Islamic Background

In 1992 Islam had over 1.250  billion adherents worldwide(5). With the present rate of population growth it is expected that Muslims will increase to 2.5 billion in the year 2020(6).

Islam is a comprehensive system that regulates the spiritual as well as civil aspects of individuals and communal life. Instructions which regulate everyday activity of life to be adhered to by good Muslims are called Sharia. The primary sources of Sharia in a chronological order are the Holy Qur'an, believed to be the very word of God; the Sunna and Hadith, the authentic tradition and sayings of the Prophet Mohammed developed by jurists over time; the unanimous opinion of Islamic scholars or Aimma (Igmaah); and finally analogy (Kias), the intelligent reasoning by which to rule on events the Qur'an and Sunna did not mention by comparing them with similar events already ruled on. The secondary sources of Sharia include Istihsan, the choice of one of several lawful options as most suitable in a given situation; views of the Prophet's companions; current local custom if lawful; public welfare; and, finally, rulings of previous divine religions if they do not contradict Islamic rulings.

If an instruction on a certain issue is mentioned in Qur'an, it is the one which should be followed. Sunna is resorted to if the issue is not mentioned in Qur'an. The opinion of Aimma is the source of Sharia, if the issue is not mentioned in either Qur'an or Sunna. Finally religious leaders can decide the Sharia for issues not mentioned in Qur'an, Sunna or by Aimma simply by analogy.

The Sharia is not rigid or fixed except in a few legislations such as worship, rituals, and codes of mortality. It leaves attitude to adapt to emerging situations in different eras and places. It can accommodate different honest opinions as long as they do not conflict with the spirit of its primary sources, and are directed to the benefit of humanity(7). The Sharia classified all human actions without exception into one of five categories, namely obligatory, recommended, permitted, disapproved but not forbidden, and absolutely forbidden. Even if the action is forbidden, it may be undertaken if the alternative would cause harm. Moreover, what is forbidden today may become allowed in the future, if it proves that the alternative would be harmful to human beings.

The development of the science of Fiqh (jurisprudence) resulted in the establishment of certain guiding principles to help to drive rulings. There are several examples which show the role of Fiqh such as : harm should be removed, the choice of the lesser of two harms, and the public interest takes priority over enjoying benefits. The goals of Sharia' can be summarised in the preservation and protection of self (life, health, procreation, ... etc), mind (prohibition of alcohol, drugs; freedom of thought, etc), religion (freedom of faith, non compulsion in religion, rituals of worship, etc), ownership (sanctity of private ownership, legitimate commercial relationships, prohibition of stealing, fraud and usury, etc) and honour (purity, marriage and laws of family formation and chastity)(8).