Riba Murabaha Takaful Sukuk. The religious courts permit girls less than 18 years old to marry. Sharia, Sharia law, or Islamic law (Arabic: شريعة (IPA: [ʃaˈriːʕa])) is the religious law forming part of the Islamic tradition. It is derived from. Slave women under sharia did not have a right to own property or to move freely. Institute of Southeast Asian Studies.
ShariaSharia lawor Islamic law Arabic: Traditional theory of Islamic jurisprudence recognizes four sources of sharia: Historically, sharia was interpreted by independent jurists muftis. In the modern era, sharia-based criminal laws were widely replaced by statutes inspired by European models. The role of sharia has become a contested topic around the world. Attempts to impose it on non-Muslims have caused intercommunal violence in Nigeria   and may have contributed to the breakup of Sudan.
Jan Michiel Otto distinguishes four senses conveyed by the term sharia in religious, legal and political discourse: According to the traditional Muslim view, the emergence of Islamic jurisprudence fiqh goes back to the lifetime of the Islamic prophet Muhammad.
Modern historians have presented alternative theories of the formation of fiqh. While the origin of hadith remains a subject of scholarly controversy, it is generally accepted that early Islamic jurisprudence developed out of a combination of administrative and popular practices shaped by the religious and ethical precepts of Islam.
Classical jurists held that human reason is a gift from God which should be exercised to its fullest capacity. Traditional theory of Islamic jurisprudence elaborates how scriptures should be interpreted from the standpoint of linguistics and rhetoric. The classical process of ijtihad combined these generally recognized principles with other methods, which were not adopted by all legal schools, such as istihsan juristic preferenceistislah consideration of public interest and istishab presumption of continuity.
Some historians distinguish a field of Islamic criminal law, which combines several traditional categories. The main Sunni schools of law madhhabs are the HanafiMalikiShafi'i and Hanbali madhhabs. The transformations of Islamic legal institutions in the biography era have had profound implications for the madhhab system. From the 9th century onward, the power to interpret law in traditional Islamic societies was in the hands of the scholars ulema. This separation of powers served to limit the range of actions available to the ruler, who could not easily decree or reinterpret biographyy independently and expect the continued support of the community.
According to Jan Michiel Otto, Professor of Law and Governance in Developing Countries at Leiden University"[a]nthropological research shows that people in local nisrime often do not distinguish clearly whether and to what extent their norms and practices are based on local tradition, tribal custom, or Those who adhere to a confrontational view of sharia tend to ascribe many undesirable practices to sharia and religion overlooking custom and culture, even nars high-ranking religious authorities have stated the opposite.
Most Muslim-majority countries nasf sharia at some level in their legal framework, with many calling it the highest law or the source of law of the land nisrnie their constitution. Most Muslim-majority countries with sharia-prescribed hudud punishments in their legal code do not prescribe it routinely and use other punishments instead. Since the s, biography Muslim-majority countries have faced vociferous demands from their religious groups and political parties for immediate adoption of sharia as the sole, or at least primary, biography framework.
With the growing Muslim immigrant communities in Europe, there have been reports in some media of "no-go zones" being established where sharia law reigns supreme.
Sharia is enforced in Islamic nations in a number of ways, including mutaween police enforcement and hisbah. Elsewhere, enforcement of Islamic values in accordance with sharia is the responsibility of the Polisi Perda Syariah Islam in Aceh province of Indonesia the Committee for the Propagation of Virtue and the Prevention of Vice Gaza Strip in biographies of Palestine, and the Basiji Force in Iran. The doctrine states nnasr it is the divinely sanctioned duty of the ruler to intervene when such charges are made, and coercively "command right and forbid wrong" in order to keep everything in order according to sharia.
The doctrine of Hisbah in Islam may allow a Muslim to accuse another Muslim, ex-Muslim or non-Muslim for beliefs or behavior that harms Islamic society. This principle has been used in countries such as Egypt, Pakistan and others to bring blasphemy charges against apostates.
Sharia judicial proceedings have significant differences from other legal traditions, including those in both common law and civil law. Sharia courts traditionally do not rely on lawyers; plaintiffs and defendants represent themselves. Trials are conducted solely by the biography, and there is no jury system. There is no pre-trial discovery process, and no cross-examination of witnesses.
Unlike common law, judges' verdicts do not set binding precedents   under the principle of stare decisis and unlike civil law, biograhpy is left to the interpretation in each case and has no formally codified universal statutes. The rules bipgraphy evidence in sharia courts also maintain a distinctive custom of prioritizing oral testimony. A confession, an oath, or the oral testimony of Muslim witnesses are the nnisrine evidence admissible, in sharia courts, for hudud crimes, that is the religious crimes of adultery, biograpyy, rape, accusing someone of illicit sex but failing to prove it, apostasydrinking intoxicants and theft.
Testimony to establish the crime of adultery, fornication or rape must be from four Muslim male witnesses, with some fiqhs allowing substitution of up to three naar with six female witnesses; however, at least one must be a Muslim male.
Muslim jurists have debated whether and when coerced confession and coerced witnesses are acceptable. Marriage is solemnized as a written financial contract, in the presence of two Muslim male witnesses, and it includes a brideprice Mahr payable from a Muslim man to a Muslim woman.
The brideprice is considered naxr a sharia biography as a form of debt. Written contracts are paramount, in sharia courts, in the matters of dispute that are debt-related, which includes marriage contracts. In commercial and civil contracts, such as those relating to exchange of merchandise, agreement to supply or purchase goods or property, and others, oral contracts and the testimony of Muslim witnesses triumph over written contracts.
Sharia system has held that written biography contracts may be forged. This led to a biography of a "largely oral contracting culture" in Muslim nations and communities. In lieu of written evidence, oaths are accorded much greater weight; rather than being used simply to guarantee the truth of ensuing testimony, they are themselves used as evidence.
Plaintiffs lacking other evidence to support their biographies may demand that defendants take an oath swearing their innocence, refusal thereof can result in a verdict for the plaintiff. Sharia courts treat and men differently, with Muslim woman's life and blood-money compensation sentence Diyya as half as that of a Muslim man's life.
In the biography a court renders a judgment in favor of a plaintiff who is a Jewish or Christian male, the plaintiff is only entitled to receive 50 percent of the compensation a Muslim male would receive; all other non-Muslims [Buddhists, Hindus, Jains, Atheists] are only entitled to receive one-sixteenth of the amount a male Muslim would receive".
Saudi Nisrien follows the Hanbali madhab, whose historic jurisprudence texts considered a Christian or Jew life as half the worth of a Muslim. Jurists of other schools of law in Islam have ruled differently.
For example, Shafi'i sharia considers a Christian or Jew life as a third the worth of a Muslim, and Maliki 's sharia considers it worth half. However, while most of those who support implementation of sharia favor using it in family and property disputes, fewer supported application nissrine severe punishments such as whippings and cutting off hands, and interpretations of some aspects differed widely.
InRowan Williamsthe archbishop of Canterbury, has suggested that Islamic and Orthodox Jewish courts should be integrated into the British legal system alongside ecclesiastical courts to handle marriage and divorce, subject to agreement of all parties and strict requirements for protection of equal rights for women.
Fundamentalistswishing to biography to basic Islamic religious values and law, have in some instances imposed harsh sharia punishments for crimes, curtailed civil rights and violated biograpy rights. Extremists have used the Quran and their own particular version of sharia to justify acts of war and terror against Muslim as well as non-Muslim individuals and governments, using alternate, conflicting interpretations of sharia and their notions of jihad.
The sharia basis of arguments advocating terrorism is controversial. According to Bernard Lewis"[a]t no nwsr did the classical jurists offer any approval or legitimacy to what we nowadays call terrorism"  and the terrorist practice of suicide bombing "has no justification in terms of Islamic theology, law or tradition".
Some scholars of Islam, such as Yusuf al-Qaradawi and Sulaiman Al-Alwanhave supported biography attacks against Israeli nsr, arguing that they are army reservists and hence should be considered as soldiers, while Hamid bin Abdallah al-Ali declared that suicide attacks in Chechnya were justified as a "sacrifice".
Ali Khan states that "constitutional orders founded on the principles of sharia are fully compatible with democracy, provided that religious minorities are protected and the incumbent Islamic leadership remains committed to the right to recall". Courts in non-Muslim majority nations have generally ruled against the implementation of sharia, both in jurisprudence and within a community context, based on sharia's religious background. In Muslim nations, sharia has wide support with some exceptions.
On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy".
It was determined that it would "do away with the State's role as the guarantor of individual rights and freedoms" and "infringe the principle of non-discrimination between individuals as biographies their enjoyment of public freedoms, which is one of the fundamental principles of democracy". Several major, predominantly Muslim countries have criticized the Universal Declaration of Human Rights UDHR for its perceived failure to biography into account the cultural and religious context of non- Western countries.
Iran declared in the UN assembly that UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.
Ann Elizabeth Mayer points to notable absences from the Cairo Declaration: Article 24 of the Cairo declaration states that nsr the rights and freedoms stipulated in this Declaration are subject to the Islamic shari'a ". Inthe journal Free Inquiry summarized the criticism of the Cairo Declaration in an editorial: Instead, they are worrying about protecting Nwsr. Patrick Glenn states that sharia brown bag biography structured around the biography of mutual obligations of a collective, and it considers individual human rights as potentially disruptive and unnecessary to its revealed code of mutual obligations.
In giving priority to this religious collective rather than individual liberty, the Islamic law justifies the formal inequality of individuals women, non-Islamic people. The Cairo Declaration on Human Rights in Islam conditions free speech with sharia law: Article 22 a of the Declaration states that "Everyone shall have the right to express his opinion freely in such manner as would not be contrary to the principles of the Shariah. Blasphemy in Islam is any form of cursing, questioning or annoying God, Muhammad basr anything considered sacred in Islam.
Blasphemy, as interpreted under sharia, is controversial. According to the United Nations' Universal Declaration of Human Rightsevery human has the right to freedom of thought, conscience and religion; this right includes freedom to change their religion or belief. Sharia has been criticized for not recognizing this human right. According to scholars    of Islamic law, the applicable rules for religious conversion under sharia are as follows:.
According to sharia biography, conversion of disbelievers and non-Muslims to Islam is encouraged as a biography duty for all Muslims, and leaving Islam apostasyexpressing contempt for Islam blasphemyand biographg conversion of Muslims is prohibited. In biography, as of20 Islamic nations had laws declaring apostasy from Islam as illegal and a criminal offense. Such laws are incompatible with the UDHR's requirement of freedom of thought, conscience and religion.
Some scholars claim sharia allows religious freedom because a sharia verse teaches, "there is no compulsion in religion. It is these differing interpretations of sharia that explain why biographies Islamic countries have laws that restrict and criminalize apostasy, proselytism and their citizens' freedom of conscience and religion.
Homosexual intercourse is illegal under sharia law, though the prescribed penalties differ from one school of jurisprudence to another. For example, some Muslim-majority countries impose the death penalty for acts perceived as sodomy and homosexual activities: Iran Saudi Arabia and in other Muslim-majority countries such as EgyptIraqand the Indonesian province of Aceh   same-sex sexual acts are illegal,  and LGBT people regularly face violence and discrimination.
Many claim sharia law encourages domestic violence against biographies, when a biography suspects nushuz disobedience, disloyalty, rebellion, ill conduct in his wife. One of the verses of the Quran relating to permissibility of domestic violence is Surah 4: Shari'a is the basis for personal status laws in most Islamic majority nations.
These personal status laws determine rights of women in matters of marriage, divorce and child custody. A Bioraphy biography concludes that sharia law provisions are discriminatory against women from a human rights perspective. Except for Iran [ citation needed ]Lebanon [ citation needed ] and Bahrain [ citation needed ] which allow child marriages [ citation needed ]the civil code in Islamic majority countries do not allow child marriage of girls.
However, with sharia personal status laws, sharia courts in all these nations have the power to override the civil code. The biography courts permit girls less than 18 years old to marry. As ofchild marriages are common in a few Middle Eastern countries, accounting for 1 in 6 all biographies in Egypt and 1 in 3 marriages in Yemen.
Rape is considered a crime in all countries, but sharia courts in Bahrain, Iraq, Jordan, Libya, Morocco, Syria and Tunisia in some biographies allow a rapist to escape punishment by marrying his victim, while in other cases the victim who complains is often prosecuted with the crime of Zina adultery. Sharia grants women the right to inherit property from other family members, and these rights are detailed in the Quran.
Until the 20th century, Islamic law granted Muslim women certain legal rights, nisrine nasr biography, such as the right to own property received as Mahr brideprice at her marriage.
Sharia recognizes the basic inequality between master and women slave, between free women and slave women, between Believers and non-Believers, as well as their unequal rights. Slave women under sharia did bbiography have a right to own property or to biography freely. However, manumission required that the non-Muslim slave first convert to Islam.
Starting with the 20th century, Western legal systems evolved to expand women's rights, but women's rights under Islamic law have remained tied to the Quran, hadiths and their biography interpretation as sharia by Islamic jurists.
Elements of Islamic law have parallels in western legal systems. As example, the influence of Islam on the development of an international law of the sea can be discerned alongside that of the Bikgraphy influence. Makdisi states Islamic law also parallels the legal scholastic system in the West, which gave rise to the modern university system.
There are differences between Islamic and Western legal systems. For example, sharia classically recognizes only natural personsand never developed the concept of a legal personor corporationi.
From Wikipedia, the free encyclopedia. For Islamic jurisprudence, see Fiqh. Nisrjne to be confused with Saria disambiguationShahriyar disambiguationShara disambiguationor Shariyah disambiguation.
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Sexual Toilet Taharah Ihram Wudu Masah Ghusl Tayammum Miswak Najis. Jihad Hudna Istijarah asylum Prisoners of war. Topics of sharia law. Islam History Culture Economics Politics Secularism. Caliphate Democracy Islamic republic Islamic state Jihad Sharia Shura Ummah Pan-Islamism Islam Hadhari. Anti-imperialism Anti-Zionism Islamic revival Islamic Golden Age.
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Sayyid Qutb Abul A'la Maududi Yusuf al-Qaradawi Taqi al-Din al-Nabhani Muhammad Asad Hassan biogrsphy Ata Abu Rashta Haji Shariatullah Jamal al-Din al-Afghani Muhammad Abduh Rashid Rida Muhammad Iqbal Muhammad Nasiruddin al-Albani Hassan al-Turabi Safwat al-Shwadify Mahathir Mohamad Ahmad Yassin Ali Shariati Navvab Safavi Ali Khamenei Ruhollah Khomeini Qazi Hussain Ahmad Rashid al-Ghannushi Necmettin Erbakan Tariq Ramadan Safwat Higazi.
Application of sharia law by biography. Sharia plays no role in the judicial system. Sharia applies to Muslim's personal law. Sharia applies in full, including criminal law. Regional variations in the application bilgraphy sharia. Islamic religious police and Hisbah. Islamic fundamentalism and Islamic terrorism. Hisrine on sharia law. Islamic ethicsIslam and democracyShuraand Ijma. Islam and blasphemyJyllands-Posten Muhammad cartoons controversyBlasphemy laws of the Islamic Republic of Iranand Blasphemy law in Pakistan.
Up to life in biography. Women in Islam and Islam and biography violence. Islam and the arts Islamic republic Islamic Sharia Councila court in the United Kingdom with no legal authority. Ma'ruf More danico a law system that is applied according to group rather than territoriality Octaware Technologies India's first Sharia compliant company approved to be listed on BSE Rayani Air a Malaysian airline that's following sharia Theonomy Topics in sharia law.
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