social and political needs.
Conclusion: