In The Name Of God The Most Merciful, Most Compassionate

No need to fear Shariah law

Filed under: Featured,Islam,Islam Today |



The question of Shariah Law and the application of Shariah Law in Australia has been the topic of fervent conjecture and feverish debate and more so since the recent assault of a Sydney man in an incident termed; “Shariah lashings”, by some commentators, while others have questioned whether or not having a beer will get a bloke flogged under Shariah Law.  Before we delve into this question it is appropriate to establish some context.


The reality of the Shariah Law is it an intricate and well developed system of judicial, social, communal, fiscal and moral laws designed to mould a person into a compassionate, freethinking and righteous human being.  One of the fascinating aspects of Shariah Law is that legislation is enshrined with ethical and moral codes of conduct.

In order to establish and maintain an ethical and humane society, Shariah controls the moral conduct of a Muslim, firstly by moral instruction and secondly by the enactment of legislation regulating ethical and moral conduct and thirdly, as a corollary of the codification of ethical and moral norms a regime of enforcement safeguarding the ethical standards set by the legislation.

In contemporary times this form of government is alien to public comprehension.  In fact, this way of legislation is an anomalous not only to public comprehension but also to modern criminal law.  Modern criminal law is primarily focused on violations of the person; property or the state and moral codes and behaviours are not directly regulated by the state unless a violation of one of the abovementioned occurs.  As a case in point, one of the reasons we have great difficulty in answering the question, “what are Australian values?” is because ethical behaviour for an Australian is not codified in legislation but rather subject to public interpretation. Contrarily, in specific situations an Australian’s moral and ethical behaviour is codified by civil legislation such as in situation whereby an Australian holds a position of responsibility and is required to maintain the highest echelons of moral practice such as in the Corporations Law.  In this example, a company director is bound by a moral and practical duty to act “with loyalty and in good faith”.  By way of clarification, Shariah clearly defines the moral and ethical role of a citizen and the responsibility of being a citizen in all facets of public and private life not just in the circumstance whereby a citizen holds a specific position of responsibility.

Conditions for Application

Before undertaking an explanation of the Shariah Law and its application, it is imperative to understand that Shariah Law only applies to Muslims. Yes that is right, you can rest easy; Shariah law does not apply to those who do not profess the faith of Islam i.e. Muslims.  Further, most people, unfortunately including some Muslims, know Shariah Law by hearing or reading of isolated incidents of “supposed applications of Shariah” reported by mainstream media so it is understandable that fear and anxiety and even anger are expressed when the topic of Shariah is raised.


The example of the “so called” application of “Shariah Law” in the case of the abovementioned assault leaves a trail of devastation, bewilderment and resentment.  The facts reported in the press indicate a man was assaulted, in his home, by a group of men who were purportedly enforcing the legislated punishment in Shariah for drinking alcohol.  In order to give a theoretical and practical example of the application of Shariah Law, a hypothetical incident of similar nature to one mentioned in this article will be discussed as though it occurred in past history, in a nation where Shariah Law was applied (there are currently no countries worldwide applying Shariah Law).  Remember that Shariah only applies to Muslims!

Firstly, how did the perpetrators of the assault come to know that a Muslim drank alcohol or became intoxicated?  If a Muslim is drinking in her/his own home and not in public s/he could not be persecuted under Shariah Law.  Secondly, if the perpetrators broke into a Muslim’s home without proper authority s/he would again not be persecuted under Shariah Law.  Thirdly, if the perpetrators were not authorised by state to act in the capacity of law enforcement officers the Muslim drinking alcohol would not be punished under Shariah Law.  The application of Shariah Law like any other law is subject to due process and the alleged offender is innocent until proven guilty.  Fourthly, if the Muslim drinking alcohol was an alcoholic then s/he is not persecuted under Shariah Law but in fact a program of rehabilitation is prescribed.  Fifthly, if the facts reported in the media are true, under Shariah Law it would be the perpetrators of the assault who would be arrested and brought to justice not the person who was allegedly punished, which is exactly what is occurring.

Sheikh Haisam Farache is a qualifed Sheikh and practising solicitor based in Sydney, Australia.

Leigh 5pts

Great to hear from men but where are the other women? Not given any say in Islam I think and that is the real problem. There are so many intelligent and capable women who could contribute so much in this world if they were not treated as second rate citizens from a bunch of useless men who are on power trips. Men need to earn respect not think it is their right.

Muhummed Shah Idil
Muhummed Shah Idil 5pts

Thanks for this much needed article. I am glad that you mentioned that Shari'a law applies to MUSLIMS, and that currently, no country applies Shari'a law.

Kathy 5pts

What are you talking about Mostly. A large list of countries use a strict form of sharia or parts of it. You can be executed for blasphemy in a bunch of them. Australia doesn't need this. There's plenty of "basket case" countries in that list also. Just forget about it because it just aint happening. Move on.

Ferguson 5pts

War ridden mess because those in power and even down at the grass roots, religion is confused and mixed up with culture and tradition and customs and politics and greeds. And it isn't just Shariah Law, no country is perfect, regardless of what laws are in place. NOT a single country, because people are people and regardless of the laws in Australia, America, Saudi Arabia, wherever, there will always be crime, thats just how it is. So the laws at the end of the day are guidelines that many don't follow, whether it is something as simple as throwing rubbish out of a car, or killing someone, happened in the past, happening now, will happen in the future. Every country has law, every country has crime. Having law doesn't equate to having a crimeless society.

Ferguson 5pts

Also, these are not the only countries in a huge mess, western countries are in an even bigger mess, with all the examples I gave above. Just a mash of immoratlies, abuse, sin upon sin upon sin, greed, those with no basic rights such as health the list is endless of the atrocities western countries experience For Shariah law to be implemented the way God intended, we would need those of the calibre of our wonderful prophets, in this day and age and like Yusuf Estes said, having a Muslim ruler like that, probably not just yet, hopefully in the future. War is great to keep people away from doing what they need too and want too, scare people, divide and conquer.

Kathy 5pts

The reality of the Shariah Law is it an intricate and well developed system of judicial, social, communal, fiscal and moral laws designed to mould a person into a compassionate, freethinking and righteous human being. ...

Hasn't worked for the muslim world. It's a war ridden mess.

Ferguson 5pts

Apart from my replies above, this article did a great job in explaining the basics with a clear, honest, credible and concise viewpoint pursuant to the Quran and teachings, without confusing culture and tradition with religion, which is what a lot of people do unfortunately. I am sure the article could of been pages long, but obviously that isn't possible here, it is basically trying to write a detailed article on a case study in a legal matter in a few paragraphs, so great job on that basis. There is no compulsion in religion and as always the small group of people in the media want to control the masses so in order to do that they scare them, divide and conquer. Gods true followers have always been on the forefront, happened to Moses and his followers, to Jesus and to Muhammad (pbut). If you're sick I would hope you wouldn't just ask someone down the street what is wrong with you that you would go to the most educated credible specialist/professor who would help you in your course. Learning Islam is the same.

Ferguson 5pts

Great article, thank you for this. Gotta love the people in the photo, living such ignorant lives based on misterpretations and dillusions and hate. If their way is so great, if their law and order is so great, then they shouldn't have any crimes happen there, repeat offending happen there, so obviously they DON'T know better. Once again God bless you for putting this article together. They need to add a lot more posters in that photo, starting with remember what America has done in the past and present, and list all the lies and deciets and corruption and war they have started and been in, that would be a long list. Those in glass houses shouldn't throw rocks, even if they are uneducated twits.

SurryMuslim 5pts

Sheikh Farache, congratulations on a well-written article. I hope that your article is used by mainstream newspapers such as The Daily Telegraph to alleviate the ignorance and fear shared by many when it comes to Sharia Law.

God bless you.

Concerned 5pts

Well, all four schools of sunni jurisprudence agree on what should be done with one who "blasphemes" Muhammad: death. Other laws pertaining to "apostasy" are equally as frightening. Of course none of this will make it onto this heavily moderated site, where Islam is presented in a soft light to placate a genuinely concerned population that shudders at the thought of this outdated political system.

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