There are three foundational issues or three divisions that I should say that Sharia fits into, one is penal law of course and that is what gets all the attention, there's two countries in the world right now that actually have a Federal mandate to enact penal law according to the Sharia, that's Saudi Arabia, and Iran.
Mark DurieSome people in the west have responded to the terrorist attacks by trying to look for everything that is positive in Islam. I think that was a strong response after 9/11, was to try to reach out as positively as possible.
Mark DurieThere's really no such thing as just Sharia, it's not one monolithic Continuum - Sharia is understood in thousands of different ways over the 1,500 years in which multiple and competing schools of law have tried to construct some kind of civic penal and family law code that would abide by Islamic values and principles, it's understood in many different ways.
Mark DurieWe must recognise - both Muslims and non- Muslims, that the Koran is a text. We need human engagement with that text, so we have to understand that the rulings and the legal rulings are produced are channelled through the human mind, it's an interpretive act of a human being engaging and interacting with a text producing legal results. Because of that it's susceptible to flaws, it is not perfect. Nobody has perfect access to the divine will.
Mark Durie