When Sharia is talked about Quran and Hadith gets to be pulled in it. Here the question is, Al Quran revealed on Prophet Mohammed PBUH and with detail explanation on how to put in legislation the Qur’anic verses hadith books were written from the acts and explanations of Prophet, prophet Muhammed pbuh didn’t make Sharia law or Sharia as a law then why word Sharia is made to played and allowed to be matter of criticism in the west?
Previously I wrote there is no such thing as Sharia law. Sharia means legislations. Law in Arabic is kanoon. What acts are made unlawful or legally forbidden is Mabroor not same as Haram. Mabroor can be change with reformation and Haram remains forbidden no reformation can change that. For example, marriages outside the ethnicity is forbidden mabroor in Saudi, that’s law and marriages between siblings is forbidden thats Haram, euphoria. Law and legalization is different to Islam and any religions.
Then question comes in about Saudi Arabia, is their law 100 percent Islam orientated, Quran and Hadith binding? Here what wiki says, “the legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Qur’an and the Sunnah (the traditions) of the Islamic prophet Muhammad. The sources of Sharia also include Islamic scholarly consensus developed after Muhammad’s death.”
Then further said, “Its interpretation by judges in Saudi Arabia is influenced by the 18th century Wahhabism. Uniquely in the Muslim world, Sharia has been adopted by Saudi Arabia in an uncodified form. This, and the lack of judicial precedent, has resulted in considerable uncertainty in the scope and content of the country’s laws.” Mind you “Wahhabism”. I’ll get back to that.
In the recent years the Saudi government announced their intention to codify Sharia in 2010. Then a significant progress has been made and a publication of sourcebook of legal principles and precedents placed in January 2018. Sharia has also been supplemented by regulations (“anẓima”). It was translated by the Saudi Official Bureau of Translation as “Law” and issued by royal decree covering modern issues such as intellectual property and corporate law.
About this sourcebook they saying that Sharia remains the primary source of law, especially in areas such as criminal, family, commercial and contract law, and the Qur’an and the Sunnah are declared to be the country’s constitution. In the areas of land and energy law the extensive proprietorial rights of the Saudi state (in effect, the Saudi royal family) gconstitute a significant feature. Sharia, is that same as Islam stablished by Prophet and the companions PBUT?
About the current Saudi court system what was created by King Abdul Aziz, who founded the Kingdom of Saudi Arabia in 1932, and was introduced to the country in stages between 1927 and 1960. It comprise general and summary Sharia courts with some administrative tribunals to deal with disputes on specific modern regulations. Trials in Saudi Arabia are bench trials. Courts in Saudi Arabia observe few formalities and the country’s first criminal procedure code issued in 2001. Then on what bases they punished people sentenced to hand chop off, lashes and beheadings?
King Abdullah in 2007 introduced a number of significant judicial reforms and they are yet to be fully implemented. Criminal law punishments in Saudi Arabia include public beheading, hanging, stoning, amputation and lashing. Serious criminal offences include not only internationally recognized crimes such as murder, rape, theft and robbery, but also apostasy, adultery, witchcraft and sorcery.
In addition to the regular police force, Saudi Arabia have secret police forces, the Mabahith and “religious police” the Mutawa. The Mutawa is for enforcing Islamic social and moral norms. In Saudi, Islamic, ok let’s not challenge that since prayers and Hajj acts are in placed appropriately and there is a decent dressing code.
What about Moral? Do they have understanding about moral?. Extravagancy, power play/abuse, discrimination and abusing foreign workers, what is moral about them? How many beheadings Prophet has done? None, zero. How many women stoned to death under prophets rule, none zero again. What about mistreating foreign workers? Not to forget, Prophet freed and gave respected status to slaves.
Mutawa and Mabahith, their powers have greatly been restricted over the last few years due to Western-based human rights organizations, such as Amnesty International and Human Rights Watch, have criticized the activities of both the Mabahith and the Mutawa, as well as a number of other aspects of human rights in Saudi Arabia.
There are number of executions; the range of offences which are subject to the death penalty, there lack of safeguarding for the accused in the criminal justice system. Ill the treatment of homosexuals, there are badly use of torture and the lack of religious and sactarian freedom. The highly in disadvantaged position are known to be the women. The Albert Shanker Institute and Freedom House have also reported that “Saudi Arabia’s practices diverge from the concept of rule of law”.
Saudi Arabia found the Kingdom from British power handing out and they are proceeding with power abuse as mighty rule. Wahhabism also was advocated to house of Saud and powered in to empower House of Saud along Kingship. Abdu Rahman Wahhabi was an scholar who had his own perception and style, he didn’t make a Madhab sect. 100 years after his death his name was used to advantage. It’s British coinaged Wahhabism to empower House Saud. We western world took prophets democracy and Omar’s welfare system and made Saudi to Autocracy.
Which law Albert Shanker Institute taking about here, expected Saudi to apply with?
Fatema Miah, Solihull, uk. [email protected]