Islamic Law

Contents:

  • Sharia Law — Muslims for Progressive Values
  • Sharia Law
  • Nature and significance of Islamic law
  • Islamic Sharia Law

    • The rest of Nigeria has a mixed legal system of English common law and traditional law. The legal system of Senegal is based on French civil law. It has a common law system influenced by customary law. Sharia was adopted in Sharia has been declared the chief source of all legislation in Sudan's , and Constitutions.

    Islamic law is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Islamic law to matters of succession in communities that generally follow Islamic law in matters of personal status and inheritance. Unlike mainland Tanzania, Zanzibar retains Islamic courts. It has a customary law system. Tunisia has a long secular tradition with a legal system based on French civil law. The Law of Personal Status , considered a reference in secular family law across the Arab world, bans polygamy and extrajudicial divorce.

    Sharia courts were abolished in Sharia law is explicitly banned in Quebec , Canada , upheld by a unanimous vote against it in by the National Assembly of Quebec , [71] while the province of Ontario allows family law disputes to be arbitrated only under Ontario law. The country has a common law system. The country has a civil law system. In the United States, various states have outlawed sharia, or passed some form of ballot measure which "prohibits the states courts from considering foreign, international or religious law. Criminal law in Afghanistan continues to be governed in large part by Islamic law.

    The Criminal Law of September codifies sharia, and retains punishments such as the stoning to death of adulterers. However virtually all courts, including the Supreme Court of Afghanistan , rely on Islamic law directly. The government is declared to be secular in the constitution. Article 2 of Bahrain's Constitution as originally adopted, as well as after February amendment, declares Islamic Sharia is a chief source of legislation.

    It applies only to Sunni Muslims; there is no codified personal status law for Shiites. Marriage, divorce, alimony and property inheritance are regulated by Sharia for Muslims. Sharia courts decide personal status cases or cases relating to religious offences. Aceh is the only part of Indonesia to apply Sharia in full. Islamic courts in Aceh had long handled cases of marriage, divorce and inheritance.

    After special autonomy legislation was passed in , the reach of courts extend to criminal justice. In other parts of Indonesia, religious courts have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Roman Dutch law or local adat.

    Sharia Law — Muslims for Progressive Values

    Kompilasi Hukum Islam regulates marriage, inheritance, and charitable trusts wakaf. Article of the constitution states that all judicial rulings must be based upon "authoritative Islamic sources and authentic fatwa". Article 1 of Civil Code identifies Islamic law as a main source of legislation. The article has not yet been put into effect, and a unified personal status law remains in place that builds on the personal status code.

    Islamic law is one of the sources of legislation for Muslim citizens. Jordan has Sharia courts and civil courts. Sharia courts have jurisdiction over personal status laws, cases concerning Diya blood money in cases of crime where both parties are Muslims, or one is and both the Muslim and non-Muslim consent to Sharia court's jurisdiction , and matters pertaining to Islamic Waqfs. Islamic law was in force up until early Article 2 of Kuwait's constitution identifies Islamic Sharia as a main source of legislation.

    Lebanon's legal system is based on a combination of Civil Law , Islamic law and Ottoman laws.

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    For the application of personal status laws, there are three separate sections: Sunni, Shia and non-Muslim. Schedule 9 of Malaysian constitution recognizes Islamic law as a state subject; in other words, the states of Malaysia have the power to enact and enforce sharia. Publishing an Islamic book that is different from official Malaysian version, without permission, is a crime in some states. Muslims are required to follow Islamic law in family, property and religious matters. In Myanmar , sharia has been applied for personal status issues since colonial times, under section 13 of Burma Law Act, The Myanmar Muslim Dissolution of Marriage Act states that a Muslim woman has the right to divorce her husband with appropriate cause.

    Until Islamic law was largely restricted to personal status issues. Zia ul Haq introduced Sharia courts and made far reaching changes in the criminal justice system. The penal code includes elements of sharia. VII of , whoever is guilty of zina , "if he or she is a muhsan , be stoned to death at a public place; or if he or she is not a muhsan, be punished, at a public place, with whipping numbering one hundred stripes".

    There are sharia trial and circuit trial courts in Mindanao , which is home to the country's significant Filipino Muslim minority. Cases are handled in the Autonomous Region in Muslim Mindanao and a couple of Mindanao provinces that are not part of ARMM by both sharia district and circuit courts, organised into five sharia districts. Outside these areas, sharia-related cases are processed in civil courts under a session from the five sharia districts.

    Sharia is the main source of Qatari legislation according to Qatar's Constitution. In some cases in Sharia-based family courts , a female's testimony is worth half a man's and in some cases a female witness is not accepted at all. Article 1 of the Law No. Saudi criminal law is based totally on sharia.

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    Sharia courts may hear and determine actions in which all parties are Muslims or in which parties involved were married under Muslim law. Court has jurisdiction over cases related to marriage, divorce, betrothal, nullity of marriage, judicial separation, division of property on divorce, payment of dowry, maintenance, and muta. Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance.

    Sharia Law

    Muslim law principles have been codified in the Act No. Article 3 of the Syrian constitution declares Islamic jurisprudence one of Syria's main sources of legislation. In Yala , Narathiwat , Pattani and Songkhla provinces, Islamic law is allowed for settling family and inheritance issues under a law. The remaining provinces of Thailand have a civil law system with common law influences. Article 11 of the constitution declares that religious groups are separate from the state and the state educational system.

    But the legal system is civil law with Islamic influences [] [] Also converting a Muslim is a crime. The court system comprises Sharia courts and civil courts. Judicial corporal punishment is a legal form of punishment in UAE due to the Sharia courts. Flogging is used in UAE as a punishment for criminal offences such as adultery , premarital sex and prostitution.

    Stoning is a legal form of judicial punishment in UAE. In , an expatriate was sentenced to death by stoning for committing adultery. The Sharia-based personal status law is applied to Muslims and sometimes non-Muslims. Non-Muslim expatriates are liable to Sharia rulings on marriage, divorce and child custody.

    Nature and significance of Islamic law

    Sharia courts may also hear appeals of certain criminal cases including rape, robbery, and related crimes. Apostasy is a crime punishable by death in the UAE. Emirati women must receive permission from male guardian to remarry.

    Do Muslims believe sharia law supersedes the Constitution?

    In all emirates, it is illegal for Muslim women to marry non-Muslims. Dubai and Ras Al Khaimah are not part of the federal judicial system. The constitution mentions sharia. Under certain conditions, Sharia rules on domestic relations are recognized by German courts based on private international law if no party has German citizenship. The outcome must not violate the principles of the German legal system according to the ordre public. Muslim populations of Western Thrace are subjected to Sharia, in issues related to family law, in the terms of the Treaty of Sevres.

    Under the Treaty of Lausanne , Sharia regulates marriage, divorce, custody of children and inheritance for Muslims who reside in Western Thrace ; the treaty also allows for the establishment of auqaf. In other parts of Greece, all people are subjected exclusively to the provisions of the civil code, regardless of their religion.

    Sharia councils, which have no legal status and no legal jurisdiction, are consulted by many Muslims as a source of religious guidance and as an instance granting religious divorces. The Egyptian personal status law of is applied. The personal status law is based on Islamic law and regulates matters related to inheritance, marriage, divorce and child custody.

    The testimony of a woman is worth only half of that of a man in cases related to marriage, divorce and child custody. It has a secular legal system with heavy influence of modern-day Turkish laws. Info about whether civil or common law applies remains very vague. Local qadis sharia judges have jurisdiction over personal status and family law issues. Islamic and customary law apply. From Wikipedia, the free encyclopedia. Countries and members of the Organisation of Islamic Cooperation where sharia plays no official role in the judicial system.

    Countries where sharia applies in personal status issues such as marriage, divorce, inheritance, and child custody.

    Islamic Sharia Law

    Sharia Sharia law, or Islamic law is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and. Since the early Islamic states of the eighth and ninth centuries, Islamic law always existed alongside other normative systems. Within sharia, some crimes are.

    Countries where sharia applies in full, covering personal status issues as well as criminal proceedings. Countries with regional variations in the application of sharia. Sharia plays no role in the judicial system. Sharia applies in personal status issues only. Sharia applies in full, including criminal law. Sharia in the United Arab Emirates. Sharia applies in personal status issues. Sharia applies in full, including criminal proceedings.

    Archived from the original on 5 November Retrieved 13 November Archived from the original on 12 October Retrieved 24 February Pate, Matthew; Gould, Laurie A. Corporal Punishment Around the World. Retrieved 1 April Archived from the original on 8 March Retrieved 20 February Archived from the original on 11 October Retrieved 10 October Retrieved 19 September Iijima, Masako 13 January Retrieved 18 September Staff 28 December Ibrahimova, Roza 27 July Library of Congress Country Studies: The September implementation of the sharia throughout the country had been controversial and provoked widespread resistance in the predominantly non-Muslim south Opposition to the sharia, especially to the application of hudud sing.

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    • Sharīʿah | Islamic law | www.farmersmarketmusic.com.
    • Application of Islamic law by country.
    • islamic law (sharia) - IslamiCity.

    Mobil Yanbu Petrochemical Co. Perhaps most significant is that Islamic law does not embrace the common law system of binding precedent and stare decisis. In Saudi Arabia, judicial decisions are not in themselves a source of law, and with minor exceptions, court decisions in Saudi Arabia are not published or even open to public inspection. Civil Law Codified and Uncodified , La. Die Welt des Islams. International Journal of Middle East Studies. Introduction to Islamic Law.

    Crime and Punishment in Islamic Law.

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    Al-Ittihad Journal of Islamic Studies. The New York Times. Retrieved September 17, Marriage and slavery in early Islam. Emancipation and Labor in Colonial Sudan. University of Texas Press. Women in the Middle East and North Africa. A History of Slavery in Africa. The religious requirement that new slaves be pagans and need for continued imports to maintain slave population made Africa an important source of slaves for the Islamic world.

    In Islamic tradition, slavery was perceived as a means of converting non-Muslims. One task of the master was religious instruction and theoretically Muslims could not be enslaved. Conversion of a non-Muslim to Islam did not automatically lead to emancipation, but assimilation into Muslim society was deemed a prerequisite for emancipation. Uncovering the History of Africans in Asia. Islam imposed upon the Muslim master an obligation to convert non-Muslim slaves and become members of the greater Muslim society. Indeed, the daily observation of well defined Islamic religious rituals was the outward manifestation of conversion without which emancipation was impossible.

    Overcoming Its Religious and Sexual Legacies. The slave who bore her master's child became known in Arabic as an "umm walad"; she could not be sold, and she was automatically freed upon her master's death. The Justice of Islam by Lawrence Rosen". Melbourne University Law Review. Law, Economics, and Practice. The Case of Merton College". University of Pennsylvania Law Review Submitted manuscript. Its Relation to Other Legal Systems". The American Journal of Comparative Law. Journal of the American Oriental Society. Shahada Salah Sawm Zakat Hajj.

    Quran Sunnah Hadith Tafsir Seerah. Early Contemporary Eschatology Theological. Category Index Outline Portal. Retrieved from " https: Sharia Arabic words and phrases Islamic jurisprudence Islamic terminology Legal codes Religious legal systems Religious law. Pages with reference errors Wikipedia articles needing page number citations from April Wikipedia articles needing page number citations from March Wikipedia articles needing page number citations from May Wikipedia articles needing page number citations from June Wikipedia articles needing factual verification from April Webarchive template wayback links Pages with DOIs inactive since CS1 maint: Uses editors parameter Pages with duplicate reference names Wikipedia articles needing page number citations from July All articles with dead external links Articles with dead external links from September CS1 maint: Date and year Articles needing expert attention with no reason or talk parameter Articles needing expert attention from January All articles needing expert attention Islam articles needing expert attention Articles containing Arabic-language text Articles that may contain original research from March All articles that may contain original research All articles with unsourced statements Articles with unsourced statements from April Articles with unsourced statements from July Wikipedia articles needing factual verification from May Articles with unsourced statements from December Pages containing links to subscription-only content Commons category link is on Wikidata Wikipedia articles with GND identifiers Wikipedia articles with NDL identifiers.

    Views Read Edit View history. In other projects Wikimedia Commons Wikinews Wikiquote. This page was last edited on 17 December , at By using this site, you agree to the Terms of Use and Privacy Policy. Part of a series on. Dhabihah Alcohol Pork Comparison with kashrut. Military Jihad Hudna Istijarah asylum Prisoners of war. Islam portal Politics portal. Islam and the arts Islamic republic. Islamic Sharia Council , a court in the United Kingdom with no legal authority.