Sharia
Part of a series on |
Islam |
---|
Sharia (
Traditional
Over time, on the basis of mentioned studies legal schools have emerged, reflecting the preferences of particular societies and governments, as well as Islamic scholars or imams on theoretical and practical applications of laws and regulations. Although sharia is presented as a form of governance[16] in addition to its other aspects, especially by the contemporary Islamist understanding, some researchers see the early history of Islam, which was also modelled and exalted by most Muslims; not a period when sharia was dominant, but a kind of "secular Arabic expansion".[17][18]
According to human rights groups, some of the classical sharia practices involve serious violations of basic human rights, gender equality and freedom of expression, and the practices of countries governed by sharia are criticized.[19] The European Court of Human Rights in Strasbourg (ECtHR) ruled in several cases that Sharia is "incompatible with the fundamental principles of democracy".[20][21] Against this, "the concept of human rights" have been categorically excluded by the governments of countries such as Iran and Saudi Arabia by claiming that it belongs to secular and western values,[22] and the Cairo conference by the Organisation of Islamic Cooperation declares that human rights can only be respected if they are compatible with Islam.[23]
Approaches to sharia in the 21st century vary widely, and the role and mutability of sharia
Etymology and usage
Contemporary usage
The word sharīʿah is used by Arabic-speaking peoples of the
Jan Michiel Otto summarizes the evolutionary stages of understanding by distinguishing four meanings conveyed by the term sharia in discourses.[33]
- Divine, abstract sharia: In this sense, sharia is a rather abstract concept which leaves ample room for various concrete interpretations by humans.
- Classical sharia: This is the body of Islamic rules, principles and cases compiled by religious scholars during the first two centuries after Muhammad, before ‘the gate of free interpretation’ (ijtihad) was closed.
- Historical sharia(s): This includes the entire body of all principles, rules, cases and interpretations developed and transmitted throughout a history of more than one thousand years across the entire Muslim world, since the closing of the gate of free interpretation up to the present.
- Contemporary sharia(s): This contains the full spectrum of principles, rules, cases and interpretations developed and applied at present. Migration, modernisation and new technologies of information and communication have decreased the dominance of the legal schools of classical sharia.
A related term al-qānūn al-islāmī (القانون الإسلامي, Islamic law), which was borrowed from European usage in the late 19th century, is used in the Muslim world to refer to a legal system in the context of a modern state.[34]
Etymology
The primary meanings of the
Use in religious texts
In the Quran, šarīʿah and its cognate širʿah occur once each, with the meaning "way" or "path".[31] The word šarīʿah was widely used by Arabic-speaking Jews during the Middle Ages, being the most common translation for the word Torah in the 10th-century Arabic translation of the Torah by Saʿadya Gaon.[31] A similar use of the term can be found in Christian writers.[31] The Arabic expression Sharīʿat Allāh (شريعة الله "God's Law") is a common translation for תורת אלוהים ('God's Law' in Hebrew) and νόμος τοῦ θεοῦ ('God's Law' in Greek in the New Testament [Rom. 7: 22]).[39] In Muslim literature, šarīʿah designates the laws or message of a prophet or God, in contrast to fiqh, which refers to a scholar's interpretation thereof.[40]
In older English-language law-related works in the late 19th/early 20th centuries, the word used for Sharia was sheri.[41] It, along with the French variant chéri, was used during the time of the Ottoman Empire, and is from the Turkish şer’(i).[42]
Historical origins
According to the traditionalist (Atharī) Muslim view, the major precepts of Sharia were passed down directly from the Islamic prophet Muhammad without "historical development"[44] and the emergence of Islamic jurisprudence (fiqh) also goes back to the lifetime of Muhammad.[5][6] In this view, his companions and followers took what he did and approved of as a model (sunnah) and transmitted this information to the succeeding generations in the form of hadith.[5][6] These reports led first to informal discussion and then systematic legal thought, articulated with greatest success in the eighth and ninth centuries by the master jurists Abu Hanifa, Malik ibn Anas, al-Shafi'i, and Ahmad ibn Hanbal, who are viewed as the founders of the Hanafi, Maliki, Shafiʿi, and Hanbali legal schools (madhāhib) of Sunni jurisprudence.[6]
Modern historians have presented alternative theories of the formation of fiqh.[5][6] At first Western scholars accepted the general outlines of the traditionalist account.[45] In the late 19th century, an influential revisionist hypothesis was advanced by Ignác Goldziher and elaborated by Joseph Schacht in the mid-20th century.[6] Schacht and other scholars[46] argued that having conquered much more populous agricultural and urban societies with already existing laws and legal needs, the initial Muslim efforts to formulate legal norms[note 2] regarded the Quran[note 3] and Muhammad's hadiths as just one source of law,[note 4] with jurist personal opinions, the legal practice of conquered peoples, and the decrees and decisions of the caliphs also being valid sources.[51]
According to this theory, most canonical hadiths did not originate with Muhammad but were actually created at a later date, despite the efforts of hadith scholars to weed out fabrications.[note 5] After it became accepted that legal norms must be formally grounded in scriptural sources, proponents of rules of jurisprudence supported by the hadith would extend the chains of transmission of the hadith back to Muhammad's companions.[6] In his view, the real architect of Islamic jurisprudence was al-Shafi'i (died 820 CE/204 AH), who formulated this idea (that legal norms must be formally grounded in scriptural sources) and other elements of classical legal theory in his work al-risala,[6][45] but who was preceded by a body of Islamic law not based on primacy of Muhammad's hadiths.
While the origin of hadith remains a subject of scholarly controversy, this theory (of Goldziher and Schacht) has given rise to objections, and modern historians generally adopt more cautious, intermediate positions,[45] and 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.[53][5][54] It continued some aspects of pre-Islamic laws and customs of the lands that fell under Muslim rule in the aftermath of the early conquests and modified other aspects, aiming to meet the practical need of establishing Islamic norms of behavior and adjudicating disputes arising in the early Muslim communities.[55] Juristic thought gradually developed in study circles, where independent scholars met to learn from a local master and discuss religious topics.[55][56] At first, these circles were fluid in their membership, but with time distinct regional legal schools crystallized around shared sets of methodological principles.[5][56] As the boundaries of the schools became clearly delineated, the authority of their doctrinal tenets came to be vested in a master jurist from earlier times, who was henceforth identified as the school's founder.[5][56] In the course of the first three centuries of Islam, all legal schools came to accept the broad outlines of classical legal theory, according to which Islamic law had to be firmly rooted in the Quran and hadith.[5][57]
Traditional jurisprudence (fiqh)
Fiqh is traditionally divided into the fields of uṣūl al-fiqh (lit. the roots of fiqh), which studies the theoretical principles of jurisprudence, and furūʿ al-fiqh (lit. the branches of fiqh), which is devoted to elaboration of rulings on the basis of these principles.[6][12]
Principles of jurisprudence (uṣūl al-fiqh)
Classical Islamic jurisprudence refers how to elaborate and interpret religious sources that are considered reliable within the framework of "procedural principles" within its context such as
The sources of judgment in classical fiqh are roughly divided into two: Manqūlāt (Quran and hadith) and Aqliyyāt (ijma, qiyas, ijtihad and others).
In this context, in the Classical period, the ulema were divided into groups (among other divisions such as political divisions) regarding the place of "
In this context, the formulation of the Sunni view can be summarized as follows; Human reason is a gift from God which should be exercised to its fullest capacity.[67] However, use of reason alone is insufficient to distinguish right from wrong, and rational argumentation must draw its content from the body of transcendental knowledge revealed in the Quran and through the sunnah of Muhammad.[11][67] In addition to the Quran and sunnah, the classical theory of Sunni fiqh recognizes two other sources of law: juristic consensus (ijmaʿ) and analogical reasoning (qiyas).[53] It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools.[6] This interpretive apparatus is brought together under the rubric of ijtihad, which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question.[6]
The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason (ʿaql) as a source of law in place of qiyas and extension of the notion of sunnah to include traditions of the imams.[11][71]
Sources of Sharia
Islamic scholar Rashid Rida (1865–1935 CE) lists the four basic sources of Islamic law, agreed upon by all Sunni Muslims:
"the [well-known] sources of legislation in Islam are four: the Qur'an, the Sunnah, the consensus of the ummah and ijtihad undertaken by competent jurists"[72]
Some researchers suggests that primary sources may have evolved similarly to fiqh, contrary to traditional knowledge;
respectively.- Quran: in Islam, the Quran is considered to be the most sacred source of law.[76] Classical jurists held its "textual integrity" to be beyond doubt on account of it having been handed down by many people in each generation, which is known as "recurrence" or "concurrent transmission" (tawātur).[53][76] [77] Only several verses of the Quran have direct legal relevance, and they are concentrated in a few specific areas such as inheritance, though other passages have been used as a source for general principles whose legal ramifications were elaborated by other means.[5][76] Islamic literature calls the laws that can be associated with the Quran in Sharia "hudud" (meaning the limits set by Allah).
- Sunnah / Hadith: the body of hadith provides more detailed and practical legal guidance, but it was recognized early on that not all of them were authentic.[5][76] Early Islamic scholars developed a methodology for evaluating their authenticity by assessing trustworthiness of the individuals listed in their transmission chains.[76] These criteria narrowed down the vast corpus of prophetic traditions to several thousand "sound" hadiths, which were collected in several canonical compilations.[76] The hadiths which enjoyed concurrent transmission were deemed unquestionably authentic; however, the vast majority of hadiths were handed down by only one or a few transmitters and were therefore seen to yield only probable knowledge.[76][53] The uncertainty was further compounded by ambiguity of the language contained in some hadiths and Quranic passages.[76] Disagreements on the relative merits and interpretation of the textual sources allowed legal scholars considerable leeway in formulating alternative rulings.[5]
- Ijma: it is the consensus that could in principle elevate a ruling based on probable evidence to absolute certainty.[78][5] This classical doctrine drew its authority from a series of hadiths stating that the Islamic community could never agree on an error.[78] This form of consensus was technically defined as agreement of all competent jurists in any particular generation, acting as representatives of the community.[78][5][79] However, the practical difficulty of obtaining and ascertaining such an agreement meant that it had little impact on legal development.[78][5] A more pragmatic form of consensus, which could be determined by consulting works of prominent jurists, was used to confirm a ruling so that it could not be reopened for further discussion.[5] The cases for which there was a consensus account form less than 1 percent of the body of classical jurisprudence.[78]
Aims of Sharia and public interest
Maqāṣid (aims or purposes) of Sharia and maṣlaḥa (welfare or public interest) are two related classical doctrines which have come to play an increasingly prominent role in modern times.
They were first clearly articulated by al-Ghazali (d. 1111), who argued that Maqāṣid and maslaha was God's general purpose in revealing the divine law, and that its specific aim was preservation of five essentials of human well-being: religion, life, intellect, offspring, and property.[91]
Although most classical-era jurists recognized maslaha and maqasid as important legal principles, they held different views regarding the role they should play in Islamic law.
While the latter view was held by a minority of classical jurists, in modern times it came to be championed in different forms by prominent scholars who sought to adapt Islamic law to changing social conditions by drawing on the intellectual heritage of traditional jurisprudence.[85][53][86] These scholars expanded the inventory of maqasid to include such aims of Sharia as reform and women's rights (Rashid Rida); justice and freedom (Mohammed al-Ghazali); and human rights and dignity (Yusuf al-Qaradawi).[85]
Ijtihad
Ijtihad lit. 'physical' or 'mental effort'
Throughout the first five Islamic centuries, ijtihad continued to practise amongst Sunni Muslims. The controversy surrounding ijtihad started with the beginning of the twelfth century.[101] By the 14th century, Islamic Fiqh prompted leading Sunni jurists to state that the main legal questions had been addressed and then ijtihad was gradually restricted.[97] In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era.[97][102]
Starting from the 18th century,
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 preference), istislah (consideration of public interest) and istishab (presumption of continuity).[53]
Ahkam al-shar'iyya (Decision types; labels)
Fiqh is concerned with ethical standards as much as with legal norms, seeking to establish not only what is and is not legal, but also what is morally right and wrong.[14][15] Sharia rulings fall into one of five categories known as "the five decisions" (al-aḥkām al-khamsa): mandatory (farḍ or wājib), recommended (mandūb or mustaḥabb), neutral (mubāḥ), reprehensible (makrūh), and forbidden (ḥarām).[5][12]
It is a sin or a crime to perform a forbidden action or not to perform a mandatory action.
As can be seen above and in many other examples, classification is subjective. For example, believing in the existence and miracles of
A special religious decision, which is "specific to" a person, group, institution, event, situation, belief and practice in different areas of life, and usually includes the approval/disapproval of a judgment, is called fatwa. Tazir penalties, which are outside the Qisas and Hudud laws, have not been codified, and their discretion and implementation are under the initiative and authority of the judge or political authority.[5][114] Jurisdiction that concerns individuals is personal and, for example, in a Islamic Qisas or
Branches and details (furūʿ al-fiqh)
Part of a series on |
Islamic jurisprudence (fiqh) |
---|
Islamic studies |
The domain of furūʿ al-fiqh (lit. branches of fiqh) is traditionally divided into ʿibādāt (rituals or acts of worship) and muʿāmalāt (social relations).[6][54] Many jurists further divided the body of substantive jurisprudence into "the four quarters", called rituals, sales, marriage and injuries.[115] Each of these terms figuratively stood for a variety of subjects.[115] For example, the quarter of sales would encompass partnerships, guaranty, gifts, and bequests, among other topics.[115] Juristic works were arranged as a sequence of such smaller topics, each called a "book" (kitab).[6][115] The special significance of ritual was marked by always placing its discussion at the start of the work.[6][115]
Some historians distinguish a field of Islamic criminal law, which combines several traditional categories.
The two major genres of furūʿ literature are the mukhtasar (concise summary of law) and the mabsut (extensive commentary).[6] Mukhtasars were short specialized treatises or general overviews that could be used in a classroom or consulted by judges.[6][5][116] A mabsut, which usually provided a commentary on a mukhtasar and could stretch to dozens of large volumes, recorded alternative rulings with their justifications, often accompanied by a proliferation of cases and conceptual distinctions.[6][116] The terminology of juristic literature was conservative and tended to preserve notions which had lost their practical relevance.[6] At the same time, the cycle of abridgement and commentary allowed jurists of each generation to articulate a modified body of law to meet changing social conditions.[116] Other juristic genres include the qawāʿid (succinct formulas meant to aid the student remember general principles) and collections of fatwas by a particular scholar.[5]
Classical jurisprudence has been described as "one of the major intellectual achievements of Islam"[117] and its importance in Islam has been compared to that of theology in Christianity.[note 6]
Schools of law
The main Sunni schools of law (madhhabs) are the
The transformations of Islamic legal institutions in the modern era have had profound implications for the madhhab system.
Pre-modern Islamic legal system
Jurists
Sharia was traditionally interpreted by
Islamic law was initially taught in study circles that gathered in mosques and private homes. The teacher, assisted by advanced students, provided commentary on concise treatises of law and examined the students' understanding of the text. This tradition continued to be practiced in
Courts
A
If an accusation did not result in a verdict in a qadi's court, the plaintiff could often pursue it in another type of court called the mazalim court, administered by the ruler's council.[5] The rationale for mazalim (lit. wrongs, grievances) courts was to address the wrongs that Sharia courts were unable to address, including complaints against government officials. Islamic jurists were commonly in attendance and a judge often presided over the court as a deputy of the ruler.[5][125] Mazalim verdicts were supposed to conform to the spirit of Sharia, but they were not bound by the letter of the law or the procedural restrictions of qadi's courts.[5][131]
The police (shurta), which took initiative in preventing and investigating crime, operated its own courts.[125] Like the mazalim courts, police courts were not bound by the rules of Sharia and had the powers to inflict discretionary punishments.[132] Another office for maintaining public order was the muhtasib (market inspector), who was charged with preventing fraud in economic transactions and infractions against public morality.[125] The muhtasib took an active role in pursuing these types of offenses and meted out punishments based on local custom.[132]
Socio-political context
The social fabric of pre-modern Islamic societies was largely defined by close-knit communities organized around kinship groups and local neighborhoods. Conflicts between individuals had the potential to escalate into a conflict between their supporting groups and disrupt the life of the entire community. Court litigation was seen as a last resort for cases where informal mediation had failed. This attitude was reflected in the legal maxim "amicable settlement is the best verdict" (al-sulh sayyid al-ahkam). In court disputes, qadis were generally less concerned with legal theory than with achieving an outcome that enabled the disputants to resume their previous social relationships. This could be accomplished by avoiding a total loss for the losing side or simply giving them a chance to articulate their position in public and obtain a measure of psychological vindication.[133][134] Islamic law required judges to be familiar with local customs, and they exercised a number of other public functions in the community, including mediation and arbitration, supervision of public works, auditing waqf finances, and looking after the interests of orphans.[129][132]
Unlike pre-modern cultures where the ruling dynasty promulgated the law, Islamic law was formulated by religious scholars without involvement of the rulers. The law derived its authority not from political control, but rather from the collective doctrinal positions of the legal schools (madhhabs) in their capacity as interpreters of the scriptures. The
Women, non-Muslims, slaves
In both the rules of civil disputes and application of penal law, classical Sharia distinguishes between men and women, between Muslims and non-Muslims, and between free persons and slaves.[5]
Traditional Islamic law assumes a patriarchal society with a man at the head of the household.
Sharia was intended to regulate affairs of the Muslim community.[5] Non-Muslims residing under Islamic rule had the legal status of dhimmi, which entailed a number of protections, restrictions, freedoms and legal inequalities, including payment of the jizya tax.[142] Dhimmi communities had legal autonomy to adjudicate their internal affairs. Cases involving litigants from two different religious groups fell under jurisdiction of Sharia courts,[5] where (unlike in secular courts)[143] testimony of non-Muslim witnesses against a Muslim was inadmissible in criminal cases[144] or at all.[145] This legal framework was implemented with varying degree of rigor. In some periods or towns, all inhabitants apparently used the same court without regard for their religious affiliation.[5] The Mughal emperor Aurangzeb imposed Islamic law on all his subjects, including provisions traditionally applicable only to Muslims, while some of his predecessors and successors are said to have abolished jizya.[138][146] According to Ottoman records, non-Muslim women took their cases to a Sharia court when they expected a more favorable outcome on marital, divorce and property questions than in Christian and Jewish courts.[147] Over time, non Muslims in the Ottoman Empire could be more or less likely to use Islamic courts. For example, in 1729 at the Islamic court in Galata only two percent of cases involved non-Muslims whereas in 1789 non-Muslims were a part of thirty percent of cases.[148] Ottoman court records also reflect the use of Islamic courts by formerly non-Muslim women.[149] As it was illegal for non-Muslims to own Muslims and for non-Muslim men to marry Muslim women in the Ottoman empire, conversion to Islam would have been an option for non-Muslim women to free themselves of a spouse or master they did not want to subject to.[149] However, this would likely lead to them being shunned by their former community.[149]
Classical fiqh acknowledges and regulates slavery as a legitimate institution.[139] It granted slaves certain rights and protections, improving their status relative to Greek and Roman law, and restricted the scenarios under which people could be enslaved.[150][151] However, slaves could not inherit or enter into a contract, and were subject to their master's will in a number of ways.[150][151] The labor and property of slaves were owned by the master, who was also entitled to sexual submission of his unmarried slaves.[151][152]
Formal legal disabilities for some groups coexisted with a legal culture that viewed Sharia as a reflection of universal principles of justice, which involved protection of the weak against injustices committed by the strong. This conception was reinforced by the historical practice of Sharia courts, where peasants "almost always" won cases against oppressive landowners, and non-Muslims often prevailed in disputes against Muslims, including such powerful figures as the governor of their province.[153][154] In family matters the Sharia court was seen as a place where the rights of women could be asserted against their husband's transgressions.[5]
Modern legal reforms
Under colonial rule
Starting from the 17th century, European powers began to extend political influence over lands ruled by Muslim dynasties, and by the end of the 19th century, much of the Muslim world came under colonial domination. The first areas of Islamic law to be impacted were usually commercial and criminal laws, which impeded colonial administration and were soon replaced by European regulations.[155] Islamic commercial laws were also replaced by European (mostly French) laws in Muslim states which retained formal independence, because these states increasingly came to rely on Western capital and could not afford to lose the business of foreign merchants who refused to submit to Islamic regulations.[5]
The first significant changes to the legal system of British India were initiated in the late 18th century by the governor of Bengal Warren Hastings. Hastings' plan of legal reform envisioned a multi-tiered court system for the Muslim population, with a middle tier of British judges advised by local Islamic jurists, and a lower tier of courts operated by qadis. Hastings also commissioned a translation of the classic manual of Hanafi fiqh, Al-Hidayah, from Arabic into Persian and then English, later complemented by other texts.[156][157] These translations enabled British judges to pass verdicts in the name of Islamic law based on a combination of Sharia rules and common law doctrines, and eliminated the need to rely on consultation by local ulema, whom they mistrusted. In the traditional Islamic context, a concise text like Al-Hidayah would be used as a basis for classroom commentary by a professor, and the doctrines thus learned would be mediated in court by judicial discretion, consideration of local customs and availability of different legal opinions that could fit the facts of the case. The British use of Al-Hidayah, which amounted to an inadvertent codification of Sharia, and its interpretation by judges trained in Western legal traditions anticipated later legal reforms in the Muslim world.[156][158]
British administrators felt that Sharia rules too often allowed criminals to escape punishment, as exemplified by Hastings' complaint that Islamic law was "founded on the most lenient principles and on an abhorrence of bloodshed".[156] In the course of the 19th century, criminal laws and other aspects of the Islamic legal system in India were supplanted by British law, with the exception of Sharia rules retained in family laws and some property transactions.[156][157] Among other changes, these reforms brought about abolition of slavery, prohibition of child marriage, and a much more frequent use of capital punishment.[159][157] The resulting legal system, known as Anglo-Muhammadan law, was treated by the British as a model for legal reforms in their other colonies. Like the British in India, colonial administrations typically sought to obtain precise and authoritative information about indigenous laws, which prompted them to prefer classical Islamic legal texts over local judicial practice. This, together with their conception of Islamic law as a collection of inflexible rules, led to an emphasis on traditionalist forms of Sharia that were not rigorously applied in the pre-colonial period and served as a formative influence on the modern identity politics of the Muslim world.[157]
Ottoman Empire
During the colonial era, Muslim rulers concluded that they could not resist European pressure unless they modernized their armies and built centrally administered states along the lines of Western models. In the
Nation states
Westernization of legal institutions and expansion of state control in all areas of law, which began during the colonial era, continued in nation-states of the Muslim world.[161] Sharia courts at first continued to exist alongside state courts as in earlier times, but the doctrine that sultanic courts should implement the ideals of Sharia was gradually replaced by legal norms imported from Europe. Court procedures were also brought in line with European practice. Though the Islamic terms qadi and mahkama (qadi's/Sharia court) were preserved, they generally came to mean judge and court in the Western sense. While in the traditional Sharia court all parties represented themselves, in modern courts they are represented by professional lawyers educated in Western-style law schools, and the verdicts are subject to review in an appeals court. In the 20th century, most countries abolished a parallel system of Sharia courts and brought all cases under a national civil court system.[5]
In most Muslim-majority countries, traditional rules of classical fiqh have been largely preserved only in family law. In some countries religious minorities such as Christians or Shia Muslims have been subject to separate systems of family laws.[5] Many Muslims today believe that contemporary Sharia-based laws are an authentic representation of the pre-modern legal tradition. In reality, they generally represent the result of extensive legal reforms made in the modern era.[161] As traditional Islamic jurists lost their role as authoritative interpreters of the laws applied in courts, these laws were codified by legislators and administered by state systems which employed a number of devices to effect changes,[5] including:
- Selection of alternative opinions from traditional legal literature (takhayyur), potentially among multiple madhhabs or denominations, and combining parts of different rulings (talfiq).[161][162]
- Appeal to the classical doctrines of necessity (darura), public interest (maslaha), and the objectives (maqasid) of Sharia, which played a limited role in classical fiqh, but were now given wider utilitarian applications.[161][162][158]
- Changes in administrative law that grant the courts discretionary powers to restrict certain practices which are not forbidden by substantive law (e.g., polygamy), in some cases imposing penal sanctions as additional deterrence.[161][162]
- Modernist interpretation of Islamic scriptures without adherence to the rules or methodologies of traditional jurisprudence, known as neo-ijtihad.[161][162]
The most powerful influence on liberal reformist thought came from the work of the Egyptian Islamic scholar Muhammad ʿAbduh (1849–1905). Abduh viewed only Sharia rules pertaining to religious rituals as inflexible, and argued that the other Islamic laws should be adapted based on changing circumstances in consideration of social well-being. Following precedents of earlier Islamic thinkers, he advocated restoring Islam to its original purity by returning to the Quran and the sunna instead of following the medieval schools of jurisprudence.[30] He championed a creative approach to ijtihad that involved direct interpretation of scriptures as well as the methods of takhayyur and talfiq.[6][30]
One of the most influential figures in modern legal reforms was the Egyptian legal scholar Abd El-Razzak El-Sanhuri (1895–1971), who possessed expertise in both Islamic and Western law. Sanhuri argued that reviving Islamic legal heritage in a way that served the needs of contemporary society required its analysis in light of the modern science of comparative law. He drafted the civil codes of Egypt (1949) and Iraq (1951) based on a variety of sources, including classical fiqh, European laws, existing Arab and Turkish codes, and the history of local court decisions.[30][138] Sanhuri's Egyptian code incorporated few classical Sharia rules, but he drew on traditional jurisprudence more frequently for the Iraqi code.[138] Sanhuri's codes were subsequently adopted in some form by most Arab countries.[30]
Aside from the radical reforms of Islamic family law carried out in Tunisia (1956) and Iran (1967), governments often preferred to make changes that made a clear break from traditional Sharia rules by imposing administrative hurdles rather than changing the rules themselves, in order to minimize objections from religious conservatives. Various procedural changes have been made in a number of countries to restrict polygamy, give women greater rights in divorce, and eliminate child marriage. Inheritance has been the legal domain least susceptible to reform, as legislators have been generally reluctant to tamper with the highly technical system of Quranic shares.[30][138] Some reforms have faced strong conservative opposition. For example, the 1979 reform of Egyptian family law, promulgated by Anwar Sadat through presidential decree, provoked an outcry and was annulled in 1985 by the supreme court on procedural grounds, to be later replaced by a compromise version.[30] The 2003 reform of Moroccan family law, which sought to reconcile universal human rights norms and the country's Islamic heritage, was drafted by a commission that included parliamentarians, religious scholars and feminist activists, and the result has been praised by international rights groups as an example of progressive legislation achieved within an Islamic framework.[163][30]
Islamization
Part of a series on Islamism |
---|
Politics portal |
The
Full implementation of Sharia theoretically refers to expanding its scope to all fields of law and all areas of public life.[5] In practice, Islamization campaigns have focused on a few highly visible issues associated with the conservative Muslim identity, particularly women's hijab and the hudud criminal punishments (whipping, stoning and amputation) prescribed for certain crimes.[164] For many Islamists, hudud punishments are at the core of the divine Sharia because they are specified by the letter of scripture rather than by human interpreters. Modern Islamists have often rejected, at least in theory, the stringent procedural constraints developed by classical jurists to restrict their application.[5] To the broader Muslim public, the calls for Sharia often represent, even more than any specific demands, a vague vision of their current economic and political situation being replaced by a "just utopia".[165]
A number of legal reforms have been made under the influence of these movements, starting from the 1970s when Egypt and Syria amended their constitutions to specify Sharia as the basis of legislation.[164] The Iranian Revolution of 1979 represented a watershed for Islamization advocates, demonstrating that it was possible to replace a secular regime with a theocracy.[164] Several countries, including Iran, Pakistan, Sudan, and some Nigerian states have incorporated hudud rules into their criminal justice systems, which, however, retained fundamental influences of earlier Westernizing reforms.[5][30] In practice, these changes were largely symbolic, and aside from some cases brought to trial to demonstrate that the new rules were being enforced, hudud punishments tended to fall into disuse, sometimes to be revived depending on the local political climate.[5][166] The supreme courts of Sudan and Iran have rarely approved verdicts of stoning or amputation, and the supreme courts of Pakistan and Nigeria have never done so.[166] Nonetheless, Islamization campaigns have also had repercussions in several other areas of law, leading to curtailment of rights of women and religious minorities, and in the case of Sudan contributing to the breakout of a civil war.[30]
Advocates of Islamization have often been more concerned with ideology than traditional jurisprudence and there is no agreement among them as to what form a modern Sharia-based "
Contemporary applications
Muslim-majority countries
The legal systems of most Muslim-majority countries can be classified as either secular or mixed. Sharia plays no role in secular legal systems. In mixed legal systems, Sharia rules are allowed to influence some national laws, which are codified and may be based on European or Indian models, and the central legislative role is played by politicians and modern jurists rather than the
Saudi Arabia and some other Persian Gulf states possess what may be called classical Sharia systems, where national law is largely uncodified and formally equated with Sharia, with ulema playing a decisive role in its interpretation. Iran has adopted some features of classical Sharia systems, while also maintaining characteristics of mixed systems, like codified laws and a parliament.[167]
Constitutional law
Constitutions of many Muslim-majority countries refer to Sharia as a source or the main source of law, though these references are not in themselves indicative of how much the legal system is influenced by Sharia, and whether the influence has a traditionalist or modernist character.[5][6] The same constitutions usually also refer to universal principles such as democracy and human rights, leaving it up to legislators and the judiciary to work out how these norms are to be reconciled in practice.[168] Conversely, some countries (e.g., Algeria), whose constitution does not mention Sharia, possess Sharia-based family laws.[6] Nisrine Abiad identifies Bahrain, Iran, Pakistan, and Saudi Arabia as states with "strong constitutional consequences of Sharia "on the organization and functioning of power".[169]
Family law
Except for secular systems, Muslim-majority countries possess Sharia-based laws dealing with family matters (marriage, inheritance, etc.). These laws generally reflect influence of various modern-era reforms and tend to be characterized by ambiguity, with traditional and modernist interpretations often manifesting themselves in the same country, both in legislation and court decisions.[29] In some countries (e.g., parts of Nigeria), people can choose whether to pursue a case in a Sharia or secular court.[29][170]
Criminal law
Countries in the Muslim world generally have criminal codes influenced by civil law or common law, and in some cases a combination of Western legal traditions. Saudi Arabia has never adopted a criminal code and Saudi judges still follow traditional Hanbali jurisprudence. In the course of Islamization campaigns, several countries (Libya, Pakistan, Iran, Sudan, Mauritania, and Yemen) inserted Islamic criminal laws into their penal codes, which were otherwise based on Western models. In some countries only hudud penalties were added, while others also enacted provisions for
Property law
Sharia recognizes the concept of haqq.[175] Haqq refers to personal rights of the individual and the right to generate and accumulate wealth. The various ways in which property can be acquired under Sharia are purchase, inheritance, bequest, physical or mental effort, diya and donations.[176] Certain concepts relating to property under Sharia are Mulk, Waqf, Mawat and Motasarruf.[176]
Muslim-minority countries
Sharia also plays a role beyond religious rituals and personal ethics in some countries with Muslim minorities. For example, in Israel Sharia-based family laws are administered for the Muslim population by the Ministry of Justice through the Sharia Courts.[177] In India, the Muslim Personal Law (Shariat) Application Act provides for the use of Islamic law for Muslims in several areas, mainly related to family law.[178] In England, the Muslim Arbitration Tribunal makes use of Sharia family law to settle disputes, though this limited adoption of Sharia is controversial.[179][180][181]
Court procedures
This section possibly contains original research. (March 2019) |
Sharia courts traditionally do not rely on lawyers;
The
Criminal cases
A confession, an oath, or the oral testimony of Muslim witnesses are the main evidence admissible in traditional sharia courts for hudud crimes, i.e., the religious crimes of adultery, fornication, rape, accusing someone of illicit sex but failing to prove it, apostasy, drinking intoxicants and theft.[190][191][192][193]
According to classical jurisprudence, testimony must be from at least two free Muslim male witnesses, or one Muslim male and two Muslim females, who are not related parties and who are of sound mind and reliable character. 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 male with six female witnesses; however, at least one must be a Muslim male.[194]
Forensic evidence (i.e., fingerprints, ballistics, blood samples, DNA etc.) and other circumstantial evidence may likewise rejected in hudud cases in favor of eyewitnesses in some modern interpretations. In the case of regulations that were part of local Malaysian legislation that did not go into effect, this could cause severe difficulties for women plaintiffs in rape cases.[195][196] In Pakistan, DNA evidence is rejected in paternity cases on the basis of legislation that favors the presumption of children's legitimacy, while in sexual assault cases DNA evidence is regarded as equivalent to expert opinion and evaluated on a case-by-case basis.[197]
Civil cases
Quran 2:282 recommends written financial contracts with reliable witnesses, although there is dispute about equality of female testimony.[189]
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 by a Sharia court as a form of debt. Written contracts were traditionally considered paramount in Sharia courts in the matters of dispute that are debt-related, which includes marriage contracts.[198] Written contracts in debt-related cases, when notarized by a judge, is deemed more reliable.[199]
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 historically triumphed over written contracts. Islamic jurists traditionally held that written commercial contracts may be forged.[199][200] Timur Kuran states that the treatment of written evidence in religious courts in Islamic regions created an incentive for opaque transactions, and the avoidance of written contracts in economic relations. This led to a continuation of a "largely oral contracting culture" in Muslim-majority nations and communities.[200][201]
In lieu of written evidence, oaths are traditionally 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 claims may demand that defendants take an oath swearing their innocence, refusal thereof can result in a verdict for the plaintiff.[202] Taking an oath for Muslims can be a grave act; one study of courts in Morocco found that lying litigants would often "maintain their testimony right up to the moment of oath-taking and then to stop, refuse the oath, and surrender the case."[203] Accordingly, defendants are not routinely required to swear before testifying, which would risk casually profaning the Quran should the defendant commit perjury.[203]
Diya
In classical jurisprudence monetary compensation for bodily harm (
Modern countries which incorporate classical diya rules into their legal system treat them in different ways. The Pakistan Penal Code modernized the Hanafi doctrine by eliminating distinctions between Muslims and non-Muslims.[207] In Iran, diya for non-Muslim victims professing one of the faiths protected under the constitution (Jews, Christians, and Zoroastrians) was made equal to diya for Muslims in 2004,[208] though according to a 2006 US State Department report, the penal code still discriminates against other religious minorities and women.[209] According to Human Rights Watch and the US State Department, in Saudi Arabia Jewish or Christian male plaintiffs are entitled to half the amount a Muslim male would receive, while for all other non-Muslim males the proportion is one-sixteenth.[210][211][212]
Role of fatwas
The spread of codified state laws and Western-style legal education in the modern Muslim world has displaced traditional muftis from their historical role of clarifying and elaborating the laws applied in courts.[213][214] Instead, fatwas have increasingly served to advise the general public on other aspects of Sharia, particularly questions regarding religious rituals and everyday life.[213][215] Modern fatwas deal with topics as diverse as insurance, sex-change operations, moon exploration and beer drinking.[215] Most Muslim-majority states have established national organizations devoted to issuing fatwas, and these organizations to a considerable extent replaced independent muftis as religious guides for the general population.[216] State-employed muftis generally promote a vision of Islam that is compatible with state law of their country.[126]
Modern public and political fatwas have addressed and sometimes sparked controversies in the Muslim world and beyond.
Modern fatwas have been marked by an increased reliance on the process of ijtihad, i.e. deriving legal rulings based on an independent analysis rather than conformity with the opinions of earlier legal authorities (taqlid),[218] and some of them are issued by individuals who do not possess the qualifications traditionally required of a mufti.[126] The most notorious examples are the fatwas of militant extremists.[218] When Osama bin Laden and his associates issued a fatwa in 1998 proclaiming "jihad against Jews and Crusaders", many Islamic jurists, in addition to denouncing its content, stressed that bin Laden was not qualified to either issue a fatwa or proclaim a jihad.[126] New forms of ijtihad have also given rise to fatwas that support such notions as gender equality and banking interest, which are at variance with classical jurisprudence.[218]
In the internet age, a large number of websites provide fatwas in response to queries from around the world, in addition to radio shows and satellite television programs offering call-in fatwas.
Role of hisba
The classical doctrine of
In Iran, hisba was enshrined in the constitution after the 1979 Revolution as a "universal and reciprocal duty", incumbent upon both the government and the people. Its implementation has been carried out by official committees as well as volunteer forces (basij).[219][224] Elsewhere, policing of various interpretations of Sharia-based public morality has been carried out by the Kano State Hisbah Corps in the Nigerian state of Kano,[225] by Wilayatul Hisbah in the Aceh province of Indonesia,[226] by the Committee for the Propagation of Virtue and the Prevention of Vice in the Gaza Strip, and by the Taliban during their 1996–2001 and 2021– rule of Afghanistan.[219] Religious police organizations tend to have support from conservative currents of public opinion, but their activities are often disliked by other segments of the population, especially liberals, urban women, and younger people.[227]
In Egypt, a law based on the doctrine of hisba had for a time allowed a Muslim to sue another Muslim over beliefs that may harm society, though because of abuses it has been amended so that only the state prosecutor may bring suit based on private requests.[228] Before the amendment was passed, a hisba suit brought by a group of Islamists against the liberal theologian Nasr Abu Zayd on charges of apostasy led to the annulment of his marriage.[229][230] The law was also invoked in an unsuccessful blasphemy suit against the feminist author Nawal El Saadawi.[228] Hisba has also been invoked in several Muslim-majority countries as rationale for blocking pornographic content on the internet and for other forms of faith-based censorship.[231]
Support and opposition
Support
A 2013 survey based on interviews of 38,000 Muslims, randomly selected from urban and rural parts in 39 countries using area probability designs, by the
However, while most of those who support implementation of Sharia favor using it in family and property disputes, fewer supported application of severe punishments such as whippings and cutting off hands, and interpretations of some aspects differed widely.[232] According to the Pew poll, among Muslims who support making Sharia the law of the land, most do not believe that it should be applied to non-Muslims. In the Muslim-majority countries surveyed this proportion varied between 74% (of 74% in Egypt) and 19% (of 10% in Kazakhstan), as percentage of those who favored making Sharia the law of the land.[233]
In all of the countries surveyed, respondents were more likely to define Sharia as "the revealed word of God" rather than as "a body of law developed by men based on the word of God".[234] In analyzing the poll, Amaney Jamal has argued that there is no single, shared understanding of the notions "Sharia" and "Islamic law" among the respondents. In particular, in countries where Muslim citizens have little experience with rigid application of Sharia-based state laws, these notions tend to be more associated with Islamic ideals like equality and social justice than with prohibitions.[235] Other polls have indicated that for Egyptians, the word "Sharia" is associated with notions of political, social and gender justice.[236]
In 2008,
Opposition
In the Western world, Sharia has been called a source of "hysteria",[242] "more controversial than ever", the one aspect of Islam that inspires "particular dread".[243] On the Internet, "dozens of self-styled counter-jihadis" emerged to campaign against Sharia law, describing it in strict interpretations resembling those of Salafi Muslims.[243] Also, fear of Sharia law and of the ideology of extremism among Muslims as well as certain congregations donating money to terrorist organizations within the Muslim community reportedly spread to mainstream conservative Republicans in the United States.[244] Former House Speaker Newt Gingrich won ovations calling for a federal ban on Sharia law.[244] The issue of "liberty versus Sharia" was called a "momentous civilisational debate" by right-wing pundit Diana West.[245] In 2008 in Britain, the future Prime Minister (David Cameron) declared his opposition to "any expansion of Sharia law in the UK."[246] In Germany, in 2014, the Interior Minister (Thomas de Maizière) told a newspaper (Bild), "Sharia law is not tolerated on German soil."[247]
Some countries and jurisdictions have explicit bans on sharia law. In Canada, for example, sharia law has been explicitly banned in Quebec by a 2005 unanimous vote of the National Assembly,[248] while the province of Ontario allows family law disputes to be arbitrated only under Ontario law.[249] In the U.S., opponents of Sharia have sought to ban it from being considered in courts, where it has been routinely used alongside traditional Jewish and Catholic laws to decide legal, business, and family disputes subject to contracts drafted with reference to such laws, as long as they do not violate secular law or the U.S. constitution.[250] After failing to gather support for a federal law making observing Sharia a felony punishable by up to 20 years in prison, anti-Sharia activists have focused on state legislatures.[250] By 2014, bills aimed against use of Sharia have been introduced in 34 states and passed in 11.[250] A notable example of this would be 2010 Oklahoma State Question 755, which sought to permanently ban the use of Sharia law in courts. While approved by voters, the Tenth Circuit Court of Appeals placed an injunction on the law. Citing the unconstitutionality of the law's impartial focus on a specific religion, the law was struck down and never took effect.[251] These bills have generally referred to banning foreign or religious law in order to thwart legal challenges.[250]
According to Jan Michiel Otto, Professor of Law and Governance in Developing Countries at Leiden University, "[a]nthropological research shows that people in local communities often do not distinguish clearly whether and to what extent their norms and practices are based on local tradition, tribal custom, or religion. Those who adhere to a confrontational view of Sharia tend to ascribe many undesirable practices to Sharia and religion overlooking custom and culture, even if high-ranking religious authorities have stated the opposite."[252]
Contemporary debates and controversies
Compatibility with democracy
It has been argued that the extent to which Sharia is compatible with democracy depends on how it is culturally interpreted,[253] with a cultural position that Sharia represents the human attempt to interpret God's message associated with a greater preference for democracy than an Islamist interpretation that Sharia law is the literal word of God.[253]
General Muslim views
Scholars John L. Esposito and DeLong-Bas distinguish four attitudes toward Sharia and democracy prominent among contemporary Muslims:[254]
- Advocacy of democratic ideas, often accompanied by a belief that they are compatible with Islam, which can play a public role within a democratic system, as exemplified by many protestors who took part in the Arab Spring uprisings;
- Support for democratic procedures such as elections, combined with religious or moral objections toward some aspects of Western democracy seen as incompatible with sharia, as exemplified by Islamic scholars like Yusuf al-Qaradawi;
- Rejection of democracy as a Western import and advocacy of traditional Islamic institutions, such as shura (consultation) and ijma (consensus), as exemplified by supporters of absolute monarchy and radical Islamist movements;
- Belief that democracy requires restricting religion to private life, held by a minority in the Muslim world.
According to Polls conducted by
Islamic political theories
Muslih and Browers identify three major perspectives on democracy among prominent Muslims thinkers who have sought to develop modern, distinctly Islamic theories of socio-political organization conforming to Islamic values and law:[258]
- The rejectionist Islamic view, elaborated by Sayyid Qutb and Abul A'la Maududi, condemns imitation of foreign ideas, drawing a distinction between Western democracy and the Islamic doctrine of shura (consultation between ruler and ruled). This perspective, which stresses comprehensive implementation of Sharia, was widespread in the 1970s and 1980s among various movements seeking to establish an Islamic state, but its popularity has diminished in recent years.
- The moderate Islamic view stresses the concepts of Rashid al-Ghannushi, and Yusuf al-Qaradawihave advocated different forms of this view.
- The liberal Islamic view is influenced by Nasr Hamid Abu Zayd, have justified pluralism and freedom through non-literalist approaches to textual interpretation. Abdolkarim Soroushhas argued for a "religious democracy" based on religious thought that is democratic, tolerant, and just. Islamic liberals argue for the necessity of constant reexamination of religious understanding, which can only be done in a democratic context.
European Court of Human Rights
In 1998 the Constitutional Court of Turkey banned and dissolved Turkey's Refah Party over its announced intention to introduce Sharia-based laws, ruling that it would change Turkey's secular order and undermine democracy.[259] On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy".[260][261][262] Refah's Sharia-based notion of a "plurality of legal systems, grounded on religion" was ruled to contravene the European Convention for the Protection of Human Rights and Fundamental Freedoms. 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 regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy".[263] In an analysis, Maurits S. Berger found the ruling to be "nebulous" and surprising from a legal point of view, since the Court neglected to define what it meant by "Sharia" and would not, for example, be expected to regard Sharia rules for Islamic rituals as contravening European human rights values.[264] Kevin Boyle also criticized the decision for not distinguishing between extremist and mainstream interpretations of Islam and implying that peaceful advocacy of Islamic doctrines ("an attitude which fails to respect [the principle of secularism]") is not protected by the European Convention provisions for freedom of religion.[265]
Compatibility with human rights
Governments of several predominantly Muslim countries have criticized the Universal Declaration of Human Rights (UDHR) for its perceived failure to take 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.[266] Islamic scholars and Islamist political parties consider 'universal human rights' arguments as imposition of a non-Muslim culture on Muslim people, a disrespect of customary cultural practices and of Islam.[267][268] In 1990, the Organisation of Islamic Cooperation, a group representing all Muslim-majority nations, met in Cairo to respond to the UDHR, then adopted the Cairo Declaration on Human Rights in Islam.[269][270]
Ann Elizabeth Mayer points to notable absences from the Cairo Declaration: provisions for democratic principles, protection for religious freedom, freedom of association and freedom of the press, as well as equality in rights and equal protection under the law. Article 24 of the Cairo declaration states that "all the rights and freedoms stipulated in this Declaration are subject to the Islamic shari'a".[271]
In 2009, the journal Free Inquiry summarized the criticism of the Cairo Declaration in an editorial: "We are deeply concerned with the changes to the Universal Declaration of Human Rights by a coalition of Islamic states within the United Nations that wishes to prohibit any criticism of religion and would thus protect Islam's limited view of human rights. In view of the conditions inside the Islamic Republic of Iran, Egypt, Pakistan, Saudi Arabia, the Sudan, Syria, Bangladesh, Iraq, and Afghanistan, we should expect that at the top of their human rights agenda would be to rectify the legal inequality of women, the suppression of political dissent, the curtailment of free expression, the persecution of ethnic minorities and religious dissenters—in short, protecting their citizens from egregious human rights violations. Instead, they are worrying about protecting Islam."[272]
H. Patrick Glenn states that Sharia is structured around the concept 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).[273] Bassam Tibi states that Sharia framework and human rights are incompatible.[274] Abdel al-Hakeem Carney, in contrast, states that Sharia is misunderstood from a failure to distinguish Sharia from siyasah (politics).[275]
Blasphemy
In classical fiqh,
Blasphemy laws were rarely enforced in pre-modern Islamic societies, but in the modern era some states and radical groups have used charges of blasphemy in an effort to burnish their religious credentials and gain popular support at the expense of liberal Muslim intellectuals and religious minorities.[286]
Blasphemy, as interpreted under Sharia, is controversial.
Apostasy
According to the classical doctrine, apostasy from Islam is a crime as well as a sin, punishable with the death penalty,[296][297] typically after a waiting period to allow the apostate time to repent and to return to Islam.[296][298][299][300] Wael Hallaq writes that "[in] a culture whose lynchpin is religion, religious principles and religious morality, apostasy is in some way equivalent to high treason in the modern nation-state".[301] Early Islamic jurists set the standard for apostasy from Islam so high that practically no apostasy verdict could be passed before the 11th century,[302] but later jurists lowered the bar for applying the death penalty, allowing judges to interpret the apostasy law in different ways,[302] which they did sometimes leniently and sometimes strictly.[303] In the late 19th century, the use of criminal penalties for apostasy fell into disuse, although civil penalties were still applied.[296]
According to Abdul Rashied Omar, the majority of modern Islamic jurists continue to regard apostasy as a crime deserving the
Twenty-three Muslim-majority countries, as of 2013[update], penalized apostasy from Islam through their criminal laws.[315] As of 2014[update], apostasy from Islam was a capital offense in Afghanistan, Brunei, Mauritania, Qatar, Saudi Arabia, Sudan, the United Arab Emirates, and Yemen.[316][317] In other countries, Sharia courts could use family laws to void the Muslim apostate's marriage and to deny child-custody rights as well as inheritance rights.[318] In the years 1985–2006, four individuals were legally executed for apostasy from Islam: "one in Sudan in 1985; two in Iran, in 1989 and 1998; and one in Saudi Arabia in 1992."[304] While modern states have rarely prosecuted apostasy, the issue has a "deep cultural resonance" in some Muslim societies and Islamists have tended to exploit it for political gain.[304] In a 2008–2012 Pew Research Center poll, public support for capital punishment for apostasy among Muslims ranged from 78% in Afghanistan to less than 1% in Kazakhstan, reaching over 50% in 6 of the 20 countries surveyed.
LGBT rights
Homosexual intercourse is illegal in classical Sharia, with different penalties, including capital punishment, stipulated depending on the situation and legal school. In pre-modern Islam, the penalties prescribed for homosexual acts were "to a large extent theoretical" according to the
Women
Personal status and child marriage
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 2011 UNICEF report concludes that Sharia law provisions are discriminatory against women from a human rights perspective. In many countries, in legal proceedings relating to Sharia-based personal status law, in certain cases a woman's testimony is worth half of a man's before a court.[188]
The 1917 codification of Islamic family law in the
Property rights
Islamic law granted Muslim women certain legal rights, such as property rights which women in the West did not possess until "comparatively recent times".[331][332][333] Starting with the 20th century, Western legal systems evolved to expand women's rights, but women's rights in the Muslim world have to varying degree remained tied to the Quran, hadiths and their traditional interpretations by Islamic jurists.[334][335] Sharia grants women the right to inherit property from other family members, and these rights are detailed in the Quran.[336] A woman's inheritance can be unequal is she inherits from her father as a daughter's inheritance is usually half of that of her brother's.[Quran 4:11][337]
Domestic violence
The vast majority of the ulama across the Sunni schools of law inherited the Prophet's unease over domestic violence and placed further restrictions on the evident meaning of the 'Wife Beating Verse'. A leading Meccan scholar from the second generation of Muslims,
Tirmidhi and Muslim bin Hajjaj as well as a leading early scholar in Iran, collected all the Hadiths showing Muhammad's disapproval of beating in a chapter entitled 'The Prohibition on Striking Women'. A thirteenth-century scholar from Granada, Ibn Faras, notes that one camp of ulama had staked out a stance forbidding striking a wife altogether, declaring it contrary to the Prophet's example and denying the authenticity of any Hadiths that seemed to permit beating. Even Ibn Hajar, the pillar of late medieval Sunni Hadith scholarship, concludes that, contrary to what seems to be an explicit command in the Qur'an, the Hadiths of the Prophet leave no doubt that striking one's wife to discipline her actually falls under the Shariah ruling of 'strongly disliked' or 'disliked verging on prohibited'.[338]
The
Others believe that wife-beating is not consistent with a more modernist perspective of the Quran.[350] Many Imams and scholars who learned Shariah in traditional Islamic seminaries object to the misuse of this verse to justify domestic violence. Muslims for White Ribbon Campaign was launched in 2010 with Imams and Muslim leaders committing to join with others to work to end violence against women.[351] Khutbah campaigns were held in many parts of the world to speak out against domestic violence and encourage Muslim congregants to eradicate domestic abuse.[352][353][354]
Rape
Rape is considered a serious crime in the Sharia law since the Islamic prophet Muhammad ordered rapists to be punished by stoning.[355] while in countries like Saudi Arabia and the United Arab Emirates, rape victims who press charges can risk being prosecuted for extramarital sex (zina) if the rape can not be proven.[188][356][357]
Slavery
Sharia recognizes the basic inequality between master and slave, between free women and slave women, between believers and non-believers, as well as their unequal rights.[358][359] Sharia authorized the institution of slavery, using the words abd (slave) and the phrase ma malakat aymanukum ("that which your right hand owns") to refer to women slaves, seized as captives of war.[358][360] Under Islamic law, Muslim men could have sexual relations with female captives and slaves.[361][334] Slave women under sharia did not have a right to own property or to move freely.[362][363] Sharia, in Islam's history, provided a religious foundation for enslaving non-Muslim women (and men), but allowed for the manumission of slaves. However, manumission required that the non-Muslim slave first convert to Islam.[364][365] A slave woman who bore a child to her Muslim master (umm al-walad) could not be sold, becoming legally free upon her master's death, and the child was considered free and a legitimate heir of the father.[366][367]
Terrorism
Some extremists have used their interpretation of Islamic scriptures and Sharia, in particular the doctrine of jihad, to justify acts of war and terror against Muslim as well as non-Muslim individuals and governments.[368][369][370] The expert on terrorism Rachel Ehrenfeld wrote that the "Sharia's finance (Islamic banking) is a new weapon in the arsenal of what might be termed fifth-generation warfare (5GW)".[371] However, sharia-complaint financing actually requires a person to stay away from weapons manufacturing.[372][373][374]
In classical fiqh, the term jihad refers to armed struggle against oppressors.[375][376] Classical jurists developed an elaborate set of rules pertaining to jihad, including prohibitions on harming those who are not engaged in combat.[377][378] According to Bernard Lewis, "[a]t no time did the classical jurists offer any approval or legitimacy to what we nowadays call terrorism"[379] and the terrorist practice of suicide bombing "has no justification in terms of Islamic theology, law or tradition".[380] In the modern era the notion of jihad has lost its jurisprudential relevance and instead gave rise to an ideological and political discourse.[381] While modernist Islamic scholars have emphasized defensive and non-military aspects of jihad, some radicals have advanced aggressive interpretations that go beyond the classical theory.[381] For al-Qaeda ideologues, in jihad all means are legitimate, including targeting Muslim non-combatants and the mass killing of non-Muslim civilians.[368]
Some modern ulema, such as
Comparison with other legal systems
Jewish law
Islamic legal tradition has a number of parallels with
However, the emphasis on qiyas in classical Sunni legal theory is both more explicitly permissive than Talmudic law with respect to authorizing individual reason as a source of law, and more implicitly restrictive, in excluding other, unauthorized forms of reasoning.[386]
Western legal systems
Early Islamic law developed a number of legal concepts that anticipated similar such concepts that later appeared in English
Elements of Islamic law also have other parallels in Western legal systems. For example, the influence of Islam on the development of an international law of the sea can be discerned alongside that of the Roman influence.[393]
There are differences between Islamic and Western legal systems. For example, Sharia classically recognizes only
See also
- Dīn
- Glossary of Islam
- Guardianship of the Islamic Jurists
- Shāfiʿīschool – each used to illustrate a fundamental of shariah
- Islamic advice literature
- Islamic republic
- Islamic Sharia Council – a court in the United Kingdom with no legal authority
- Ma'ruf
- Principle of legality in French criminal law
- Sources of Islamic law
- Halakha
- Theonomy
Notes
- ^ "...the essential features of old Muhammadan jurisprudence, such as the idea of the 'living tradition' of the ancient schools of law [local practices of early Muslim communities]; a body of common doctrine expressing the earliest effort to systematize; legal maxims which often reflect a slightly later stage, and an important nucleus of legal traditions... it is safe to say that [this] Muhammadan legal science started in the later part of the Umaiyad period, taking the legal practice of the time as its raw material and endorsing, modifying, or rejecting it"[47]
- ^ Islamic "law did not derive directly from the Koran but developed... out of popular and administrative practices under the Umayyads, and this practice often diverged from the intentions and even the explicit wording of the Koran... Norms derived from the Koran were introduced into Muhammadan law almost invariably at a secondary stage"[48]
- Successors and others,[50]in contrast to later works by al-Bukhari, Muslim, etc. that contain only ahadith by Muhammad.
- ^ "...a great many traditions in the classical and other collections were put into circulation only after Shafi'i's time; the first considerable body of legal traditions from the Prophet originated towards the middle of the second century..."[52]
- ^ "What theology is for the Christian, law is for the Muslim."[118] referenced in [119]
- ^ Khomeini himself did not call this proclamation a fatwa, and in Islamic legal theory only a court can decide whether an accused is guilty. However, after the proclamation was presented as a fatwa in Western press, this characterization was widely accepted by both its critics and its supporters.[213][217]
Citations
- ^ LCCN 2013019592. Archivedfrom the original on 17 October 2021. Retrieved 17 October 2021.
- ^ a b "British & World English: sharia". Oxford: Oxford University Press. Archived from the original on 8 December 2015. Retrieved 4 December 2015.
- ^ a b Dahlén 2003, chpt. 2a.
- ^ a b c d e John L. Esposito, ed. (2014). "Islamic Law". The Oxford Dictionary of Islam. Oxford: Oxford University Press. Archived from the original on 31 March 2019. Retrieved 29 January 2017.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi bj bk Vikør 2014.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac Calder 2009.
- ^ "Customary law has also been an important part of Islamic law. It was used to resolve disputes that were not covered by sharia, and it also helped to adapt sharia to the needs of different societies and cultures." Islamic Law: An Introduction by John Esposito (2019) Esposito, John. Islamic Law: An Introduction. Oxford University Press, 2019. Page 31
- ^ "Another key principle that the early Islamic jurists developed was the concept of urf, or customary law. Urf is the customary practices of a particular community. The early jurists recognized that urf could be used to supplement or complement Islamic law. For example, if there was no clear ruling on a particular issue in the Quran or hadith, the jurists could look to urf for guidance." The Oxford Handbook of Islamic Law; Emon, Anver M., and Rumee Ahmed, editors. The Oxford Handbook of Islamic Law. Oxford University Press, 2018. p. 25.
- ^ a b Stewart 2013, p. 500.
- ISBN 978-3-640-14967-4. Retrieved 9 June 2012.
- ^ a b c d Dahlén 2003, chpt. 4c.
- ^ a b c d e Schneider 2014.
- ISBN 978-0815629085. Quote: "[...], by the ninth century, the classical theory of law fixed the sources of Islamic law at four: the Quran, the Sunnah of the Prophet, qiyas (analogical reasoning), and ijma (consensus)."
- ^ a b Coulson & El Shamsy 2019.
- ^ a b Hallaq 2010, p. 145.
- ^ "The System of Rule in Islam". 20 June 2010.
- ^ Robert G. Hoyland: In God's Path. The Arab Conquests and the Creation of an Islamic Empire (2015)
- ^ Patricia Crone / Martin Hinds: God's Caliph: Religious Authority in the First Centuries of Islam (1986)
- ^ Gontowska, Luiza Maria, "Human Rights Violations Under the Sharia'a : A Comparative Study of the Kingdom of Saudi Arabia and the Islamic Republic of Iran" (2005). Honors College Theses. Paper 13.
- ^ See Refah Partİsİ (The Welfare Party) And Others V. Turkey (Applications nos. 41340/98, 41342/98, 41343/98 and 41344/98), Judgment, Strasbourg, 13 February 2003, No. 123 (siehe S. 39): "sharia is incompatible with the fundamental principles of democracy, since principles such as pluralism in the political sphere and the constant evolution of public freedoms have no place in it and a regime based on sharia clearly diverges from Convention values"; see Alastair Mowbray, Cases, Materials, and Commentary on the European Convention on Human Rights, OUP Oxford, 2012, p 744, Google-Books preview.
- ^ Janisch, Wolfgang (14 September 2017). "EuGH - Gegen Scheidungen nach Scharia-Recht". Süddeutsche.de (in German). Retrieved 3 February 2023.
- ^ Gontowska, Luiza Maria, "Human Rights Violations Under the Sharia'a : A Comparative Study of the Kingdom of Saudi Arabia and the Islamic Republic of Iran" (2005). Honors College Theses. Paper 13.
- ^ https://rwi.lu.se/wp-content/uploads/2021/01/2020-OIC-Declaration-of-Human-Rights.pdf
- ^ https://dergipark.org.tr/tr/download/article-file/1699430
- ^ Amanat 2009: "Muslim fundamentalists [...] claim that Shari’a and its sources [...] constitute a divine law that regulates all aspects of Muslim life, as well as Muslim societies and Muslim states [...]. Muslim modernists, [...] on the other hand, criticize the old approaches to Shari’a by traditional Muslim jurists as obsolete and instead advocate innovative approaches to Shari’a that accommodate more pluralist and relativist views within a democratic framework."
- ISBN 978-9041101792.
- S2CID 145681085.
- ]
- ^ a b c Otto 2008, p. 19.
- ^ a b c d e f g h i j k l m Mayer 2009.
- ^ a b c d e f g Calder & Hooker 2007, p. 321.
- ISSN 2458-9675.
- ^ Otto 2008, pp. 9–10.
- ^ Calder & Hooker 2007, p. 323.
- ^ a b Calder & Hooker 2007, p. 326.
- AltaMira Press. p. 4.
- ISBN 978-1851685653.
- ^ ISBN 978-0820319773.
- ^ Ullmann, M. (2002). Wörterbuch der griechisch-arabischen Übersetzungen des neunten Jahrhunderts. Wiesbaden. p. 437.
Rom. 7: 22: 'συνήδομαι γὰρ τῷ νόμῳ τοῦ θεοῦ' is translated as 'أني أفرح بشريعة الله'
{{cite book}}
: CS1 maint: location missing publisher (link) - ^ Calder & Hooker 2007, p. 322.
- Corps de Droit Ottoman
- Martin Luther University) // Cited: p. 39 (PDF p. 41/338) // ""Chéri" may sound ambiguous in French but the term, used in our context for Islamic law (Turkish: şer’(i), is widely used in the legal literature at that time."
- JSTOR 41932575.
- ^ Forte, David F. (1978). "Islamic Law; the impact of Joseph Schacht" (PDF). Loyola Los Angeles International and Comparative Law Review. 1: 8. Archived (PDF) from the original on 20 April 2018. Retrieved 19 April 2018.
- ^ a b c Jokisch 2015.
- ISBN 978-0521570770. Archivedfrom the original on 21 March 2019. Retrieved 10 May 2018.
- ^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence. Oxford University Press. p. 190.
- ^ Schacht, Origins, p. 224
- ^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence. Oxford University Press. p. 40.
- ^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence. Oxford University Press. p. 22.
- ISBN 9780191668265. Archivedfrom the original on 27 December 2020. Retrieved 11 November 2019.
- ^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence. Oxford University Press. p. 4.
- ^ a b c d e f g h Ziadeh 2009.
- ^ a b c d e f g h i j k Rabb 2009b.
- ^ a b Lapidus 2014, p. 125.
- ^ a b c Hallaq 2009, pp. 31–35.
- ^ Lapidus 2014, p. 130.
- ^ https://nou.edu.ng/coursewarecontent/ISL431%20Principles%20of%20Islamic%20Jurisprudence%20100713.pdf
- ^ Some are derived from the science of Aristotelian logic which the philosopher-theologian writers mutakallimun had become accustomed to discussing in the introductions to their works. ........... Some are derived from Ilm al Kalam Scholastic Theology, and include discussions of such questions as the nature of the Sovereign Hakim, in the sense of whether it is the Shari'ah itself or reason which decides what is right and what is wrong;.... https://www.iefpedia.com/english/wp-content/uploads/2009/11/USUL-FIQH.pdf
- ^ Legal acts are valid when they fulfill all the essential requirements (arkān), causes, conditions and hindrances. They are void when any of these is lacking or deficient. https://nou.edu.ng/coursewarecontent/ISL431%20Principles%20of%20Islamic%20Jurisprudence%20100713.pdf
- ^ So, it was in this way that the Ummah, those who had not become involved with either the Shi'ah or the Khawarij, was divided into two groups, Ahl al Hadith and Ahl al Ra'i; and the conflict between them intensified.https://www.iefpedia.com/english/wp-content/uploads/2009/11/USUL-FIQH.pdf
- ^ Blankinship (2008, p. 53)
- ^ Mirzaee, A. (2012). 'Decline of Mu'tazilite Thought: The Heritage of Conflict between Ahl Al-Hadith and Mu'tazilites', Journal of Seven Heavens, 14(54), pp. 7-26
- ^ https://pluriel.fuce.eu/article/the-mihna-deconstruction-and-reconsideration-of-the-mutazilite-role-in-the-inquisition/?lang=en
- ^ Taareq Oubrou. "Coran créé ou incréé".
- ^ Mirzaee, A. (2012). 'Decline of Mu'tazilite Thought: The Heritage of Conflict between Ahl Al-Hadith and Mu'tazilites', Journal of Seven Heavens, 14(54), pp. 7-26
- ^ a b Hallaq 2009, p. 15.
- ^ Sociology of religions: perspectives of Ali Shariati (2008) Mir Mohammed Ibrahim
- ^ Newman in Meri 2006, p. 734
- ^ al-Shaykh al-Saduq 1982, pp. 151–152
- ^ Kamali 1999, pp. 121–22.
- ISBN 1-881963-55-1.
- sīrastudies in the second century were still in a state of flux" Conrad (June 1987). "Abraha and Muhammad: Some Observations Apropos of Chronology and Literary topoi in the Early Arabic Historical Tradition". Bulletin of the School of Oriental and African Studies. 50 (2): 239. doi:10.1017/S0041977X00049016
- ^ "short reports (sometimes just a line or two) recording what an early figure, such as a companion of the prophet or Muhammad himself, said or did on a particular occasion, preceded by a chain of transmitters". However, she adds that "nowadays, hadith almost always means hadith from Muhammad himself." Crone, Patricia (10 June 2008). "What do we actually know about Muhammad?". Open Democracy. Retrieved 16 April 2018.
- ^ Reza Aslan quotes Schacht's maxim: `the more perfect the isnad, the later the tradition`, which he (Aslan) calls "whimsical but accurate" Future of Islam by Reza Aslan, (Random House, 2005) p.16
- ^ a b c d e f g h Hallaq 2009, pp. 16–18.
- ^ Dahlén 2003, chpt. 4b.
- ^ a b c d e Hallaq 2009, pp. 21–22.
- ^ Kamali 1999, p. 146.
- ^ Hallaq 2009, pp. 23–24.
- ISBN 9780759109919. Archivedfrom the original on 20 September 2021. Retrieved 17 August 2016.
- ISBN 978-0-521-80332-8.
- .
- ^ Mansoor Moaddel, Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse, pg. 32. Chicago: University of Chicago Press, 2005.
- ^ a b c d e f Duderija 2014, pp. 2–6.
- ^ a b Brown 2009.
- ^ a b Gleave 2012.
- ^ Al-Ghazālī: al-Mustaṣfā min ʿilm al-ʾuṣūl. Ed. Aḥmad Zakī Ḥammād. SIDRA, Riad, 2009?. S. 328. (Sharia is available for free viewing and download at the Internet Archive).
- ^ Abdeljelil: „Die Maximen der islamischen Jurisprudenz“. 2014, S. 68–70.
- ^ Kurnaz: Der Diskurs über maqāṣid aš-šarīʿa. 2014, S. 92.
- ^ Opwis 2007, p. 65.
- ^ Opwis 2007, pp. 66–68.
- ^ Opwis 2007, pp. 68–69.
- ^ https://files.eric.ed.gov/fulltext/EJ1128456.pdf
- ^ Gontowska, Luiza Maria, "Human Rights Violations Under the Sharia'a : A Comparative Study of the Kingdom of Saudi Arabia and the Islamic Republic of Iran" (2005). Honors College Theses. Paper 13.
- ^ https://files.eric.ed.gov/fulltext/EJ1128456.pdf
- ^ a b c d e f g h i Rabb 2009c.
- ^ ISBN 978-0-19-512558-0.
- ISBN 978-0-19-512558-0.
- ^ sometimes spelt mojtahed
- S2CID 159897995– via JSTOR.
- S2CID 121170987– via JSTOR.
- ISBN 1-85168-204-X.
- ISBN 978-0-8156-3388-4.
- ^ a b Hallaq 2009, p. 20.
- ^ "According to the Bishair the fardh, is like the wajib but the wajib expresses [that something should] occur and the fard, expresses [that something has] a definitive assessment. https://brill.com/display/book/edcoll/9789047400851/B9789047400851_s012.xml?language=en
- ^ Zum Beispiel Sayyid Ahmad Khan. Vgl. Ahmad: Islamic Modernism in India and Pakistan 1857–1964. 1967, S. 49.
- ^ "Ek 15 – Dini Görevler: Tanrı'dan Bir Armağan". Teslimolanlar. Retrieved 30 May 2021.
- ^ Vgl. Birışık: "Kurʾâniyyûn" in Türkiye Diyanet Vakfı İslâm Ansiklopedisi. 2002, Bd. 26, S. 429.; Yüksel; al-Shaiban; Schulte-Nafeh: Quran: A Reformist Translation. 2007, S. 507.
- ^ "10. How Can we Observe the Sala Prayers by Following the Quran Alone? - Edip-Layth - quranix.org". quranix.org. Retrieved 14 August 2023.
- ^ Jonathan A. C. Brown, "Faithful Dissenters: Sunni Skepticism about the Miracles of Saints", Journal of Sufi Studies 1 (2012), p. 123
- ^ Christopher Taylor, In the Vicinity of the Righteous (Leiden: Brill, 1999), pp. 5–6
- ISBN 978-90-04-16121-4.
- ^ a b c d e Ziadeh 2009c.
- ^ a b c d e Hallaq 2009, pp. 28–30.
- ^ a b c Hallaq 2009, pp. 10–11.
- ISBN 978-0684832807.
- ^ Smith, W. (1957). Islam in Modern History. p. 57.
- ^ Forte, David F. (1978). "Islamic Law; the impact of Joseph Schacht" (PDF). Loyola Los Angeles International and Comparative Law Review. 1: 2. Archived (PDF) from the original on 20 April 2018. Retrieved 19 April 2018.
- ^ a b c d e f g h i j k l Hussin 2014.
- ^ Hallaq 2009, pp. 9–10, 13.
- ^ a b Hallaq 2009, pp. 9–10.
- ^ Stewart 2013, p. 499.
- ^ Hallaq 2010, p. 180.
- ^ a b c d e f Stewart 2013, p. 501.
- ^ a b c d e f g Dallal & Hendrickson 2009.
- ^ a b Hallaq 2009, pp. 45–47.
- ^ a b Lapidus 2014, p. 217.
- ^ a b Hallaq 2009, pp. 11–12.
- ^ Hallaq 2010, p. 158.
- ^ a b Rabb 2009.
- ^ a b c d Tillier 2014.
- ^ Hallaq 2009, pp. 57–60.
- ^ Hallaq 2009b, pp. 159–62.
- ^ a b c Hallaq 2010, pp. 166–67.
- ^ Berkey 2003, pp. 225–26.
- ^ Hodgson 1974, pp. 176–77.
- ^ a b c d e Jones-Pauly 2009.
- ^ a b c Stewart 2013, p. 502.
- ^ a b Lapidus & Salaymeh 2014, p. 212.
- ^ Lapidus & Salaymeh 2014, p. 213.
- ^ Nettler 2009.
- ^ Esposito & DeLong-Bas 2018, p. 85.
- ^ Masters 2009.
- ^ Lapidus 2014, p. 351.
- ^ Hardy 1991, p. 566.
- ^ Lapidus & Salaymeh 2014, p. 360.
- ^ Gocek, Fatma Muge (2005). "The Legal Recourse of Minorities in History: Eighteenth-Century Appeals to the Islamic Court of Galata". Interdisciplinary Journal of Middle Eastern Studies: 53, 54.
- ^ S2CID 145552242.
- ^ a b Lewis 1992, p. 7.
- ^ a b c El Achi 2018.
- ^ Ali 2010, p. 39.
- ^ Hallaq 2009, p. 61.
- ^ Hallaq 2009b, p. 167.
- ^ Hallaq 2010, p. 174.
- ^ a b c d Hallaq 2010, pp. 176–81.
- ^ a b c d Masud 2009.
- ^ a b Stewart 2013, p. 503.
- ^ Hallaq 2009b, p. 378.
- ^ a b Hallaq 2010, pp. 174–76.
- ^ a b c d e f Hallaq 2010, pp. 182–83.
- ^ a b c d Schacht & Layish 2000, p. 155.
- ^ Rabb 2009d.
- ^ a b c d e f g Stewart 2013, pp. 503–04.
- ^ a b Lapidus 2014, p. 835.
- ^ a b c Otto 2008, p. 20.
- ^ Otto 2008, pp. 8–9.
- ^ Otto 2008, pp. 18–19.
- ^ Abiad 2008, pp. 38–42.
- ^ Niki Kitsantonis (10 January 2018). "Greece Scraps Compulsory Shariah for Muslim Minority". The New York Times. Archived from the original on 16 April 2019. Retrieved 16 April 2019.
- ^ Tellenbach 2015, pp. 249–50.
- ^ Austin Ramzy (28 March 2019). "Brunei to Punish Adultery and Gay Sex With Death by Stoning". New York Times. Archived from the original on 25 February 2021. Retrieved 28 March 2019.
- ^ "Brunei Shariah law applies death sentence for homosexuality". Deutsche Welle. 27 March 2019. Archived from the original on 31 March 2019. Retrieved 27 March 2019.
- ^ Brown 2017.
- .
- ^ ISSN 0008-1973.
- Israel Ministry of Justice. Archivedfrom the original on 25 March 2019. Retrieved 19 March 2019.
- ^ "India". Law.emory.edu. Archived from the original on 16 January 2013. Retrieved 18 February 2013.
- ^ Taher, Abul (14 September 2008). Revealed: UK’s first official sharia courts. The Sunday Times
- ^ Inside Britain's Sharia courts Archived 18 May 2018 at the Wayback Machine Jane Corbin, The Telegraph (7 April 2013)
- ^ Bowen, John R. (2010). "How could English courts recognize Shariah?". University of St. Thomas Law Journal. 7 (3): 411–35. Archived from the original on 21 August 2016. Retrieved 19 July 2016.
- ^ "Qatar: The Duality of the Legal System". Archived from the original on 8 July 2010. Retrieved 28 April 2010.
- ^ Saudi Arabia Basic Industries Corp. v. Mobil Yanbu Petrochemical Co., Supreme Court of Delaware, January 14, 2005 p. 52. "The Saudi law system differs in critically important respects from the system of legal thought employed by the common law countries, including the United States. 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."
- ^ Tetley (1999), Mixed Jurisdictions: Common Law v. Civil Law (Codified and Uncodified), La. Law Review, 60, 677
- ^ ISBN 978-1610271288, Chapter 4[page needed]
- ISBN 978-9004172258, pp. 126–27
- ^ Etannibi E. O. Alemika (2005), "Human Rights and Shariah Penal Code in Northern Nigeria", UN Human Rights Monitor, pp. 110–27
- ^ a b c "MENA Gender Equality Profile – Status of Girls and Women in the Middle East and North Africa, UNICEF (October 2011)" (PDF). Archived (PDF) from the original on 5 June 2012. Retrieved 22 March 2016.
- ^ SSRN 1113891.
- ISBN 978-0892591428, pp. 1–68[not specific enough to verify]
- ISBN 978-1452240350, pp. 36–37
- ^ Otto 2008, p. 663.
- ^ Otto 2008, p. 31.
- ^ Ajijola, Alhaji A.D. (1989). Introduction to Islamic Law. Karachi: International Islamic Publishers. p. 133.
- JSTOR 3382008.[need quotation to verify]
- ^ Mohd Noor, Azman; Ibrahim, Ahmad Basri (2008). "The rights of a rape victim in Islamic Law". IIUM Law Journal. 16 (1): 65–83. Archived from the original on 27 December 2020. Retrieved 19 July 2016.
- ^ Shahbaz Ahmad Cheema (30 January 2017). "DNA Evidence in Pakistani Courts: An Analysis". Lums Law Journal. 3. Archived from the original on 25 March 2019. Retrieved 25 March 2019.
- ISBN 978-9004145924.
- ^ ISBN 978-9774166174, pp. 96–101 and Chapter 4
- ^ ISBN 978-0691156415, pp. 246–49 and Chapter 12
- ^ "Explaining the Economic Trajectories of Civilizations – Musings on the Systemic Approach" Archived 20 October 2014 at the Wayback Machine pp. 7, 10.
- ISBN 978-0275930097.
- ^ Florida Journal of International Law.[page needed]
- ^ William, Arsani (Spring 2010). "An Unjust Doctrine of Civil Arbitration: Sharia Courts in Canada and England" (PDF). Stanford Journal of International Relations. 11 (2): 40–47. Archived (PDF) from the original on 18 August 2016. Retrieved 18 July 2016.
- ISBN 978-9004128187, pp. 406–07
- ^ ISBN 978-0199661633, pp. 234–35
- ISBN 978-9004172258. Archivedfrom the original on 11 October 2017. Retrieved 17 June 2017.
- ISBN 978-0199673599.
- ^ U.S. State Department (17 October 2008). "International Religious Freedom Report 2006, U.S. State Department". Archived from the original on 25 May 2019. Retrieved 22 May 2019.
- ^ State Department of the U.S. Government (2012), Saudi Arabia 2012, International Religious Freedom Report, p. 4 Archived 28 March 2017 at the Wayback Machine
- ^ Human Rights Watch (2004), Migrant Communities in Saudi Arabia Archived 10 October 2017 at the Wayback Machine
- ^ Saudi Arabia Archived 27 December 2020 at the Wayback Machine Bureau of Democracy, Human Rights, and Labor, US State Department, 2011 Report on International Religious Freedom Report (2011)
- ^ a b c Hendrickson 2013.
- ^ a b Masud & Kéchichian 2009.
- ^ a b c d Messick 2017.
- ^ a b Messick & Kéchichian 2009.
- ^ Vikør 2005, p. 142.
- ^ a b c d e Berger 2014.
- ^ a b c d e Thielmann 2017.
- ^ Mack 2018.
- ^ Chan 2016.
- ^ "Movies". Revolutionary Association of the Women of Afghanistan (RAWA). Archived from the original (MPG) on 25 March 2009.
- ISBN 978-8132117513. Archivedfrom the original on 27 December 2020. Retrieved 16 July 2019.
- ^ "Iran's Basij Force – The Mainstay Of Domestic Security". RadioFreeEurope/RadioLiberty. 15 January 2009. Archived from the original on 10 January 2012. Retrieved 24 May 2014.
- S2CID 154801688.
- from the original on 28 May 2016. Retrieved 10 June 2016.
- ^ "Who are Islamic 'morality police'?". BBC News Online. 22 April 2016. Archived from the original on 13 April 2019. Retrieved 18 April 2019.
- ^ ISBN 978-9004128187, p. 9
- (PDF) from the original on 18 April 2019. Retrieved 11 April 2019.
- .
- ISBN 978-0415683166, Chapter 14, p. 257
- ^ a b c Stence, Sandra, ed. (2013). The World's Muslims: Religion, Politics and Society (PDF). Research: Alan Cooperman, Neha Sahgal, Jessica Hamar Martinez, et al. The Pew Forum on Religion & Public Life. pp. 15–19, 46, 147–48. Archived from the original (PDF) on 30 October 2014. Retrieved 31 August 2015.
- ^ Stence 2013, p. 48.
- ^ "The World's Muslims: Religion, Politics and Society. Chapter 1: Beliefs About Sharia". Pew Research Center. 30 April 2013. Archived from the original on 23 March 2019. Retrieved 18 April 2019.
- ^ "Conference Call Transcript: The World's Muslims: Religion, Politics and Society". Pew Research Center. 30 April 2013. Archived from the original on 18 April 2019. Retrieved 18 April 2019.
- ^ Jonathan A.C. Brown, Misquoting Muhammad, p. 131.
- ^ a b Feldman, Noah (16 March 2008). "Why Shariah?". New York Times Magazine. Archived from the original on 27 April 2019. Retrieved 23 February 2017.
- ^ "Sharia law 'could have UK role'". BBC News. 4 July 2008. Archived from the original on 21 September 2008. Retrieved 4 September 2016.
- ^ Killing for religion is justified, say third of Muslim students Archived 11 February 2018 at the Wayback Machine The Telegraph (26 July 2008)
- ^ "Michael J. Broyde". Emory University School of Law. Archived from the original on 15 July 2017. Retrieved 3 July 2017.
- ^ Michael Broyde (30 June 2017). "Sharia in America". Volokh Conspiracy, via Washington Post. Archived from the original on 1 July 2017. Retrieved 3 July 2017.
- ^ Awad, Abed (14 June 2012). "The Nation". The Nation. Archived from the original on 10 December 2015. Retrieved 10 December 2015.
- ^ ISBN 978-0099523277. Archivedfrom the original on 27 December 2020. Retrieved 21 November 2020.
- ^ a b Slajda, Rachel (23 September 2010). "The War On Sharia Started Long Before You Ever Heard 'Ground Zero Mosque'". Talking Points Memo. TPM Muckraker. Archived from the original on 10 December 2015. Retrieved 10 December 2015.
- ^ West, Diana (23 February 2008). "Don't Ignore Sharia's Advance". Times – News [Burlington, N.C]. Archived from the original on 10 December 2015. Retrieved 10 December 2015.
- ^ "Cameron steps into Sharia law row". BBC. 26 February 2008. Archived from the original on 2 October 2015. Retrieved 10 December 2015.
- ^ "Germany won't tolerate 'Sharia police'". DW. 6 September 2014. Archived from the original on 22 September 2015. Retrieved 8 September 2015.
- ^ "Quebec gives thumbs down to Shariah law". Archived from the original on 9 October 2017. Retrieved 31 July 2017.
- ^ Choski, Bilal M. (14 March 2012). "Religious Arbitration in Ontario – Making the Case Based on the British Example of the Muslim Arbitration Tribunal". law.upenn.edu. Archived from the original on 4 March 2016. Retrieved 10 December 2015.
- ^ ISBN 978-1440831003. Archivedfrom the original on 13 December 2016. Retrieved 13 January 2017.
- ^ "Oklahoma International and Sharia Law, State Question 755 (2010)". Ballotpedia. Archived from the original on 18 May 2021. Retrieved 19 March 2021.
- ^ Otto 2008, p. 30.
- ^ from the original on 27 December 2020. Retrieved 4 April 2020.
- ^ Esposito & DeLong-Bas 2018, pp. 142–43.
- ^ Esposito & DeLong-Bas 2018, p. 145.
- ^ "Most Muslims Want Democracy, Personal Freedoms, and Islam in Political Life". Pew Research Center. 10 July 2012. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ^ Magali Rheault; Dalia Mogahed (3 October 2017). "Majorities See Religion and Democracy as Compatible". Gallup. Archived from the original on 17 April 2019. Retrieved 17 April 2019.
- ^ Muslih & Browers 2009.
- ^ Kevin Boyle (2004). "Human Rights, Religion and Democracy: The Refah Party Case" (PDF). Essex Human Rights Review. 1 (1): 2. Archived (PDF) from the original on 21 April 2018. Retrieved 16 April 2019.
- ^ "Refah Partisi (The Welfare Party) and Others v. Turkey". The International Journal of Not-for-Profit Law. 13 February 2003. Archived from the original on 29 November 2014. Retrieved 20 November 2014.
- ^ Hearing of the European Court of Human Rights Archived 28 May 2006 at the Wayback Machine, 22 January 2004 (PDF)
- ^ "ECHR press release Refah Partisi (2001)". Echr.coe.int. Archived from the original on 24 January 2010. Retrieved 4 April 2012.
- ISBN 978-1409434443, pp. 235–71
- hdl:1887/62331.
- ^ Kevin Boyle (2004). "Human Rights, Religion and Democracy: The Refah Party Case" (PDF). Essex Human Rights Review. 1 (1): 12. Archived (PDF) from the original on 21 April 2018. Retrieved 16 April 2019.
- ^ David P. Forsythe (2009), Encyclopedia of Human Rights: Vol. 1, Oxford University Press, pp. 239–45
- OCLC 81814299.
- ISBN 978-1780740454. Archivedfrom the original on 12 December 2016. Retrieved 20 July 2016.
- S2CID 144825564.
- ]
- ISBN 978-1315502557.[page needed]
- ^ Paul Kurtz, Austin Dacey, and Tom Flynn. "Defaming Human Rights". Free Inquiry. February/March 2009, Vol. 29, No. 2.
- ^ Glenn, H. Patrick (2014), pp. 199–205
- JSTOR 41802396.
- S2CID 144779047.
- ^ ISBN 978-1610691772, pp. 59–67
- ISBN 978-1621570257, pp. 100–01
- .
- ISBN 978-0754630838.
- ISBN 978-1107039575p. 332
- ^ "Blasphemy: Islamic Concept". Encyclopedia of Religion. Vol. 2. Farmington Hills, MI: Thomson Gale. 2005. pp. 974–76.
- Salafi, related to Hanbali school), al-Sārim al-Maslūl ‘ala Shātim al-Rasūl(or, A ready sword against those who insult the Messenger), Published in 1297 AD in Arabic, Reprinted in 1975 and 2003 by Dar-ibn Hazm (Beirut), the book is on blasphemy/insulting Muhammad and the punishment per sharia
- ^ Jerusha Lamptey (2014), Never Wholly Other: A Muslima Theology of Religious Pluralism, Oxford University Press, Chapter 1 with footnotes 28, 29 p. 258
- ISBN 0028657357
- ^ P Smith (2003). "Speak No Evil: Apostasy, Blasphemy and Heresy in Malaysian Syariah Law". UC Davis Journal Int'l Law & Policy. 10, pp. 357–73.
- N Swazo (2014). "The Case of Hamza Kashgari: Examining Apostasy, Heresy, and Blasphemy Under Sharia". The Review of Faith & International Affairs 12(4). pp. 16–26.
- ^ Juan Eduardo Campo, ed. (2009). "Blasphemy". Encyclopedia of Islam. Infobase Publishing.
- ^ Harun Omer, "The Invented Islam – 'Punishment for Blasphemy'" Archived 22 December 2015 at the Wayback Machine, TheSharia.com, 2015
- ^ An Anti-Blasphemy Measure Laid to Rest Archived 19 January 2015 at the Wayback Machine Nina Shea, National Review (31 March 2011)
- ^ "University of Minnesota Human Rights Library". Archived from the original on 3 November 2018. Retrieved 13 January 2017.
- ISBN 978-1137388599, p. 74, Quote: "(In the case of blasphemy and Salman Rushdie) the death sentence it pronounced was grounded in a jurisprudential gloss on the Surah al-Ahzab (33:57)"
- ^ Bad-mouthing: Pakistan’s blasphemy laws legitimise intolerance Archived 10 September 2017 at the Wayback Machine The Economist (29 November 2014)
- ^ Blasphemy: Dangerous words Archived 7 July 2017 at the Wayback Machine The Economist (7 January 2015)
- ^ a b c "What are Pakistan's blasphemy laws?". BBC News. 6 November 2014. Archived from the original on 5 April 2019. Retrieved 18 April 2019.
- ^ ISBN 978-0691134840. Archivedfrom the original on 6 April 2019. Retrieved 18 April 2019.
- ^ Which countries still outlaw apostasy and blasphemy? Archived 25 July 2016 at the Wayback Machine Pew Research Center, United States (May 2014)
- ^ JSTOR 1570336.
- ISBN 978-0684807126. Archivedfrom the original on 27 December 2020. Retrieved 27 November 2015.
- ^ ISBN 978-0-7391-3523-5. Archivedfrom the original on 11 January 2016.
- ISBN 978-0415396387. Archivedfrom the original on 12 December 2013. Retrieved 29 November 2013.
- ISBN 978-0195125597. Archivedfrom the original on 12 December 2013. Retrieved 28 November 2013.
- ISBN 978-0-521-86147-2.
- ^ ISBN 978-0691134840.
- ^ Vikør 2005, p. 291.
- ^ a b c d Elliott, Andrea (26 March 2006). "In Kabul, a Test for Shariah". The New York Times. New York Times. Archived from the original on 11 January 2016. Retrieved 28 November 2015.
- ^ Abdelhadi, Magdi (27 March 2006). "What Islam says on religious freedom". BBC News. Archived from the original on 11 February 2017. Retrieved 14 October 2009.
- ^ "Sudan woman faces death for apostasy". BBC News. 15 May 2014. Archived from the original on 19 May 2014.
There is a long-running debate in Islam over whether apostasy is a crime. Some liberal scholars hold the view that it is not (...), Others say apostasy is (...). The latter is the dominant view in conservative Muslim states such as Sudan, Saudi Arabia and Pakistan (...).
- ^ ISBN 978-1-4051-2174-3.
- ISSN 0027-4909.
- ISBN 978-0199794133. Archivedfrom the original on 11 June 2020. Retrieved 18 April 2019.
- ^ Ahmet Albayrak writes in The Qur'an: An Encyclopedia that regarding apostasy as a wrongdoing is not a sign of intolerance of other religions, and is not aimed at one's freedom to choose a religion or to leave Islam and embrace another faith, but that on the contrary, it is more correct to say that the punishment is enforced as a safety precaution when warranted if apostasy becomes a mechanism of public disobedience and disorder (fitna). Oliver Leaman, The Qur'an: An Encyclopedia, pp. 526–27.
- ISBN 978-0061189036.
- ^ "UN rights office deeply concerned over Sudanese woman facing death for apostasy". UN News Centre. 16 May 2014. Archived from the original on 17 April 2017. Retrieved 17 April 2017.
- ^ "Saudi Arabia: Writer Faces Apostasy Trial". Human Rights Watch. 13 February 2012. Archived from the original on 17 April 2017. Retrieved 17 April 2017.
- ISBN 978-0-415-15390-4. Archivedfrom the original on 11 January 2016.
- ^ Laws Criminalizing Apostasy Archived 31 December 2017 at Wikiwix Library of Congress (2014)
- ^ Laws Criminalizing Apostasy Archived 11 October 2017 at the Wayback Machine Library of Congress (2014)
- ^ Apostasy Archived 4 September 2014 at the Wayback Machine Oxford Islamic Studies Online, Oxford University Press (2012)
- ISSN 0027-4909.
- .
- ^ E. K. Rowson (2012). "Homosexuality in Islamic Law". Encyclopedia Iranica. Archived from the original on 9 April 2019. Retrieved 9 April 2019.
- S2CID 149570040.
- ISBN 978-1304399694. Archivedfrom the original on 14 May 2021. Retrieved 18 December 2020.
- S2CID 1099061.
- ISBN 978-0-521-51430-9.
- ^ Tilo Beckers, "Islam and the Acceptance of Homosexuality", in Islam and Homosexuality, Volume 1, ed. Samar Habib, 64–65 (Praeger, 2009).
- ^ Shafiqa Ahmadi (2012). "Islam and Homosexuality: Religious Dogma, Colonial Rule, and the Quest for Belonging". Journal of Civil Rights and Economic Development. 26 (3): 557–558. Archived from the original on 4 April 2019. Retrieved 9 April 2019.
- ^ a b "How homosexuality became a crime in the Middle East". The Economist. 6 June 2018. Archived from the original on 7 April 2019. Retrieved 9 April 2019.
- ^ "The Death Penalty in Afghanistan". Death Penalty Worldwide. Archived from the original on 14 September 2017. Retrieved 25 August 2017.
- ^ Bearak, Max; Cameron, Darla (16 June 2016). "Analysis – Here are the 10 countries where homosexuality may be punished by death". The Washington Post. Archived from the original on 11 November 2016. Retrieved 9 April 2019.
- ^ Schacht, J.; Layish, A.; Shaham, R.; Ansari, Ghaus; Otto, J.M.; Pompe, S.; Knappert, J.; Boyd, Jean (1995). "Nikāḥ". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam. Vol. 8 (2nd ed.). Brill. p. 29.
- ISBN 0195144201, p. 83
- ^ Badawi, Jamal A. (September 1971). "The Status of Women in Islam". Al-Ittihad Journal of Islamic Studies. 8 (2).[page needed]
- ^ Feldman, Noah (16 March 2008). "Why Shariah?". The New York Times. Archived from the original on 16 November 2012. Retrieved 17 September 2011.
- ^ a b Ali, K. (2010). Marriage and slavery in early Islam. Harvard University Press.[page needed]
- ^ Hafez, Mohammed (September 2006). "Why Muslims Rebel". Al-Ittihad Journal of Islamic Studies. 1 (2).
- ^ Horrie & Chippindale 1991, p. 49.
- JSTOR 3381490.
- ^ Jonathan A.C. Brown, Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet's Legacy, Oneworld Publications (2014), pp. 275-276
- ^ "Surah 4:34 (An-Nisaa), Alim – Translated by Mohammad Asad, Gibraltar (1980)". Archived from the original on 27 September 2013. Retrieved 29 July 2013.
- ^ "Salhi and Grami (2011), Gender and Violence in the Middle East and North Africa, Florence (Italy), European University Institute". Archived from the original on 27 September 2013.
- ISBN 978-0791491553.
- ISBN 978-0754675471.
- ^ Funder, Anna (1993). "De Minimis Non Curat Lex: The Clitoris, Culture and the Law". Transnational Law & Contemporary Problems. 3 (2): 417–67.
- ISBN 978-9812302830.
- SSRN 1121953.
- ^ CEDAW and Muslim Family Laws: In Search of Common Ground. Musawah. 2012. Archived from the original on 24 June 2016. Retrieved 18 July 2016.[page needed]
- S2CID 154841891.
- ^ "Lebanon – IRIN, United Nations Office of Humanitarian Affairs (2009)". IRINnews. 22 September 2009. Archived from the original on 12 August 2013. Retrieved 31 July 2013.
- ^ "UAE: Spousal Abuse never a Right". Human Rights Watch. 19 October 2010. Archived from the original on 26 February 2017. Retrieved 13 January 2017.
- ISBN 978-0415969680.
- ^ "Canadian Muslims Launch Annual White Ribbon Campaign". Iqra.ca. 15 November 2013. Archived from the original on 27 December 2020. Retrieved 12 September 2020.
- ^ "Call to Action to Eradicate Domestic Violence". Iqra.ca. 16 November 2011. Archived from the original on 27 December 2020. Retrieved 12 September 2020.
- ^ "Muslim Council of Britain urges Imams to speak out against domestic abuse this Friday". Muslim Council of Britain (MCB). 19 March 2014. Archived from the original on 27 December 2020. Retrieved 12 September 2020.
- ^ Stewart, Philippa H. "Imams rally against domestic violence in the UK". www.aljazeera.com. Archived from the original on 27 December 2020. Retrieved 12 September 2020.
- ^ Mohammad Hashim Kamali. Crime and Punishment in Islamic Law: A Fresh Interpretation. Oxford University Press. p. 67.
- ^ "Kendra Heideman and Mona Youssef, Challenges to Women's Security in the MENA Region, Wilson Center (March, 2013)" (PDF). Archived (PDF) from the original on 4 March 2016. Retrieved 22 March 2016.
- ^ "Sanja Kelly (2010) New Survey Assesses Women's Freedom in the Middle East, Freedom House (funded by US Department of State's Middle East Partnership Initiative)". 20 May 2005. Archived from the original on 27 September 2013. Retrieved 3 August 2013.
- ^ a b
- Bernard Lewis (2002), What Went Wrong?, ISBN 0195144201, pp. 82–83;
- Brunschvig. 'Abd; Encyclopedia of Islam, Brill, 2nd Edition, Vol 1, pp. 13–40.
- Bernard Lewis (2002), What Went Wrong?,
- ^ (Quran 16:71, 24:33, 30:28)
- ^ Slavery in Islam Archived 6 October 2018 at the Wayback Machine BBC Religions Archives
- JSTOR 20048203.
- ISBN 0292776942.
- ISBN 0253212642.
- ISBN 978-9004162914.
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.
- ISBN 978-0521784306.
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.
- ISBN 978-0230100169.
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. [p. 113]
- ^ John L. Esposito, ed. (2014). "Umm al-Walad". The Oxford Dictionary of Islam. Oxford: Oxford University Press. Archived from the original on 1 August 2017. Retrieved 18 March 2019.
- ^ a b c d Anisseh Engeland-Nourai, The Challenge of Fragmentation of International Humanitarian Law Regarding the Protection of Civilians – An Islamic Perspective Archived 22 January 2015 at the Wayback Machine School of Law, University of Bedfordshire, pp. 18–25
- ^ Horrie & Chippindale 1991, p. 4.
- ^ Horrie & Chippindale 1991, p. 100.
- ^ Norwitz, Jeffrey H. (2009). Pirates, Terrorists, and Warlords: The History, Influence, and Future of Armed Groups Around the World. New York: Skyhorse Publishing. pp. 84–86.
- ^ Jamaldeen, Faleel. "Seven Prohibited Industries in Islamic Financial Investments". Archived from the original on 27 December 2020. Retrieved 7 September 2020.
- ^ Chen, James. "Shariah-Compliant Funds". Investopedia. Archived from the original on 27 December 2020. Retrieved 7 September 2020.
- .
- ISBN 978-0199739356. Archivedfrom the original on 23 January 2017. Retrieved 16 April 2019.
- .
- ^ Bernard Lewis (27 September 2001). "Jihad vs. Crusade". Opinionjournal.com. Archived from the original on 16 August 2016. Retrieved 4 August 2016.
- ISSN 1478-1913.
In classical Muslim doctrine on war, likewise, genuine non-combatants are not to be harmed. These include women, minors, servants and slaves who do not take part in the fighting, the blind, monks, hermits, the aged, those physically unable to fight, the insane, the delirious, farmers who do not fight, traders, merchants, and contractors. The main criterion distinguishing combatants from non-combatants is that the latter do not fight and do not contribute to the war effort.
- ^ Bernard Lewis (with Buntzie Ellis Churchill) 'Islam: The Religion and the People' (2008). Pearson Prentice Hall. p. 151
- ^ Bernard Lewis (with Buntzie Ellis Churchill) 'Islam: The Religion and the People' (2008). Pearson Prentice Hall p. 153
- ^ ISBN 978-1107394124. Archivedfrom the original on 12 December 2016. Retrieved 13 January 2017.
- ^ Controversial preacher with 'star status' Archived 29 December 2016 at the Wayback Machine BBC article, by Agdi Abdelhadi on 7 July 2004
- ^ Charles Kurzman. "Islamic Statements Against Terrorism". Archived from the original on 10 April 2019. Retrieved 13 January 2017.
- ^ Ira Lapidus, The Cambridge Illustrated History of the Islamic World edited by Francis Robinson. Cambridge University Press, 1996, pp. 297–98 see Bibliography for Conclusion.
- ^ Stewart 2013, p. 496.
- ^ a b Glenn 2014, pp. 183–84.
- ^ a b c Makdisi, John A. (June 1999), "The Islamic Origins of the Common Law", North Carolina Law Review, 77 (5): 1635–1739
- ^ a b Mukul Devichand (24 September 2008). "Is English law related to Muslim law?". BBC News. Archived from the original on 27 September 2008. Retrieved 5 October 2008.
- ^ Hussain, Jamila (2001). "Book Review: The Justice of Islam by Lawrence Rosen". Melbourne University Law Review. 30.
- ISBN 978-0521864145.
- from the original on 29 March 2018. Retrieved 22 September 2018.
- JSTOR 839667.
- .
- ^ JSTOR 604423.
- ISBN 978-0415966917. Archivedfrom the original on 12 December 2016. Retrieved 28 July 2016.
- JSTOR 30038724.
- .
- .
- ^ Ziauddin Sardar (28 January 2011). "The Long Divergence: How Islamic Law Held Back the Middle East, By Timur Kuran". The Independent. Archived from the original on 2 May 2021. Retrieved 2 May 2021.
Sources
- Abiad, Nisrine (2008). Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study. British Institute of International and Comparative Law.
- Ali, Kecia (2010). Marriage and Slavery in Early Islam. Harvard University Press.
- Amanat, Abbas (2009). "Preface". In Abbas Amanat; Frank Griffel (eds.). Shari'a: Islamic Law in the Contemporary Context. Stanford University Press (Kindle Edition).
- ISBN 9789041101761. Archived from the original(PDF) on 16 January 2014.
- Berger, Maurits S. (2014). "Fatwa". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. Archived from the original on 17 April 2019.
- Berkey, Jonathan Porter (2003). The Formation of Islam: Religion and Society in the Near East, 600-1800. Cambridge University Press.
- Brown, Jonathan A. C. (2009). "Maṣlaḥah". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 11 October 2017.
- Brown, Jonathan A. C. (2017). "Stoning and Hand Cutting—Understanding the Hudud and the Shariah in Islam". Yaqeen Institute. Retrieved 24 March 2019.
- Calder, Norman; Hooker, Michael Barry (2007). "S̲h̲arīʿa". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam. Vol. 9 (2nd ed.). Brill. pp. 321–26.
- Calder, Norman (2009). "Law. Legal Thought and Jurisprudence". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 21 November 2008.
- Chan, Sewell (2016). "Saudi Arabia Moves to Curb Its Feared Religious Police". The New York Times. Retrieved 18 April 2018.
- Coulson, Noel James; El Shamsy, Ahmed (2019). "Sharīʿah". Encyclopædia Britannica.
- Dahlén, Ashk (2003), Islamic Law, Epistemology and Modernity. Legal Philosophy in Contemporary Iran, New York: Routledge, ISBN 9780415945295
- Dallal, Ahmad S.; Hendrickson, Jocelyn (2009). "Fatwā. Modern usage". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 20 November 2015.
- Duderija, Adis (2014). Adis Duderija (ed.). Contemporary Muslim Reformist Thought and Maqāṣid cum Maṣlaḥa Approaches to Islamic Law: An Introduction. Vol. Maqasid al-Shari’a and Contemporary Reformist Muslim Thought: An Examination. Springer.
- El Achi, Soha (2018). "Slavery". In Jonathan Brown (ed.). The Oxford Encyclopedia of Islam and Law. Oxford University Press.
- Esposito, John L.; DeLong-Bas, Natana J. (2018). Shariah: What Everyone Needs to Know. Oxford University Press.
- Gleave, R.M. (2012). "Maḳāṣid al-Sharīʿa". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam (2nd ed.). Brill. .
- Glenn, H. Patrick (2014). Legal Traditions of the World – Sustainable Diversity in Law (5th edition) ed.). Oxford University Press. ISBN 978-0199669837
- ISBN 978-0521678735.
- Hallaq, Wael B. (2009b). Sharī'a: Theory, Practice, Transformations. Cambridge University Press (Kindle edition).
- Hallaq, Wael B. (2010). "Islamic Law: History and Transformation". In Robert Irwin (ed.). The New Cambridge History of Islam. Vol. 4. Cambridge University Press.
- Harnischfeger, Johannes (2008). Democratization and Islamic Law – The Sharia Conflict in Nigeria. Frankfurt; New York City: Campus Verlag and Chicago: University of Chicago Press (distributor). ISBN 978-3593382562.
- Hardy, P. (1991). "Djizya. iii. India". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam. Vol. 2 (2nd ed.). Brill.
- Hendrickson, Jocelyn (2013). "Fatwa". In Gerhard Böwering, Patricia Crone (ed.). The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press.
- Hodgson, Marshall G. S. (1974). The Venture of Islam, Volume 3: The Gunpowder Empires and Modern Times. University of Chicago Press (Kindle edition).
- Holland, Tom (2012). In the Shadow of the Sword. UK: Doubleday. ISBN 978-0-385-53135-1. Retrieved 29 August 2019.
- ISBN 978-0753508275.
- ISBN 9780199739356.
- Jokisch, Benjamin (2015). "Origins of and Influences on Islamic law". In Anver M. Emon; Rumee Ahmed (eds.). The Oxford Handbook of Islamic Law. Oxford: Oxford University Press. ISBN 9780199679010.
- Jones-Pauly, Cristina (2009). "Codes and Codification". In Stanley N. Katz (ed.). Codes and Codification. Islamic Law. The Oxford International Encyclopedia of Legal History. Oxford: Oxford University Press. ISBN 9780195134056.
- Khadduri, Majid (1955). War and Peace in the Law of Islam. Baltimore: Johns Hopkins. OCLC 647084498.
- Kamali, Mohammad Hashim (1999). John Esposito (ed.). Law and Society. Vol. The Oxford History of Islam. Oxford University Press (Kindle edition).
- Khadduri, Majid; Liebesny, Herbert J., eds. (1955). Law in the Middle East. Middle East Institute. OCLC 578890367.
- Köndgen, Olaf (2022). A Bibliography of Islamic Criminal Law. Brill.
- ISBN 978-0521514309.
- Lapidus, Ira M.; Salaymeh, Lena (2014). A History of Islamic Societies. Cambridge University Press (Kindle edition). ISBN 978-0-521-51430-9.
- Lewis, Bernard (1992). Race and Slavery in the Middle East: An Historical Enquiry. Oxford University Press.
- Mack, Gregory (2018). "Ḥisbah". In Jonathan Brown (ed.). The Oxford Encyclopedia of Islam and Law. Oxford University Press.
- Masters, Bruce (2009). "Dhimmi". In Gábor Ágoston; Bruce Masters (eds.). Encyclopedia of the Ottoman Empire. Infobase Publishing.
- Masud, Muhammad Khalid (2009). "Anglo-Muhammadan Law". In Kate Fleet; Gudrun Krämer; Denis Matringe; John Nawas; Everett Rowson (eds.). Encyclopaedia of Islam (3rd ed.). Brill. .
- Masud, Muhammad Khalid; Kéchichian, Joseph A. (2009). "Fatwā. Concepts of Fatwā". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 20 November 2015.
- Mayer, Ann Elizabeth (2009). "Law. Modern Legal Reform". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 21 November 2008.
- Messick, Brinkley (2017). "Fatwā, modern". In Kate Fleet; Gudrun Krämer; Denis Matringe; John Nawas; Everett Rowson (eds.). Encyclopaedia of Islam (3rd ed.). Brill. .
- Messick, Brinkley; Kéchichian, Joseph A. (2009). "Fatwā. Process and Function". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 20 November 2015.
- Muslih, Muhammad; Browers, Michaelle (2009). "Democracy". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 11 June 2017.
- Nettler, Ronald L. (2009). "Dhimmī". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. ISBN 9780195305135.
- Opwis, Felicitas (2007). Abbas Amanat; Frank Griffel (eds.). Islamic Law and Legal Change: The Concept of Maslaha in Classical and Contemporary Legal Theory. Vol. Shari'a: Islamic Law in the Contemporary Context (Kindle ed.). Stanford University Press.
- Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. ISBN 978-9087280482.
- Otto, Jan Michiel, ed. (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Leiden University Press. ISBN 978-9400600171.
- Rabb, Intisar A. (2009). "Law. Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 21 November 2008.
- Rabb, Intisar A. (2009b). "Fiqh". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. ISBN 9780195305135.
- Rabb, Intisar A. (2009c). "Ijtihād". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. ISBN 9780195305135.
- Rabb, Intisar A. (2009d). "Law. Civil Law". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 21 November 2008.
- Schacht, Joseph; Layish, Aharon (2000). "Ṭalāḳ". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam. Vol. 10 (2nd ed.). Brill.
- Schneider, Irene (2014). "Fiqh". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. ISBN 9780199739356.
- Stewart, Devin J. (2013). "Shari'a". In Gerhard Böwering, Patricia Crone (ed.). The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press.
- Tellenbach, Silvia (2015). "Islamic Criminal Law". In Markus D. Dubber; Tatjana Hornle (eds.). The Oxford Handbook of Criminal Law. Oxford University Press. ISBN 978-0199673599
- Thielmann, Jörn (2017). "Ḥisba (modern times)". In Kate Fleet; Gudrun Krämer; Denis Matringe; John Nawas; Everett Rowson (eds.). Encyclopaedia of Islam (3rd ed.). Brill. .
- Tillier, Mathieu (2014). "Courts". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. ISBN 9780199739356.
- Vikør, Knut S. (2005). Between God and the Sultan: A History of Islamic Law. Oxford University Press.
- Vikør, Knut S. (2014). "Sharīʿah". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. Archived from the original on 4 June 2014.
- Ziadeh, Farhat J. (2009). "Uṣūl al-fiqh". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. ISBN 9780195305135.
- Ziadeh, Farhat J. (2009b). "Law. Sunnī Schools of Law". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 21 November 2008.
- Ziadeh, Farhat J. (2009c). "Criminal Law". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 1 November 2008.
Further reading
- Ahmad ibn Naqib al-Misri, Nuh Ha Mim Keller (1368). "Reliance of the Traveller"(PDF). Amana Publications. Retrieved 5 August 2022.
- Brockopp, Jonathan E. (2001). "Concubines". In Jane Dammen McAuliffe (ed.). Encyclopaedia of the Quran. Vol. 1. pp. 396–397.
- Coulson, Noel J. (1964). A History of Islamic Law. Edinburgh: Edinburgh U.P.
- Potz, Richard (2011), Islamic Law and the Transfer of European Law, EGO – European History Online, Mainz: Institute of European History, retrieved: 25 March 2021 (pdf).
- Schacht, Joseph (1964). An Introduction to Islamic Law. Oxford: Clarendon
External links
- "Islamic law" – in The Oxford Dictionary of Islam, via Oxford Islamic Studies Online
- Sharia Law – information and misconceptions about sharia law
- "Sharia" by Knut S. Vikør – In The Oxford Encyclopedia of Islam and Politics, via Bridging Cultures, National Endowment for the Humanities & George Mason University
- "Law" by Norman Calder et al. – In The Oxford Encyclopedia of the Islamic World, via Oxford Islamic Studies
- Brunei implements sharia law – UNAA (United Nations)
- Sharia Law in the International Legal Sphere – Yale University
- "Private Arrangements: 'Recognizing Sharia' in Britain" – anthropologist John R. Bowen explains the working of Britain's sharia courts in a Boston Review article
- Division of Inheritance According to Qur'an (Archived 20 February 2015 at the Wayback Machine)
- Explanation of "The Reward of the Omnipotent" – manuscript in Arabic, from the late 19th or early 20th century about Sharia.