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Shariah Laws in the Rashidun Caliphate (632–661 CE)

1. Sources of Law

  • Quran
  • Sunnah of the Prophet Muhammad
  • Ijma (consensus)
  • Ijtihad (independent reasoning when needed)

Applies to:

  • Muslims fully
  • Non Muslims in public law and governance matters, but not in their personal religious practices

2. Religious Obligations

Muslims:

  • Five daily prayers obligatory
  • Zakat compulsory
  • Fasting in Ramadan obligatory
  • Hajj required if able

Non Muslims:

  • Not required to perform Islamic religious duties
  • Allowed to practice their own religion

3. Apostasy and Belief

Muslims:

  • Apostasy considered a punishable offense
  • Often treated as rebellion in early practice

Non Muslims:

  • Not subject to apostasy laws for remaining in their religion
  • Conversion out of Islam after accepting it fell under apostasy rulings

4. Criminal Law (Hudud)

Muslims:

  • Subject to hudud punishments under strict conditions
    • Theft punished by amputation
    • Adultery punished by stoning or lashes
    • False accusation punished by lashes
    • Alcohol punished by lashes
    • Highway robbery punished severely

Non Muslims:

  • Generally subject to state criminal law for major crimes
  • In some cases allowed their own legal rulings in personal matters
  • Hudud could apply depending on case and court authority

5. Sexual Conduct Laws

Muslims:

  • Sexual relations outside marriage prohibited
  • Same sex acts considered punishable
  • Modesty laws including hijab applied

Non Muslims:

  • Governed by their own religious laws in private matters
  • Public violations could be subject to state law
  • Not required to follow Islamic dress code

6. Judicial System

Muslims:

  • Tried in Islamic courts under qadis
  • Quran and Sunnah used as primary sources

Non Muslims:

  • Could bring cases to Islamic courts
  • Often allowed separate courts for personal and religious matters

7. Family and Personal Law

Muslims:

  • Marriage contract required
  • Mahr mandatory
  • Divorce permitted
  • Polygyny allowed up to four wives
  • Inheritance fixed by Quran

Non Muslims:

  • Governed by their own religious laws in marriage and divorce
  • Inheritance handled within their communities

8. Economic Laws

Muslims:

  • Zakat obligatory
  • Riba prohibited
  • Trade regulated under Islamic law

Non Muslims:

  • Paid jizya tax instead of zakat
  • Allowed to engage in trade
  • Not bound by all Islamic financial restrictions in personal dealings

9. Governance Principles

Muslims:

  • Participated in political and administrative system
  • Leadership expected to follow Islamic law

Non Muslims:

  • Not typically part of highest political leadership
  • Granted protection and rights under state authority

10. Non Muslim Subjects (Dhimmi System)

Muslims:

  • Paid zakat
  • Obligated to military service

Non Muslims:

  • Paid jizya tax
  • Exempt from military service
  • Guaranteed protection of life and property
  • Allowed religious freedom with some public restrictions

11. Military and War Laws

Muslims:

  • Required to follow rules of warfare
  • Participation in military service expected

Non Muslims:

  • Not required to serve in military
  • Protected as non combatants if not participating in war

12. Public Morality

Muslims:

  • Required to follow Islamic moral code
  • Encouraged to promote good and prevent wrongdoing

Non Muslims:

  • Not required to follow all Islamic moral rules privately
  • Public order laws still applied

13. Legal Flexibility

Muslims:

  • Subject to ijtihad based rulings when needed

Non Muslims:

  • Affected by general state decisions
  • Allowed autonomy in personal matters where permitted
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