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Sharia, Sharī'ah, Shari'a, or Shariah 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. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists - reflecting the tendencies of different schools - and integrated and with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies.
A wife is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment; or until death, depending on the kind of marriage. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time.
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures. Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
A qadi is the magistrate or judge of a Sharia court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and audition of public works.
Divorce according to Islamic law can occur in a variety of forms, some initiated by a husband and some by a wife. The main categories of Islamic customary law are talaq (repudiation), khulʿ and faskh. Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory.
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Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women. Men can have up to four wives at a time under Islamic law.
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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.
The Ottoman Empire was governed by different sets of laws during its existence. The Qanun, sultanic law, co-existed with religious law. Legal administration in the Ottoman Empire was part of a larger scheme of balancing central and local authority. Ottoman power revolved crucially around the administration of the rights to land, which gave a space for the local authority develop the needs of the local millet. The jurisdictional complexity of the Ottoman Empire was aimed to permit the integration of culturally and religiously different groups.
Jewish women in the early modern period played a role in all Jewish societies, though they were often limited in the amount that they were permitted to participate in the community at large. The largest Jewish populations during this time were in Italy, Poland-Lithuania, and the Ottoman Empire. Women's rights and roles in their communities varied across countries and social classes.
The Law of Jordan is influenced by Ottoman law and European laws. The Constitution of Jordan of 1952 affirmed Islam as the state religion, but it did not state that Islam is the source of legislation. Jordanian penal code has been influenced by the French Penal Code of 1810.
Tunisian nationality law is regulated by the Constitution of Tunisia, as amended; the Tunisian Nationality Code, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Tunisia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Tunisian nationality is typically obtained under the principal of jus sanguinis, i.e. by birth in Tunisia or abroad to parents with Tunisian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
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Djiboutian nationality law is regulated by the Constitution of Djibouti, as amended; the Djiboutian Nationality Code, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Djibouti. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Djiboutian nationality is typically obtained under the principle of jus soli, i.e. by birth in Djibouti, or jus sanguinis, born abroad to parents with Djiboutian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
References
- ↑ Hanley, William. "Commercial Law." Speech, Legal History of the Modern Middle East, Florida State University, Tallahassee, September 2016.[ verification needed ]
- ↑ Ortayli, Ilber (2010). "Ottoman Family Law and the State in the Nineteenth Century". Studies on Ottoman Transformation. pp. 149–160. doi:10.31826/9781463231767-017. ISBN 978-1-4632-3176-7.
- ↑ Hanley, William. "Ottoman Family Law." Lecture, Legal History of the Modern Middle East, Florida State University, Tallahassee, October 24, 2016.[ verification needed ]
- 1 2 Tucker, Judith E. (1996). "Revisiting Reform: Women and the Ottoman Law of Family Rights, 1917". The Arab Studies Journal. 4 (2): 4–17. JSTOR 27933698. OCLC 5544907762.
- ↑ Anderson, James Norman Dalrymple (1959). Islamic Law in the Modern World. New York University Press. p. 26.
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