Sharia means Islamic law based on Islamic concepts based from Quran and Hadith. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.[1]
Historically, Sharia was interpreted by independent jurists (muftis), based on Islamic scriptural sources and various legal methodologies.[2] In the modern era, statutes inspired by European codes replaced traditional laws in most parts of the Muslim world, with classical Sharia rules retained mainly in personal status laws. Countries such as Pakistan and Saudi Arabia have islam as their state religion, but haven’t implemented sharia law fully.[2][3] These laws were codified by legislative bodies which sought to modernize them without abandoning their foundations in traditional jurisprudence.[2][4] The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of Sharia, including hududcapital punishments, such as stoning, which in some cases resulted in traditionalist legal reform.[2][4] Some countries with Muslim minorities use Sharia-based laws to regulate banking, economics, inheritance, marriage and other governmental and personal affairs of their Muslim population. The use of Sharia in non-Muslim countries and on non-Muslims is debated.
Sharia is a religious law forming part of the Islamic tradition.[5] Traditional theory of Islamic jurisprudence recognizes four sources of Sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus).[6] Different legal schools—of which the most prominent are Hanafi, Maliki, Shafi'i, Hanbali and Jafari (Shia)—developed methodologies for deriving Sharia rulings from scriptural sources.[7][2] Traditional jurisprudence (fiqh) distinguishes two principal branches of law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a wide range of topics.[7][8] Thus, some areas of Sharia overlap with the Western notion of law while others correspond more broadly to living life in accordance with God's will.[2]
Classical jurisprudence was elaborated by private religious scholars, largely through legal opinions (fatwas) issued by qualified jurists (muftis). It was historically applied in Sharia courts by ruler-appointed judges, who dealt mainly with civil disputes and community affairs.[7][8]Sultanic courts, the police and market inspectors administered criminal justice, which was influenced by Sharia but not bound by its rules.[9][8] Non-Muslim (dhimmi) communities had legal autonomy to adjudicate their internal affairs.[2] Over the centuries, Sunni muftis were gradually incorporated into state bureaucracies,[10] and fiqh was complemented by various economic, criminal and administrative laws issued by Muslim rulers.[11] The Ottoman civil code of 1869–1876 was the first partial attempt to codify Sharia.[4]
In the modern era, traditional laws in the Muslim world have been widely replaced by statutes inspired by European models.[2][3] Judicial procedures and legal education were likewise brought in line with European practice.[2] While the constitutions of most Muslim-majority states contain references to Sharia, its classical rules were largely retained only in personal status law.[2] Legislators who codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence.[2][4] The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of Sharia, including hudud capital punishments, such as stoning. In some cases, this resulted in traditionalist legal reform, while other countries witnessed juridical reinterpretation of Sharia advocated by progressive reformers.[2][4][12] While hudud punishments hold symbolic importance for their proponents and have attracted international attention, in countries where they make part of the legal system, they have been used infrequently or not at all, and their application has varied depending on local political climate.[2][13]
Some Muslim-minority countries recognize the use of Sharia-based family laws for their Muslim populations.[14][15] The adoption and demand for Sharia in the legal system of nations with significant Muslim-minorities is an active topic of international debate.[16] Reintroducing Sharia in Muslim-majority nations has been described as "a longstanding goal for Islamist movements",[17] and attempts to introduce or expand Sharia have been accompanied by controversy,[18] violence,[19] and even warfare.[20]
Types of legal systems
The legal systems of Muslim countries may be grouped as: mixed systems, classical Sharia systems, and secular systems.[21]
Classical Sharia systems
Under this system, shared by a small minority of modern countries, classical Sharia is formally equated with national law and to a great extent provides its substance. The state has a ruler who functions as the highest judiciary and may promulgate and modify laws in some legal domains, but traditional religious scholars (ulama) play a decisive role in interpreting Sharia. The classical Sharia system is exemplified by Saudi Arabia and some Gulf states. Iran shares many of the same features, but also possesses characteristics of mixed legal systems, such as a parliament and codified laws.[21]
Secular systems
Secular systems are those where Sharia plays no role in the nation's legal system and religious interference in state affairs, politics, and law is not permitted. Turkey has been an example of a Muslim-majority nation with a secular system, although its secularism has recently come under intense pressure.[22] Several states in West Africa and Central Asia also describe themselves as secular.[21]
Mixed systems
Most Muslim countries have mixed legal systems that postulate a constitution and rule of law, while also allowing rules of traditional Islamic jurisprudence to influence certain areas of national law. These systems possess large bodies of codified laws, which may be based on European or Indian codes. In these systems, the central legislative role is played by politicians and modern jurists rather than traditional religious scholars. Pakistan, Egypt, Malaysia, and Nigeria are examples of states having mixed systems.[21] Some states with Muslim minorities, such as Israel, also have mixed systems that administer Sharia for their Muslim population.[23]
Domains of application
Constitutional law
Most Muslim-majority countries incorporate Sharia at some level in their legal framework. Their constitutions commonly 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.[2][8] 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.[14] Conversely, some countries (e.g., Algeria), whose constitution does not mention Sharia, possess Sharia-based family laws.[8] Nisrine Abiad identifies Bahrain, Iran, Pakistan, and Saudi Arabia as states with "strong constitutional consequences" of Sharia "on the organization and functioning of power".[24]
Family law
Except for secular systems, Muslim-majority countries possess Sharia-based family laws (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. In Greece (only in Thrace), Indonesia (outside of Aceh, and in most circumstances), Nigeria (outside the states using Sharia law), Senegal (only in inheritance), and in the UK (in extrajudicial courts judgments and not the British legal system) people can choose whether to pursue a case in a Sharia or secular court.[14]
Criminal law
Countries in the Muslim world generally have criminal codes influenced by French law or common law, and in some cases a combination of Western legal traditions. 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 qisas (law of retaliation) and diya (monetary compensation). Iran subsequently issued a new "Islamic Penal Code". Saudi Arabia has never adopted a criminal code and Saudi judges still follow traditional Hanbali jurisprudence. The criminal code of Afghanistan contain a general provision that certain crimes are to be punished according to Sharia, without specifying the penalties. In United Arab Emirates, Sharia in criminal law is only applicable in determining diyah amounts.[25] Some Nigerian states have also enacted Islamic criminal laws. Laws in the Indonesian province of Aceh provide for application of discretionary (ta'zir) punishments for violation of Islamic norms, but explicitly exclude hudud and qisas.[26]Brunei has been implementing a "Sharia Penal Code", which includes provisions for stoning and amputation, in stages since 2014.[27][28] The countries where hudud penalties are legal do not use stoning and amputation routinely, and generally apply other punishments instead.[2][14][29]
Map
Countries where Sharia plays no official role in the judicial system.
Countries where Sharia exists only for Muslims (not for non-Muslims) and plays a role only in adjudicating personal status issues (such as marriage, divorce, inheritance, and child custody).
Countries where Sharia plays a role in adjudicating personal status issues as well as criminal cases.
Countries with regional variations in the application of Sharia.
Africa
Algeria
Article 222 of the Family Code of 1983 specifies Sharia as the residuary source of laws.[30] According to the U.S. State Department, the Sharia-derived family code treats women as minors under the legal guardianship of a husband or male relative, though in practice the implied restrictions are not uniformly enforced.[31]
It has a mixed legal system of English common law, French civil law, and customary law.[32]
Chad
After gaining independence from France, Chad retained the French legal system.[33]
Comoros
The legal system is based on both Sharia and remnants of the French legal code.[34] According to the article 229-7 of the Penal Code, any Muslim who makes use of products forbidden by Sharia can be punished by imprisonment of up to six months.[35]
The Family Code is mainly derived from Sharia and regulates personal status matters such as marriage, divorce, child custody and inheritance.[36] Sharia does not apply to criminal law.[37]
Egypt
Article 2 of Egypt's 2014 Constitution declares the principles of Sharia to be the main source of legislation.[38] Egypt's law and enforcement system are in flux since its 2011 revolution;[39] however, the declaration of Sharia's primacy in Article 2 is a potential ground for unconstitutionality of any secular laws in Egyptian legal code.[40] Sharia courts and judges are run and licensed by the Ministry of Justice.[41] The personal status law that regulates matters such as marriage, divorce and child custody is governed by Sharia. In a family court, a woman's testimony is worth half of a man's testimony.[42]
Eritrea
Muslims are required to use Sharia courts for cases dealing with marriage, inheritance and family of Muslims.[43]
Ethiopia
Muslims are required to use Sharia law for cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death.[44]
Gabon
It has a mixed legal system of French civil law and customary law.[32]
The Gambia
Article 7 of the constitution identifies Sharia as source of law in matters of personal status and inheritance among members of communities to which it applies.[45]
Ghana
Ghana is a secular state. Any other laws inconsistent with the national constitution are deemed null and void. No religious laws are applied in civil or criminal cases .[46]
Guinea-Bissau
It has a mixed legal system of civil law and customary law.[32]
Sharia is applied by Kadhis courts where "all the parties profess the Muslim religion".[48] Under article 170, section 5 of the constitution, the jurisdiction of Kadhis' court is limited to matters relating to "personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion, and Muslims are then required to use the jurisdiction of the Kadhi’s courts".[49]
Libya
Muammar Gaddafi merged civil and Sharia courts in 1973. Civil courts now employ Sharia judges who sit in regular courts of appeal and specialise in Sharia appellate cases.[50] The personal status laws are derived from Sharia.[51]
Mali
It has a civil law system influenced by customary law.[32] In urban areas, positive law is common. In rural areas the customary law usually dominates. Local rural versions of Sharia are the predominant sources for customary law.[52] Article 25 in Title II of Mali's constitution declares it to be a secular state.[53]
Muslim Personal Laws apply to Muslims. Polygamy is allowed but the government officially recognize monogamous marriage.[55][56]
Morocco
In 1956, a Code of Personal Status (Mudawana) was issued, based on dominant Maliki school of Sharia jurisprudence. Regional Sharia courts also hear personal status cases on appeal.[57] In matters of family law, a woman's testimony is worth only half of that of a man.[58] With 2003 reforms of its criminal law, Article 222 of its new criminal code is derived from Sharia; Articles 220–221, 268–272 of its criminal law similarly codify those activities as crimes that are prohibited under Sharia.[59] Morocco adopted a new constitution in 2011; Article 41 of this constitution granted sole power to the Superior Council of the Ulemas to guide its laws through fatwas.[60][61]
Mozambique
Paula Rainha states that, "Mozambique’s legal system can be considered civil law based (at least the formal legal system) and legislation is the primary source of law."[62]
Sharia applies to personal status issues and criminal law
Sharia states: Until 1999, Sharia applied primarily to civil matters, but twelve of Nigeria's thirty-six states have since extended Sharia to criminal matters.[64] Sharia courts can order amputations, and a few have been carried out.[65] The twelve Sharia states are Zamfara, Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto and Yobe.[66]
Borno, Gombe and Yobe have not yet begun to apply their Sharia Penal Codes.[67]
The rest of Nigeria has a mixed legal system of English common law and traditional law.[32]
Senegal
The legal system of Senegal is based on French civil law.[68] The 1972 Family Code (Code de la famille)[69] is secular in nature.[70] Sharia is allowed by article 571 of the Family Code only in the case of intestate successions, and only if the person had demonstrated in life a wish that his succession would be regulated by Sharia.[70] Most succession cases are decided under this provision.[71] There has been growing political attempts to introduce more Sharia regulations.[72]
Sierra Leone
It has a common law system influenced by customary law.[32]
Somalia
Sharia was adopted in 2009.[73] Article 2 of Somali 2012 Constitution states no law can be enacted that is not compliant with the general principles and objectives of Sharia.[74][75] Sharia currently influences all aspects of Xeer as well as Somalia's formal legal system.[76]
Sudan
Sharia has been previously declared the chief source of all legislation in Sudan's 1968, 1973 and 1998 Constitutions.[77] In 2005, Sudan adopted an interim national constitution; it removed some references to Sharia, but included Sharia-derived criminal, civil and personal legal codes, as well as Sharia-mandated hudud punishments.[78] The Criminal Act of 1991 prescribes punishments which include forty lashes for drinking alcohol, amputation of the right hand for theft of a certain value and stoning for adultery.[79][80] However, there is no record of either any amputation or stoning ever having taken place in Sudan.[81]
The use of Sharia in Sudan ended in September 2020, when Sudan officially became a secular state after Sudan's transitional government agreed to separate religion from the state, ending 30 years of Islamic rule and Islam as the official state religion in the North African nation.[82][83][84] It also scrapped the apostasy law and public flogging.[85]
However, after 1 year of military coup took place, Sharia got installed once again and harsh punishment like floggings still exist according to article 146.[86]
Tanzania
Sharia is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Sharia to matters of succession in communities that generally follow Sharia in matters of personal status and inheritance. Unlike mainland Tanzania, Zanzibar retains Islamic courts.[87]
Tunisia has a long secular tradition with a legal system based on French civil law. The Law of Personal Status, considered a reference in secular family law across the Arab world, bans polygamy and extrajudicial divorce. Sharia courts were abolished in 1956.[88][89] Secular inheritance laws are indirectly based on Islamic jurisprudence,[90] with religion never being mentioned in the Code of Personal Status.
Uganda
Article 129 (1) (d) of the constitution allows the parliament to establish by law "Qadhi’s courts for marriage, divorce, inheritance of property and guardianship".[91]
Americas
Canada
Sharia is explicitly banned in Quebec, Canada, upheld by a unanimous vote against it in 2005 by the National Assembly of Quebec,[92] while the province of Ontario allows family law disputes to be arbitrated only under Ontario law.[93]
United States
In the United States, various states have outlawed Sharia, or passed some form of ballot measure that prohibits state courts from considering foreign, international or religious law in their decisions. As of 2014[update] these include Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota and Tennessee.[94]
Asia
Afghanistan
This article needs to be updated. Please help update this article to reflect recent events or newly available information.(August 2021)
Criminal law in Afghanistan continues to be governed in large part by Sharia. The 1976 Criminal Code introduced a quasi-secular system for all tazir offenses, but provided for application of hudud, qisas and tazir according to the principles of Hanafi jurisprudence. In practice, as of 2003, the 1976 code was not widely applied, and virtually all courts, including the Supreme Court of Afghanistan, relied on Sharia directly.[95]
Bahrain
Article 2 of Bahrain's 2002 Constitution as originally adopted, as well as after February 2012 amendment, declares Islamic Sharia is a chief source of legislation.[96][97] Four tiers of ordinary courts have jurisdiction over cases related to civil, administrative and criminal matters, with Court of Cassation the highest civil court in Bahrain; in all matters, the judges are required to resort to Sharia in case legislation is silent or unclear.[97] Sharia courts handle personal status laws.[98][99]
A personal status law was codified in 2009 to regulate personal status matters. It applies only to Sunni Muslims; there is no codified personal status law for Shiites. In a Sharia court a Muslim woman's testimony is worth half of that of a Muslim man.[100]
Bangladesh
Bangladesh has a secular constitution but marriage, divorce, alimony and property inheritance are regulated by Sharia for Muslims.[101] The Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937) applies to Muslims in all matters relating to family affairs.[102] Islamic family law is applied through the regular court system.[103] There are no limitations on interfaith marriages.[104]
Brunei
Sharia courts decide personal status cases or cases relating to religious offences.[105] Sultan Hassanal Bolkiah declared in 2011 his wish to establish Islamic criminal law as soon as possible.[106] A new penal code enacted in May 2014 prescribes Sharia punishments, including the severing of limbs for property crimes and death by stoning for adultery and homosexuality.[107]
Indonesia
Aceh is the only part of Indonesia to apply Sharia to criminal law. Islamic courts in Aceh had long handled cases of marriage, divorce and inheritance. After special autonomy legislation was passed in 2001, the reach of courts extend to criminal justice.[108] Offences such as being alone with an unrelated member of the opposite gender and gambling can be punished with canings. In 2014, the provincial government of Aceh extended Sharia's reach to non-Muslims whose offenses also involve a Muslim. If a non-Muslim commits an offense covered by the secular criminal code, the non-Muslim may choose to be punished under either the secular national criminal code (KUHP) or under Aceh provincial Sharia Law.[109][110]
In other parts of Indonesia, religious courts have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Roman Dutch law or local adat.[111]Suharto's New Order expanded the reach of Sharia, first with the 1974 Marriage Act, which assigned jurisdiction over the marriage and divorce of Muslims to the Islamic courts (Indonesian: peradilan agama), and with the 1989 Religious Judicature Act, which elevated Islamic courts by making them a parallel legal system, equal to state courts and gave them jurisdiction over inheritance (wasiyyah), gifts (hibah) and religious endowments.[112] Muslim litigants could originally choose whether to have inheritance questions decided by the Islamic courts or by the civil courts, but a 2006 amendment eliminated this possibility; the same amendment gave Islamic courts new jurisdiction over property disputes, including financial and economic matters.[112] Muslims seeking a divorce must also file their claim in Islamic courts.[112] The Compilation of Islamic Law 1991 (Indonesian: Kompilasi Hukum Islam) regulates marriage, inheritance, and charitable trusts (wakaf).[112] Sharia falls outside the jurisdiction of the Constitutional Court.[112][113]
Iran
Article 167 of the constitution states that all judicial rulings must be based upon "authoritative Islamic sources and authentic fatwa".[114] Book 2 of the Islamic Penal Code of Iran is entirely devoted to hudud punishments.[115] Iranian application of Sharia has been seen by scholars as highly flexible and directly contradicting traditional interpretations of the Sharia.[116]
Iraq
Article 1 of the Civil Code identifies Sharia as a main source of legislation.[117] The 1958 Code "made polygamy extremely difficult, granted child custody to the mother in case of divorce, [and] prohibited repudiation and marriage under the age of 16."[118] In 1995, Iraq introduced Sharia punishment for certain types of criminal offenses.[119][clarification needed]
Iraq's legal system is based on Islamic Sunni and Jafari (Shi’ite) interpretations of Sharia.[120][121] Article 41 of the constitution allows for personal status matters (such as marriage, divorce and inheritance) to be governed by the rules of each religious group. The article has not yet been put into effect, and a unified personal status law remains in place that builds on the 1959 personal status code.[122]
Jordan
Jordan has Shariacourts and civil courts. Sharia courts have jurisdiction over personal status laws, cases concerning Diya (blood money in cases of crime where both parties are Muslims, or one is and both the Muslim and non-Muslim consent to Sharia court's jurisdiction), and matters pertaining to Islamic Waqfs.[123] The Family Law in force is the Personal Status Law of 1976, which is based on Sharia.[118] In Sharia courts, the testimony of two women is equal to that of one man.[124]
Kazakhstan
Sharia was in force up until early 1920.[125] The 1995 constitution is not based on Sharia.[126]
Kuwait
Article 2 of Kuwait's constitution identifies Islamic Sharia as one of the main sources of legislation.[96][127] According to the United Nations, Kuwait's legal system is a combination of British common law, French civil law, Egyptian civil law and Sharia.[128] The Sharia-based personal status law for Sunnis is based on the Maliki fiqh and for Shiites, their own school of Islam regulates personal status.[129][130] Kuwait attempts to block some internet content prohibited by Sharia, such as pornography.[131]
Lebanon's legal system is based on a combination of Civil Law, Sharia and Ottoman laws.[132] There are eighteen official religions in Lebanon, each with its own family law and religious courts. For the application of personal status laws, there are three separate sections: Sunni, Shia and non-Muslim. The Law of 16 July 1962 declares that Sharia governs personal status laws of Muslims, with Sunni and Ja'afari Shia jurisdiction of Sharia.[118]
Malaysia
Schedule 9 of Malaysian constitution recognizes Sharia as a state subject; in other words, the states of Malaysia have the power to enact and enforce Sharia.[133]Hudud Islamic criminal law statutes have been passed at the state level in Terengganu,[134]Kelantan[135] and Perlis,[136][pageneeded] but as of 2014, none of these laws have been implemented, as they contravene the Federal Constitution.[137][138][139] The Sharia courts in Malaysia also enforces some limited amount of Islamic criminal law only applicable for Muslims, the maximum sentence for these are 6 strokes of the cane, a fine of RM 5,000, and 3 years in prison as stipulated in Act 355.[140] There has been a proposal to increase these penalties, but it remains a controversy among Malaysians.[141][142]
In 2007, Malaysia's Federal court ruled that apostasy matter lay "within the exclusive jurisdiction of Sharia Courts".[133] Malaysian Muslims can be sentenced to caning for such offences as drinking beer,[143] and adultery.[144] Several Sharia crimes, such as khalwat (close proximity of unmarried man and woman) are punishable only in Sharia courts of Malaysia. Publishing an Islamic book that is different from official Malaysian version, without permission, is a crime in some states. Other Sharia-based criminal laws were enacted with "Syariah Criminal Offences (Federal Territory) Act of 1997".[133]
Muslims are bound by Sharia on personal matters, while members of other faiths follow civil law. Muslims are required to follow Sharia in family, property and religious matters.[145] In 1988, the constitution was amended to state that civil courts cannot hear matters that fall within the jurisdiction of Sharia courts.[146]
Maldives
Article 15 of the Act Number 1/81 (Penal Code) allows for hudud punishments.[147] Article 156 of the constitution states that law includes the norms and provisions of Sharia.[148]
Myanmar
In Myanmar, Sharia has been applied for personal status issues since colonial times, under section 13 of Burma Law Act, 1898.[149] Court precedents also decided that Waqf matters are to be decided under Sharia. The 1952 Myanmar Muslim Dissolution of Marriage Act states that a Muslim woman has the right to divorce her husband with appropriate cause.[149] Matters relating to Sharia family law are decided by civil courts.[149]
Oman
Islamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree 101/1996.[150] The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia.[151] Sharia Court Departments within the civil court system are responsible for personal status matters.[152] A 2008 law stipulates that the testimonies of men and women before a court are equal.[153]
Oman's criminal law is based on a combination of Sharia and English common law.[154] Omani commercial law is largely based on Sharia; Article 5 of its Law of Commerce defaults to primacy of Sharia in cases of confusion, silence or conflict.
Pakistan
The Constitution of Pakistan acknowledges God as the sole sovereign of the universe and the Parliament as a delegate. The Constitution of Pakistan requires that all laws conform with Islam and not conflict with the Quran or Sunnah. The Council of Islamic Ideology reviewed the British era legislation and found most of it did not conflict with Sharia.[155] Sharia was declared the Supreme Law of Pakistan in the 1991 Enforcement of Shariat Act. Section 4 stipulates that courts select an interpretation of law consistent with Islamic jurisprudence and principles.[156]
The Federal Shariat Court was formed to judge the conformity of Pakistani laws with Islam according to the Quran and Sunnah.[157] It has appellate, original and revisional jurisdiction. It consists of 8 judges including three ulama who are required to be qualified in Sharia.[158] The Federal Shariat Court invalidated 55 federal statutes and 212 provincial statutes over 30 years.[159] Originally certain legislative documents such as the Muslim Personal Law, the Constitution, fiscal and procedural laws were excluded from the original jurisdiction of the Federal Shariat Court.[160] In its 1994 judgement the Supreme Court declared that the term "Muslim personal law" used in Article 203B, which excludes the Federal Shariat Court's jurisdiction under Article 203D only referred to the personal law of each Muslim sect according to their interpretation of the Quran and Sunnah. Hence, the Federal Shariat Court judgement in 2000 held that all other legislation which applied to Muslims in general were under the jurisdiction of the Federal Shariat Court under Article 203D. The court also held that the Constitution had not intended to reduce the role of the Federal Shariat Court.[161]
Pakistani evidence law has been brought into conformity with Sharia. However, only 9 sections needed to be changed from the British era 1872 evidence act. The differences in the Islamic version focus more on rules concerning the number, character and competence of eyewitnesses. For example, in financial or future matters, the Law of Evidence says that evidence must be attested to by two men, or one man and two women. The Law of Evidence also requires a court to determine competence of a witness by reference to the Islamic injunctions in the Quran and Sunnah.[162]
Qisas and Diyat laws prescribe retaliatory punishments or compensatory blood money for offenses such as murder and injury.[159] The Qisas and Diyat laws in Pakistan make offences such as murder a private offence against the victim and their family, instead of classifying them as a public offence against the state as it had been during the British rule who had abandoned the Qisas and Diyat laws because they made enforcing law and order difficult since the victim or victim's family could pardon or take blood money as compensation. The Qisas and Diyat laws were first introduced by presidential ordinance in 1990 and were then enshrined in law in 1997.[163]
Most offences in Pakistani law fall under tazir and siyasah. The Pakistan Penal Code is regarded as a code of tazir offences although it includes siyasah offences too even though the term siyasah is not mentioned.[164] The Hudood Ordinance divides the crimes of zina, qazf, drinking and theft into two categories: those liable to hadd and those liable to tazir. Shariah leaves tazir punishments to discretion.[165] If the strict evidentiary requirements for hadd offences are not fulfilled, the tazir (discretionary) punishments can be awarded to hadd offences too. Tazir punishments can include forms of punishments such as fines, imprisonment and whipping.[166]
There are very strict conditions for imposing the hadd punishment of amputation on thieves. The principle used is that the accused will be spared from hadd punishment for any minor doubt and the court will use all legitimate means to avoid imposing a hadd punishment. For this reason, no amputation has ever been occurred for theft. Theft which is committed under pressure is not liable to hadd. Other factors taken into consideration are the relationship between a victim and the culprit as well as the value of the stolen property. However, Section 13 of the Ordinance states that theft which is not liable to hadd can be punished under tazir. The punishment under Pakistan Penal Code such as fines or imprisonment are applied to theft liable to tazir. Pakistani law also classifies robbery (harabah) as a hadd offence.[167]
President Zia ul Haq introduced the Zakat system to Pakistan through the Zakat and Ushr Ordinance (1980). In Ramadan Pakistani banks deduct 2.5 percent from bank accounts above the Nisab amount. The banks send the collection to the Ministry of Finance. The Zakat and Ushr Ordinance specify which categories of people are eligible for receiving zakat. These include religious students, orphans and the sick. Pakistani ushr law levies 5 percent tax on harvests from artificially irrigated lands and 10 percent tax on lands which are not artificially irrigated.[168]
Pakistan eliminated interest from domestic transactions but not from foreign debt. Profit and loss sharing schemes and contract markups were started. However, the ulama considered profit and loss to also be a form of riba. The Finance Minister Ghulam Ishaq Khan admitted this in 1984 and said that illegal profiteering and hoarding had to be eliminated. In 1991, the Federal Shariat Court declared riba to be haram and struck down 32 financial laws for being unIslamic. Two private banks challenged this ruling on the grounds that while they accepted the ruling, there was no alternative available. The federal law minister stated: "the government does not challenge the contention that interest is against the Quran, but the system is so deeply entrenched that it cannot be eliminated overnight."[169]
Punishment for apostasy have been effectuated through Pakistan's blasphemy laws.[170] In 2006 the government sent a bill to the parliamentary committee for consideration which would impose the death penalty on apostates. The bill has not been passed yet.[171] The principle is that a lacuna in statute law is to be filled with Sharia. Martin Lau hypothesized that even though there was no statutory provision concerning apostasy, it may already be punishable by death in Pakistan because of this principle.[172] In 2010, the Federal Shariat Court held that apostasy and treason are both hadd offences.[173]
In 2010, the Court also invalidated those sections of the 2006 Women's Protection Act which had overrode the clauses of the zina and qazf Ordinances.[174]
There are Sharia trial and circuit trial courts in Mindanao, which is home to the country's significant Filipino Muslim minority.[175] Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws.[176] In 2024, this was expanded to Visayas and Luzon.[177] Sharia only applies to civil cases involving all Muslims nationwide.
Cases are handled in Bangsamoro and a couple of Mindanao provinces outside the autonomous region by both Sharia district and circuit courts, organised into five Sharia districts. Outside these areas, Sharia-related cases are processed in civil courts under a session from the five Sharia districts.[178] All other cases, including criminal ones, are dealt with by local civil courts.[179]
Qatar
Sharia is the main source of Qatari legislation according to Qatar's Constitution.[180][181] Sharia is applied to laws pertaining to family law, inheritance, and several criminal acts (including adultery, robbery and murder). In some cases in Sharia-based family courts, a female's testimony is worth half a man's and in some cases a female witness is not accepted at all.[182]
Flogging is used in Qatar as a punishment for alcohol consumption or illicit sexual relations.[183] Article 88 of Qatar's criminal code declares the punishment for adultery is 100 lashes.[184] Adultery is punishable by death when a Muslim woman and a non-Muslim man are involved.[184] In 2006, a Filipino woman was sentenced to 100 lashes for adultery.[184] In 2012, six expatriates were sentenced to floggings of either 40 or 100 lashes.[183] More recently in April 2013, a Muslim expatriate was sentenced to 40 lashes for alcohol consumption.[185][186][187] In June 2014, a Muslim expatriate was sentenced to 40 lashes for consuming alcohol and driving under the influence.[188]
Judicial corporal punishment is common in Qatar due to the Hanbali interpretation of Sharia. Article 1 of the Law No. 11 of 2004 (Penal Code) allows for the application of "Sharia provisions" for the crimes of theft, adultery, defamation, drinking alcohol and apostasy if either the suspect or the victim is a Muslim.[189]
Saudi Arabia
Saudi law is based entirely on Sharia.[190] No codified personal status law exists, which means that judges in courts rule based on their own interpretations of Sharia.[191] See Legal system of Saudi Arabia. Following the disappearance and assassination of Jamal Khashoggi in 2018, the Saudi regime was subject to accusations of corruption and misrepresentation of Islam.[192] As of 2021, Saudi Arabia has implemented codified personal status laws, including the Personal Status Law, the Civil Transactions Law, the Penal Code for Discretionary Sanctions, and the Law of Evidence implemented by reformist crown prince Mohammed Bin Salman.[193]
Singapore
Sharia courts may hear and determine actions in which all parties are Muslims or in which parties involved were married under Muslim law. Court has jurisdiction over cases related to marriage, divorce, betrothal, nullity of marriage, judicial separation, division of property on divorce, payment of dowry, maintenance, and muta.[194]
Sri Lanka
Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act.[195]
Syria
Article 3 of the 1973 Syrian constitution declares Islamic jurisprudence one of Syria's main sources of legislation.[196] The Personal Status Law 59 of 1953 (amended by Law 34 of 1975) is essentially a codified Sharia.[197] The Code of Personal Status is applied to Muslims by Sharia courts.[198] In Sharia courts, a woman's testimony is worth only half of a man's.[199]
Tajikistan
The government is declared to be secular in the constitution.[47]
The remaining provinces of Thailand have a civil law system with common law influences.[32]
Turkey
As part of Atatürk's reforms, Sharia was abolished in April 1924, with the Law Regarding the Abolition of Islamic Law Courts and Amendments Regarding the Court Organization.[202]
Turkmenistan
Article 11 of the constitution declares that religious groups are separate from the state and the state educational system. But the legal system is civil law with Islamic influences.[203][204]
Sharia applies to personal status issues and criminal proceedings.
Since September 2020, Sharia is applied to matters of personal status for Muslims and to determine blood money amounts, while other aspects of the law, including criminal law and non-Muslim personal status is governed by civil law. The federal and local court systems comprises Sharia courts and civil courts.[25]
In September 2020, corporal punishment was officially removed as a legal form of punishment under UAE federal law. Article 1 of the Federal Penal Code was amended in 2020 to state that Sharia applies only to retribution and blood money punishments and the decree defined legal forms of punishment are retribution and blood money punishments, capital punishment, life imprisonment, temporary imprisonment incarceration, detention, and fines.[205] Previously the article stated that "provisions of the Islamic Law shall apply to the crimes of doctrinal punishment, punitive punishment and blood money"[205][206] making flogging, stoning, amputation, and crucifixion technically legal punishments for criminal offences such as adultery, pre-marital sex, and drug or alcohol consumption.[207][208]
Law 20/1992 regulates personal status. The constitution mentions Sharia.[209] Penal law provides for application of hadd penalties for certain crimes, although the extent of implementation is unclear.[210] Article 263 of the 1994 penal code states that "the adulterer and adulteress without suspicion or coercion are punished with whipping by one hundred strokes as a penalty if not married. [...] If the adulterer or the adulteress are married, they are punished by stoning them to death."[211]
Europe
Bosnia and Herzegovina
In spite of the fact that the country has a slight Muslim majority, it has a civil law system.[32]
Germany
Under certain conditions, Sharia rules on domestic relations are recognized by German courts based on private international law if no party has German citizenship. As a result, cases such as marriage, divorce, as well as many personal cases cannot be handled under German law if it is between Muslims who are not citizens. The outcome in most circumstances must not violate the principles of the German legal system according to the ordre public.[212]
Greece
In Western Thrace, under the terms of the 1920 Treaty of Sevres and 1923 Treaty of Lausanne, Sharia courts historically had exclusive jurisdiction over the Muslim population in issues related to family law.[213][214] Since 2018, Muslims in the region have been given the choice of registering a civil marriage and pursuing civil cases in the national court system.[215][214] The Treaty of Lausanne also allows for the establishment of waqfs.[214]
In other parts of Greece, all people are subjected exclusively to the provisions of the civil code, regardless of their religion.[216]
Turkey
Although secular law was encouraged as part of Atatürk's reforms in April 1924, Sharia still plays a major role in most of Turkish society.[202]
United Kingdom
England and Wales: Sharia councils, which have no legal status and no legal jurisdiction, are consulted by many Muslims as a source of religious guidance and as an instance granting religious divorces.[217] Likewise, Muslim Arbitration Tribunals are afforded limited recognition as purveyors of arbitration.[citation needed]
In 2018, a British court recognized Sharia in a divorce ruling in 2018, noting that a Muslim couple married under Sharia will also be recognized under British law and that the woman may claim her share of assets in a divorce.[218]
Territories with limited recognition
Israel
Sharia is one of the sources of legislation for Muslim citizens.[219] Sharia is binding on personal law issues for Muslim citizens.[219] The Sharia Courts of Israel arose as a continuation of the Ottoman Sharia courts, whose jurisdiction was restricted under the British Mandate. The Sharia Courts operate under the jurisdiction of the Ministry of Justice and adjudicate matters relating to marriages, divorce, financial maintenance, legal capacity and guardianship, custody of children, paternity, prevention of domestic violence, conversion to Islam, and inheritance, among others.[23]
It has a secular legal system with heavy influence from the modern-day Turkish legal system. It is unclear if Northern Cyprus is a civil law system, or if it uses common law.[220]
Palestine
The Egyptian personal status law of 1954 is applied. The personal status law is based on Sharia and regulates matters related to inheritance, marriage, divorce and child custody. Shari’a courts hear cases related to personal status. The testimony of a woman is worth only half of that of a man in cases related to marriage, divorce and child custody.[221]
Sharia,Sharī'ah, Shari'a, Shariah or Syariah is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law; contrary to fiqh, which refers to its interpretations by Islamic scholars.
Freedom of religion in Pakistan is formally guaranteed by the Constitution of Pakistan for individuals of various religions and religious sects.
The legal system of India consists of civil law, common law, customary law, religious law and corporate law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. On February 7, 2024, the Indian state of Uttarakhand also incorporated a uniform civil code. In the first major reformist judgment for the 2010s, the Supreme Court of India banned the Islamic practice of "Triple Talaq". The landmark Supreme Court of India judgment was welcomed by women's rights activists across India.
A nationwide judicial system in Iran was first implemented and established by Abdolhossein Teymourtash under Reza Shah, with further changes during the second Pahlavi era.
Islamization or Shariazation, has a long history in Pakistan since the 1950s, but it became the primary policy, or "centerpiece" of the government of General Muhammad Zia-ul-Haq, the ruler of Pakistan from 1977 until his death in 1988.
Qisas or Qiṣāṣ is an Islamic term interpreted to mean "retaliation in kind", "eye for an eye", or retributive justice. Qisas and diyya applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being Hudud and Ta'zir.
Diya in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to qisas. In Arabic, the word means both blood money and ransom, and it is spelled sometimes as diyah or diyeh.
Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
The use of politically and religiously-motivated violence in Islam dates back to its early history. Islam has its origins in the behavior, sayings, and rulings of the Islamic prophet Muhammad, his companions, and the first caliphs in the 7th, 8th, and 9th centuries CE. Mainstream Islamic law stipulates detailed regulations for the use of violence, including corporal and capital punishment, as well as regulations on how, when, and whom to wage war against.
The law of Libya has historically been influenced by Ottoman, French, Italian, and Egyptian sources. Under the Great Socialist People's Libyan Arab Jamahiriya, Libya has moved towards a legal system based on sharia, but with various deviations from it.
The legal system of Saudi Arabia is based on Sharia, Islamic law derived from the Quran and the Sunnah of the Islamic prophet Muhammad. The sources of Sharia also include Islamic scholarly consensus developed after Muhammad's death. Its interpretation by judges in Saudi Arabia is influenced by the medieval texts of the literalist Hanbali school of Fiqh. Uniquely in the Muslim world, Sharia has been adopted by Saudi Arabia in an uncodified form. This, and the lack of judicial precedent, has resulted in considerable uncertainty in the scope and content of the country's laws. The government therefore announced its intention to codify Sharia in 2010, and, in 2018, a sourcebook of legal principles and precedents was published by the Saudi government. Sharia has also been supplemented by regulations issued by royal decree covering modern issues such as intellectual property and corporate law. Nevertheless, Sharia remains the primary source of law, especially in areas such as criminal, family, commercial and contract law, and the Qur'an and the Sunnah are declared to be the country's constitution. In the areas of land and energy law the extensive proprietorial rights of the Saudi state constitute a significant feature.
A process of secularization in Syria occurred under the French mandate in the 1920s. Syria has been governed by the Arab nationalist Baath Party since 1963. The Baath regime combined Arab Socialism with elements of secular ideology and an authoritarian political system which also incorporated aspects of Islamic law, with different court systems operating for religious minorities. Non-Muslims are forbidden from the role of head of state.
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.
Capital punishment in Islam is traditionally regulated by the Islamic law (sharīʿa), which derived from the Quran, ḥadīth literature, and sunnah. Crimes according to the sharīʿa law which could result in capital punishment include apostasy from Islam, murder, rape, adultery, homosexuality, etc. Death penalty is in use in many Muslim-majority countries, where it is utilised as sharīʿa-prescribed punishment for crimes such as apostasy from Islam, adultery, witchcraft, murder, rape, and publishing pornography.
The judicial system of the United Arab Emirates is divided into federal courts and local courts. The federal justice system is defined in the Constitution of the United Arab Emirates, with the Federal Supreme Court based at Abu Dhabi. As of 2023, only the emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while all other emirates use the federal court system for all legal proceedings.
The province of Aceh in Indonesia enforces some provisions of Islamic criminal law, the sole Indonesian province to do so. In Aceh, Islamic criminal law is called jinayat. The laws that implement it are called Qanun Jinayat or Hukum Jinayat, roughly meaning "Islamic criminal code". Although the largely-secular laws of Indonesia apply in Aceh, the provincial government passed additional regulations, some derived from Islamic criminal law, after Indonesia authorized the province to enact regional regulations and granted Aceh special autonomy to implement Islamic law. Offences under the provisions include alcohol consumption, production and distribution, gambling, adultery, rape, sexual harassment, certain intimacies outside marriage, and certain homosexual acts. Punishments include caning, fines, and imprisonment. There is no provision for stoning; an attempt to introduce it in 2009 was vetoed by Governor Irwandi Yusuf. In 2016 Aceh processed 324 first instance court cases under Islamic criminal law, and carried out at least 100 caning sentences.
Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy not involving force, perjury causing execution of an innocent person, prostitution, sorcery and witchcraft, theft, treason and espionage. In addition to civilian treason and espionage, often considered capital crimes against the state where the death penalty is retained, military laws frequently ordain execution for serious offences, including in jurisdictions where capital punishment is illegal or obsolete under civilian law.
The legal system of Sudan has evolved over time. The legacy of British colonial rule has had a significant impact even after independence. Most of the lawyers and judges were British trained and initially tended to rely on judicial precedent. Soon after independence, however, pressure began to build to change the legal system. By the time Jaafar Nimeiry seized power in 1969, a commission had been working on recommendations for a new system, but he dissolved it and formed another commission dominated by 12 Egyptian jurists. Based on recommendations received from them, Sudan adopted a new civil code that looked much like the Egyptian civil code of 1949. The new system was controversial because it disregarded existing laws and customs and introduced many new legal terms and concepts from Egyptian law without source material to interpret the codes. In 1973 the government repealed these codes and returned the legal system to its pre-1970 common-law status. In 1977 Nimeiry agreed to consider a Muslim Brotherhood demand that the system be based on Islam. He appointed al-Turabi as chairman of a committee to draft new Islamic laws. Nimeiry accepted few of the proposals from this committee. He then established a small, new group in 1983 that developed a “cut-and-paste” version of sharia laws based on practice in other countries. In September 1983, Nimeiry issued several decrees, known as the September Laws, which made sharia the law of the land.
The situation for apostates from Islam varies markedly between Muslim-minority and Muslim-majority regions. In Muslim-minority countries, "any violence against those who abandon Islam is already illegal". But in some Muslim-majority countries, religious violence is "institutionalised", and "hundreds and thousands of closet apostates" live in fear of violence and are compelled to live lives of "extreme duplicity and mental stress."
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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 2 February 2017. Retrieved 3 September 2014.
1 2 3 4 5 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 31 July 2017. Retrieved 22 January 2019.
1 2 3 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 22 January 2019.
1 2 3 4 5 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 31 July 2017. Retrieved 22 January 2019.
↑ 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 5 May 2017. Retrieved 13 April 2019.
↑ 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 23 February 2019. Retrieved 13 April 2019.
↑ Stewart, Devin J. (2013). "Shari'a". In Gerhard Böwering, Patricia Crone (ed.). The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press. p.500.
↑ Rabb, Intisar A. (2009). "Law. Civil Law & Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 31 July 2017. Retrieved 22 January 2019.
↑ Stahnke, Tad and Robert C. Blitt (2005), "The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries." Georgetown Journal of International Law, volume 36, issue 4; also see Sharia Law profile by CountryArchived 16 January 2014 at the Wayback Machine , Emory University (2011)
↑ Lapidus, Ira (1996), The Cambridge Illustrated History of the Islamic World edited by Francis Robinson, Cambridge University Press, pp. 293–98. "The reintroduction of Sharia is a longstanding goal for Islamist movements in Muslim countries".
↑ Staff (3 January 2003). "Analysis: Nigeria's Sharia Split"Archived 12 July 2018 at the Wayback Machine . BBC News. Retrieved 19 September 2011. "Thousands of people have been killed in fighting between Christians and Muslims following the introduction of sharia punishments in northern Nigerian states over the past three years".
Harnischfeger, Johannes (2008). •p. 16. "When the Governor of Kaduna announced the introduction of Sharia, although non-Muslims form almost half of the population, violence erupted, leaving more than 1,000 people dead." • p. 189. "When a violent confrontation loomed in February 200, because the strong Christian minority in Kaduna was unwilling to accept the proposed sharia law, the sultan and his delegation of 18 emirs went to see the governor and insisted on the passage of the bill."
↑ Archived 23 June 2011 at the Wayback Machine . Library of Congress Country Studies: Sudan:. "The factors that provoked the military coup, primarily the closely intertwined issues of Sharia and of the civil war in the south, remained unresolved in 1991. The September 1983 implementation of the sharia throughout the country had been controversial and provoked widespread resistance in the predominantly non-Muslim south ... Opposition to the sharia, especially to the application of hudud (sing., hadd), or Islamic penalties, such as the public amputation of hands for theft, was not confined to the south and had been a principal factor leading to the popular uprising of April 1985 that overthrew the government of Jaafar an Nimeiri".
Marchal, R. (2013), Islamic political dynamics in the Somali civil war. Islam in Africa South of the Sahara: Essays in Gender Relations and Political Reform, pp. 331–52
Tibi, Bassam (2008). Political Islam, World Politics and Europe. Routledge. p. 33. "The shari'a was imposed on non-Muslim Sudanese peoples in September 1983, and since that time Muslims in the north have been fighting a jihad against the non-Muslims in the south."
↑ Abiad, Nisrine (2008). Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study. British Institute of International and Comparative Law. pp.38–42.
1 2 "Federal Decree Law No. (15) of 2020". Ministry of Justice. 27 September 2020. Pages 1, Article 1 "The provisions of the Islamic Shari’a shall apply to the retribution and blood money crimes. Other crimes and their respective punishments shall be provided for in accordance with the provisions of this Law and other applicable penal codes". Archived from the original on 31 May 2023. Retrieved 8 June 2023.
↑ Tellenbach, Silvia (2015). "Islamic Criminal Law". In Markus D. Dubber; Tatjana Hornle (eds.). The Oxford Handbook of Criminal Law. Oxford University Press. pp.249–250. ISBN978-0199673599
↑ "24ème session". Haut-Commissariat aux droits de l'homme. Archived from the original on 14 July 2014. Retrieved 9 July 2014. La Charia n'est pas compétente dans le domaine pénal, a précisé la délégation.
↑ Adly Mansour. "Egypt's Constitution"(PDF). Government of Egypt. Archived(PDF) from the original on 18 July 2015. Retrieved 13 November 2018.
↑ "Kenya". Law.emory.edu. Archived from the original on 16 January 2013. Retrieved 18 February 2013.
↑ "The Constitution of Kenya"(PDF). Embassy of the Republic of Kenya, Washington DC. Archived from the original(PDF) on 23 December 2012. Retrieved 24 February 2013.
↑ "Libya". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
↑ Servaas Feiertag (2008). "Guide to Legal Research in Mali". GlobaLex. New York University School of Law. Archived from the original on 5 March 2016. Retrieved 13 November 2018.
↑ Dièye, Abdoulaye (2009). "Secularism in Senegal: Withstanding the Challenge of Local Realities"(PDF). Institute for the Study of Islamic Thought in Africa. p.10. Archived(PDF) from the original on 5 June 2010. Retrieved 3 October 2014. More recently a personal status code in accordance with the Sharia for Senegalese Muslims instead of the present Family Code was adopted and propagated by the Islamic Committee for the Reform of the Family Code in Senegal.
Stahnke, Tad and Robert C. Blitt (2005), "The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries." Georgetown Journal of International Law, volume 36, issue 4; also see Sharia Law profile by CountryArchived 2014-01-16 at the Wayback Machine , Emory University (2011)
↑ Abrahamian, Ervand (2008). A History of Modern Iran. Cambridge, UK; New York: Cambridge University Press. p.190. ISBN978-0521528917. They allowed women to study abroad on state scholarships. They even passed bills directly contradicting traditional interpretations of the sharia. They eliminated all distinctions between men and women, between Muslims and non-Muslims, in accepting witnesses in court and awarding monetary compensations for damages. They increased the marriageable age for girls to fifteen (from thirteen). They reopened the judiciary to women. They gave them equal rights in divorce courts and permitted them to have custody rights over children under the age of seven. Never before in the Middle East had a freely elected parliament so blatantly challenged basic tenets of the sharia. What is more, they ratified the UN Convention on Elimination of All Forms of Discrimination against Women – the USA has still refused to ratify this highly egalitarian convention. The liberal cause was further bolstered when Ayatollah Youssef Sanai, one of Khomeini's favorite disciples, came out in full support of women's rights. He ruled that the law should not differentiate between the sexes, and that women should have the right to become presidents, chief judges, and even Supreme Leaders.
↑ "Iraq, Republic of". Law.emory.edu. 16 March 1983. Archived from the original on 16 January 2013. Retrieved 18 February 2013.
↑ "Constitution of Kuwait". Dustur Dawlat Al-Kuwait, Government of Kuwait (2014). Archived from the original on 9 April 2018. Retrieved 13 November 2018.
↑ Shad Furuqi (2005), The Malaysian Constitution, the Islamic state and Hudud Laws, Chapter 13 in Islam in Southeast Asia (Editors: Nathan and Kamali), Institute of Southeast Asian Studies, ISBN978-9812302830
↑ Saw Swee-Hock; K Kesavapany (January 2006). Malaysia: Recent Trends and Challenges. Institute of Southeast Asian Studies. p.105. ISBN978-9812303394. Archived from the original on 6 May 2016. Retrieved 12 August 2015. this law, being in contravention to the Federal Constitution, has remained inoperative.
↑ Peri Bearman; Professor Rudolph Peters (28 August 2014). The Ashgate Research Companion to Islamic Law. Ashgate Publishing, Ltd. p.240. ISBN978-1409438939. Archived from the original on 29 May 2016. Retrieved 12 August 2015. the government of Kelantan admitted to the largely symbolic nature of the law, with the Chief Minister of Kelantan stating a few days after its unanimous passage that it "could not be implemented until the Federal Government of Malaysia makes changes to the Federal Constitution"
↑ Rubya Mehdi, The Islamization of the Law in Pakistan (2013) Routledge, p. 209
↑ Salma Waheedi & Kristen Stilt, Judicial review in the context of constitutional Islam, in "Comparative Judicial Review", Edward Elgar Publishing, pg. 137
↑ Shahbaz Ahmad Cheema, The Federal Shariat Court’s Role to Determine the Scope of ‘Injunctions of Islam’ and Its Implications, Journal of Islamic State Practices in International Law (2013), p. 95
↑ Shahbaz Ahmad Cheema, The Federal Shariat Court’s Role to Determine the Scope of ‘Injunctions of Islam’ and Its Implications, Journal of Islamic State Practices in International Law (2013), p. 92
1 2 Sadaf Aziz, The Constitution of Pakistan: A Contextual Analysis, Bloomsbury Publishing
↑ Shahbaz Ahmad Cheema, The Federal Shariat Court’s Role to Determine the Scope of ‘Injunctions of Islam’ and Its Implications, Journal of Islamic State Practices in International Law (2013), p. 94
↑ Elisa Giunchi, Adjudicating Family Law in Muslim Courts, Routledge, p. 80
↑ Aarij S. Wasti, The Hudood Laws of Pakistan: A Social and Legal Misfit in Today's Society, Dalhousie Journal of Legal Studies, pp. 76-77
↑ Tahir Wasti, The Application of Islamic Criminal Law in Pakistan: Sharia in Practice (2009) BRILL, Chapter 6
↑ Khan, A. U., Ullah, S., & Abdullah, K. (2018). Personal-cum-political security & blasphemy laws in pakistan: A critical analysis. Pakistan Journal of Criminology, 10(1), 121.
↑ Rubya Mehdi, The Islamization of the Law in Pakistan (2013) Routledge, pp. 109-110
↑ Aarij S. Wasti, The Hudood Laws of Pakistan: A Social and Legal Misfit in Today's Society, Dalhousie Journal of Legal Studies, pp. 74-75
↑ Rubya Mehdi, The Islamization of the Law in Pakistan (2013) Routledge
↑ Anita M. Weiss, Islamic Reassertion in Pakistan: The Application of Islamic Laws in a Modern State (1986) Syracuse University Press, pg. 74
↑ Iftikhar Malik, State and Civil Society in Pakistan: Politics of Authority, Ideology and Ethnicity (1996) Springer, p. 53
↑ Forte, D. F. (1994), Apostasy and Blasphemy in Pakistan, Conn. Journal of Int'l Law, Vol. 10, p. 28
↑ Clarke, Ben (2009). "Law, Religion and Violence: A Human Rights-Based Response to Punishment (by State and Non-State Actors) of Apostasy". Adelaide Law Review. 30: 140.
↑ Martin Lau, The Role of Islam in the Legal System of Pakistan, BRILL, pg. 137
↑ Cheema, Shahbaz Ahmad. "The Federal Shariat Court's Role to Determine the Scope of 'Injunctions of Islam' and Its Implications". Journal of Islamic State Practices in International Law: 100.
↑ Gianluca P. Parolin, Religion and the Sources of Law: Shariah in Constitutions, in "Law, Religion, Constitution: Freedom of Religion, Equal Treatment, and the Law" (2016) Routledge, p. 103
↑ "Constitution of Qatar". Archived from the original on 6 October 2014. Retrieved 13 November 2018. According to Article 1: Qatar is an independent Arab country. Islam is its religion and Sharia is the main source of its legislation.
1 2 "Federal Decree Law No. (15) of 2020". Ministry of Justice. 27 September 2020. Pages 1, Article 1 "The provisions of the Islamic Shari’a shall apply to the retribution and blood money crimes. Other crimes and their respective punishments shall be provided for in accordance with the provisions of this Law and other applicable penal codes". Archived from the original on 31 May 2023. Retrieved 8 June 2023.
↑ Macris, P.C. (18 February 2017). "Sharia Law in Thrace". Le Courrier Diplomatique. Archived from the original on 1 December 2017. Retrieved 30 November 2017.
1 2 3 "Greece"(PDF). U.S. Department of State. pp.2–4. Retrieved 16 January 2015.
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