Maher Hathout on Shariah

Friday, October 28th, 2011

In this interview Maher Hathout offers a very humane understanding of Shariah. He outlines the 5 principles upon which Shariah is based: preservation of life; preservation and freedom of religion; preservation of mind and intellect, including freedom of conscience and thought; preservation of lineage and family; preservation of ownership.

The fear and revulsion that some people feel toward Sharia law is due to the perception that the penalties for certain crimes seem barbaric and cruel. The over emphasis of certain aspects of the Penal Code, both in the media and in the hands of some jurists, has led to the overshadowing of the moral principles which comprise true Shariah. There is a confusion between Shariah, the path that leads to happiness, justice, and well-being, and Fiqh which is the application of shariah principles  to specific societal circumstances–applications formulated mostly by middle-aged men in the context of a patriarchal society. Fiqh is man-made not Divinely revealed. Sometimes in the quagmire of details, the essential purpose of the Law is forgotten. A fundamental principle of Sharia is the law that controls all laws:  namely, that no harm or hardship should come from the application of these laws. (more…)

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