Since the early Islamic states of the eighth and ninth centuries, Islamic law (known in Arabic as sharia) always existed alongside other normative systems.
Within sharia, some crimes are known as hudud, for which there are specific penalties specified by Islam. For example, according to some interpretations, adultery is punished by stoning, fornication and the consumption of alcohol by lashing, and theft by the amputation of limbs. Many predominately Muslim countries have not adopted hudud penalties in their criminal justice systems. The harshest penalties are enforced with varying levels of consistency, and although most Muslim-majority countries adopt various aspects of sharia, some countries may only adopt a few aspects, whereas others apply the entire sharia code. The use of flogging is more common compared to punishments like amputations.
The adoption and demand for sharia in the legal system of nations with significant Muslim-minorities is an active topic of international debate. Introducing sharia as the law of the land in Muslim-majority nations has been described as "a longstanding goal for Islamist movements", and attempts to introduce or expand sharia have been accompanied by controversy, violence, and even warfare. Most countries of the world do not recognize sharia; however, some that do recognize sharia use it as the basis for divorce, inheritance and other personal affairs of their Islamic population. And in countries where Islam is the predominant religion, sharia is fully instituted, including laws governing punishment for sin against Allah and Islam - not just divorce, inheritance and personal affairs.
There are also a few countries that outright ban sharia law, or restrict it in some form or another. Sharia law is explicitly banned in Quebec, Canada, upheld by a unanimous vote against it in 2005 by the National Assembly of Quebec, while the province of Ontario allows family law disputes to be arbitrated only under Ontario law. In the United States, various states have outlawed sharia, or passed some form of ballot measure which "prohibits the states courts from considering foreign, international or religious law." As of 2014 these include Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota and Tennessee.
Video Application of Islamic law by country
Definition and scope
Sharia law in this article means the moral code and religious law of Islam. It includes criminal, civil, personal, economic and all aspects of law as revealed in Quran and Hadiths; in its strictest and most historically coherent definition, sharia is considered the infallible law of Allah. The primary sources of sharia are the precepts set forth in the Quranic verses (ayahs), and the example set by the Islamic prophet Muhammad in the Sunnah. The scope of sharia includes Islamic law as interpreted by Islamic judges (qadis) with varying responsibilities for the religious leaders. For questions not directly addressed in the primary sources, sharia includes consensus of the religious scholars (ulama) thought to embody the consensus of the Muslim Community (ijma).
Maps Application of Islamic law by country
Classification
The legal systems of Muslim countries may be grouped as: mixed systems, classical sharia systems, and secular systems.
Classical sharia systems
Classical sharia systems are those where sharia plays a dominant role and is present in most areas of a nation's legal system. Iran, Saudi Arabia and Sudan are examples of classical sharia systems.
Secular systems
Secular systems are those where sharia plays no role in the nation's legal system. Turkey is an example of a Muslim-majority nation with a secular system.
Mixed systems
Mixed systems are those where sharia is not dominant, but plays a significant role in one or more areas of the nation's legal system. This is observed in majority of Muslim nations.
Sharia in the world
Map
Table legend
In addition to the categories above, the table also includes the following categories:
Africa
Americas
Asia
Europe
Territories with limited recognition
Regional variations
See also
- Status of women's testimony in Islam
- Islam and secularism
- Ban on sharia law
References
Source of article : Wikipedia
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