Understanding Sharia Law

Sharia Law can be hard to understand—for many reasons. Sharia law, which governs virtually every aspect of life for any observant Muslim, is vast, complex and flexible. Sharia Law, (sometimes called Shariah Law) derives from the Quran and the Sunna (holy books) and also from legal opinions derived from a consensus of scholars and jurists. The scope of the subject matter alone makes the mastery of Sharia law challenging.

Another source of confusion is the political and emotional impact of Sharia which is largely fueled by fear, prejudice and misunderstanding. In the United States and elsewhere in the world there are many individuals and groups who are stridently Anti-Sharia Law because they believe there is danger in allowing Shariah law to encroach on the law of the land.These fears are unfounded because this cannot happen and nobody is even asking that it ever happen. Shariah law will never supplant the American legal system in any way.

Here's a simple example. A man comes from a foreign land where Sharia law allows him to have more than one wife. He moves his family to the United States. But once here, he can no longer have multiple wives because he can't be allowed to violate the law of the land – end of story!

If this is the case, why are the services of a Sharia law expert important to the American court system?
Because we live in a global village issues such as marriage, finance and commercial transactions are constantly crossing borders. American courts, therefore, regularly interpret and apply foreign law — including Islamic law — to everything from the recognition of foreign divorces and custody decrees to the validity of marriages, the terms of an Islamic finance deal, the enforcement of money judgments or the elements of damages in a commercial dispute or a tort action.

Another reason why Islamic law expertise is important is that the Muslim American population in the United States is currently around 8 million and growing. These are patriotic American citizens who a law abiding but who also want to follow the religious teachings of Sharia because not everything in Sharia violates American law.

How a Sharia Law Expert Can Help

An American lawyer who understands both the law of this country and the laws and customs of Sharia, can be invaluable in providing legal advice and consultation to resolve legal matters so that both the American legal system and Sharia beliefs are respected.

As with the marriage example, above, many cases requiring the service of a Sharia Law expert are in the areas of international family law and divorce. But a Sharia law expert can also provide valuable assistance to the Muslim community in other areas as well:

  • Sharia expert witness and report writing: a Sharia law expert can provide expert testimony or a written report to help lawyers and judges to make the best legal decisions
  • A Sharia-knowledgeable lawyer can be invaluable in deciding matters of commercial and civil laws in Muslim and Arab countries.
  • Resolution of difficult child abduction cases can be greatly facilitated by the services of a lawyer who understands the laws of all countries involved and the law of Sharia
  • Islamic Inheritance law and the creation of trusts and wills is another important where a Sharia law expert can be invaluable.

To discuss your special requirements for a Sharia Law expert please call Abed Awad at .877.ARAB.LAW (1.877.272.2529) or 201.462.9500 or fill out this short form.