Similarly, if a thief could prove that he/she only stole due to need, then the Muslim society would be collectively responsible and the imposition of hadd penalty would be lifted. Likewise, to be penalized for adultery, the couple has to be actually witnessed performing the physical act by four people who could identify the two people clearly and without doubt. A retributive punishment may be averted if the aggrieved party is willing to accept blood money or to forgive which is always considered to be the preferable path to take. Indeed, to forgive when one has the right to take revenge is the ultimate form of mercy, and moreover, God reminds us repeatedly in the Quran that while He is Just, He is first and foremost Most Forgiving and Merciful. 

It is important to note that culture and religion often become conflated and there is a tendency to equate cultural orientations with religious practices. For example, foot binding was performed on young girls in China for over ten centuries. However, in no way do the religions of Buddhism or Taoism permit such a practice. Accordingly, honor killings, forced marriages, the imposition of a certain dress code, etc. are antithetical to the basic teachings of Islam. Moreover, vigilantism or taking the law into one’s own hand leads to social decay and undermines the rule of law that is essential to safeguard the fabric of a society. 

Concerning family law and the Shariah, Muslim women may seek divorce for grounds such as physical or mental abuse, adultery, abandonment, and so forth. Additionally, they may demand a divorce if they were forced into marriage by their parents or due to social pressure of any sort. Indeed, Prophet Muhammad annulled such marriages during his lifetime. With regards to custody of children, Shariah permits parents to decide with whom the children will stay. If they are in disagreement, they may allow the courts to decide for them. In general, however, mothers are preferred as the primary caretakers for young children, and fathers are required to provide for the children’s maintenance.

The issue of inheritance is more complicated. The Quran does state that the inheritance of a woman is half that of the man. However, this verse is misunderstood and taken out of context. This same verse upon a careful reading allows for women to inherit more than men on some occasions. Furthermore, a woman’s inheritance is lesser due to the fact that she is not obligated to spend her money on her family and for the maintenance of the household. This is a responsibility given to the man. In essence, a woman’s money that she earns or acquires through inheritance is hers to keep. Finally, noteworthy is the fact that women could not inherit property independent of their husbands in western civilization up until the 18th century. For instance, when Thomas Jefferson wrote in the Declaration of Independence the famous words “all men are created equal,” his wife Martha could not vote, purchase property, or inherit up until much later. Yet, over fourteen centuries ago, the Quran and Sunnah under the auspices of the Shariah granted a multiplicity of rights and responsibilities on a wide range of activities and affairs.

Far from being backwards and arcane, the Shariah continues to be the most progressive codification of laws when understood and implemented properly. In fact, to describe the Shariah as merely being a set of laws is in itself a gross oversimplication since the Shariah encompasses the totality of one’s existence. From the Islamic point of view, it is the best attempt of humankind to live a life where human actions are in accordance with the Divine Will.

Anecdotes:

When the people of his tribe wanted pardon for a wealthy woman who was convicted of theft, Prophet Muhammad responded to their pleas thus: “O people, those who have gone before you were destroyed because if any one of high rank committed theft amongst them, they spared that person. And if anyone of low rank committed theft, they inflicted the prescribed punishment upon that person. By Allah, if Fatima daughter of Muhammad, were to steal, I would be the first to impose the prescribed punishment.”

Umar, the second Caliph of Islam, was renowned for his justice. Any of his subjects could readily approach him with a question or a complaint. He also used to walk through his city in the cover of darkness to check upon the welfare of his subjects. Once, when he tried to put a cap on the dowry given to women upon marriage, a woman stood up and protested using a Quranic verse as support to sustain her claim. He recognized his mistake and responded, “The woman is right and Umar is wrong.”

When the third Caliph Osman sued a Jewish subject in court for stealing his armor, the Caliph lost the case because the judge dismissed his two sons’ testimonies as invalid due to their direct relationship to him.