Sharia, often simplistically translated as Islamic law, is more accurately understood as a comprehensive divine ethical and moral blueprint, signifying the path to the watering place. Derived from two primary sources—the Koran (the literal word of God) and the Sunnah (the teachings and practice of the Prophet Muhammad)—Sharia provides the fundamental principles for living a life aligned with divine will. However, the application of Sharia in practice is fundamentally guided by Fiqh, which is human jurisprudence—the body of law meticulously created by scholars over centuries through interpretation and deduction.
The misconception lies in treating Fiqh as synonymous with the Koran itself. The Koran is not a legislative code; it contains broad ethical directives, specific moral commands (like prayer and fasting), and limited explicit legal boundaries. Sharia, the ideal path, is supported by the Koran, but the detailed legal systems known as Sharia Law are the result of human endeavor. To apply Sharia correctly, one must understand that Fiqh is contextual, subject to changing times, and intended to serve the higher objectives of the law: justice (’adl), compassion (rahma), and public welfare (maslaha).
In modern Islamic societies, the practice is often criticized for being rigid and flawed because it frequently prioritizes literal, centuries-old interpretations over the spirit and objectives of the Koranic text. This rigid application can lead to harsh penalties or social practices that contradict the Koran’s core emphasis on mercy and equity. The failure to reform and contextualize Fiqh for the 21st century is a key challenge, resulting in laws that often serve sectarian dogmas rather than universal justice.
This rigidity links directly to extremism and fundamentalist ideologies, which have no genuine support in the Koran’s core message. The Koran explicitly preaches tolerance, non-compulsion in religion ("There shall be no compulsion in [acceptance of] the religion"), and peaceful engagement. Extremism arises from fundamentalist sectarian dogmas that selectively cherry-pick or twist isolated legal verses, ignoring the vast ethical framework of peace, dialogue, and pluralism that permeates the holy book. These dogmas are often political and historical in nature, utilizing a narrow interpretation of Fiqh to justify violence and absolute authority.
Economically and financially, Sharia compliance promotes ethical capitalism rooted in shared risk and social responsibility. Islamic finance strictly prohibits usury or interest (Riba), viewing money as a medium of exchange, not a commodity to be sold for profit. It also forbids excessive uncertainty (Gharar) and speculative risk, promoting genuine trade, profit-and-loss sharing (like Mudarabah and Musharakah), and ethical investment in socially responsible sectors. This system aims to prevent the hoarding of wealth and ensure its equitable circulation within the community. The ideal of Sharia compliance, therefore, is an ethical corrective to traditional finance, seeking economic justice over mere profit maximization.
Ultimately, the crisis facing many Islamic societies is one of interpretation. While Sharia provides the divine standard, the flawed implementation of historical Fiqh, divorced from the Koran’s emphasis on mercy and reason, contributes to societal and political instability, allowing sectarian fundamentalism to falsely claim religious legitimacy.