Should Sharia Law Have More or Less Power - Research Paper Example

Should Sharia law have more or less power? Should Sharia law have more or less power 0. Introduction With the term Sharia being common in the globe today, both in the case of Muslims and the non-Muslims, there is need to analyze the concept in details. It is evident that a great percentage of the Muslims operate based on the Sharia law that mostly comes from the Quran and other sources such as the Hadith and other reliable sources. Nonetheless, it is vital to note that different people have different perceptions on Muslims and the Sharia law. This explains that a great percentage of people will term the law as invalid; others think that the law is extremely outdated and one that is extremely dictatorial especially borrowing from the countries that operate based on the Sharia law. On the other hand, Muslims are of the opinion that Sharia law nurtures humanity, allows individuals attain their potential as well as helps individuals release themselves from the strains of life. This paper will assess of Sharia law should be given more or less power. 2.0. Sharia law should have less power As seen in the research conducted by Mahmoud (2013), Sharia law should have as minimal power as possible since a great percentage of religious laws do not provide a chance for humanistic values that gives all humans a chance to enjoy equality just like other individuals. Evidently, Sharia law is a good testament of discriminatory practices since it does not give all individuals to enjy equal rights. This explains why even international actors are opposed to the law especially bearing in mind that the law incorporates high levels of discrimination on different persons especially based on their gender. A good example is that of the Sharia law discriminating against the homosexuals (Mahmoud, 2013). With this in question, it is manifest that granting Sharia law more power means that the civil and the safety rights of a group of individuals in the society will be threatened to a great extent. Additionally, any person with contrary beliefs would be indicated to demean the government operating under the Sharia law since the law does not appreciate the divergent views of different people in the society. For the case of Britain, it is clear that the society is fighting for a secular Britain due to the constraints that the Sharia law has on its followers (Mahmoud, 2013). With the law having state power in many regions around the globe, it is evident that law will continually seize the achievements of the civil society if the law is given more power. The developments achieved over the years have high chances of being overrun by the Sharia law. A notable example is the rights of the women. Based on the Sharia law, women have no rights as feminist arguments would assume (Mahmoud, 2013). As far as the Sharia Law is concerned, women are not equal to the men in any way. In terms of inheritance, marriage contracts and even custody of children, the women have no say (Mahmoud, 2013). This is a clear description of how the law can be discriminative and creates inequalities in the society. Cases of marital rape, domestic violence as well as killings have been witnessed in countries that are governed by Sharia law. In the case of Pakistan, cases of women that suffer from domestic violence are extremely high (Mahmoud, 2013). The worst part is that the husbands of these women that suffer from the violence barely face charges for their deeds. If the civil restrictions are part of the existing society run by the Sharia law, what will happen if the Sharia law is granted more power? It is obvious that the law will produce more harm than good. Sharia law discriminates against the children and even impacts their entire life. From the Islington Tribune newspaper, Amara (2012) explains how Islington girls were forced into marriage at the age of nine. This is based on the fact that under the Sharia law, children are eligible for marriage as soon as the girls begin their menstrual period; thus, the minimum age for marriage cannot be defined. In this regard, one can argue against the Sharia law since it legalizes child marriages. An important question would focus on the fact that the Sharia law does not focus on the development aspect of the individual especially the children but on the approaches that would undermine the persons in question. What would one make of the Sharia law teaching the children on how to focus on other matters other than development, how to hate their Jewish counterparts, Hindu and even Christians? The roots and mindset put on the children is not constructive in any aspect but aims at building hate among the other innocent citizens (Mahmoud, 2013). It is even worse when the curriculum questions other religious doctrines and even bans individuals from thinking and making their own assessments on certain aspects that seem contradictory such as theories of creation as described by different people in history. From these statistics, one can tell that in the event that the Sharia law is legalized, the case will be worse as far as inculcating beliefs and attitudes in the Muslim children. The non-Muslims as Asia-Pacific (2010) writes are also not spared from the effects of the Sharia law. Other sects such as the Shia also suffer from the governments that apply the rulings of the Sharia. The author continues to indicate that since the Sharia law does not force someone to convert into Islam, the non-Muslims will continually suffer the wrath of being non-Muslims. This explains why the non-Muslims are subjected to more taxes and have fewer rights as far as civic and family rights are concerned. This relates to marriage where the Muslim men cannot marry non-Muslim women. A good example of the attacks of the non- Muslims is that of Malaysia where churches were attacked. The religious tensions that exited in Malaysia can be credited to the misuse of the word “Allah” (Asia-Pacific, 2010). In as much Christians explained that they have been using the word “Allah” to mean God, the Muslims still suspect the Christians with the argument that the Christians want to convert the Muslims to their religion. This is a perfect instance of how bad the situation can be especially when the Sharia law is given more power (Asia-Pacific, 2010). The situation is even worse since the Muslims are the majority in the county; thus, use their authority to outdo the Christians and other communities such as the Asians. On another viewpoint, it is evident that the Sharia law does not provide chance for free thinking by individuals. A notable example is the fact that the Sharia law recommends death penalty for any non-believer, Scientist or an atheist (Mahmoud, 2013). Being a Muslim, Mahmoud (2013) recounts the persecutions that critical thinkers face in their daily lives. Persons that have been seen critics have been condemned in public, executed, jailed and even abused. In line with this though, one would easily question where in the world, executions are done simply because of being of a contrary opinion. Alzobier (2007) also indicates how in Sudan, such executions take place. Reports of intellectual decline ensued in Sudan in the 1980s when the Sharia law was implemented. Mahmoud M Taha, who was a great political scholar, was assassinated in 1985 with the advent of the Sharia law (Alzobier, 2007). This is a case of Muslim supremacy and rule of the Sharia law. A world that will be filled with such uncertainties is one that will bear no fruits but create more problems for its followers. This argument invalidates the thought that Sharia law should be given more power. The Ireland: Refugee Documentation Centre (2012) reports on how death penalty has been imposed on individuals that have been found guilty for apostasy. In my assessment, I believe that this is a deprivation of life in unlawful ways since religions have varied interpretations based on an individual’s understanding. With Iran operating under Sharia law, apostasy has been termed as a crime under the law and is clearly defined under the Islamic code. In a world where people are forced to renounce their faith, is it possible for development to exist in that world? In this case, therefore, it arguable that the Sharia law needs not be made more powerful than it is at the moment. The Human Rights Watch (2011) also reports on how a Christian pastor was charged with apostasy and has chances of facing possible execution. One can tell the level to which the Sharia law can go to impose forceful and unfair regulations to its subjects. 3.0. Sharia law should have more power As seen in the Mail Online, Webb (2014) is of the opinion that the Sharia law needs to be incorporated in the British Legal system since Sharia law as the Muslims need to be well represented in the legal system. Sharia law has been credited for giving a clear path that the Muslims need to follow through adherence to set terms and conditions. Through divine guidance, the supporters of the Sharia law indicate that the divine law regulates the life of the individuals based on what they need at specific times (Webb, 2014; MacEoin, 2009). Through the law, it is possible to regulate the behavior of humans, since the law covers a great percentage of the aspects of human life ranging from marriage, divorce, penal code and business dealings. In this light, the Sharia law needs to be given more power so as it philosophies can be used to run the societies. On a lighter note, Sharia law needs to be given more power on the grounds that the law has its followers have their rights, and it is only fair to allow them enjoy their rights and privileges (MacEoin, 2009). It is factual that there is a constant struggle to balance human rights and the law. However, this does not mean that Sharia law is the issue since the interpretations and the myths related to the laws are the ones that create forms of injustices that are linked to Sharia law. An education on the doctrines of the Sharia law would help reduce the myths about the Sharia law and even give the society a chance to evaluate the strengths of the Sharia law. Abu-Lughod (2013) explains that the Muslim women need no saving as the common misconception of the women suffering under the Sharia law. This is based on the argument that the Sharia law on the women is a different matter from feminism and even democracy. This argument explains how the Islam religion has its own set guidelines and that adherence to the same would lead to fewer consequences on the followers of the religion and law. 4.0. Conclusion In conclusion, it is evident that points against giving Sharia law more power outdo the points for giving Sharia law more power; thus, leading to the argument that Sharia needs to remain as it is. From the piece, it is apparent that the governments that operate in the Muslim world and under the Sharia law are constantly at war. The search for peace is still an ongoing effort. The number of crisis in these countries cannot be exhausted. In the event that the Sharia law is given more, there is high likelihood that a lot of injustices will take place, ranging from executions, discrimination and even public torture. Ranging from the application of the law in religions settings, the family, and property and in business, it is clear that the effects of the same are so severe. The women, for instance suffer a great deal since the law continues to place them as objects below the men, while the children have no rights especially the girl-child that is normally at the mercy of the law. In this context, it is clear that the Sharia law has more disadvantages than merits. The law can even be termed as unconstitutional based on the deprivation of rights such as life, liberty, expression and even equal treatment in law cases. References Abu-Lughod, L., 2013. Do Muslim Women Need Saving? Harvard: Harvard University Press. Alzobier, A., 2007. The Intellectual Degeneration in Sudan. Retrieved from http://www.sudantribune.com/spip.php?page=imprimable&id_article=21140 Amara, P., 2012. Islington girls forced into marriage at the age of nine. The Islington Tribune, 27th January, 2012. Asia-Pacific., 2010. Malaysia men guilty in Allah row church attack. BBC News, 13th August, 2010. BBC News., 2010. Malaysian churches fire-bombed as Allah row escalates. Retrieved from http://news.bbc.co.uk/2/mobile/asia-pacific/8447450.stm Human Rights Watch., 2011. Iran: Christian Pastor Faces Execution for ‘Apostasy’. Retrieved from http://www.hrw.org/print/news/2011/09/30/iran-christian-pastor-facesexecution-apostasy Ireland: Refugee Documentation Centre., 2012. Iran: Reports of convictions for apostasy in Iran within the last 5 years. Retrieved from http://www.refworld.org/cgi-bin/texis/vtx/rwmain?docid=50571e162 MacEoin, D., 2009. Sharia Law Or one Law for All?’. London: Civitas. Mahmoud, N., 2013. Here is why Sharia Law has no place in Britain or elsewhere. London: National Secular Society. Webb, S., 2014. Sharia law to be enshrined in British legal system as lawyers get guidelines on drawing up documents according to Islamic rules. Mail Online, 23rd March 2014. Read More