Sharia

Sharia (Arabic ; , "way" or "path") is the sacred law of Islam. Most Muslims believe Sharia is derived from two primary sources of Islamic law: the divine revelations set forth in the Qur'an, and the example set by the Islamic Prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of Sharia to questions not directly addressed in the primary sources by including secondary sources. These secondary sources usually include the consensus of the religious scholars embodied in ijma, and analogy from the Qur'an and Sunnah through qiyas. Shia jurists replace qiyas analogy with 'aql, reasoning.

Muslims believe Sharia is God's law, but they differ as to what exactly it entails. Modernists, traditionalists and fundamentalists all hold different views of Sharia, as do adherents to different schools of Islamic thought and scholarship. Different countries and cultures have varying interpretations of Sharia as well.

Sharia deals with many topics addressed by secular law, including crime, politics and economics, as well as personal matters such as sexuality, hygiene, diet, prayer, and fasting. Where it enjoys official status, Sharia is applied by Islamic judges, or qadis. The imam has varying responsibilities depending on the interpretation of Sharia; while the term is commonly used to refer to the leader of communal prayers, the imam may also be a scholar, religious leader, or political leader.

The reintroduction of Sharia is a longstanding goal for Islamist movements in Muslim countries. Some Muslim minorities in Asia (e.g. in India) have maintained institutional recognition of Sharia to adjudicate their personal and community affairs. In western countries, where Muslim immigration is more recent, Muslim minorities have introduced Sharia family law, for use in their own disputes, with varying degrees of success (e.g. Britain's Muslim Arbitration Tribunal). Attempts to impose Sharia have been accompanied by controversy, violence, and even warfare (cf. Second Sudanese Civil War).

Etymology

In The Spirit of Islamic Law, Professor Bernard G. Weiss states "In archaic Arabic, the term sharì'a means 'path to the water hole.' When we consider the importance of a well-trodden path to a source of water for man and beast in the arid desert environment, we can readily appreciate why this term in Muslim usage should have become a metaphor for a whole way of life ordained by God."

In Understanding Islamic Law: From Classical to Contemporary, Professor Irshad Abdal-Haqq states "Shar'iah, or more properly Al-Shari'ah, literally means the pathway, path to be followed, or clear way to be followed, and has come to mean the path upon which the believer has to tread. In original usage Shar'iah meant the road to the watering place or path leading to the water, i.e., the way to the source of life. The technical application of the term as a reference to the law of Islam is traced directly to the Qur'an, wherein the adherents of Islam, the believers, are admonished by Allah (God) to follow the clear and right way, the path of Shari'ah: Then we put thee on the (right) Way of religion so follow thou that (Way), and follow not the desires of those who know not."

According to Abdul Mannan Omar in his Dictionary of the Holy Quran, the word at 45:18 (see Abdal-Haqq above) derives from the "Quranic root" shara'a. Derivations include: Shara'a (as prf. 3rd. p.m. sing.), meaning "He ordained", appearing once in the Qur'an at verse 45:13; Shara'u (prf. 3rd. p.m. plu.) "They decreed (a law)" appearing once at 42:21; Shir'atun (n.) "Spiritual law", used at 5:48; finally, Shariatun (act. 2nd. pic. f. sing.) "System of divine law, Way of belief and practice" is used at 45:18.

Definitions and descriptions

Sharia has been defined as "Muslim or Islamic law, both civil and criminal justice as well as regulating individual conduct both personal and moral. The custom-based body of law based on the Quran and the religion of Islam. Because, by definition, Muslim states are theocracies, religious texts are law, the latter distinguished by Islam and Muslims in their application, as Sharia or Sharia law." "a discussion on the duties of Muslims," —Hamilton Alexander Rosskeen Gibb "a long, diverse, complicated intellectual tradition," rather than a "well-defined set of specific rules and regulations that can be easily applied to life situations," —Hunt Janin and Andre Kahlmeyer "a shared opinion of the [Islamic] community, based on a literature that is extensive, but not necessarily coherent or authorized by any single body," —Knut S. Vikor

From the ninth century, the power to interpret and refine law in traditional Islamic societies was in the hands of the scholars (ulema). This separation of powers served to limit the range of actions available to the ruler, who could not easily decree or reinterpret law independently and expect the continued support of the community. Through succeeding centuries and empires, the balance between the ulema and the rulers shifted and reformed, but the balance of power was never decisively changed. At the beginning of the nineteenth century, the Industrial Revolution and the French Revolution introduced an era of European world hegemony that included the domination of most of the lands of Islam. At the end of the Second World War, the European powers found themselves too weakened to maintain their empires. The wide variety of forms of government, systems of law, attitudes toward modernity and interpretations of Sharia are a result of the ensuing drives for independence and modernity in the Muslim world.

Traditional perspectives on Sharia

The majority of Muslims regard themselves as belonging to either the Sunni or Shi'a sect of Islam. Within these sects, there are different schools of religious study and scholarship. The schools within each sect have common characteristics, although each differs in its details.

The Sunni perspective

In addition to the "Basic Code" of the Qur'an and Sunnah, traditional Sunni Muslims also add the consensus (ijma) of Muhammad's companions (sahaba) and Islamic jurists (ulema) on certain issues. In situations where no concrete rule exists in the sources, law scholars use qiyas — various forms of reasoning, including analogy, to derive law from the essence of divine principles and preceding rulings. The consensus of the community, public interest, and other sources are used as an adjunct to Sharia where the primary and secondary sources allow. This description can be applied to the major schools of Sunni fiqh, which include the Hanafi, Shafi'i, Maliki and Hanbali.

The Salafi perspective

The Salafi movement looks to the actions and sayings of the first three generations of Muslims for guidance, in addition to the Qur'an and Sunnah. Salafis take these exemplary early Muslims as the source of their fiqh. The Salafi movement has attracted followers from many Muslim cultures and schools of fiqh.

Muslims who subscribe to the teachings of scholar Muhammad ibn Abd-al-Wahhab are considered part of the Salafi movement.

The Shi'a perspective

Shi'a Muslims also extend the "Basic Code" with fiqh, but strongly reject analogy (qiyas) as an easy way to innovations (bid'ah), and reject consensus (ijma) as not having any particular value in its own. During the period that the Sunni scholars developed those two tools, the Shi'a Imams were alive, and Shi'a view them as an extension of the Sunnah, so they view themselves as deriving their laws (fiqh) only from the Qur'an and Sunnah. A recurring theme in Shi'a jurisprudence is logic (mantiq), something most Shi'a believe they mention, employ and value to a higher degree than most Sunnis do. They do not view logic as a third source for laws, rather a way to see if the derived work is compatible with the Qur'an and Sunnah.

In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Qur'an, anecdotes of Muhammad's practices and those of The Twelve Imams, and the intellect ('aql). The practices called Sharia today, however, also have roots in comparative law and local customs (urf).

Modern perspectives on Sharia

Muslims have responded in a variety of ways to the forces of modernity. These responses cross the lines of tradition, sect and school. They affect the way Sharia is interpreted by the individual in their personal lives, and the extent to which Sharia is implemented in the public sphere by the state. These diverse movements can be referred to collectively as contemporary Sharia(s).

The spectrum of Muslim legal systems

The legal systems in 21st century Muslim majority states can be classified as follows.

Sharia in the secular Muslim states: Muslim countries such as Mali, Kazakhstan and Turkey (which is under pressure from religious political parties) have declared themselves to be secular. Here, religious interference in state affairs, law and politics is prohibited. In these Muslim countries, as well as the secular West, the role of Sharia is limited to personal and family matters.

Muslim states with blended sources of law: Muslim countries including Pakistan, Indonesia, Afghanistan, Egypt, Nigeria, Sudan, Morocco and Malaysia have legal systems strongly influenced by Sharia, but also cede ultimate authority to their constitutions and the rule of law. These countries conduct democratic elections, although some are also under the influence of authoritarian leaders. In these countries, politicians and jurists make law, rather than religious scholars. Most of these countries have modernized their laws and now have legal systems with significant differences when compared to classical Sharia.

Muslim states using classical Sharia: Saudi Arabia and some of the Gulf states do not have constitutions or legislatures. Their rulers have limited authority to change laws, since they are based on Sharia as it is interpreted by their religious scholars. Iran shares some of these characteristics, but also has a parliament that legislates in a manner consistent with Sharia.

Factors influencing the modern role of Sharia

Against the backdrop of differing religious sects, scholarship, classical schools of thought, and governmental implementations, the following forces are at work influencing future developments in Sharia law.

The rapid exchange of cultures and ideas

Around the world, Muslims are becoming more connected by the Internet and modern communications. This is leading to wider exchanges of ideas and cultures. Reactionary and fundamentalist movements are unlikely to halt this trend, as the Sharia itself defends the right to privacy within the home.

Modern schools of thought

Legal scholar L. Ali Khan claims that "the concept of Sharia has been thoroughly confused in legal and common literature. For some Muslims, Sharia consists of the Qur'an and Sunnah. For others, it also includes classical fiqh. Most encyclopedias define Sharia as law based upon the Qur'an, the Sunnah, and classical fiqh derived from consensus (ijma) and analogy (qiyas). This definition of Sharia lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as are the Qur'an and the Sunnah. The Qur'an and the Sunnah constitute the immutable Basic Code, which should be kept separate from ever-evolving interpretive law (fiqh). This analytical separation between the Basic Code and fiqh is necessary to dissipate confusion around the term Sharia."

The revival of the religion

Simultaneously with liberalizing and modernizing forces, trends towards fundamentalism and movements for Islamic political power are also taking place. There has been a growing religious revival in Islam, beginning in the eighteenth century and continuing today. This movement has expressed itself in various forms ranging from wars to efforts to improve education.

A return to traditional views of Sharia: There is a long-running worldwide movement underway by Muslims towards a better understanding and practice of their religion. Encouraged by their scholars and imams, Muslims have moved away from local customs and culture, and towards more universally accepted views of Islam. This movement towards traditional religious values served to help Muslims cope with the effects of European colonization. It also inspired modernist movements and the formation of new governments.

The Islamist movement: Since the 1970s, the Islamist movements have become prominent; their goals are the establishment of Islamic states and Sharia within their own borders, their means are political in nature. The Islamist power base is the millions of poor, particularly urban poor moving into the cities from the countryside. They are not international in nature (one exception being the Muslim Brotherhood). Their rhetoric opposes western culture and western power. Political groups wishing to return to more traditional Islamic values are the source of threat to Turkey's secular government.

The Fundamentalist movement: Fundamentalists, wishing to return to basic religious values and law, have in some instances imposed harsh Sharia punishments for crimes, curtailed civil rights, and violated human rights. These movements are most active in areas of the world where there was contact with Western colonial powers.

Extremism: Extremists have used the Qur'an and their own particular version of Sharia to justify acts of war and terror against Western individuals and governments, and also against other Muslims believed to have Western sympathies. Friction between the West and Islam, particularly with regard to the Palestinian question, continues to fuel this conflict.

The immutability of God's will

Although there are many different interpretations of Sharia, and differing perspectives on each interpretation, there is consensus among Muslims that Sharia is a reflection of God's will for humankind. Sharia must therefore be, in its purest sense, perfect and unchanging. The evolution or refinement of Sharia is an effort to more perfectly reflect God's will.

Confusion between Sharia and customary law

According to Jan Michiel Otto, Professor of Law and Governance in Developing Countries at Leiden University, "Anthropological 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." Professor Otto's analysis appears in a paper commissioned by the Netherlands Foreign Ministry.

Characteristics

Origins

According to Muslims, Sharia law is founded on the words of Allah as revealed in the Qur'an, and traditions gathered from the life of the Prophet Muhammad. Muhammad was born ca. 570 CE in Mecca, a trading city in the Arabian desert. In addition to being a center of trade on the caravan routes, Mecca was a place of pilgrimage for Arabs of many beliefs. The focus of religion in Mecca was the Ka'aba, a stone building believed to have been built by Adam at the beginning of time, and rebuilt by the Prophet Abraham and his son Ishmael.

Mecca was inhabited by the Quraysh, a pagan tribe with some Jews and Christians among them. Muhammad was orphaned at an early age, and came under the protection of an uncle. He grew up to become a trader and married his employer, a prosperous merchant named Khadija. It was in middle age that Muhammad began to speak of revelations received from Allah through the angel Gabriel. Muhammad told others of his revelations, and attracted followers who transcribed them onto available materials. Over the twenty three years from his first revelation until his death, Islam became the dominant force in the Arabian peninsula, and a serious challenge to the Byzantine and Sasanian empires. After Muhammad's death, the revelations were collected and organized into the Qur'an, and accounts of his life eventually formed the basis for the Sunnah.

In pre-Islamic Arabia, bonds of common ancestry formed the basis for tribal association. The advent of Islam brought the tribes together under a single religion. As Islam is not just a religion, but also a way of life, a new common basis of law and personal behavior (Sharia) began to take shape.

Sharia continued to undergo fundamental changes, beginning with the reigns of caliphs Abu Bakr (632–34) and Umar (634–44), during which time many questions were brought to the attention of Muhammad's closest comrades for consultation. During the reign of Muawiya b. Abu Sufyan ibn Harb, ca. 662 CE, Islam undertook an urban transformation, raising questions not originally covered by Islamic law. without contradiction, tribal life brought about a sense of participation. Such participation was further reinforced by Muhammad who stated, "My community will never agree in error". Progress in theory happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767-820), who laid down the basic principles of Islamic jurisprudence in his book Al-Risala. The book details the four roots of law (Qur'an, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from careful study of the Arabic language.

A number of important legal concepts and institutions were developed by Islamic jurists during the classical period of Islam, known as the Islamic Golden Age, dated from the 7th to 13th centuries.

The categories of human behavior

Fiqh classifies behavior into the following types or grades: fard (obligatory), mustahabb (recommended), mubah (neutral), makruh (discouraged), and haraam (forbidden). Every human action belongs in one of these five categories.

:Actions in the fard category are those required of all Muslims. They include the five daily prayers, fasting, articles of faith, obligatory charity, and the hajj pilgrimage to Mecca.

:All behavior which is neither discouraged nor recommended, neither forbidden nor required is of the Mubah; it is permissible.

Prayer

Muslims are enjoined to pray five times each day, with certain exceptions. These obligatory prayers, salat, are performed during prescribed periods of the day, and most can be performed either in groups or by oneself. There are also optional prayers which can be performed, as well as special prayers for certain seasons, days and events. Muslims must turn to face the Kaaba in Mecca when they pray, and they must be purified in order for their prayers to be accepted. Personal, informal prayer and invocation is practiced as well. Classic Islamic law details many aspects of the act of prayer, including who can pray, when to pray, how to pray, and where to pray.

The Funeral Prayer

Muslims are encouraged to visit those among them who are sick and dying. Dying Muslims are reminded of God's mercy, and the value of prayer, by those who visit them. In turn, the visitors are reminded of their mortality, and the transient nature of life. Upon death, the Muslim will be washed and shrouded in clean, white cloth. A special prayer, Janazah, is performed for the deceased, preferably by the assembled Muslim community. The body is taken to a place which has ground set aside for the burial of Muslims. The grave is dug perpendicular to the direction of Mecca, and the body is lowered into the grave to rest on its side, with the face turned towards Mecca. Classic Islamic law details visitation of the ill, preparation of the dead for burial, the funeral prayer and the manner in which the Muslim is buried.

The Poor Tax

All Muslims who live above the subsistence level must pay an annual poor tax, known as zakat. This is not charity, but rather an obligation owed by the Muslim to the poor of the community. The amount is calculated based on the wealth of the Muslim paying the tax, not their income. The base rate of taxation is 2.5 percent, but it varies depending on the type of wealth being assessed. Wealth includes savings, jewelry and land. Classic Islamic law details the tax, how it is assessed, its collection, and its distribution.

Fasting

During the Islamic month of Ramadan, Muslims abstain from food, drink, sex and tobacco between dawn and sunset. Exceptions to this obligation are made for the young, the infirm, and women during their periods of menstruation. During Ramadan, the daylight hours will often begin and end with a large meal. After dinner, many Muslims participate in special communal prayers held during Ramadan. The end of Ramadan fasting is celebrated with special prayers, gatherings of family and friends, and specially prepared meals. Muslims may also fast on other special days of the year, and to make up for missed days of fasting. Classic Islamic law details the exact definition of the fast, the times of fasting, how a fast may be broken, who must fast, and permitted exceptions to the fast.

The Pilgrimage

At least once in each Muslim's lifetime, they must attempt a visit to the Holy Places of Islam located in Mecca, Saudi Arabia. The focus of this journey is the Kaaba, a small rectangular building around which a huge mosque has been built. This pilgrimage, known as the Hajj, begins two months after Ramadan each year. Dressed in symbolically simple clothing, Muslim pilgrims circle the Kaaba seven times, often followed by a drink from a special stream. Next, a symbolic search for water is performed by travelling back and forth between two nearby peaks. On the eighth day of the month, the pilgrims travel to Mina in the desert and spend the night in tents. The following day, over two million Muslims gather on the slopes of Mount Arafat, where the afternoon is spent in prayer. The Feast of Sacrifice, celebrated by Muslims worldwide, is performed by pilgrims in Mina the next day, and includes the slaughter of an animal. Finally, the pilgrims perform a ritual Stoning of the Devil by tossing pebbles at three pillars. Classic Islamic law details the manner in which the pilgrim dresses, behaves, arrives, departs and performs each of these rituals.

Trade

Islamic law recognizes private and community property, as well as overlapping forms of entitlement for charitable purposes, known as waqf or trusts. Under Sharia law, however, ownership of all property ultimately rests with God; while individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need. The laws of contract and obligation are also formed around this egalitarian Qur'anic requirement, prohibiting unequal exchanges or unfair advantage in trade. On this basis, the charging of interest on loans is prohibited, as are other transactions in which risks are borne disproportionately to the potential returns between parties to a transaction. The limits on personal liability afforded by incorporation are seen as a form of usury in this sense, as is insurance. All these inequities in risk and reward between parties to a transaction, known collectively as riba, are prohibited. For this reason, Islamic banking and financing are partnerships between customers and institutions, where risk and reward are distributed equitably. Partnerships, rather than corporations, are the key concept in collective Islamic business. Financing and investments are accomplished in this manner, as purchases and resales, with equity shifting over time between the institution and the client as payments are made or returns are recognized. Conversely, no individual is shielded from the consequences of poor judgement or bad timing. The Islamic financial and investment models have taken root in the West and begun to flourish, even as the financial underpinnings of large Western corporations collapse under the weight of unevenly distributed risks. Classic Islamic law details the manner of contracting, the types of transactions, the assignment of liability and reward, and the responsibilities of the parties in Islamic trade.

Inheritance

The rules of inheritance under Sharia law are intricate, and a female's portion is generally half the amount a male would receive under the same circumstances. Up to one third of a person's property may be distributed as bequests, or wasiyya, upon their death. After debts are settled, the remainder of the estate will be divided among the family of the deceased according to the rules of inheritance, or irth. In Islamic societies, inherited wealth and property do not easily accumulate to, or remain in, certain families. Large concentrations of property will be divided into smaller portions over time among male inheritors. Property will tend to flow to other families as female inheritors take their shares into their marriages. Classic Islamic law details the division of property, the shares family members are entitled to, adjustments and redistributions in the shares, orders of precedence among inheritors, and substitution among inheritors.

Marriage

The laws governing Islamic marriage vary substantially between sects, schools, states and cultures. The following outline is general in nature.

There are two types of marriage mentioned in the Qur'an: nikah and nikah mut‘ah. The first is more common; it aims to be permanent, but can be terminated by the husband in the talaq process, or by the wife seeking divorce using khul'.

In nikah the couples inherit from each other. A dowry known as mahr is given to the bride, a legal contract is signed when entering the marriage, and the husband must pay for the wife's expenses. For the contract to be valid there must be two witnesses under Sunni jurisprudence. There is no witness requirement for Shia contracts. In Sunni jurisprudence, the contract is void if there is a determined divorce date in the nikah, whereas, in Shia jurisprudence, nikah contracts with determined divorce dates are transformed into nikah mut'ah.

Under Shia jurisprudence, nikah mut'ah is the second form of marriage. It is a fixed-term marriage, which is a marriage with a preset duration, after which the marriage is automatically dissolved. Traditionally the couple does not inherit from each other, the man usually is not responsible for the economic welfare of the woman, and she usually may leave her home at her own discretion. Nikah mut'ah does not count towards the maximum of four wives allowed to a Muslim man according to the Qur'an. The woman is still given her mahr dowry, and the woman must still observe the iddah, a period of five months at the end of the marriage where she is not permitted to remarry in the case she may have become pregnant before the divorce took place. This maintains the proper lineage of children. There is controversy about the Islamic legality of this type of marriage.

A third type of marriage contract, known as misyar, is emerging in Sunni Islam. This marriage is not for a fixed period of time like nikah mut'ah, but is similar in other respects including lack of inheritance, lack of financial responsibility and freedom of movement on the part of the wife. In misyar marriage, the couple need not cohabit. There is also controversy regarding this form of marriage.

Muslims do, on occasion, marry according to urf, or local custom, without following the requirements set forth in Sharia law. This may be done for various reasons, such as an inability of the couple to obtain permission from the bride's guardian. In these cases, they may find their marriage to be unrecognized at a later point, and have difficulty availing themselves of legal remedies under Sharia.

Requirements for Islamic Marriages:

* The man who is not currently a fornicator may marry only a woman who is not currently a fornicatress or a chaste woman from the people of the Book.

The woman who is not currently a fornicatress may marry only a man who is not currently a fornicator.

The fornicator may marry only a fornicatress.

The Muslim woman may marry only a Muslim man.

Permission for a virgin female to marry must be given by her guardian, usually her father.

Any Muslim woman may demand her guardian marry her to a Muslim male, provided he is suitable. If the guardian refuses, a judge will effect the marriage. The father, or in some cases the paternal grandfather, may choose a suitable partner for a virgin girl. Any marriage must be with the approval of the female. In the case of virgin girls, no answer is considered as approval because of shyness.

The guardian may not marry the divorced woman or the widow if she did not ask to be married.

It is obligatory for a man to give bride wealth (gifts) to the woman he marries – "Do not marry unless you give your wife something that is her right."

Polygamy

In Sharia law, a Muslim man is permitted up to four wives under the rules for nikah. All wives are entitled to separate living quarters at the behest of the husband and if possible. All should receive equal attention, support, treatment and inheritance. In modern practice, it is uncommon for a Muslim man to have more than one wife; if he does so, it is often due to the infertility of his first wife. The practice of polygamy has been regulated or abolished in some Muslim states.

Historically, Muslim rulers have often remarried the wives of their conquered opponents in order to gain ties of kinship with their new subjects. In these cases, the wives of leaders have sometimes numbered in the tens or even hundreds. In Ottoman Turkey, the practice also filtered down to the aristocracy. This became the basis for the Western image of a powerful, wealthy Muslim with a vast harem.

Divorce

The laws governing divorce vary substantially between sects, schools, states and cultures. The following outline is general in nature.

A marriage can be terminated by the husband in the talaq process, or by the wife seeking divorce through khul'. Under faskh a marriage may be annulled or terminated by the qadi judge.

Men have the right of unilateral divorce under classical Sharia. A Sunni Muslim divorce is effective when the man tells his wife that he is divorcing her, however a Shia divorce also requires four witnesses. Upon divorce, the husband must pay the wife any delayed component of the dower. If a man divorces his wife in this manner three times, he may not re-marry her unless she first marries, and is subsequently divorced from, another man. Only then, and only if the divorce from the second husband is not intended as a means to re-marry her first husband, may the first husband and the woman re-marry.

In practice, unilateral divorce is only common in a few areas of the Islamic world. It is much more common for divorces to be accomplished by mutual consent.

Except in the case of a khul' divorce initiated by a woman, the divorced wife generally keeps her dowry from when she was married. A divorced woman is given child support until the age of weaning. The mother is usually granted custody of the child. If the couple has divorced fewer than three times (meaning it is not a final divorce) the wife also receives spousal support for three menstrual cycles after the divorce, until it can be determined whether she is pregnant. Even in a threefold divorce, a pregnant wife will be supported during the waiting period, and the child will be supported afterwards.

Justice

The concept of justice embodied in Sharia is entirely different from that of secular Western law. Muslims believe the Sharia law has been revealed by God. In Islam, the laws that govern human affairs are just one facet of a universal set of laws governing nature itself. Violations of Islamic law are offenses against God and nature, including one's own human nature. Crime in Islam is sin. Whatever crime is committed, whatever punishment is prescribed for that crime in this world, one must ultimately answer to God on the Day of Judgement. (on the assumption that no witness would thus endanger his soul) Unlike common law, judges' verdicts do not set binding precedents under the principle of stare decisis and unlike civil law, Sharia does not utilize formally codified statutes (these were first introduced only in the late 19th century during the decline of the Ottoman Empire, cf. mecelle). Instead of precedents and codes, Sharia relies on medieval jurist's manuals and collections of non-binding legal opinions, or fatwas, issued by religious scholars (ulama, particularly a mufti); these can be made binding for a particular case at the discretion of a judge.

Sharia courts' rules of evidence also maintain a distinctive custom of prioritizing oral testimony and excluding written and documentary evidence (including forensic and circumstantial evidence), on the basis that it could be tampered with or forged, or possibly due to low levels of literacy in premodern Islamic society. A confession, an oath, or the oral testimony of a witness are the only evidence admissible in a Sharia court, written evidence is only admissible with the attestations of multiple, witnesses deemed reliable by the judge, i.e. notaries. Testimony must be from at least two witnesses, and preferably free Muslim male witnesses, who are not related parties and who are of sound mind and reliable character; testimony to establish the crime of adultery, or zina must be from four direct witnesses. Forensic evidence (i.e. fingerprints, ballistics, blood samples, DNA etc.) and other circumstantial evidence is likewise rejected in hudud cases in favor of eyewitnesses, a practice which can cause severe difficulties for women plaintiffs in rape cases. Testimony from women is given only half the weight of men, and testimony from non-Muslims may be excluded altogether (if against a Muslim). Non-Muslim minorities, however, could and did use Sharia courts, even amongst themselves.

Sharia's rules on written evidence necessarily diminish the utility of written contracts to structure economic relations, and Timur Kuran has noted the predominance of a "largely oral contracting culture" in premodern Islamic society.

In lieu of written evidence, oaths are accorded much greater weight; rather than being used simply to guarantee the truth of ensuing testimony, they are themselves used as evidence. Plaintiffs lacking other evidence to support their claims may demand that defendants take an oath swearing their innocence, refusal thereof can result in a verdict for the plaintiff. 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.” Accordingly, defendants are not routinely required to swear before testifying, which would risk casually profaning the Qur'an should the defendant commit perjury;

Penalties

In accordance with the Qur'an and several hadith, theft is punished by imprisonment or amputation of hands. Several requirements are in place for the amputation of hands, they are:

There must have been criminal intent to take private (not common) property.

The theft must not have been the product of hunger, necessity, or duress.

The goods stolen must: be over a minimum value, not haraam, and not owned by the thief's family.

Goods must have been taken from custody (i.e. not in a public place).

There must be reliable witnesses.

All of these must be met under the scrutiny of judicial authority.

In accordance with hadith, stoning to death is the penalty for married men and women who commit adultery. In addition, there are several conditions related to the person who commits it that must be met. One of the difficult ones is that the punishment cannot be enforced unless there is a confession of the person, or four male eyewitnesses who each saw the act being committed. All of these must be met under the scrutiny of judicial authority For unmarried men and women, the punishment prescribed in the Qur'an and hadith is 100 lashes.

The "four witness" standard comes from the Qur'an itself, a revelation Muhammad announced in response to accusations of adultery leveled at his wife, Aisha: "Why did they not produce four witnesses? Since they produce not witnesses, they verily are liars in the sight of Allah."

Punishments are authorized by other passages in the Qur'an and hadiths for certain crimes (e.g., extramarital sex, adultery), and are employed by some as rationale for extra-legal punitive action while others disagree:

In most interpretations of Sharia, conversion by Muslims to other religions, is strictly forbidden and is termed apostasy. Muslim theology equates apostasy to treason, and in most interpretations of Sharia, the penalty for apostasy is death. During the time of Muhammad, treason and apostasy were considered one and the same; nowadays, many scholars differentiate between treason and apostasy, believing that the punishment for apostasy is not death, while the punishment for treason is death.

The accusation of apostasy may be used against non-conventional interpretations of the Qur'an. The severe persecution of the famous expert in Arabic literature, Nasr Abu Zayd, is an example of this.

Dietary

Islamic law does not present a comprehensive list of pure foods and drinks. However, it prohibits:

Swine, blood, the meat of dead animals and animals slaughtered in the name of someone other than God.

Slaughtering an animal in any other way except the prescribed manner of tazkiyah (cleansing) by taking God's name, which involves cutting the throat of the animal and draining the blood. Slaughtering with a blunt blade or physically ripping out the esophagus is strictly forbidden. Modern methods of slaughter like the captive bolt stunning and electrocuting are also prohibited. Causing the animal excessive pain during slaughter is a sin.

Intoxicants

The prohibition of dead meat is not applicable to fish and locusts. Also hadith literature prohibits beasts having sharp canine teeth, birds having claws and talons in their feet, Jallalah (animals whose meat carries a stink in it because they feed on filth), tamed donkeys, and any piece cut from a living animal.

Liquor and gambling

Liquor and gambling are expressly prohibited in the Qur'an, and Sharia law.

Muhammad is reported to have said: "He who plays with dice is like the one who handles the flesh and blood of swine."

Abd-Allah ibn Amr reported that Muhammad prohibited all games of chance and card playing that caused financial gain or loss.

Customs and behaviour

Practitioners of Islam are generally taught to follow some specific customs in their daily lives. Most of these customs can be traced back to Abrahamic traditions in Pre-Islamic Arabian society. Due to Muhammad's sanction or tacit approval of such practices, these customs are considered to be Sunnah (practices of Muhammad as part of the religion) by the Ummah (Muslim nation). It includes customs like: Saying "Bismillah" (in the name of God) before eating and drinking. Using the right hand for drinking and eating. Saying "As-Salaam Alaikum" (peace be upon you) when meeting someone and answering with "Wa 'alaikumus salam" (and peace be upon you). Saying "Alhamdulillah" (all gratitude is for only God) when sneezing and responding with "Yarhamukallah" (God have mercy on you).

Saying the "Adhan" (prayer call) in the right ear of a newborn and the Iqama in its left.

In the sphere of hygiene, it includes:

* Clipping the moustache

* Cutting nails

Circumcising the male offspring

Cleaning the nostrils, the mouth, and the teeth and

Cleaning the body after urination and defecation

Abstention from sexual relations during the menstrual cycle and the discharge, and ceremonial bath after the menstrual cycle, and Janabah (seminal/ovular discharge or sexual intercourse). Burial rituals include funeral prayer of bathed and enshrouded body in coffin cloth and burying it in a grave.

Rituals

There are two festivals that are considered Sunnah.

Eid ul-Fitr

Eid al-Adha

Rituals associated with these festivals are:

The Prayer and the Sermon on Eid day.

Takbirs (glorifying God) after every prayer in the days of Tashriq (Normally these days are considered to be the ones in which pilgrims stay at Mina once they return from Muzdalifah i.e. 10th, 11th , 12th, and 13th of Dhu al-Hijjah.)

Sacrifice of unflawed, four legged grazing animal of appropriate age after the prayer of Eid al-Adha in the days of Tashriq.

Dress codes

The Qur'an also places a dress code upon its followers. The rule for men has been ordained before the women: Allah then says in the Qur'an, All those men in whose presence a woman is not obliged to practise the dress code are known as her mahrams. Men have a more relaxed dress code: the body must be covered from knee to waist. However, under (strict interpretation of) Sharia Law, women are required to cover all of their bodies except hands and face. The rationale given for these rules is that men and women are not to be viewed as sexual objects. Men are required to keep their guard up and women to protect themselves. In theory, should either one fail, the other prevents the society from falling into fitna (temptation or discord).

There are many different opinions, however, as to whether the veil or headscarf is a real Qur'anic obligation. Some scholars such as Yusuf al-Qaradawi claim it is, while others, such as Mohammed Arkoun, Soheib Bencheikh, Abdoldjavad Falaturi, Jamal al Banna claim it isn't. However, the first group appears dominant: "Jamal al Banna has been for a number of years one of the few mainstream Muslim scholars to argue that the Muslim headscarf, or hijab, is not an Islamic obligation."

Historical developments and contemporary issues

During the 19th century, the history of Islamic law took a sharp turn due to new challenges the Muslim world faced: the West had risen to a global power and colonized a large part of the world, including Muslim territories. In the Western world, societies changed from the agricultural to the industrial stage, new social and political ideas emerged, and social models slowly shifted from hierarchical towards egalitarian. The Ottoman Empire and the rest of the Muslim world were in decline, and calls for reform became louder. In Muslim countries, codified state law started replacing the role of scholarly legal opinion. Western countries sometimes inspired, sometimes pressured, and sometimes forced Muslim states to change their laws. Secularist movements pushed for laws deviating from the opinions of the Islamic legal scholars. Islamic legal scholarship remained the sole authority for guidance in matters of rituals, worship, and spirituality, while they lost authority to the state in other areas. The Muslim community became divided into groups reacting differently to the change. This division persists until the present day (Brown 1996, Hallaq 2001, Ramadan 2005, Aslan 2006, Safi 2003, Nenezich 2006).

Secularists believe that the law of the state should be based on secular principles, not on Islamic legal doctrines.

Traditionalists believe that the law of the state should be based on the traditional legal schools. However, traditional legal views are considered unacceptable by some modern Muslims, especially in areas like women's rights or slavery. Reformers believe that new Islamic legal theories can produce modernized Islamic law and lead to acceptable opinions in areas such as women's rights. However, traditionalists believe that any departure from the legal teachings of the Qur'an as explained by the Prophet Muhammad and put into practice by him is an alien concept that cannot properly be attributed to "Islam".

Contemporary practice

There is tremendous variety in the interpretation and implementation of Islamic Law in Muslim societies today. Liberal movements within Islam have questioned the relevance and applicability of Sharia from a variety of perspectives; Islamic feminism brings multiple points of view to the discussion. Some of the largest Muslim countries, including Indonesia, Bangladesh and Pakistan, have largely secular constitutions and laws, with only a few Islamic Law provisions in family law. Turkey has a constitution that is officially strongly secular. India and the Philippines are the only countries in the world that have separate Muslim civil laws, wholly based on Sharia. In India, Muslim civil laws are framed by the Muslim Personal Law board while in the Philippines, it is framed by the Code of Muslim Personal Laws. However, the criminal laws in both the countries are uniform.

In September 2008, newspapers in the United Kingdom stated the government had "quietly sanctioned" the recognition of Sharia courts. This refers to situations where both sides in a legal dispute freely choose a Sharia court as a binding arbitrator rather than taking a matter before the official courts. The decision did not break new ground: the decisions of similar Jewish beth din court arbitrations have been recognized in England for over 100 years. Neither party can be forced into arbitration by a Sharia or a Jewish court.

Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and the Mutaween (religious police) assert social compliance. Laws derived from Sharia are also applied in Afghanistan, Libya and Sudan. Sharia law is officially recognised by the justice system in Israel in matters of personal status of Muslims if they choose a Sharia court (e.g. marriage, divorce, guardianship.) Judges' salaries are paid by the state. Lebanon also incorporates Sharia law for Muslims in family matters. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the re-introduction of harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hands for theft and stoning for adultery.

Many, including the European Court of Human Rights, consider the punishments prescribed by Sharia in some countries to be barbaric and cruel. Islamic scholars argue that, if implemented properly, the punishments serve as a deterrent to crime. In international media, practices by countries applying Islamic law have fallen under considerable criticism at times. This is particularly the case when the sentence carried out is seen to greatly tilt away from established standards of international human rights. This is true for the application of the death penalty for the crimes of adultery, blasphemy, apostasy and homosexuality, amputations for the crime of theft, and flogging for fornication or public intoxication.

A bill proposed by lawmakers in the Indonesian province of Aceh would implement Sharia law for all non-Muslims, the armed forces and law enforcement officers, a local police official has announced. The news comes two months after the Deutsche Presse-Agentur warned of "Taliban-style Islamic police terrorizing Indonesia's Aceh".

Contemporary issues

Democracy

On the one hand, there is much common ground between Sharia and democracy: for example, both value electoral procedure. On the other hand, official institutions in democratic countries, such as the European Court of Human Rights, argue that Sharia is incompatible with a democratic state.

Legal scholar L. Ali Khan concludes "that constitutional orders founded on the principles of Sharia are fully compatible with democracy, provided that religious minorities are protected and the incumbent Islamic leadership remains committed to the right to recall".

Western courts have criticized Sharia. In 1998 the Constitutional Court of Turkey banned and dissolved Turkey's Refah Party on the grounds that the "rules of sharia", which Refah sought to introduce, "were incompatible with the democratic regime," stating that "Democracy is the antithesis of sharia."

On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy". 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".

Human rights

The Cairo Declaration on Human Rights in Islam

Several major, predominantly Muslim countries 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 claimed that the UDHR was a "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law. Therefore in 1990 the Organisation of the Islamic Conference, a group representing all Muslim majority nations, adopted the Cairo Declaration on Human Rights in Islam.

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".

Professor H. Patrick Glenn asserts that the European concept of human rights developed in reaction to an entrenched hierarchy of class and privilege contrary to, and rejected by, Islam. As implemented in Sharia law, protection for the individual is defined in terms of mutual obligation rather than human rights. The concept of human rights, as applied in the European framework, is therefore unnecessary and potentially destructive to Islamic societies.

Many secularist, human rights, and leading organisations have criticized Islamic states' stance on human rights. In 2009, the journal Free Inquiry summarized this criticism 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, Bangdalesh, 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."

Freedom of speech

Qadi 'Iyad argues that Sharia does not allow freedom of speech in such matters as criticism of Muhammad. Such criticism is blasphemy and punishable by death.

Slander, gossip, and backbiting, or "ghiba" is regarded as a major sin.

Homosexuality

Homosexual activity is illegal under Sharia; however, the prescribed penalties differ from one school of jurisprudence to another. For example, these Muslim-majority countries may impose the death penalty for sodomy and homosexual activities: Iran,Nigeria, Saudi Arabia, Somalia. In contrast, in some Muslim-majority countries such as Indonesia (outside of Aceh province), Jordan, Turkey, Egypt and Iraq same-sex sexual acts are legal.

Women

In terms of religious obligations, such as certain elements of prayer, payment of the zakat poor-tax, observance of the Ramadan fast, and the Hajj pilgrimage, women are treated no differently from men. There are, however, some exceptions made in the case of prayers and fasting, as women are forbidden to pray or fast during menstruation.

There are no priests or clergy needed in order to perform rites and sacraments in Islam. The leader of prayer is known as an imam. Men can lead both men and women in prayer, but women do not traditionally lead men in prayer. In practice, it is much more common for men to be scholars than women, however in the early days of Islam, female scholars were much more common. Islam does not prohibit women from working, as it says "Treat your women well and be kind to them for they are your partners and committed helpers." Married women may seek employment although it is often thought in patriarchal societies that the woman's role as a wife and mother should have first priority.

Islam unequivocally allows both single and married women to own property in their own right. Islam grants women the right to inherit property from other family members, and these rights are detailed in the Qur'an. A woman's inheritance is different from a man's, both in quantity and attached obligations. For instance, a daughter's inheritance is usually half that of her brothers . Sharia law requires family members females or males to support each other as needed; compare female inheritance in Salic law. Men are fully obliged to financially maintain their household, whereas women are not; it is often said that even if the woman is a millionaire and he is poor, he is still obliged to spend on her. She is not obliged to share her wealth with her husband unless she does so out of kindness.

Islamic jurists have traditionally held that Muslim women may enter into marriage with only Muslim men, On the other hand, the Qur'an allows a Muslim man to marry a chaste woman from the People of the Book, a term that includes Jews, Sabians, and Christians. However, fiqh law has held that it is mukrah (reprehensible) for a Muslim man to marry a non-Muslim woman in a non-Muslim country.

The divorced wife always keeps her dowry from when she was married, and is given child support until the age of weaning. The mother is usually granted custody of the child. For example, French married women, unlike their Muslim sisters, suffered from restrictions on their legal capacity that were removed only in 1965. Noah Feldman, a Harvard University law professor, notes: }}

;Status of women under Islamic law since the 19th century

Some argue that at this point in history the aforementioned exploration of freedom is no longer true — that is to say that whilst it is arguable that women had more extensive legal rights under Islamic law than they did under Western legal systems in the past, it is no longer true today.

Slavery and emancipation

The major juristic schools of Islam have traditionally accepted the institution of slavery. However, Islam has prescribed five ways to free slaves, has severely chastised those who enslave free people, and regulated the slave trade. The source of slaves was restricted to war in preference to killing whole tribes en masse, as was the tradition at the time. Slaves also had more rights under Islam as an owner could not mistreat them. Many slaves were freed after a certain period of time, if they accepted to convert to Islam, or if they were ransomed.

Sharia and non-Muslims

Based on Quranic verses and Islamic traditions, classical Sharia distinguishes between Muslims, followers of other Abrahamic monotheistic religions, and pagans or people belonging to other polytheistic religions. As monotheists, Jews and Christians have traditionally been considered "People of The Book," and afforded a special status known as dhimmi derived from a theoretical contract - "dhimma" or "residence in return for taxes". There are parallels for this in Roman and Jewish law. Hindus were originally considered pagans and given the choice between conversion to Islam and death (or slavery), as pagans are not afforded the rights and protections of the dhimma contract. By the Middle Ages, the Hindus and Buddhists of India had come to be considered dhimmis by their Muslim rulers. Eventually, the largest school of Islamic scholarship applied this term to all non-Muslims living in Islamic lands outside the sacred area surrounding Mecca, Saudi Arabia. Classical Sharia attributes different legal rights and obligations to different religious groups; in practice, this consisted of curbs on the rights and freedoms of non-Muslims. However, the classical dhimma contract is no longer enforced. Western influence has been instrumental in eliminating the restrictions and protections of the dhimma contract, thereby contributing to the current state of relations between Muslims and non-Muslims living in Islamic lands.

According to law professor H. Patrick Glenn of McGill University, "Today it is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while (and here there are clear parallels with western public and private law treatment of aliens - Fremdenrecht, la condition de estrangers), [f]or the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations."

Classical Sharia incorporated the religious laws and courts of Christians, Jews and Hindus, as seen in the early Caliphate, Al-Andalus, Indian subcontinent, and the Ottoman Millet system. In medieval Islamic societies, the qadi (Islamic judges) usually could not interfere in the matters of non-Muslims unless the parties voluntarily choose to be judged according to Islamic law, thus the dhimmi communities living in Islamic states usually had their own laws independent from the Sharia law, such as the Jews who would have their own Halakha courts. These courts did not cover cases involved other religious groups, or capital offences or threats to public order. By the 18th century, however, dhimmis frequently attended the Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other dhimmis. Oaths sworn by dhimmis in these courts tailored to their beliefs.

Non-Muslims were allowed to engage in certain practices (such as the consumption of alcohol and pork) that were usually forbidden by Islamic law. Zoroastrian "self-marriages", that were considered incestuous under Sharia, were also tolerated. Ibn Qayyim (1292–1350) opined that non-Muslims were entitled to such practices since they could not be presented to Sharia courts and the religious minorities in question held it permissible. This ruling was based on the precedent that the prophet Muhammad did not forbid such self-marriages among Zoroastrians despite coming into contact with Zoroastrians and knowing about this practice. Religious minorities were also free to do whatever they wished in their own homes, provided they did not publicly engage in illicit sexual activity in ways that could threaten public morals.

Parallels with Western legal systems

Islamic law made many influences on Western legal systems.

One contribution Islamic law made to Western law, was the legal procedure. Until the Crusades, legal procedure in the West often consisted of "God's judgments" by boiling water (or another "ordeal") or by duel. By contrast, Islamic law decided on the basis of proof and allowed the defendants to express freely, a practice that had been established in the time of the second Caliph of Islam, Umar. Marcel Boisard argues that these procedures were transmitted to Europe via Louis IX, who instituted several reforms upon returning from the Crusades.

Comparisons with common law

Parallels to common law concepts are found in classical Islamic law and jurisprudence including ratio decidendi (illah).

Comparisons with civil law

One of the institutions developed by classical Islamic jurists that influenced civil law was the Hawala, an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the Aval in French civil law and the Avallo in Italian law. The "European commenda" limited partnerships (Islamic Qirad) used in civil law as well as the civil law conception of res judicata may also have origins in Islamic law. These included Muslim sailors being "paid a fixed wage "in advance" with an understanding that they would owe money in the event of desertion or malfeasance, in keeping with Islamic conventions" in which contracts should specify "a known fee for a known duration", in contrast to Roman and Byzantine sailors who were "stakeholders in a maritime venture, in as much as captain and crew, with few exceptions, were paid proportional divisions of a sea venture's profit, with shares allotted by rank, only after a voyage's successful conclusion." Muslim jurists also distinguished between "coastal navigation, or cabotage," and voyages on the "high seas", and they also made shippers "liable for freight in most cases except the seizure of both a ship and its cargo." Islamic law also "departed from Justinian's Digest and the Nomos Rhodion Nautikos in condemning slave jettison", and the Islamic Qirad was also a precursor to the European commenda limited partnership. The "Islamic influence on the development of an international law of the sea" can thus be discerned alongside that of the Roman influence.

Legal education

The origins of the Ijazah dates back to the ijazat attadris wa 'l-ifttd ("license to teach and issue legal opinions") in the medieval Islamic legal education system, which was equivalent to the Doctor of Laws qualification and was developed during the 9th century after the formation of the Madh'hab legal schools. To obtain a doctorate, a student "had to study in a guild school of law, usually four years for the basic undergraduate course" and ten or more years for a post-graduate course. The "doctorate was obtained after an oral examination to determine the originality of the candidate's theses," and to test the student's "ability to defend them against all objections, in disputations set up for the purpose," which were scholarly exercises practiced throughout the student's "career as a graduate student of law." After students completed their post-graduate education, they were awarded doctorates giving them the status of faqih (meaning "master of law"), mufti (meaning "professor of legal opinions") and mudarris (meaning "teacher"), which were later translated into Latin as magister, professor and doctor respectively.

Role in economic development and corporate law

Sharia classically recognizes only natural persons, and never developed the concept of a legal person, or corporation, i.e. a legal entity that limits the liabilities of its managers, shareholders, and employees; exists beyond the lifetimes of its founders; and that can own assets, sign contracts, and appear in court through representatives. Thus, Sharia has no native tradition of corporate law. This, combined with egalitarian rules of inheritance for male descendants (compare with primogeniture), hindered the concentration of wealth and the development of larger and more sophisticated enterprises, according to Timur Kuran of Duke University. Prohibitions on interest, or "riba" also disadvantaged Muslims vis-à-vis non-Muslim minorities in accessing banks and insurance when these services were first introduced by Westerners. Interest prohibitions, also imposed secondary costs by discouraging record keeping, and delaying the introduction of modern accounting. Such factors, according to Kuran, have played a significant role in retarding economic development in the Middle East.

Qanun

After the fall of the Abbasids in 1258, a practice known to the Turks and Mongols transformed itself into Qanun, which gave power to caliphs, governors, and sultans alike to "make their own regulations for activities not addressed by the sharia." The Qanun began to unfold as early as Umar I (586-644 CE). Many of the regulations covered by Qanun were based on financial matters or tax systems adapted through the law and regulations of those territories Islam conquered. Qanun in Arabic means law or rules.

Notes

References

Bakhtiar, Laleh and Kevin Reinhart (1996). Encyclopedia of Islamic Law: A Compendium of the Major Schools. Kazi Publications, ISBN 1-56744-498-9

Brown, Daniel W. (1996). Rethinking traditions in modern Islamic thought. Cambridge University Press, UK. ISBN 0-521-65394-0

Darwish, Nonie (2008), , Thomas Nelson. ISBN 9781595551610

Doi, Abd ar-Rahman I., and Clarke, Abdassamad (2008). Shari'ah: Islamic Law. Ta-Ha Publishers Ltd., ISBN 978 1 842000 85 3 (paperback), ISBN 978 1 842000 87 8 (hardback)

El-Fadl, Khaled Abou (2003), Reasoning with God: Rationality and Thought in Islam, Oneworld, ISBN 1-85168-306-2

Kafadar, Cemal (1996), Between Two Worlds: The Construction of the Ottoman State, University of California Press, ISBN 0-520-20600-2

Mumisa, Michael (2002) Islamic Law: Theory & Interpretation, Amana Publications, ISBN 1-59008-010-6

Musa, A. Y. Hadith as Scripture: Discussions on The Authority Of Prophetic Traditions in Islam, New York: Palgrave, 2008

Ayaz, Maryam (2007), "Sharia'h and Profits", Apvision Revolutionary Islamic Profitability Models

Coulson, Noel James. A history of Islamic law (Islamic surveys). Oxford: University Press, 1964.

Dien, Mawil Izzi. Islamic Law: From Historical Foundations To Contemporary Practice. Notre Dame: University of Notre Dame Press, 2004.

Liebesny, Majid &, and Herbert J. (Editors) Khadduri. Law in the Middle East: Volume I: Origin and Development of Islamic Law. Washington D.C.: The Middle East Institute, 1955.

Berg, Herbert. "Islamic Law." Berkshire Encyclopedia of World History 3 (2005): 1030. In History Reference Center[database online]. Available from Snowden Library (accessed February 11, 2008).

Safi, Omid (2003). Progressive Muslims: On Justice, Gender, and Pluralism. Oneworld Publications. ISBN 1-85168-316-X

ash-Shafi`i, Muhammad ibn Idris (1993), Risala: Treatise on the Foundations of Islamic Jurisprudence, Islamic Texts Society, ISBN 0-946621-15-2

Shahin, Omar (2007), The Muslim Family in Western Society: A Study in Islamic Law (English), Cloverdale Corporation, ISBN 978-1-929569-30-4

External links

World Database for Islamic Banking and Finance

Al-Mawrid Institute of Islamic Sciences

Shariah Institute

Human Rights and Islamic Law

The Islamic Sharia Council UK

Muslim Arbitration Tribunal

Private Arrangements: 'Recognizing Sharia' in Britain - anthropologist John R. Bowen explains the working of Britain's sharia courts in a Boston Review article

Khalid Chraibi: Reforming Islamic family law within the religious framework - The "best practices" strategy

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Sharia law : Another example of islamic justice

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Published: 2008-10-04
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Author: Antidhimma

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This is one the best, clearest-cut examples of how Muslims are attempting to convert America to Sharia law. It is a bold, overt, and aggressive campaign to change the fiber of American way of lfe. The sad part is that it appears to be working. Please visit us at www.nowtheendbegins.com

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Uploaded: 2011-03-08
Author: FFreeThinker

Science & Reason on Facebook: tinyurl.com Crucial Step Towards Sharia Law? United Nations Anti-Blasphemy Resolution - Christopher Hitchens @ CNN with Lou Dobbs. --- Please subscribe to Science & Reason: • www.YouTube.com • www.YouTube.com • www.YouTube.com • www.YouTube.com --- The United Nations has adopted a "resolution combating defamation of religions" and wants to regulate free speech. Featured guest is Christopher Hitchens. The UN now wants to make that Anti-Blasphemy Resolution binding on all member nations. That would make it a crime to critisize religion, in particular Islam. This is a major effort taking place to curb free speech worldwide. Christopher Hitchens discussed the United Nations Anti-Blasphemy Resolution with Lou Dobbs on February 25, 2009 on CNN. The Resolution, sponsored by the Arab members, might be the crucial next step towards imposing Sharia law in the Western world. Do you believe the United Nations' restriction of freedom of speech in the United States and other western countries should be tolerated? .

Inside Story - Sharia in Pakistan's Swat-18 Feb 2009-Part 1

Order: Reorder
Duration: 13:10
Published: 2009-02-19
Uploaded: 2011-02-19
Author: AlJazeeraEnglish

Some are celebrating, while others are worried as Sharia law is introduced in North West Pakistan. Announced on Monday, this was part of the agreement between the government and Pakistani Taliban. Will it help to restore peace or just trigger chaos in the already volatile region?

DFU SING-ALONG: That's Sharia (Come As You Are)

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Duration: 3:45
Published: 2011-03-07
Uploaded: 2011-03-08
Author: dougfromupland

Coming to America?

White House Sharia

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Duration: 9:22
Published: 2011-03-04
Uploaded: 2011-03-04
Author: ChristianRefugees

Religious Freedom Coalition chairman William J. Murray responds to Imam Anjem Choudary, whose group has been banned in the UK, announced a pro-sharia law rally in front of the White House for March 3, 2011. Choudary said that by force the Islamic flag would fly over the White House and that sharia, or Islamic law, would replace the Constitution. Murray and other anti-saria leaders spoke at a press conference near the White House

Conservatives Bringing Sharia Law To America?

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Duration: 2:49
Published: 2011-02-03
Uploaded: 2011-03-06
Author: TheYoungTurks

Watch Cenk Uygur on MSNBC weeknights at 6pm Eastern, 3pm Pacific. TYT Mobile: bit.ly Subscribe: bit.ly Facebook Page: www.facebook.com Follow us on Twitter: twitter.com www.theyoungturks.com DISCOUNTS: www.theyoungturks.com FREE Movies(!): www.netflix.com Note: The above two links are for TYT sponsors. Read Ana's blog and subscribe at: www.examiner.com Read Cenk's Blog: www.huffingtonpost.com TYT Network (new WTF?! channel): www.youtube.com Check Out TYT Interviews www.youtube.com New TYT Network channels: www.youtube.com www.youtube.com

Sharia Law in UK: Rule of God or Wing of Terrorism?

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Duration: 2:56
Published: 2010-06-21
Uploaded: 2011-03-07
Author: RussiaToday

A heated rally outside London's Downing Street sparked counter-demonstrations and chaos. Muslim protestors had gathered - calling for aspects of Sharia Law to be introduced into Britain.

The Kominas - Sharia Law in the USA

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Duration: 3:45
Published: 2010-05-23
Uploaded: 2011-03-09
Author: KutayKaminey

Music Video for Sharia Law in the USA by The Kominas Video: Excerpt from The Day I Became a Woman (2000) Music: Sharia Law in the USA by The Kominas Sharia Law in the USA is a single from The Kominas' debut album, "Wild Nights in Guantanamo Bay". Video edited by Imran Ali Malik www.komin.as http facebook.com

PJTV: Survivor Of Sharia, Wafa Sultan Now Fights Against It

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Duration: 11:40
Published: 2010-03-26
Uploaded: 2011-03-09
Author: Pajamasmedia

Raised in Syria, Wafa Sultan suffered under Sharia law. The author of A God Who Hates, she sits down with Bill Whittle to talk oppression, freedom, and the creep of Sharia across the globe. www.PJTV.com.

Global Campaign Against Sharia Law

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Duration: 7:51
Published: 2008-12-10
Uploaded: 2011-03-07
Author: victimlesscriminal

ANYONE ANYWHERE IN THE WORLD CAN SIGN THIS PETITION Sign the UK One Law For All Petition and support the Global Statement against Sharia law: www.shariapetition.com Sharia law controls every single aspect of your private and public life. Girls from the age of puberty can be married. Shoplifting is punishable by amputation. Anyone who criticises the Qur'an or Mohammed can be legally murdered. You are not allowed to sing, or dance, or even laugh in public. Art, music and literature as we know them are simply not permitted. The legal witness of a man is worth more than a woman. Sharia law is not fundamentally different from other religious laws, but because it is part and parcel of a political movement with state power, its medieval rules become the laws of the land for millions. Sharia and all religious based laws are incompatible with the 21st Century; it is incompatible with any society that wants to maintain freedom and equality for all. During the enlightenment, our predecessors fought to remove the legal system from the biased grip of religion and pushed Christianity out of the public sphere; we must do the same again. We reject Sharia law because it is discriminatory, cruel and barbaric and demand an end to Sharia law across the world. We unequivocally support the struggle of people everywhere whether in Iran, Iraq, Afghanistan, Somalia or in Britain and the West, to oppose Sharia and live in secular societies, where at a minimum religion is a private matter and ...

Christopher Hitchens on Sharia

Order: Reorder
Duration: 5:11
Published: 2010-10-31
Uploaded: 2011-03-10
Author: DailyHitchens22

October 5, 2010. 92nd Street Y. Watch Full Debate: www.youtube.com

Sharia deal brings hope to Pakistan's Swat - 17 Feb 09

Order: Reorder
Duration: 2:42
Published: 2009-02-17
Uploaded: 2011-02-17
Author: AlJazeeraEnglish

The Pakistani government and a religious group in the country's Swat valley have agreed that sharia, Islamic law, will be implemented in the region. Al Jazeera's Imran Khan reports from Islamabad, where the government hopes its deal with Tehrik-e-Nifaz Shariat Muhammadi will bring peace to the area.

What is Sharia Law? Why it threatens America. Wafa Sultan explains

Order: Reorder
Duration: 8:56
Published: 2008-11-17
Uploaded: 2011-03-09
Author: UAC4America

Wafa Sultan explains Sharia Law

Which States Banning Sharia Law?

Order: Reorder
Duration: 3:22
Published: 2011-02-09
Uploaded: 2011-03-10
Author: TheYoungTurks

thinkprogress.org TYT Mobile: bit.ly Subscribe: bit.ly Facebook Page: www.facebook.com Follow us on Twitter: twitter.com www.theyoungturks.com DISCOUNTS: www.theyoungturks.com FREE Movies(!): www.netflix.com Note: The above two links are for TYT sponsors. Read Ana's blog and subscribe at: www.examiner.com Read Cenk's Blog: www.huffingtonpost.com TYT Network (new WTF?! channel): www.youtube.com Check Out TYT Interviews www.youtube.com New TYT Network channels: www.youtube.com www.youtube.com This past November, Oklahoma voters by a 70-30 percent margin passed a ballot question that barred "state courts from considering international or Islamic law when deciding cases." The new law — which was widely considered as unfairly targeting the Muslim community and blaming it for the non-existent threat of Sharia law in the United states — was blocked by an injunction issued just a few weeks later by federal judge Vicki Miles-LaGrange. The judge argued that the Sharia ban was unconstitutional because it violated the establishment clause of the First Amendment and unfairly singled out Muslims. Yet despite the injunction of the Oklahoma law, legislators in at least 13 states across the country have introduced or passed similar bills designed to protect us from the non-existent threat of Sharia law being imposed on the United States. Here is a list of the bills being introduced around the country that build off the same ideas as the Oklahoma law: To Read More Click Here: thinkprogress.org

Debate on Sharia Law in UK (SKY NEWS)

Order: Reorder
Duration: 6:23
Published: 2008-02-08
Uploaded: 2011-02-15
Author: ramadhanfoundation

This is Mohammed Shafiq from the Ramadhan Foundation, a leading Muslim organisation on SKY News Sunrise with Eamon Holmes discussing Archbishop Rowan William comments on Sharia Law in the UK, debating with TALKSPORT host James Whale. More at www.ramadhanfoundation.com

Newt Gingrich: Ban Sharia - It is" totally abhorrent to the Western World"

Order: Reorder
Duration: 7:36
Published: 2010-07-30
Uploaded: 2011-03-03
Author: blogspotKitmanTV

Complete Speech at: kitmantv.blogspot.com All parts as embeddable playlist here: www.youtube.com Before anybody begins to ridicule Newts concerns about creeping sharia, I suggest you read the recent report on the complete moral bancruptcy of the brittish legal system after the stealthy implementation of hundreds of sharia courts. It is a HORRIFYING read: kitmantv.blogspot.com This is a part of Newt Gingrich groundbreaking speech at the American Enterprise Institute July 29, 2010. "Almost nine years after the 9/11 attacks, the United States has yet to confront the threat posed by the extremist and irreconcilable wing of Islam. Former Speaker of the House and AEI senior fellow Newt Gingrich will warn that now is the time to awaken from self-deception about the nature of our enemies and rebuild a bipartisan commitment, in Afghanistan and elsewhere, to defend America. Drawing on the lessons of Camus and Orwell, Gingrich will describe the dangers of a wartime government that uses language and misleading labels to obscure reality. He will explain why we need a debate about this larger war against the irreconcilable wing of Islam—which mortally threatens America's way of life, freedom, and rule of law—and how it relates to the nuclear threat from Iran and the various other risks posed to America's very existence. Most importantly, Gingrich will argue that America will remain at risk until it confronts this willful blindness about the nature of its enemies and the nature of the ...

Sharia Courts Operating in Britain

Order: Reorder
Duration: 3:02
Published: 2008-09-14
Uploaded: 2011-02-19
Author: victimlesscriminal

Sharia courts have been operating in Britain to rule on disputes between Muslims for more than a year, it has emerged. Sources: Telegraph.co.uk 14/16thth September 2008 Links: www.telegraph.co.uk www.telegraph.co.uk *************************** Please sign this extended petiton against Sharia Law: "We the undersigned petition the Prime Minister to Stop Sharia Law from being binding in law under arbitration tribunals rules. Sharia law can be enforced in this country by the county and high courts. This is allowed under rules of arbitration when both parties in the dispute agree to give the tribunal (in this case a Sharia court) the power to rule on the case. We state that this should be stopped, as sharia law is totally contrary to western values of fair and equal justice for all." petitions.number10.gov.uk *************************

One Law For All - No Sharia

Order: Reorder
Duration: 9:58
Published: 2008-12-23
Uploaded: 2011-03-05
Author: victimlesscriminal

While I was at this meeting of the Council of Ex-Muslims of Britain (the CEMB) I was very impressed with this panel discussion on Sharia courts and Sharia law with the involvement of Johann Hari, Ibn Warraq, Roy Brown, Maryam Namazie and others there present. Please support the One law for all UK petition and campaign against Sharia law. Go to www.shariapetition.com While you are there, support the Global Statement Against Sharia. You can download a petition signature form from the main page and then collect names and signatures from people you know who are opposed to Sharia. Please don't leave this to someone else. You can also view the launch video at uk.youtube.com This is the time to act for equality and fairness in our legal systems.

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photo: Creative Commons

Kano Mosque.

photo: AP / Ed Wray

Acehnese men and women enter the main mosque in conservative Banda Aceh which is the only Indonesian province to have implemented Sharia law, Dec. 2, 2006 in Banda Aceh, Indonesia.

photo: AP / Heri Juanda

Acehnese sharia police officers stop a woman wearing pants at a check point in Pasi Jambu, West Aceh, Indonesia, Thursday, May 27, 2010.

photo: AP / Kevin Frayer

Palestinian students attend an open air class at the Sharia Mosque and Islamic school, that was destroyed in an Israeli missile strike in recent weeks, in Rafah, southern Gaza Strip, Monday, Jan. 26, 2009. The students have been attending classes in the school yard while education officials find other institutions for the children to study at. The latest Israeli incursion into Gaza was aimed at the territory's Hamas rulers, and ended Jan. 17 with nearly 1,300 Palestinian

photo: AP / Kevin Frayer

A Palestinian student studies during an open air class at the Sharia Mosque and Islamic school, that was destroyed in an Israeli missile strike in recent weeks, in Rafah, southern Gaza Strip, Monday, Jan. 26, 2009. The students have been attending classes in the school yard while education officials find other institutions for the children to study at. The latest Israeli incursion into Gaza was aimed at the territory's Hamas rulers, and ended Jan. 17 with nearly 1,300 Palestinia

photo: AP /

In this Oct. 13, 2007 file photo, three Islamic militants convicted in the 2002 Bali bombings, from left, Imam Samudra, Ali Ghufron and Amrozi Nurhasyim, raise their fists during a demonstration calling for the implementation of Islamic sharia law after a Eid al-Fitr prayer which marks the end of the holy month of Ramadan at their jail on Nusakambangan island, in central Java, Indonesia. A court official says Thursday, July 17, 2008 the final appeal by the three militants has been rejected, brin

photo: WN / Ahmed Deeb

GAZA CITY,GAZA STRIP

photo: WN / Ahmed Deeb

GAZA CITY,GAZA STRIP

photo: WN / Ahmed Deeb

GAZA CITY,GAZA STRIP

photo: WN / Ahmed Deeb

GAZA CITY,GAZA STRIP

photo: WN / Ahmed Deeb

GAZA CITY,GAZA STRIP

photo: WN / Ahmed Deeb

GAZA CITY,GAZA STRIP

photo: WN / Ahmed Deeb

GAZA CITY,GAZA STRIP

photo: AP Photo/Chik Rini

A Muslim women walks near a sign saying that wearing Muslim dress is an obligation, in the provincial capital of Banda Aceh, Aceh province Wednesday, March 6, 2002. A form of Islamic sharia law is being implemented in Aceh by the central government, incl

photo: AP / Amr Nabil

Egyptian doctors and activists raise banners in support to two Egyptian doctors who were sentenced by a Saudi court

photo: Creative Commons

Provinces of Indonesia

photo: Creative Commons / Delengar

Eastern harbour of Alexandria city showig a part of the Alexandria library arc , Qaitbay citadel. Two main streets, lined with colonnades and said to have been each about 60 metres (200 feet) wide, intersected in the center of the city, close to the point where the Sema (or Soma) of Alexander (his Mausoleum) rose.

photo: Creative Commons

National and University Library of Bosnia and Herzegovina

photo: Creative Commons / Deepak Gupta

Sivakempfort in india

photo: Creative Commons

Wailing Wall, Jerusalem, by Gustav Bauernfeind (19th century).

photo: Creative Commons / Spc. Daniel Love, U.S. Army

US-UK-Sangin200

photo: Creative Commons / HUB

American soldiers with Bravo Company, 3rd U.S. Infantry Regiment, �The Old Guard,� and Marines with Kilo Company, 3rd Battalion, 2nd Marine Regiment along with French Special Forces participated in a reconnaissance patrol before assaulting their simulated enemy during a training exercise to commemorate the 60th anniversary of the D-Day Landings June 6th. U.S. Marine Cpl. Adam C. Shcnell