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Diversities of Sharia’s Problems in Muslim Societies

These articles aim the problems and issues that currently exist in the present communities of Muslims.

Introduction

Muslims are approximately 25 percent of world’s population. Beside South Asia and North Africa regions that were the primary Muslim societies, Islam is followed by a wide range of people in various and numerous present-time countries, who consider themselves attached to a great family called “Umma”, as a Quranic term. Muslims consist the majority in some countries, even rarely they have obtained the authority and governed them; Although, they have formed a society alongside other religions adherents societies to have the efficient role within several countries or have tried to live as a minority in rest cases. Additionally, Muslims are the fastest-growing religious group in the world; According to latest population surveys findings, one out of three children born from 2010 to 2015 were Muslim. Also, assessments estimate that babies born to Muslims are expected to outnumber those to Christians by 2035.

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Apart from theological discrepancies of Islamic sects and diversities of faith details among the Muslims societies, believe in Sharia and consideration of its application in daily life is the primary feature of being Muslim. Sharia literally refers to the way and manner of right living which was instituted in Quran and the Prophet Muhammad’s teachings and encompasses a whole range of behaviors and faith practices. Therefore, Sharia plays the fundamental role in individual or collective living of Muslims and it seems to ignore of that might cause to defect of faith and being separated from Islam. Although, it is highly recommended to make a distinction between Sharia — as the God’s immutable and everlasting divine law — and Fiqh — that is composed of human scholarly interpretations of Sharia alongside the time. Fiqh, the Sharia law, like the canon law of the Catholic Church or Jewish religious rules and practices, called Halakhah, consists a series of legal codes and moral guidelines for practitioners of the faith which are dissimilar, based on the diversity of interpretations of the Sharia formed in dissimilar places and sequential periods.

In the 19th century, many Muslim countries came under the control or influence of Western colonial powers. As a result, Western-style laws, courts, and punishments began to appear within the Sharia. Some countries like Turkey totally abandoned the Sharia and adopted new law codes based on European systems. Most Muslim countries put the government in charge of prosecuting and punishing criminal acts. In the area of family law, many countries prohibited polygamy and divorce by the husband’s repudiation of his wife. Modern legislation along with Muslim legal scholars who are attempting to relate the will of Allah to the 20th century have reopened the door to interpreting the Sharia. Since 1980, some countries have attempted to reverse the trend of westernization and return to the classic Sharia. But most Muslim legal scholars today believe that the Sharia can be adapted to modern conditions without abandoning the spirit of Islamic law or its religious foundations. Even in countries like Iran and Saudi Arabia, the Sharia is creatively adapted to new circumstances.

Considering the growing trend of Islam’s expansion around the world, the adaptation of fiqh to the new circumstance and the influx of various cultures and material conditions is unavoidable to protect the sharia. Nowadays, On one hand, the political power is supported by Sharia in some Islamic Governments and on the other hand, Sharia is the vital constituent — to form the family relationships and make an identity for their Muslim population — and controversial issue — in contrary of dominant authority and the other minorities — in Muslim-minority countries. Furthermore, talking about Sharia is in progress among the ongoing debates all around the world as to whether sharia is compatible with secular forms of government, human rights, freedom of thought, and women’s rights. Hence, it seems crucial to be informed about divergent discourses of Sharia and the problems are followed by this diversity.

What would be focused on following articles is an overview on multifariousness of sharia’s understanding and problems among the Muslims communities around the world. We would not consider the history and traditions of any Muslim community in various lands and countries, although we aim the problems and issues that currently exist in the present communities of Muslims. Apart from the advantages of knowing Muslims problems about Sharia in each part of the world and promoting the scholars to deal with them, this can be a vivid example for the holy Quran advise that say: “O people! We created you from a male and a female and made you races and tribes, that you may know one another. The best among you in the sight of God is the most righteous. God is All-Knowing, Well-Experienced.” (Qur’an, 49:13).

AsiaMiddle EastSaudi ArabiaIraq & SyriaCentral AsiaIndiaChinaSE. AsiaMalaysiaIndonesiaW. EuropeUKSE EuropeRussiaN. AfricaSub-Saharan AfricaN. AmericaUSS. AmericaAustralia & Oceania

Asia

Muslims in Asia

Islam is currently the largest religion in Asia followed by Hinduism and this continent is home to the largest Muslim population, about 1.1 billion (62% of the world’s Muslims). The spread of Islam outside of the Arabian peninsula and Middle East region has the highest percentage of Muslim-majority countries, and into other parts of Asia can be linked to the extensive trade routes connecting West Asia to China. Throughout history, Muslim cultures of Asia have been diverse ethnically, linguistically and regionally.

The centrality of sharia in the Islamic societies of the ancient continent does not necessarily correlate with the size of the population and the ethnic dispersion of Muslims in different countries and regions. Although Islam historically has come to be found among Arab peoples, the Muslim majority or the recognition of Islam in the community is not specific to Arab countries, and in some cases, like Lebanon and the United Arab Emirates, Muslims account for just over half of the Arab population make. Conversely, Muslims from the majority of the population are among the many non-Arab countries (including Iran, Afghanistan, Turkey, Maldives and Azerbaijan). In addition, the comparison between the number of Muslims in China and India, which has populations of 50 and 200 million Muslims, is with small countries in which Muslims form the overwhelming majority of the population, suggesting a variety of issues and discourses that the number of Muslims in a community, as well as their share of the total population, is relevant. In other words, there must be a difference between the relationships, needs and concerns that exist among the “Vast Minorities” and “Muslim Minorities in Asia” in relation to the Sharia. If the enjoyment of religious freedom and the elimination of discrimination is a first-class issue (Muslim vast minorities), the effort to include the provisions of the Sharia in the official law of the country is certainly among the concerns of the second type (Muslim small majority), and thus, in addition to the element of number and The population, the proportion of Muslims to other groups in a community, also contributes to the formation of their collective identity, and forms part of a wide variety of Islamic communities throughout this vast continent.

Modern discourses and topics such as women’s rights, religious-religious tensions, democracy and religious freedom, extremism and terrorism constitute other dimensions of the cultural diversity of Muslim Muslims in Asia. At least half of the Muslims in some Asian countries (67% in Egypt and the same in Tunisia, 68% in Iraq, 78% in Indonesia) reportedly worry about the activity of extremist religious groups, according to the Pew Research Center on Muslims in the world in 2013, Concerned over radical Muslims over Christian extremists is reportedly worse in their country. Also, while there is an agreement among Muslims around the world about the immorality of some behaviors such as homosexuality, suicide, abortion, euthanasia, and alcohol consumption, there is a marked difference between Asian Muslim societies about some things like polygamy, divorce, control of the population as well as women’s rights. Although nearly half of the Muslims in Occupied Palestine and Malaysia in the westernmost and easternmost parts of the continent of Asia consider polygamy as morally acceptable, more than 60% of Central Asian Muslims, This is opposed, while the percentage of opposition to polygamy in the drawer Other, covers the whole range of different opinions. However, in some cases, such as women’s rights, it seems that there is a great deal of similarity among Muslims in Asia (as compared to other parts of the world). For example, 93% agree in Southeast Asia, 70% in Central Asia, 88% in South Asia, and 87% in the Middle East, with the idea that they should comply with her husband’s choice of female dress.

Political conditions governing Islamic societies and their position towards the West are also effective in a variety of Sharia discourses; although, according to previous polls, there are different perspectives on the role of religious leaders in society and their impact on political issues. In a general estimation, regardless of the countries in which the majority Muslims are in government, there are significant minorities in different regions of Asia (37% in Jordan, 41% in Malaysia and 53% in Afghanistan) by taking on major political roles by religious leaders Agree. In the end, one must point out the challenges among the followers of the Islamic sects, and its significance in the diversity of sharia discourses on the continent of Asia, along with attempts to identify Muslims against rival and secular groups.

Middle East

Muslims-in-Middle-East

The term “The Middle East” derived from a European perspective and for some it refers to the area bounded by the Mediterranean sea, the Arabian Peninsula and the Taurus and The Zagros Mountains. For others, it refers to Egypt, Arabia, and the Persian Gulf States. Others use the term as a synonym for the Arab world, sometimes including Turkey and Iran. However, it seems the “Middle East” refers to the regions were the primeval states of Islam.

People often assume that the Middle East is comprised solely of Arabs and that the three Abrahamic faiths are the only religions to be found in the region. But in fact, there are many more ethnicities and religions in the Middle East: some of these include Turkics, Kurds, Armenians, Azeris, Assyrians, Turkmens, Persians and different Bedouin communities whose origins reside in African and Asiatic countries. Similarly, Zoroastrian, Bahá’í, and Yazidis are some of the religions to be found in the Middle East today, in addition to Judaism, Christianity, and Islam (in their many branches and traditions).

In spite of this diversity makes the strong cultural backgrounds for nations of Islam in the middle east, the original split between Muslims has widened to encompass social, political and theological differences. The main underlying beliefs and principles of Islam remain the same in both the Sunni and Shia streams. However, the challenges and conflicts between Shia and Sunni Muslims in Iraq after US militarian attack and the fall of Saddam increasingly spread the religious, social and political variances to Iran, Lebanon, Syria, and the other Muslim nations and redouble the violence. Similarity, mainstream Muslims, Sunni, and Shia, do not accept some of these groups as Muslim. In Pakistan, for example, the government has declared that the Ahmadis – who believe that their founder, Mirza Ghulam Ahmed, was a prophet after the death of Muhammad (PBUH) – are non-Muslims, despite the fact that the Ahmadis themselves identify as Muslims. The story of Muslim diversity is an intensely complex one which has sometimes led to conflict and violence. On the one hand, there is the desire and push to homogenise Islam and bring consistency and consensus among all Muslims. On the other hand, there are real differences in how Islam is interpreted and practised. This dilemma appears endemic to most religions and can be seen in Christianity for instance, following the split between Catholics and Protestants.

The evolutions based on the West interfering that occurred in the Middle East over the course of the 20th, more than any other factor, generally made the current circumstances of the middle east Muslim communities. Events and implications of the occupation of Palestine and the announcement of the existence of Israel supported by the United Kingdom, as well as political interference in Iran in order to benefit from the economic benefits of the new discoveries of oil during the Cold War on the part of the United States which ultimately led to the 1979 revolution Iran, in the years to come, provided an enabling environment for the emergence of nationalism and fundamentalism. Western interventions after this period have always been a growing factor for sectarian challenges among Muslims in the Middle East. This process, with the direct US military operation in Afghanistan and then in Iraq, reached a stage when, after the political change called the Arab Spring, the phenomenon of “ISIS” came to a halt, a crisis that could be confronted with an allusion to Arab nationalism. Shi’a and Sunni, as well as international terrorism. On the one hand, ISIS’s experience, on the one hand, contrasts with the traditional forms of efforts to revive and enforce the Sharia in the Middle East, which Saudi Arabia and Iran represented in the dual Sunni and Shiite delegates, and on the other hand, influenced by the effects of globalization, Ignoring the boundaries of the climate and cultural capital. Consequently, irrespective of the devastation and consequences of the violence that arose in a large part of the Middle East, ISIS’s rise and fall created new challenges in the development of Sharia discourses and the forming and supporting ideas of Islamic societies.

Taken together, and given the fact that most of the Middle Eastern countries have a Muslim majority, political and political conflicts can be considered as a decisive element in the Sharia discourse and a key factor in the developments in the region, including the continuation of religious unrest and violence in Afghanistan. And Pakistan, the continuation of political rule of Islam in two opposing faces of Iran and Saudi Arabia, the emergence of ISIS and the emergence of a new wave of terrorism in Syria and Iraq, political integration and multilateralism in Turkey, and finally the challenges of Islamists and rival forces in shaping the future of Egypt.

Saudi Arabia

Muslims-in-Saudi-Arabia

Saudi Arabia is the birthplace and life of the Prophet and the incarnation of Islam, and is also a country that is most sensitive to the application of Sharia law in the absence of the customary civil system, in such a way that the laws of the Sharia can be considered as the constitution Country. They are now whimsical with Saudi citizens as well as the majority of foreign nationals working or residing in this Muslim country.

Sharia law is obligatory in Saudi Arabia, and this is compelled by the government and by a special force called “muṭawwiun”. The pursuit of law-makers and the execution of religious punishments, including arresting, scourging, imprisoning, and killing them are one of the responsibilities of this religious police. The scope of compulsory adherence to the religious law of foreigners also encompasses the number of foreign offenders crammed during the year, which is higher than the number of Saudi citizens. Also, non-Muslims will not be allowed to perform their religious rites in Arabia, where Islam is the only sacred and permitted religion. None of the manifestations of other religions, such as churches or Christmas, cannot be present in Saudi Arabia, and all people should eat halal food and observe the limits of Ramadan. Despite these conditions, while the change in the religion of Saudi citizens leads to a religion other than Islam punishable by death, the Saudi government broadly supports the spread of Islam in other countries and the conversion of other followers of religions to Islam and is backed by financial resources Oil-sourced from many mosques and schools throughout the world, including the United States.

Regardless of the extent and severity of Sharia laws in Saudi Arabia, some restrictions apply to women who have often been seen as cultural but seen from sharia law. Except for the hijab and the traditional type of traditional cover, women are almost men in guardianship, and in spite of the lack of statutory writing, in practice every woman has to perform a large part of social affairs, such as traveling, getting a passport, marriage, and divorce, and signing a contract, one “Wali” that is father, brother, uncle or spouse; it is almost impossible for women who have been victims of domestic violence or abusive practices, despite the adoption of new restrictions, such as the need to allow a university to go to university, or to abolish employment or surgical procedures. Sexuality can regulate a complaint even against them without the consent of their legal guardian And keep track of it. Except for men’s legal guardianship, women in Saudi Arabia are faced with a wide range of restrictions on the use of public services, the enjoyment of citizenship rights and identity papers, marriage, divorce and family rights, educational and employment opportunities, driving and office positions. In recent years, significant efforts have been made to reduce them, either from civilians or from the government. Today, Saudi women, especially teenagers and young people, are looking for new ways of living that keep their belonging to modernity and national identity and develop as much as possible.

The balance between the religious wing (which in particular represents Wahhabism and Salafi thought in Islam) and the political faction (which has placed power and economy in the hands of the Saud dynasty) is the focus of stability in Saudi Arabia. Creating a vision of Saudi Arabia in 2030 and the subsequent commands of the new ruler, Prince Mohammed bin Salman, have raised many questions regarding the future of the traditional Muslim community in Saudi Arabia. The policy of “returning to moderate Islam”, which has recently been at the mercy of the government and has led to developments in the application of Sharia law in relation to non-Muslims and women, is completely different from the traditional traditional approach. Although there is still no visible response from the religious wing of Saudi Arabia (which is known as irrational, at least in the field of theology and righteousness), the shift in government policy in the eyes of conservative scholars and religious and judicial authorities in this country seems challenging.

In Saudi Arabia, due to the annual gathering of Muslims around the world at Hajj ceremonies and the long history of this land in Islamic history, there was always a sense of unity and centrality, and Sharia discourse has never been overlooked. Regardless of the societal and modernizations that are taking place in this country, the question of the relation between this role and the long-standing feeling of new developments is the most important issue in the contemporary Saudi discourse.

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Australia & Oceania

Muslims-in-Australia

In Australia and the Oceania, which is the smallest continent in the world, there are significant minorities of Muslims who are estimated to be around 1.5% of the total population of the continent and 0.03% of the world’s Muslim population. Most Australian Muslims are Asian immigrants, and among them, except for followers of the two main sects, there is a community of Ahmadiya, Ibadīya, Dorozian and a group of Sufis. “Hizb ul-Tahrir” and “Ahl al-Sunnah and al-Jama’ah” are two well-known political organizations in Australia, and various financial institutions operate with the aim of establishing an economic mechanism compatible with the Sharia and Zakat administration.

Despite its religious diversity and the presence of the majority of Christians in Australia, it is a secular democracy, and, despite the Muslim minority’s lack of religious freedom, there is no place for the formal implementation of Sharia law in Australia. Although it is desirable for the Australian Muslims to establish a dual legal system (such as Singapore and India) that allows for the implementation of the Sharia law, any claims in this respect have so far been unresponsive. Some Muslim groups like the “Sharia for Australia” are demanding full implementation of Islamic law, but Australian authorities have repeatedly emphasized the conflict with the principles of democracy and the secular nature of the government. Contrary to a number of similar countries like India, Malaysia, Papua New Guinea, and even New Zealand, where the policies governing British colonies have recognized the different laws of ethnic groups, Australian laws have always been completely monotonous. For example, Article 116 of the Australian Constitution discriminates between the religious and civilian constituencies and prohibits the establishment of any independent legal system based on religion or compulsion for any religious obligation and the prevention of religious freedom. Thus, despite the opportunities and freedoms of individual and group life of a Muslim minority in the country, their challenge to civil law is not unexpected.

In general, there are two contradictory views on the status and future of Muslim communities in Australia. The first point that has been influenced by the atmosphere of Islamophobia in the media, with the assumption of the opposition of Islam to Western culture, is to evaluate any social presence of Muslims as dangerous. The viewpoint of Islam is consistent with other cultures and social systems, but racism or discrimination is a source of tension between Muslims and the Australian community. According to this view, all or a large part of the problems of Australian Muslims is due to factors outside their communities. Although there is an intermediate approach, it can be argued that, despite the misunderstandings and misconceptions about Islam and the negative propaganda against it, some Muslims tend to find grounds for withdrawal and isolation from the divide between the civil law of the secular society and the laws of the Sharia. It is in this context that the role of Muslim leaders and scholars in confronting the secular government and explaining the Sharia’s position seems to be decisive in this situation, which may well be the case in the new study of “minority jurisprudence” which examines the status of Muslim minorities outside Islamic regimes There are good answers to that.

Regardless of the theoretical debate about the possibility and extent of the implementation of the law among the Australian Muslims, challenging issues in the areas of culture, economics and lifestyle are still under way, and the shadow of the notion of “loyalty” to Australia is heightened. According to the Scanlon Foundation, most Australian Muslims enjoy the highest levels of membership, and 75% of them are satisfied with living conditions in Australia. Nevertheless, concerns about their social and occupational ties have been reported; the isolation from the disclosure of religious identity and the fear of receiving the title of terrorist in the workplace or in education, including those concerns, are mentioned. Also, a significant number of parents are concerned about discriminatory attitudes towards their children, while they are smaller than the concept of such behaviors.

In Saudi Arabia or Australia, adherence to the laws of the Sharia will help Muslims adopt practices that are in keeping with their beliefs in their everyday lives. This fact is limited for the Australian Muslims to the individual sphere of their lives.

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