This article is about Islamic religious law. For the fictional character in One Thousand and One Nights see Shahryar. This is a list of characters within the Medieval collection of Middle Eastern Folk tales One Thousand and One Nights.

Sharia (Arabic: شريعة transliteration: Šarīʿah) is the body of Islamic religious law. For other meanings including people named 'Islam' see Islam (disambiguation. Aqidah (sometimes spelled Aqeeda, Aqidah or Aqida) (عقيدة is an Islamic term meaning Creed. Allah ( Arabic: الله, ʔalˤːɑːh) is the standard Arabic word for ' In Islam, God is believed to be the only real supreme being all-powerful and all knowing Creator Sustainer Ordainer and Judge of the universe Islam puts a heavy emphasis IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Muslims regard as Prophets of Islam ( Arabic: نبي) those non-divine humans chosen by Allah as Prophets The Five Pillars of Islam (Arabic أركان الإسلام is the term given to the five duties incumbent on every Muslim. The Shahada ( Arabic: ar الشهادة, from the verb ar شهد "to testify" is the Islamic Creed. Ṣalāt ( Arabic: صلاة‎, pl ṣalawāt, Qur'anic Arabic: صلوة ṣalawah) (also munz in Pashto and Sawm ( Arabic: صوم is an Arabic word for Fasting regulated by Islamic jurisprudence. This is a sub-article of Islamic economical jurisprudence. Zakaat ( زكاة zækæːh zakaat or zakāh, has the implied The Hajj (حج is a pilgrimage to Mecca (Makkah It is the largest annual pilgrimage in the world Muslim history began in Arabia with the Muhammad 's first recitations of the Qur'an in the 7th century Caliph Caliph is the term or title for the Islamic leader of the Ummah, or community of Islam There is much more to Muslim history than its military and political aspects this particular chronology is almost entirely of military and political nature See also Muhammad's wives Ahl al-Bayt ( Arabic:ar أهل البيت is an Arabic phrase literally meaning People of the House, or family In Islam, the Ṣaḥābah (الصحابة "Companions" were the companions of the Islamic prophet Muḥammad. The Rightly Guided Caliphs or The Righteous Caliphs ( ar الخلفاء الراشدون) is a term used in Sunni Islam to refer to the first Imāmah (إمامة is the Shī‘ah doctrine of religious spiritual and political leadership of the Ummah. Qur'an Text Surahs ** Ayah Commentary/Exegesis Tafsir The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Kalām (علم الكلام is the Islamic philosophy of seeking Islamic theological principles through Dialectic. Sufism ( تصوّف - taṣawwuf, Persian: صوفی‌گری sufigari, Turkish: tasavvuf, Urdu: تصوف Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Muslim Culture is a term primarily used in Secular Academia to describe all cultural practices common to historically Islamic peoples The term Muslim world (or Islamic world) has several meanings This is a sub-article to Religious education, Academic discipline, and Islam. This article is about Animals in Islamic thought The Qur'an assigns an inferior status to animals in comparison with humans and has a tendency towards Islamic art encompasses the arts produced from the 7th century onwards by people (not necessarily Muslim) who lived within the territory that was inhabited by culturally The Islamic calendar or Muslim calendar ( Arabic: التقويم الهجري at-taqwīm al-hijrī; Persian: تقویم هجری قمری ‎ The topic of Islam and children includes the rights of children in Islam children's duties towards their parents and parent's rights over their children both males and females Listing of Muslims by country Important note Population counts by religious affiliation like most demographic characteristics of a Population Muslim holidays are mostly based around the life of the Islamic prophet Muhammad, especially the events surrounding the first hearing of the Qur'an. A "mosque" in English refers to all types of buildings dedicated for Islamic worship although there is a distinction in Arabic between the smaller privately owned mosque and the larger Islamic philosophy is a branch of Islamic studies, and is a longstanding attempt to create harmony between Philosophy ( Reason) and the religious teachings See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna Over the centuries of Islamic history, Muslim rulers Islamic scholars, and ordinary Muslims have held many different attitudes towards other religions The historical interaction between Christianity and Islam, in the field of Comparative religion, connects fundamental ideas in Christianity with similar ones in Islam Hinduism and Islam, from the of arrival of the Arabs as far back as the eighth century AD has had a checkered history Islam and Jainism came in close contact with each other following the Islamic conquest from Central Asia and Persia in the seventh The historical interaction of Judaism and Islam started in the 7th century CE with the origin and spread of Islam in the Arabian peninsula. In Islam, Muhammad is the last and final Prophet of God Islam views Jews Christians and Muslims as " People of the Book Arguments critical to religion in general or specific to monotheism such as the Existence of God, are not dealt with here Islamophobia is a Neologism that refers to Prejudice or Discrimination against Islam or Muslims The term itself dates back to the The following list consists of Concepts that are derived from both Islamic and Arab tradition which are expressed as words in the Arabic language. Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Different approaches and methods for the Romanization of Arabic exist For other meanings including people named 'Islam' see Islam (disambiguation. In some Religions law can be thought of as the ordering principle of Reality; Knowledge as revealed by God defining and governing all human affairs The term means "way" or "path to the water source"; it is the legal framework within which the public and private aspects of life are regulated for those living in a legal system based on Islamic principles of jurisprudence and for Muslims living outside the domain. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the A Muslim (مسلم pronounced Muslim, not Muzlim) is an adherent of the Religion Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business, contracts, family, sexuality, hygiene, and social issues. Politics Politics is the process by which groups of people make decisions Economics is the social science that studies the production distribution, and consumption of goods and services. A banker or bank is a Financial institution whose primary activity is to act as a payment agent for customers and to borrow and lend money A business (also called firm or an enterprise) is a legally recognized organizational entity designed to provide goods and/or services to A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Family denotes a group of People affiliated by consanguinity affinity or co-residence Generally speaking human sexuality is how people experience and express themselves as sexual beings Hygiene refers to practices associated with ensuring good health and cleanliness Social issues are matters which directly or indirectly affect many or all members of a Society and are considered to be problems controversies related to Moral values

There is no strictly static set of laws of sharia. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Sharia is more of a system of how law ought to serve humanity, a consensus of the unified spirit, based on the Qur'an (the religious text of Islam), hadith (sayings and doings of Muhammad and his companions), Ijma (consensus), Qiyas (reasoning by analogy) and centuries of debate, interpretation and precedent. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran For other meanings including people named 'Islam' see Islam (disambiguation. Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics In Islam, the Ṣaḥābah (الصحابة "Companions" were the companions of the Islamic prophet Muḥammad. Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial

Before the 19th century, legal theory was considered the domain of the traditional legal schools of thought. Most Sunni Muslims follow Hanafi, Hanbali, Maliki or Shafii, while most Shia Muslims follow the jaafari school of thought and are considered Twelvers. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs Hanbali ( حنبلى) is one of the four schools ( Madhhabs of Fiqh or religious law within Sunni Islam (the other three being The Maliki Madhhab ( Arabic مالكي) is one of the four schools of Fiqh or religious law within Sunni Islam The Shāfi‘ī Madhab ( ar شافعي) is one of the four schools of Fiqh, or religious law within Jaʿfar al-Sadiq (702-765 in accurate transliteration Jaʿfar al-Ṣādiq Arabic: جعفر الصادق in full Jaʿfar ibn Muhammad ibn Ali ibn Husayn See also Shi'a Islam Twelver Shi'ism ( ar اثنا عشرية Ithnāˤashariyyah) is the largest branch of Shi'a branch of Islam ^[1]

Islamic law is now the most widely used religious law, and one of the three most common legal systems of the world alongside common law and civil law. In some Religions law can be thought of as the ordering principle of Reality; Knowledge as revealed by God defining and governing all human affairs The three major legal systems of the world today consist of civil law, Common law and Religious law. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. ^[2] During the Islamic Golden Age, classical Islamic law had a fairly significant influence on the development of common law,^[3] and also influenced the development of several civil law institutions. Institutions are structures and mechanisms of Social order and Cooperation governing the Behavior of a Set of Individuals ^[4]

Etymology

The term sharia itself derives from the verb "shara'a" (Arabic: شرع‎), which according to Abdul Mannan Omar's "Dictionary of the Holy Qur'an" connects to the idea of "system of divine law; way of belief and practice". Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the An academic discipline or field of study is a branch of Knowledge which is taught or Researched at the college or university level This is a sub-article to Religious education, Academic discipline, and Islam. This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law Islamic banking refers to a system of banking or banking activity that is consistent with Islamic law ( Sharia) principles and guided by Islamic economics Riba ( Arabic: ربا rɪbæː means Usury and is forbidden in Islamic economic jurisprudence. Murabaha (accurate transliteration murābaḥa, Arabic مرابحه is defined as a particular kind of sale compliant with Shariah, where the seller expressly mentions Takaful is an Islamic Insurance concept which is grounded in Islamic muamalat (banking transactions observing the rules and regulations of Islamic Sukuk ( Arabic: صكوك plural of صك Sakk "legal instrument deed check" is the Arabic name for a financial Certificate but can be seen This is a sub-article to Islamic economical jurisprudence and Inheritance. See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna This is a sub-article to Islamic politics and a parallel sub-article to Leadership. In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. An Islamic marriage contract is a formal binding contract drawn up by parties involved in marriage proceedings Mahr (مهر also transliterated mehr, meher, or mahrieh) is gift mandatory in Islam given by the groom to Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant Nikāḥu l-Mut‘ah (نكاح المتعة marriage for pleasure) or sigheh, is a time-delimited Marriage contract according to the Usuli This is a sub-article of Islamic marital jurisprudence and Human sexuality. This is a sub-article of Sexuality in Islam. Mutual masturbation Muslim jurists state that Mutual masturbation that culminates in This is a sub-article of Sexuality in Islam and Masturbation. A Talaq ( الطلاق) is the Islamic term for Divorce and is used to end a marriage or Nikāħ (النكاح This is a sub-article of Fiqh and Criminal law. Islamic criminal law (فقه العقوبات is Criminal law in accordance Zina (الزناء in Islam is Extramarital sex and premarital sex Hudud ( Arabic حدود also transliterated hadud, hudood; singular hadd, حد In Islam, maisir or Gambling is forbidden. The Qur'an says of gambling and alcohol The above Quranic verse was retrieved from wikisource This is a sub-article of Islamic jurisprudence and Etiquette. This is a sub-article to Islamic jurisprudence and Sex segregation See also Purdah Islam discourages social interaction In Islamic Sharia legal terminology a mahram ( Arabic محرم also Transliterated mahrim or maharem) is an Many muslims when praying their daily prayers have to say the Salat Ibrahimiya This is a sub-article to Islamic jurisprudence and Islamic theology. In Islamic Legal terminology Baligh or Bulugh (بالغ or بُلوغ refers to a person who has reached maturity or Puberty and has full responsibility Ṣalāt ( Arabic: صلاة‎, pl ṣalawāt, Qur'anic Arabic: صلوة ṣalawah) (also munz in Pashto and Sawm ( Arabic: صوم is an Arabic word for Fasting regulated by Islamic jurisprudence. The Hajj (حج is a pilgrimage to Mecca (Makkah It is the largest annual pilgrimage in the world This is a sub-article to Fiqh and Hygiene Hygiene is a prominent topic in Islam. This is a sub-article to Islamic hygienical jurisprudence and Cleanliness. This article is about Hygiene in Islam. Wudu ( Arabic: الوضوء al-wuḍū', Persian:آبدست ābdast Ghusl (غسل is an Arabic term referring to the full ablution (ritual washing required in Islam for various rituals and prayers This article is about Hygiene in Islam. Tayammum (تيمم refers to the dry Ablution in Islam using sand or dust which may This article is about Hygiene in Islam. The miswak ( miswaak, siwak) is a natural Toothbrush made from the twigs This is a sub-article to Hygiene in Islam, Healthy diet and Food and cooking hygiene. Dhabīḥah (ar ذَبِيْحَة is the prescribed method of Ritual slaughter of all animals excluding fish and most sea-life per Islamic law This is a sub-article to Hygiene in Islam, Healthy diet and Food and cooking hygiene. This is a sub-article to Hygiene in Islam, Healthy diet and Food and cooking hygiene. This is a sub-article to Hygiene in Islam and Toilet The Islamic faith has particular rules regarding personal hygiene when going to the This is a sub-article to Hygiene in Islam. In Islamic law, najis (نجس are things or persons regarded as ritually unclean Islamic military jurisprudence consists of the basic laws governing the conduct of the military aspects of Jihad (also known as "lesser Jihad " This is a sub-article to Islamic military jurisprudence and Prisoner of war Ma malakat aymanukum ("what your right hands possess" The rules and regulations concerning prisoners of war in Islam are covered in manuals of Islamic jurisprudence, based upon Islamic teachings in both the Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language ^{[Qur'an 45:18]}

Legal scholar L. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Ali Khan explains 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. Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam For others, it also includes classical fiqh. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Most encyclopedias define sharia as law based upon the Qur'an, the Sunna, and classical fiqh derived from consensus (ijma) and analogy (qiyas). This definition of sharia inappropriately 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. ^[5]

In the context of Islam

Mainstream Islam distinguishes between fiqh (deep understanding, discernment), which refers to the inferences drawn by scholars, and sharia, which refers to the principles that lie behind the fiqh. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Scholars hope that fiqh (jurisprudence) and sharia (law) are in harmony in any given case, but they cannot be sure. ^[6]

Sharia has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations (for example, the ban against drinking liquor as an intoxicant). It also has certain laws which derived from principles established by Islamic lawyers and judges (mujtahidun). Ijtihad (Arabic اجتهاد is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources

Sources of Islamic law

Main article: Sources of Islamic law

The primary sources of Islamic law are the Qur'an and Sunnah. Various sources of Islamic law are used by Islamic jurisprudence to Elucidate the Sharia, the body of Islamic law Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam

To this, traditional Sunni Muslims add the consensus (ijma) of Muhammad's companions (sahaba) and Islamic jurists (ulema) on certain issues, and drawing analogy from the essence of divine principles and preceding rulings (qiyas). Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam In Islam, the Ṣaḥābah (الصحابة "Companions" were the companions of the Islamic prophet Muḥammad. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared In situations where no concrete rules exist under the sources, law scholars use qiyas — various forms of reasoning, including by analogy. The consensus of the community or people, public interest, and others are also accepted as secondary sources where the first four primary sources allow.

Shi'a Muslims reject this approach. They strongly reject analogy (qiyas) as an easy way to innovations (bid'ah), and also reject consensus (ijma) as having any particular value in its own. In Islam, bid‘ah ( is any type of Innovation. Though innovations in worldly matters are acceptable to an extent innovation within the religion is seen as a sin Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam 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 only deriving their laws (fiqh) from the Qur'an and Sunnah. Imāmah (إمامة is the Shī‘ah doctrine of religious spiritual and political leadership of the Ummah. Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” A re-occurring theme in Shi'a jurisprudence is logic (mantiq),^[7] something Shi'a believe they mention, employ and value to a higher degree than Sunnis do. Logic is the study of the principles of valid demonstration and Inference. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic 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. Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam

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 12 Imams, and the intellect (aql). The practices called Sharia today, however, also have roots in local customs (al-urf). Urf العرف is an Arabic Islamic term referring to the custom or 'knowledge' of a given society leading to change in the Fiqh فقه (Islamic

Islamic jurisprudence

Main article: Fiqh

Islamic jurisprudence is called fiqh and is divided into two parts:

• Usul al-fiqh (أصول الفقه) — roots of the law: the study of the sources and methodology
• Furu' al-fiqh (فروع الفقه) — branches of the law: the practical rules

The comprehensive nature of Sharia law is due to the belief that the law must provide all that is necessary for a person's spiritual and physical well-being. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature All possible actions of a Muslim are divided (in principle) into five categories:

• obligatory
• meritorious
• permissible
• reprehensible
• forbidden

Classical Islamic law

The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory. ^[8] 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 ar-Risālah. TemplateInfobox Muslim scholars --> Al-Shafi'i, Arabic Jurist (150 AH/767 AD - 204 AH/820 AD 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. Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared ^[9]

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. Institutions are structures and mechanisms of Social order and Cooperation governing the Behavior of a Set of Individuals ^{[3][4][10][11]}

Origins

At the heart of Islamic law lies the teachings of God and the acts and sayings of His Prophet, Muhammad;^[12] therefore, sharia, Islamic law, is founded on the Qur'an and the Sunnah. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. God is the principal or sole Deity in Religions and other belief systems that worship one deity. In Religion, a prophet (or prophetess) is a person who has encountered the Supernatural or the divine and serves as an intermediary IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” However, sharia was not fully developed at the time of Muhammad's death, but rather it evolved around the Muslim community or Ummah through which it would serve. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics A Muslim (مسلم pronounced Muslim, not Muzlim) is an adherent of the Religion Ummah (أمة is an Arabic word meaning Community or Nation. It is commonly used to mean either the collective nation of states, or (in the

When sharia began its formation in the deserts of Arabia about 1,400 years ago, the time Islam was born,^[13] a sense of community did not exist. The Arabian Peninsula (in Arabic: شبه الجزيرة العربية šibh al-jazīra al-ʻarabīya or جزيرة العرب jazīrat al-ʻarab) For other meanings including people named 'Islam' see Islam (disambiguation. Life in the desert was nomadic and tribal, thus the only factor that tied people together into various tribes was through common ancestry. Nomadic people, (from the νομάδες nomádes, "those who let pasture herds" also known as nomads, are communities of people that A tribe, viewed historically or developmentally consists of a Social group existing before the development of or outside of States Many anthropologists use ^[12] However, the nature of Islam challenged that ideology and brought all those who professed their submission to Islam into the Ummah. For other meanings including people named 'Islam' see Islam (disambiguation. For other meanings including people named 'Islam' see Islam (disambiguation. Ummah (أمة is an Arabic word meaning Community or Nation. It is commonly used to mean either the collective nation of states, or (in the Additionally, Islam was not just a religion but a way of life and being that it transformed those who were once enemies into neighbors laws had to be instilled and so the doctrines of sharia took root. For other meanings including people named 'Islam' see Islam (disambiguation. A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos All who are Muslim are judged by sharia^[14] – no matter the location or the culture. A Muslim (مسلم pronounced Muslim, not Muzlim) is an adherent of the Religion

However, people do not change overnight nor do their habits of everyday life – sharia was indeed guided through its development by lifestyles of the tribes in which was initially absorbed into Islam. For other meanings including people named 'Islam' see Islam (disambiguation. Thus, through the understandings of the tribe, Islamic law would be a law of the community – for the community by the community – even if initially proposed by an individual “for they could not form part of the tribal law unless and until they were generally accepted as such. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. ”^[12] Additionally, Noel James Coulson, Lecturer in Islamic Law of the University of London, states that “to the tribe as a whole belonged the power to determine the standards by which its members should live. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. But here the tribe is conceived not merely as the group of its present representatives but as a historical entity embracing past, present, and future generations. ”^[12] So, while “each and every law must be rooted in either the Quran or the Sunna,”^[15] without contradiction, tribal life bought about a sense of participation. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Such participation is further reinforced by Muhammad who stated, “My community will never agree in error”^[16] and thus, later recorded as a hadith. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic

After the death of Muhammad sharia continued to undergo fundamental changes, beginning with the reigns of caliphs Abu Bakr (632-34) and Umar (634-44) in which many decision making matters were brought to the attention of the Prophet's closest comrades for consultation. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics A caliphate (from the Arabic خلافة or khilāfa) is the political leadership of the Muslim community in classical and medieval Islamic history Early life Abu Bakr was born at Mecca some time in the year 573 CE, in the Banu Taym branch of the Quraysh tribe Umar (a=عمر بن الخطاب|t=`Umar ibn al-Khattāb c 581-83 CE &ndash 7 November, 644) also known as Umar the Great or Omar the Great In Religion, a prophet (or prophetess) is a person who has encountered the Supernatural or the divine and serves as an intermediary ^[17] In AD 662, during the reign of Mu'awiya b. Mu'awiyah I (a=معاوية بن أبي سفيان|t=Mu‘āwīyah ibn Abī Sufyān 602-680 was a Sahaba (companion of the Islamic prophet, Muhammad Abu Sufyan, life ceased to be nomadic and undertook an urban transformation which in turn created matters not originally covered by Islamic law. For the son of Harith see Abu Sufyan ibn al-Harith. Sakhr ibn Harb (صخر بن حرب more commonly known as Abu Sufyan (560-650 Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. ^[17] Each and every gain, loss, and turn of Islamic society has played an active role in developing sharia which branches out into fiqh and Qanun respectively. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the See also Kanun (disambiguation. Qanun ( قانون) refers to laws promulgated by Muslim sovereigns in particular the Ottoman Sultans

Comparisons with common law

The methodology of legal precedent and reasoning by analogy (Qiyas) used in Islamic law was similar to that of the common law legal system. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial Reasoning is the cognitive process of looking for Reasons for beliefs conclusions actions or feelings Analogy is both the cognitive process of transferring Information from a particular subject (the analogue or source to another particular subject (the target and In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive ^[10] According to Justice Gamal Moursi Badr, Islamic law is like common law in that it "is not a written law" and the "provisions of Islamic law are to be sought first and foremost in the teachings of the authoritative jurists" (Ulema), hence Islamic law may "be called a lawyer's law if common law is a judge's law. JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person A judge, or justice, is an Official who presides over a Court of law "^[4]

Influence on English common law

It has been suggested that several fundamental English common law institutions may have been derived or adapted from similar legal instututions in Islamic law and jurisprudence, and introduced to England after the Norman conquest of England by the Normans, who conquered and inherited the Islamic legal administration of the Emirate of Sicily, and also by Crusaders during the Crusades. English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Institutions are structures and mechanisms of Social order and Cooperation governing the Behavior of a Set of Individuals The Normans were the people who gave their names to Normandy, a region in northern France. The Emirate of Sicily was an Islamic state on the island of Sicily from 965 to 1072. The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents

According to Professor John Makdisi, the "royal English contract protected by the action of debt is identified with the Islamic Aqd, the English assize of novel disseisin is identified with the Islamic Istihqaq, and the English jury is identified with the Islamic Lafif. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Debt is that which is owed usually referencing Assets owed but the term can cover other obligations In English law, the Assize of novel disseisin ("recent dispossession" was an action to recover lands of which the plaintiff had been disseised or dispossessed A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them "^[3] The Islamic Hawala institution also influenced the development of the agency institution in English common law. Hawala (also known as hundi) is an Informal value transfer system based on performance and honor of a huge network of money brokers which are primarily located in Agency is an area of Commercial law dealing with a Contractual or Quasi-contractual Tripartite set of relationships when an Agent ^[4] Other English legal institutions such as "the scholastic method, the license to teach," the "law schools known as Inns of Court in England and Madrasas in Islam" and the "European commenda" (Islamic Qirad) may have also originated from Islamic law. Scholasticism was the dominant form of theology and philosophy in the Latin West in the Middle Ages, particularly in the 12th 13th and 14th centuries The verb license or grant license means to give permission The noun license is the document demonstrating that permission Education encompasses both the Teaching and Learning of Knowledge, proper conduct, and technical competency A law school (also known as a school of law or college of law) is an institution specializing in Legal education. The Inns of Court in London are the professional associations to one of which every barrister in England and Wales (and those judges who were formerly barristers "Madrasa" and "Medrese" redirect here For the village in Azerbaijan see Mədrəsə. A limited partnership is a form of Partnership similar to a General partnership, except that in addition to one or more general partners (GPs there are The qirad was one of the basic financial instruments of the medieval Islamic world. These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole". ^[3]

The Waqf in Islamic law, which developed during the 7th-9th centuries, bears a notable resemblance to the trusts in the English trust law. A waqf ( plural, awqāf; vakıf wæqəf is an inalienable religious endowment in Islam, typically devoting a building or plot of land for Muslim A charitable trust is a trust established for charitable purposes and is a more specific term than " charitable organisation " In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations ^[18] For example, every Waqf was required to have a waqif (founder), mutawillis (trustee), qadi (judge) and beneficiaries. Qadi (also known as Qazi or Kazi or Kadi) (قاضي is a judge ruling in accordance with the Sharia, Islamic religious law ^[19] Under both a Waqf and a trust, "property is reserved, and its usufruct appropriated, for the benefit of specific individuals, or for a general charitable purpose; the corpus becomes inalienable; estates for life in favor of successive beneficiaries can be created" and "without regard to the law of inheritance or the rights of the heirs; and continuity is secured by the successive appointment of trustees or mutawillis. Usufruct is the legal right to use and derive profit or benefit from Property that belongs to another person as long as the property is not damaged The definition of charitable organization, and of charity varies according to the country and in some instances the region of the country in which the charitable organization operates An estate is the Net worth of a person at any point in time It is the sum of a person's Assets - legal rights interests and entitlements to Property of "Heir" and "Heiress" redirect here For the men and women fragrances endorsed by Paris Hilton see Heiress (fragrance. "^[20] The trust law developed in England at the time of the Crusades, during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the Waqf institutions they came across in the Middle East. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents The Middle East is a Subcontinent with no clear boundaries often used as a synonym to Near East, in opposition to Far East. ^[21][22] The introduction of the trust, or "use" was primarily motivated by the need to avoid medieval inheritance taxes. By transferring legal title to a third party, there was no need to pay feudal dues on the death of the father. In those times, it was common for an underage child to lose many of his rights to his feudal overlord if he succeeded before he came of age.

The precursor to the English jury trial was the Lafif trial in classical Maliki jurisprudence, which was developed between the 8th and 11th centuries in North Africa and Islamic Sicily, and shares a number of similarities with the later jury trials in English common law. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them The Maliki Madhhab ( Arabic مالكي) is one of the four schools of Fiqh or religious law within Sunni Islam North Africa or Northern Africa is the Northernmost Region of the African Continent, separated by the Sahara from Sub-Saharan The Islamic conquest and rule of Sicily, Malta, and parts of Southern Italy was a process whose origin can be traced back through the general Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Like the English jury, the Islamic Lafif was a body of twelve members drawn from the neighbourhood and sworn to tell the truth, who were bound to give a unanimous verdict, about matters "which they had personally seen or heard, binding on the judge, to settle the truth concerning facts in a case, between ordinary people, and obtained as of right by the plaintiff. A neighbourhood or neighborhood (see spelling differences) is a geographically localised Community within a larger City, Town or In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge Qadi (also known as Qazi or Kazi or Kadi) (قاضي is a judge ruling in accordance with the Sharia, Islamic religious law A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit " The only characteristic of the English jury which the Islamic Lafif lacked was the "judicial writ directing the jury to be summoned and directing the bailiff to hear its recognition. In Law, a writ is a formal written order issued by a body with administrative or judicial Jurisdiction. Bailiff (from Late Latin baiulivus, Adjectival form of baiulus) is a Governor or Custodian (cf " According to Professor John Makdisi, "no other institution in any legal institution studied to date shares all of these characteristics with the English jury. " It is thus likely that the concept of the Lafif may have been introduced to England by the Normans and then evolved into the modern English jury. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The Normans were the people who gave their names to Normandy, a region in northern France. ^[3]

The precursor to the English assize of novel disseisin was the Islamic Istihqaq, an action "for the recovery of usurped land", in contrast to the previous Roman law which "emphasized possession in resolving such disputes. In English law, the Assize of novel disseisin ("recent dispossession" was an action to recover lands of which the plaintiff had been disseised or dispossessed "Usurp" redirects here You might be also looking for WikipediaChanging username/Usurpations. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting In law possession is the control a person intentionally exercises toward a thing " The "assize of novel disseisin broke with this tradition and emphasized ownership, as is found in the Islamic law of Istihqaq. Ownership is the state or fact of exclusive rights and control over Property, which may be an object, land/real estate, Intellectual property "^[23] Islamic law also introduced the notion of allowing an accused suspect or defendant to have an agent or lawyer, known as a wakil, handle his/her defense. In the Parlance of Criminal justice, a suspect is a known person suspected of committing a Crime. A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff For other uses of the word Agent see Agent (disambiguation This is correct An Agent in Commercial Law is a person who is authorised A lawyer, according to Black's Law Dictionary, is "a person learned in the law as an attorney, Counsel or Solicitor; a person This was in contrast to early English common law, which "used lawyers to prosecute but the accused were left to handle their defense themselves. " The English Parliament did not allow those accused of treason the right to retain lawyers until 1695, and for those accused of other felonies until 1836. TalkParliament#Screen-size. -->A  parliament is a Legislature, especially in those In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. ^[24]

Islamic jurists formulated early contract laws which introduced the application of formal rationality, legal rationality, legal logic (see Logic in Islamic philosophy) and legal reasoning in the use of contracts. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Rationality as a term is related to the idea of Reason, a word which following Webster's may be derived as much from older terms referring to Rational-legal authority (also known as rational authority, legal authority, rational domination, legal domination, or bureaucratic Logic is the study of the principles of valid demonstration and Inference. Logic ( Arabic: Mantiq) played an important role in Early Islamic philosophy. Reasoning is the cognitive process of looking for Reasons for beliefs conclusions actions or feelings ^[25] Islamic jurists also introduced the concepts of recession (Iqalah), frustration of purpose (istihalah al-tanfidh or "impossibility of performance"), Act of God (Afat Samawiyah or "Misfortune from Heaven") and force majeure in the law of contracts. A recession is a contraction phase of the Business cycle. The U In the Law of Contracts frustration of purpose is a defense to enforcement of the contract Act of God is a legal term for events outside of human control such as sudden Floods or other Natural disasters for which no one can be held responsible Force Majeure ( French for "superior force" is a common clause in Contracts which essentially frees both parties from Liability ^[26] However, recission, frustration and other core concepts in the law of contract are relatively recent introductions into the Law of England, dating back to the Victorian period. Early case law indicates that it was impossible to rescind a contract for frustration even where performance became impossible.

Other possible influences of Islamic law on English common law include the concepts of a passive judge, impartial judge, res judicata, the judge as a blank slate, individual self-definition, justice rather than morality, the law above the state, individualism, freedom of contract, privilege against self-incrimination, fairness over truth, individual autonomy, untrained and transitory decision making, overlap in testimonial and adjudicative tasks, appeal, dissent, day in court, prosecution for perjury, oral testimony, and the judge as a moderator, supervisor, announcer and enforcer rather than an adjudicator. A judge, or justice, is an Official who presides over a Court of law Impartiality is a principle of Justice holding that decisions should be based on objective criteria, rather than on the basis of Bias, Prejudice Res judicata or res iudicata ( Latin for "a matter judged" is in both civil law and Common law legal systems Tabula rasa ( Latin: blank slate) refers to the epistemological thesis that individual human beings are born with no built-in mental content As commonly used, individual refers to a Person or to any specific object in a collection A definition is a statement of the meaning of a Word or Phrase. JUSTICE is a Human rights and law reform organisation based in the United Kingdom. Morality (from the Latin la moralitas "manner character proper behavior" has three principal meanings Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Freedom of contract or contractualism is the idea that individuals should be free to bargain among themselves the terms of their own contracts without government interference A privilege &mdashetymologically "private law" or law relating to a specific individual&mdashis a special Entitlement or immunity granted by a government Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where The meaning of the word truth extends from Honesty, Good faith, and Sincerity in general to agreement with Fact or Reality Autonomy ( Greek: Auto- Nomos - nomos meaning "law" one who gives oneself his/her own Law) is the right to Self-government Decision making can be regarded as an outcome of mental processes ( cognitive process) leading to the selection of a course of action among several alternatives For the use of the term testimonial in sport (especially Football) see Testimonial match. Adjudication is the legal process by which an arbiter or Judge reviews evidence and argumentation including legal Reasoning In Law, an appeal is a process for requesting a formal change to an official decision Dissent is a sentiment or philosophy of non-agreement or Opposition to an Idea (eg Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her The prosecutor is the chief legal representative of the prosecution in countries with either the Common law Adversarial system, or the civil law Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a "Testify" redirects here For other uses see Testify (disambiguation and Testimony (disambiguation. In Politics and Religion, a moderate is an individual who holds an intermediate position between two viewpoints neither to be extreme or radical by those applying A supervisor, foreman foreperson team leader overseer cell coach facilitator or area coordinator is a manager in business An announcer is a Voice actor who works in Television, Radio or Film, usually providing Narrations News updates Station Police are agents or agencies usually of the executive, empowered to enforce the law and to effect public and social order through the legitimatized use of force An adjudicator is someone who presides Judges and arbitrates during a formal dispute ^[27]

Comparison with law in the United States

Similarities between Islamic law and the common law of the United States have also been noted, particularly in regards to Constitutional law. The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary Constitutional law is the study of foundational or basic Laws of nation states and other political organizations According to Sameer S. Vohra, the United States Constitution is similar to the Qur’an in that the Constitution is "the supreme law of the land and the basis from which the laws of the legislature originate. The Constitution of the United States of America is the supreme Law of the United States. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran A legislature is a type of representative Deliberative assembly with the power to create amend and change Laws The law created by a legislature is called Legislation "^[28] According to Asifa Quraishi, the methods used in the judicial interpretation of the Constitution are similar to that of the Qur'an, including the methods of "plain meaning literalism, historical understanding “originalism,” and reference to underlying purpose and spirit. Judicial interpretation is a theory or mode of thought that explains how the Judiciary should interpret the Law, particularly Constitutional documents Textualism is a formalist theory of statutory interpretation which holds that a Statute 's ordinary meaning should govern its interpretation as opposed to inquiries "^[29] Vohra further notes that the legislature is similar to the Sunnah in that the "legislature takes the framework of the Constitution and makes directives that involve the specific day-to-day situations of its citizens. Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” "^[28] He also writes that the judicial decision-making process is similar to the qiyas and ijma methods in that judicial decision-making is "a means by which the law is applied to individual disputes", that "words of the Constitution or of statutes do not specifically address all the possible situations to which they may apply" and that "at times, it requires the judiciary to either use the consensus of previous decisions or reason by analogy to find the correct principle to resolve the dispute. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Consensus has two common meanings One is a general agreement among the members of a given group or Community, each of which exercises some discretion in Reason involves the ability to think understand and draw Conclusions in an Abstract way as in Human thinking Analogy is both the cognitive process of transferring Information from a particular subject (the analogue or source to another particular subject (the target and "^[30]

The earliest known lawsuits may also date back to Islamic law. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy There was a hadith tradition which reported that the Caliph Uthman Ibn Affan (580-656) attempted to sue a Jewish subject for recovery of a suit of armour, but his case was unsuccessful due to a lack of competent witnesses. Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic Early life Uthman was born in Ta’if, which is situated on a hill and the presumption is that Uthman was born during the summer months since wealthy Meccans PLEASE TAKE NOTE************ A witness is someone who has firsthand knowledge about a Crime or dramatic event through their Senses (e ^[31] The concept of a lawsuit was also described in the Ethics of the Physician by Ishaq bin Ali al-Rahwi (854–931) of al-Raha, Syria, as part of an early medical peer review process, where the notes of a practicing Islamic physician were reviewed by peers and he/she could be sued by a maltreated patient if the reviews were negative. Syria ( سوريّة or) officially the Syrian Arab Republic (Arabic ar الجمهورية العربية السورية Medical peer review is the process by which a committee of physicians examines the work of a peer and determines whether the physician under review has met accepted standards of care in ^[32]

The earliest known prohibition of illegal drugs occurred under Islamic law, which prohibited the use of Hashish, a preparation of cannabis, as a recreational drug. The prohibition of drugs through sumptuary Legislation or Religious law is a common means of attempting to control Drug use and the The illegal drug trade or drug trafficking is a global Black market consisting of the cultivation manufacture distribution and sale of illegal Drugs Hashish (from Arabic: ar حشيش, lit "grass" also hash) is a preparation of cannabis composed of the compressed Cannabis, also known as marijuana or marihuana, or ganja (from Hindi / Sanskrit: गांजा gānjā hemp) is a Recreational drug use is the use of Psychoactive drugs for Recreational purposes rather than for work, medical or spiritual purposes Classical jurists in medieval Islamic jurisprudence, however, accepted the use of the Hashish drug for medicinal and therapeutic purposes, and agreed that its "medical use, even if it leads to mental derangement, remains exempt" from punishment. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the A drug, broadly speaking is any chemical substance that when absorbed into the body In the 14th century, the Islamic jurist Az-Zarkashi spoke of "the permissibility of its use for medical purposes if it is established that it is beneficial. "^[33] According to Mary Lynn Mathre, with "this legal distinction between the intoxicant and the medical uses of cannabis, medieval Muslim theologians were far ahead of present-day American law. A psychoactive drug or psychotropic substance is a Chemical substance that acts primarily upon the Central nervous system where it alters Brain Kalām (علم الكلام is the Islamic philosophy of seeking Islamic theological principles through Dialectic. "^[34]

Other similarities

Precursors to common law concepts in property law were found in classical Islamic property law, including the concepts of leasehold (including duty to take and keep in possession and holdover tenancy), joint ownership (including partition, pledge, bailment, lost property, license and trespass), acquisition (including intestate succession), duress (Ikrah), transfer by sale (including contract formation, meeting of the minds, declaration, duress and risk of loss), transfer by gift, rights and restrictions on transfers (including restraint on alienation, appurtenance, fixture, preemption, mortgage and water rights), will (including entitlement to shares, revocation, ademption, lapse, abatement and ambiguity), attacks on ownership (including concepts of theft, robbery, usurpation, nuisance, and defense of necessity), and causation (including remote consequences, intervening human cause, concurrent cause and uncertain cause). Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions Leasehold is a form of property tenure where one party buys the right to occupy land or a building for a given length of time Duty (from "due" that which is owing O Fr deu did past participle of devoir Lat In law possession is the control a person intentionally exercises toward a thing A partition is a term used in the Law of Real property to describe an act by a Court order or otherwise to divide up a Concurrent estate into In Law a pledge (also pawn) is a Bailment of Personal property as a security for some Debt or engagement The term is also used to Bailment describes a legal relationship in Common law where physical possession of personal Property ( Chattels) is transferred from one person (the A lost and found ( American English and Canadian English) lost property ( British English) or lost articles (also Canadian English The verb license or grant license means to give permission The noun license is the document demonstrating that permission Trespass (Fr trespas a crime properly a stepping across from Lat Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a Duress in the context of contract law is a Common law defense and if one is successful in proving that the contract is vitiated by duress the contract may be rescinded since A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Meeting of the minds (also referred to as mutual assent or consensus ad idem) is a phrase in contract law used to describe the intentions of the parties In law a declaration ordinarily refers to a Judgment of the court or an award of an arbitration tribunal is a binding adjudication of the rights or other legal relations For English law on the criminal defence see Duress in English law. Risk of loss is a term used in the Law of Contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed A gift, in the Law of Property, has a very specific meaning In order for a Gift to be legally effective the grantor must have intended to give the gift A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics A restraint on alienation, in the Law of Real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling Appurtenances (from late Latin appertinentia, from appertinere, "to appertain" is a legal term for what belongs to and goes with something else In the law of real property fixtures are anything that would otherwise be a Chattel that have by reason of incorporation or affixation become permanently attached to This article is about the relationship of federal law to state law in the United States A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. This article discusses water usage laws in common law. For a discussion of the right to water as a human right under international law, see Right In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property Entitlement is a guarantee of access to benefits because of rights or by agreement through Law. In financial markets, a share is a Unit of account for various financial instruments including Stocks Mutual funds Limited partnerships In law revocation is a type of remedy for buyers when the buyer accepts a nonconforming good from the seller Ademption is a term used in the Law of wills to determine what happens when property bequeathed under a will is no longer in the Testator 's estate when Lapse and anti-lapse are complementary concepts under the Law of wills, which address the disposition of property that is willed to someone who dies before Abatement of debts and legacies is a Common law doctrine of wills that holds that when the equitable Assets of a deceased person are not sufficient Ambiguity (Am-big-u-i-ty is the property of being ambiguous, where a Word, term notation sign Symbol, Phrase, sentence, or any Ownership is the state or fact of exclusive rights and control over Property, which may be an object, land/real estate, Intellectual property In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given Robbery is the Crime of seizing Property through Violence or Intimidation. "Usurp" redirects here You might be also looking for WikipediaChanging username/Usurpations. Nuisance (through Fr noisance nuisance from Lat nocere to hurt is a Common law Tort. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Causation is the "causal relationship between conduct and result In the English law of Negligence, the test of causation not only requires that the defendant was the cause in fact but also requires that the loss or damage sustained In law intervention is a procedure to allow nonparties to join ongoing Litigation, either as a matter of right or at the discretion of the court without the permission In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence Many of these concepts were summarized in Islamic juristic texts, including the Hidayah by the Hanafi jurist al-Marghilani, the Minhaj al-Talibin by the Shafi`i jurist Yahya ibn Sharaf al-Nawawi, the Mukhtasar by the Maliki jurist Khalil ibn Ishaq al-Jundi, the Fatawa-e-Alamgiri by Hanafi jurists, and the Kasani. Hidayah ( هداية) is the Arabic word for present or gift. The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs The Shāfi‘ī Madhab ( ar شافعي) is one of the four schools of Fiqh, or religious law within Abu Zakaria Mohiuddin Yahya Ibn Sharaf al-Nawawi (1234 - 1278 ( Arabic:أبو زكريا يحيى بن شرف النووي popularly known as al-Nawawi, Mukhtaṣar ( Arabic:المختصر in Islamic law, refers to a concise handbook of Legal treatises characterized by neatness and clarity The Maliki Madhhab ( Arabic مالكي) is one of the four schools of Fiqh or religious law within Sunni Islam Khalil ibn Ishaq al-Jundi (d circa 1365) was an Egyptian jurisprudent in Maliki Islamic law who taught in Medina and Cairo Fatawa-e-Alamgiri (also known as Al-Fatawa-i-Hindiya in Turkey Egypt and Syria is a compilation of law created at instance of the Mughal Emperor Aurangzeb (who was The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs ^[11]

While some see the Islamic concept of Istihsan as being equivalent to the concept of equity in English law, others see it as being equivalent to the "reasoned distinction of precedent" in American law, in which case Istihsan may be referred to as the "reasoned distinction of qiyas (reasoning by analogy)". Istihsan (استحسان is an Arabic term for juristic "preference" Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the Reason involves the ability to think understand and draw Conclusions in an Abstract way as in Human thinking In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared John Makdisi writes:^[35]

Other precursors to common law concepts are found in classical Islamic law and jurisprudence, including advocacy,^[36] ratio decidendi (illah),^[37] arbitrary decision-making, legal opinion, discretion,^[38] public policy (Istislah and Maslaha),^[38][11] freedom of religion, equal protection, reasoning by analogy and distinction, and consensus and precedent. Advocacy Advocacy is the pursuit of influencing outcomes –including public-policy and resource allocation decisions within political economic and social systems Ratio decidendi (plural rationes decidendi is a Latin phrase meaning "the reason (or ratio nale for the decision For the concept of arbitrariness in trademark law see Trademark distinctiveness. In Law, (particularly in North America an opinion (also called consilia) is usually a written explanation by a judge that accompanies their ruling Discretion is a Noun in the English language Meanings The word has two main meanings to determine guilt or innocence to determine A policy is a deliberate plan of action to guide decisions and achieve rational outcome(s Istislah (Arabic استصلاح "to deem proper" is a method employed by Muslim jurists to solve perplexing problems that find no clear answer in sacred religious Maslaha (Arabic ar مصلحة 'public interest' is a concept in traditional Islamic Law. Freedom of religion is the freedom of an individual or community in public or private to manifest religion or belief in teaching practice worship and observance The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person Analogy is both the cognitive process of transferring Information from a particular subject (the analogue or source to another particular subject (the target and Distinction is a principle under International humanitarian law governing the legal use of force in an armed conflict Consensus has two common meanings One is a general agreement among the members of a given group or Community, each of which exercises some discretion in In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial ^[11]

Influence on civil law

One of the institutions developed by classical Islamic jurists which 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. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Hawala (also known as hundi) is an Informal value transfer system based on performance and honor of a huge network of money brokers which are primarily located in An informal value transfer system (IVTS refers to any system mechanism or network of people that receives Money for the purpose of making the funds or an equivalent value Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Hawala itself later influenced the development of the Aval in French civil law and the Avallo in Italian law. Aval or Endorsement is a shared-in-common commitment of Payment of an obligation in favor of the creditor or Beneficiary, granted by a third In academic terms French law can be divided into two main categories private law (" droit privé " and public law (" droit public " Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest ^[4] 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. A limited partnership is a form of Partnership similar to a General partnership, except that in addition to one or more general partners (GPs there are The qirad was one of the basic financial instruments of the medieval Islamic world. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Res judicata or res iudicata ( Latin for "a matter judged" is in both civil law and Common law legal systems ^[3]

The transfer of debt, which was not permissible under Roman law but is practiced in modern civil law, may also have origins in Islamic law. A balance transfer is the act of transferring debt from one Credit card to another assuming the newer card has better terms and rates Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting ^[39] The concept of an agency was also an "institution unknown to Roman law", where it was not possible for an individual to "conclude a binding contract on behalf of another as his agent. Agency is an area of Commercial law dealing with a Contractual or Quasi-contractual Tripartite set of relationships when an Agent A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law For other uses of the word Agent see Agent (disambiguation This is correct An Agent in Commercial Law is a person who is authorised " The concept of an agency was introduced by Islamic jurists, and thus the civil law conception of agency may also have origins in Islamic law. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several ^[40] The Siete Partidas of Alfonso X, which was regarded as a "monument of legal science" in the civil law tradition, was also influenced by the Islamic legal treatise Villiyet written in Islamic Spain. The Siete Partidas (Seven-Part Code or simply Partidas was a Castilian statutory code first compiled during the reign of Alfonso X of Castile Alfonso X (November 23 1221 Toledo Spain &ndash April 4 1284 Seville Spain) was a Spanish monarch who ruled as the King of Castile, Legal Science is one of the Social sciences which deals with the Institutions and Principles that particular Societies have developed Al-Andalus (الأندلس was the Arabic name given to those parts of the Iberian Peninsula governed by Muslims or ^[41][42]

Islamic law also introduced "two fundamental principles to the West, on which were to later stand the future structure of law: equity and good faith", which was a precursor to the concept of pacta sunt servanda in civil law and international law. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where Pacta sunt servanda ( Latin for "agreements must be kept" is a Brocard, a basic principle of civil law and of International law Another influence of Islamic law on the civil law tradition was the presumption of innocence, which was introduced to Europe by Louis IX of France soon after he returned from Palestine during the Crusades. The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has Palestine is a name which has been widely used since Roman times to refer to the region between the Mediterranean Sea and the Jordan River. The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents Prior to this, European legal procedure consisted of either trial by combat or trial by ordeal. Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of In contrast, Islamic law was based on the presumption of innocence from its beginning, as declared by the Caliph Umar in the 7th century:^[41]

"Only decide on the basis of proof, be kind to the weak so that they can express themselves freely and without fear, deal on an equal footing with litigants by trying to reconcile them. Umar (a=عمر بن الخطاب|t=`Umar ibn al-Khattāb c 581-83 CE &ndash 7 November, 644) also known as Umar the Great or Omar the Great The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy "

The concept of Ombudsmen was derived from the example of the second Muslim Caliph, Umar (634-644) and the concept of Qadi al-Qadat (developed in the Muslim world), which influenced the Swedish King, Charles XII. An ombudsman ( English plural conventionally ombudsmen) is an official usually (but not always appointed by the government or by parliament who is charged with Umar (a=عمر بن الخطاب|t=`Umar ibn al-Khattāb c 581-83 CE &ndash 7 November, 644) also known as Umar the Great or Omar the Great Qadi (also known as Qazi or Kazi or Kadi) (قاضي is a judge ruling in accordance with the Sharia, Islamic religious law In 1713, fresh from self-exile in Turkey, Charles XII created the Office of Supreme Ombudsman, which soon became the Chancellor of Justice. Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches In some countries the Chancellor of Justice is a government official responsible for supervising the lawfulness of government actions ^[43]

Influence on international law

See also: Islamic Jurisprudence: An International Perspective, Islamic economics in the world, Islamic military jurisprudence, and Prisoners of war in Islam

The first treatise on international law (Siyar in Arabic) was the Introduction to the Law of Nations written at the end of the 8th century by Mohammed bin Hassan al-Shaybani^[44] (d. Islamic Jurisprudence An International Perspective is a 1988/1996 book by Judge Christopher G This is a sub-article of Islamic economic jurisprudence and Muslim world. Islamic military jurisprudence consists of the basic laws governing the conduct of the military aspects of Jihad (also known as "lesser Jihad " The rules and regulations concerning prisoners of war in Islam are covered in manuals of Islamic jurisprudence, based upon Islamic teachings in both the International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards 804), an Islamic jurist of the Hanafi school,^[45] eight centuries before Hugo Grotius wrote the first European treatise on the subject. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs Hugo Grotius or Huig de Groot, or Hugo de Groot; ( Delft, 10 April 1583 Rostock, 28 August 1645 Al-Shaybani wrote a second more advanced treatise on the subject, and other jurists soon followed with a number of other multi-volume treatises written on international law during the Islamic Golden Age. ^[44] They dealt with both public international law as well as private international law. Public international law concerns the structure and conduct of States and Intergovernmental organizations. Conflict of laws (or private international law) is that branch of International law and intranational interstate law that regulates all Lawsuits involving ^[46]

These early Islamic legal treatises covered the application of Islamic ethics, Islamic economic jurisprudence and Islamic military jurisprudence to international law,^[45] and were concerned with a number of modern international law topics, including the law of treaties; the treatment of diplomats, hostages, refugees and prisoners of war; the right of asylum; conduct on the battlefield; protection of women, children and non-combatant civilians; contracts across the lines of battle; the use of poisonous weapons; and devastation of enemy territory. Islamic ethics ( akhlāq) defined as "good character" historically took shape gradually from the 7th century and was finally established by the 11th This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law Islamic military jurisprudence consists of the basic laws governing the conduct of the military aspects of Jihad (also known as "lesser Jihad " The law of treaties is that part of International law which deals with legally binding agreements between states generally referred to as treaties. Diplomacy is the art and practice of conducting Negotiations between representatives of groups or states A hostage is a person or entity which is held by a captor The original definition meant that this was handed over by one of two belligerent parties to the other or seized as security According to the 1951 Convention Relating to the Status of Refugees, a refugee is a person who owing to a well-founded fear of being persecuted for reasons of race Right of asylum (or political asylum) is an ancient Judicial notion under which a person persecuted for political opinions or religious beliefs in his The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war Non-combatant is a military and legal term describing Civilians not engaged in combat A civilian under International humanitarian law is a person who is not a member of his or her Country 's Armed forces. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law In the context of Biology, poisons are substances that can cause damage, Illness, or Death to Organisms usually by ^[44] The Umayyad and Abbasid Caliphs were also in continuous diplomatic negotiations with the Byzantine Empire on matters such as peace treaties, the exchange of prisoners of war, and payment of ransoms and tributes. For Wikipedia's negotiation policy see WikipediaNegotiation. For other uses see Negotiation (disambiguation. A peace treaty is an agreement between two hostile parties usually countries or governments that formally ends an armed conflict Ransom is the practice of holding a prisoner to extort money or property to secure their release or it can refer to the sum of money involved A tribute (from Latin tribulum, contribution is wealth one party gives to another as a sign of respect or as was often case in historical contexts of submission ^[47]

After Sultan al-Kamil defeated the Franks during the Crusades, Oliverus Scholasticus praised the Islamic laws of war, commenting on how al-Kamil supplied the defeated Frankish army with food:^[44]

"Who could doubt that such goodness, friendship and charity come from God? Men whose parents, sons and daughters, brothers and sisters, had died in agony at our hands, whose lands we took, whom we drove naked from their homes, revived us with their own food when we were dying of hunger and showered us with kindness even when we were in their power. Al-Kamil (الكامل ( epithet: al-Malik al-Kamel Naser al-Din Abu al-Ma'ali Muhammed) (1180-1238 was an Ayyubid Sultan of Kurdish The Franks or Frankish people (Franci or gens Francorum) were West Germanic tribes first identified in the 3rd century as an Ethnic group The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war "^[48]

The Islamic legal principles of international law were largely based on Qur'an and the Sunnah of Muhammad, who gave various injunctions to his forces and adopted practices toward the conduct of war. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics The most important of these were summarized by Muhammad's successor and close companion, Abu Bakr, in the form of ten rules for the Muslim army:^[49]

Stop, O people, that I may give you ten rules for your guidance in the battlefield. The Caliph is the Head of state in a Caliphate, and the title for the leader of the Islamic Ummah, an Islamic community ruled by the Shari'ah In Islam, the Ṣaḥābah (الصحابة "Companions" were the companions of the Islamic prophet Muḥammad. Early life Abu Bakr was born at Mecca some time in the year 573 CE, in the Banu Taym branch of the Quraysh tribe Do not commit treachery or deviate from the right path. You must not mutilate dead bodies. Neither kill a child, nor a woman, nor an aged man. Bring no harm to the trees, nor burn them with fire, especially those which are fruitful. Slay not any of the enemy's flock, save for your food. You are likely to pass by people who have devoted their lives to monastic services; leave them alone. ^[49]

Islamic private international law arose as a result of the vast Muslim conquests and maritime explorations, giving rise to various conflicts of laws. The initial Arab Muslim conquests (632–732 (فتح Fatah, literally opening, also referred to as the Islamic conquests or Arab This is a sub-article of Islamic economic jurisprudence and Muslim world. A will, for example, was "not enforced even if its provisions accorded with Islamic law if it violated the law of the testator. In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death " Islamic jurists also developed elaborate rules for private international law regarding issues such as contracts and property, family relations and child custody, legal procedure and jurisdiction, religious conversion, and the return of aliens to an enemy country from the Islamic world. Property is any physical or virtual entity that is owned by an individual Islamic family relations concerns both the close family as well as the more distant families Child custody and '''guardianship''' are Legal terms which are sometimes used to describe the legal and practical relationship between a Parent and his In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Religious conversion is the adoption of a new religious identity or a change from one religious identity to another In US law, an alien is a legal term for a person, either a corporation or a human who is not a United States national. Democratic religious pluralism also existed in classical Islamic law, as the religious laws and courts of other religions, including Christianity, Judaism and Hinduism, were usually accommodated within the Islamic legal framework, as seen in the early Caliphate, al-Andalus, Indian subcontinent, and the Ottoman Millet system. Religious pluralism (rel Comparative religion) is a loosely defined expression concerning acceptance of different Religions and is used in a number of related In some Religions law can be thought of as the ordering principle of Reality; Knowledge as revealed by God defining and governing all human affairs A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Christianity ( Greek Χριστιανισμός from the word Xριστός ( Christ)is a monotheistic Religion centered on the life and teachings Judaism (from the Greek Ioudaïsmos, derived from the Hebrew יהודה Yehudah, " Judah " in Hebrew יַהֲדוּת Yahedut Hinduism is a religious tradition that originated in the Indian subcontinent. A caliphate (from the Arabic خلافة or khilāfa) is the political leadership of the Muslim community in classical and medieval Islamic history Al-Andalus (الأندلس was the Arabic name given to those parts of the Iberian Peninsula governed by Muslims or The Muslim conquest in the Indian subcontinent mainly took place from the 11th to the 17th centuries though earlier Muslim conquests made limited inroads into the region beginning Millet is an Ottoman Turkish term for a Confessional community in the Ottoman Empire. ^[47][50]

Islamic law also introduced "two fundamental principles to the West, on which were to later stand the future structure of law: equity and good faith", which was a precursor to the concept of pacta sunt servanda in civil law and international law. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where Pacta sunt servanda ( Latin for "agreements must be kept" is a Brocard, a basic principle of civil law and of International law Islamic law also "introduced it to international relations, making possible the systematic development of conventional law, which became a partial substitute for custom. "^[41]

Islamic law also made "major contributions" to international admiralty law, departing from the previous Roman and Byzantine maritime laws in several ways. Admiralty law (also referred to as maritime law) is a distinct body of Law which governs maritime questions and offenses Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting 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. This is a sub-article of Islamic economic jurisprudence and Muslim world. A wage is a compensation workers receive in exchange for their labor. In Military terminology desertion is the Abandonment of a " Duty " or post without permission from one's Government or superior The expressions misfeasance and nonfeasance, and occasionally malfeasance, are used in English law with reference to the discharge of public obligations " 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. Cabotage is the Transport of goods or passengers between two points in the same country International waterways Several international treaties have established freedom of navigation on semi-enclosed seas Cargo (or freight) refers to goods or produce transported generally for Commercial gain by ship, aircraft, train, Search and seizure is a legal procedure used in many civil law and Common law legal systems whereby Police or other authorities and their agents who suspect A ship /ʃɪp/ is a large vessel that floats on water Ships are generally distinguished from Boats based on size Cargo (or freight) refers to goods or produce transported generally for Commercial gain by ship, aircraft, train, " 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. Pandects ( Lat pandectae, adapted from Gr pandektes, all-containing is a name given to a compendium or digest of Roman law The qirad was one of the basic financial instruments of the medieval Islamic world. A limited partnership is a form of Partnership similar to a General partnership, except that in addition to one or more general partners (GPs there are The “Islamic influence on the development of an international law of the sea” can thus be discerned alongside that of the Roman influence. ^[51]

There is evidence that early Islamic international law influenced the development of Western international law, through various routes such as the Crusades, Norman conquest of the Emirate of Sicily, and Reconquista of al-Andalus. The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents The Emirate of Sicily was an Islamic state on the island of Sicily from 965 to 1072. The Reconquista (a Spanish and Portuguese word for "Reconquest" Arabic: الاسترداد, "Recapturing" was a period Al-Andalus (الأندلس was the Arabic name given to those parts of the Iberian Peninsula governed by Muslims or ^[41] In particular, the Spanish jurist Francisco de Vitoria, and his successor Grotius, may have been influenced by Islamic international law through earlier Islamic-influenced writings such as the 1263 work Siete Partidas of Alfonso X, which was regarded as a "monument of legal science" in Europe at the time and was influenced by the Islamic legal treatise Villiyet written in Islamic Spain. Francisco de Vitoria ( Francisci de Victoria; c 1492 &ndash 12 August, 1546) was a Spanish Renaissance Roman Catholic philosopher Hugo Grotius or Huig de Groot, or Hugo de Groot; ( Delft, 10 April 1583 Rostock, 28 August 1645 The Siete Partidas (Seven-Part Code or simply Partidas was a Castilian statutory code first compiled during the reign of Alfonso X of Castile Alfonso X (November 23 1221 Toledo Spain &ndash April 4 1284 Seville Spain) was a Spanish monarch who ruled as the King of Castile, Legal Science is one of the Social sciences which deals with the Institutions and Principles that particular Societies have developed Al-Andalus (الأندلس was the Arabic name given to those parts of the Iberian Peninsula governed by Muslims or ^[41][42]

Influence on legal education

Main article: Madrasah

Madrasahs were the first law schools, and it is likely that the "law schools known as Inns of Court in England" may have been derived from the Madrasahs which taught Islamic law and jurisprudence. "Madrasa" and "Medrese" redirect here For the village in Azerbaijan see Mədrəsə. "Madrasa" and "Medrese" redirect here For the village in Azerbaijan see Mədrəsə. A law school (also known as a school of law or college of law) is an institution specializing in Legal education. The Inns of Court in London are the professional associations to one of which every barrister in England and Wales (and those judges who were formerly barristers Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the ^[3]

The origins of the doctorate 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. A doctorate is an Academic degree that indicates the highest level of academic achievement Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end either related to law Doctor of Laws ( Latin: Legum Doctor, LLD) is a Doctorate -level Academic degree in Law. Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or 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. A guild is an association of craftsmen in a particular trade The earliest guilds were formed as confraternities of workers A law school (also known as a school of law or college of law) is an institution specializing in Legal education. In some Educational systems undergraduate education is Post-secondary education up to the level of a Bachelor's degree. See also Postgraduate Training in Education Postgraduate education (synonymous in North America with graduate education, and sometimes described 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. A test or an examination (or "exam" is an Assessment, often administered on paper or on the computer, intended to measure the test-takers' or A dissertation (also called thesis or disquisition) is a document that presents the author's Research and findings and is submitted in support of candidature For the iconographic subject see Christ among the Doctors In the scholastic system of education A graduate school or ("grad school" is a school that awards advanced degrees such as doctoral degrees with the general requirement that students must have earned " 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. A Faqih (plural Fuqaha') (فقيه pl فقهاء is an expert in Fiqh, or Islamic Jurisprudence. The Master of Laws is an advanced Academic degree, or research degree and is commonly abbreviated LL This article is about an Islamic scholar Mufti can also refer to civilian dress. A fatwā (فتوى plural fatāwā فتاوى in the Islamic faith is a religious opinion on Islamic law issued by an Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. Magister (also magistar, from lat: magister = Teacher) is an Academic degree used in various systems of higher education The meaning of the word professor ( Latin: professor, person who professes to be an expert in some art or science teacher of highest rank) varies ^[3]

Human rights

Main article: Islamic ethics

Further information: Early reforms under Islam and Islamic Jurisprudence: An International Perspective

In the field of human rights, early Islamic jurists introduced a number of advanced legal concepts before the 12th century which anticipated similar modern concepts in the field. Islamic ethics ( akhlāq) defined as "good character" historically took shape gradually from the 7th century and was finally established by the 11th Many Reforms took place under Islam between 610 and 661, including the period of Muhammad 's mission and the rule of Islamic Jurisprudence An International Perspective is a 1988/1996 book by Judge Christopher G Human rights refers to the "basic Rights and freedoms to which all humans are entitled Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several These included the notions of the charitable trust and the trusteeship of property; the notion of brotherhood and social solidarity; the notions of human dignity and the dignity of labour; the notion of an ideal law; the condemnation of antisocial behavior; the presumption of innocence; the notion of "bidding unto good" (assistance to those in distress); and the notions of sharing, caring, universalism, fair industrial relations, fair contract, commercial integrity, freedom from usury, women's rights, privacy, abuse of rights, juristic personality, individual freedom, equality before the law, legal representation, non-retroactivity, supremacy of the law, judicial independence, judicial impartiality, limited sovereignity, tolerance, and democratic participation. A charitable trust is a trust established for charitable purposes and is a more specific term than " charitable organisation " In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations Social Solidarity is the degree or type (see below of integration of a society This brief article is about how the term dignity is used The article presents dignity as it is used by international organizations governments bioethicists academics and The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has Sharing is the joint use of a resource or space In its narrow sense it refers to joint or alternating use of an inherently finite good such as a common pasture or a Timeshared In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a reasonable Standard of care while performing any acts Universalism can be classified as a Religion, Theology and Philosophy that generally holds all persons and creatures are related to God or the Divine and The field of industrial relations (also called labor relations) looks at the relationship between Management and workers particularly groups of workers represented A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Integrity is Consistency of actions values methods measures and principles Usury (ˈjuːʒəri comes from the Medieval Latin usuria, "interest" or "excessive interest" from the Latin usura "interest" Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively Abuse refers to the use or treatment of something (a person item substance concept or vocabulary that is harmful Note This Wikipedia entry deals with the legal concept legal person. Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws with no individual Most liberal democracies consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation Retroactivity in Law is the application of a given norm to events that took place or began to produce legal effects before the law was approved Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or Impartiality is a principle of Justice holding that decisions should be based on objective criteria, rather than on the basis of Bias, Prejudice Sovereignty is the exclusive Right to control a Government, a country, a people or oneself Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system Many of these concepts were adopted in medieval Europe through contacts with Islamic Spain and the Emirate of Sicily, and through the Crusades and the Latin translations of the 12th century. Al-Andalus (الأندلس was the Arabic name given to those parts of the Iberian Peninsula governed by Muslims or The Emirate of Sicily was an Islamic state on the island of Sicily from 965 to 1072. The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents The Renaissance of the 12th century saw a major search by European scholars for new learning which led them to the Arabic fringes of Europe especially to Islamic ^[52]

The concept of inalienable rights was found in early Islamic law and jurisprudence, which denied a ruler "the right to take away from his subjects certain rights which inhere in his or her person as a human being. " Islamic rulers could not take away certain rights from their subjects on the basis that "they become rights by reason of the fact that they are given to a subject by a law and from a source which no ruler can question or alter. Reason involves the ability to think understand and draw Conclusions in an Abstract way as in Human thinking " Islamic jurists also anticipated the concept of the rule of law, the equal subjection of all classes to the ordinary law of the land, where no person is above the law and where officials and private citizens are under a duty to obey the same law. The rule of law, in its most basic form is the principle that no one is above the law An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it in an Organisation or Duty (from "due" that which is owing O Fr deu did past participle of devoir Lat A Qadi (Islamic judge) was also not allowed to discriminate on the grounds of religion, race, colour, kinship or prejudice. Qadi (also known as Qazi or Kazi or Kadi) (قاضي is a judge ruling in accordance with the Sharia, Islamic religious law A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos The term race or racial group usually refers to the concept of categorizing Humans into Populations or groups on the basis of various sets Human skin color can range from almost black (due to very high concentrations of the dark brown pigment melanin to nearly colorless (appearing reddish white due to the Blood Kinship is a relationship between any entities that share a genealogical origin through either biological cultural or historical descent The word prejudice refers to prejudgment making a decision before becoming aware of the relevant facts of a case or event There were also a number of cases where Caliphs had to appear before judges as they prepared to take their verdict. The Caliph is the Head of state in a Caliphate, and the title for the leader of the Islamic Ummah, an Islamic community ruled by the Shari'ah ^[53] There is evidence that John Locke's formulation of inalienable rights and conditional rulership, which were present in Islamic law centuries earlier, may have also been influenced by Islamic law, through his attendance of lectures given by Edward Pococke, a professor of Islamic studies. John Locke (29 August 1632 – 28 October 1704 was an English Philosopher. Edward Pococke (1604-1691 was an English Orientalist and biblical scholar This is a sub-article to Religious education, Academic discipline, and Islam. ^[54]

Early Islamic law recognized two sets of human rights. In addition to the category of civil rights and political rights (covered in the Universal Declaration of Human Rights), Islamic law also recognized an additional category: social, economic and cultural rights. A right is a legal or moral Entitlement or Permission. Rights are of vital importance in theories of Justice and deontological ethics The Universal Declaration of Human Rights ( UDHR) is a declaration adopted by the United Nations General Assembly ( 10 December 1948 at Palais The term "social rights" is sometimes used to distinguished those rights arising from the Social contract, akin to Natural rights arising from nature but before As the human rights movement has brought awareness to the needs of the individual throughout the world the cultural rights movement has provoked attention to protect the rights of groups This latter category was not recognized in the Western legal tradition until the International Covenant on Economic, Social and Cultural Rights in 1966. The International Covenant on Economic Social and Cultural Rights (ICESCR is a multilateral Treaty adopted by the United Nations General Assembly on December ^[55] The right of privacy, which was not recognized in Western legal traditions until modern times, was recogonized in Islamic law since the beginning of Islam. Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively ^[48] In terms of women's rights, women generally had more legal rights under Islamic law than they did under Western legal systems until the 19th and 20th centuries. ^[56] For example, "French married women, unlike their Muslim sisters, suffered from restrictions on their legal capacity which were removed only in 1965. "^[57]

In the North Carolina Law Review journal, Professor John Makdisi of the University of North Carolina School of Law writes in "The Islamic Origins of the Common Law" article:

"[T]he manner in which an act was qualified as morally good or bad in the spiritual domain of Islamic religion was quite different from the manner in which that same act was qualified as legally valid or invalid in the temporal domain of Islamic law. The North Carolina Law Review is the flagship Law journal of the University of North Carolina School of Law. The University of North Carolina School of Law is a professional school within the University of North Carolina at Chapel Hill. Islamic law was secular, not canonical. Secularity ( adjective form secular) is the state of being separate from Religion. Canonical is an Adjective derived from canon. Canon comes from the Greek word kanon, "rule" (perhaps originally from . . Thus, it was a system focused on ensuring that an individual received justice, not that one be a good person. "^[58]

Count Leon Ostorog, a French jurist, wrote the following on classical Islamic law in 1927:

"Those Eastern thinkers of the ninth century laid down, on the basis of their theology, the principle of the Rights of Man, in those very terms, comprehending the rights of individual liberty, and of inviolability of person and property; described the supreme power in Islam, or Califate, as based on a contract, implying conditions of capacity and performance, and subject to cancellation if the conditions under the contract were not fulfilled; elaborated a Law of War of which the humane, chivalrous prescriptions would have put to the blush certain belligerents in the Great War; expounded a doctrine of toleration of non-Moslem creeds so liberal that our West had to wait a thousand years before seeing equivalent principles adopted. Kalām (علم الكلام is the Islamic philosophy of seeking Islamic theological principles through Dialectic. Rights of Man (1787 by Thomas Paine, posits that popular political revolution is permissible when a government does not safeguard its people their natural rights Liberty, the freedom to act or believe without being stopped by unnecessary force In Religion and Ethics, inviolability or sanctity of life is a principle of implied protection regarding aspects of sentient life which are said to be holy A caliphate (from the Arabic خلافة or khilāfa) is the political leadership of the Muslim community in classical and medieval Islamic history A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law The law of war (also law of armed conflict, LOAC) is Law concerning acceptable practices relating to war Chivalric order Chivalry is a term related to the Medieval institution of Knighthood. World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All A creed is a statement of Belief — usually Religious belief — or Faith often recited as part of a religious service "^[59]

Democratic participation

Main article: Islamic democracy

Further information: Shura and Ijma

In the early Islamic Caliphate, the head of state, the Caliph, had a position based on the notion of a successor to Muhammad's political authority, who, according to Sunnis, were ideally elected by the people or their representatives. Known as Islamic democracy, two kinds of democratic states can be recognized in the Islamic countries Shura is an ( Arabic شورَى | شورا word for "consultation" Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam A caliphate (from the Arabic خلافة or khilāfa) is the political leadership of the Muslim community in classical and medieval Islamic history The Caliph is the Head of state in a Caliphate, and the title for the leader of the Islamic Ummah, an Islamic community ruled by the Shari'ah IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics An election is a Decision-making process by which a population chooses an individual to hold formal office ^[60] After the Rashidun Caliphs, later Caliphates during the Islamic Golden Age had a lesser degree of democratic participation, but since "no one was superior to anyone else except on the basis of piety and virtue" in Islam, and following the example of Muhammad, later Islamic rulers often held public consultations with the people in their affairs. The Rightly Guided Caliphs or The Righteous Caliphs ( ar الخلفاء الراشدون) is a term used in Sunni Islam to refer to the first IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Public consultation, or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought ^[61][50]

Freedom of speech

Main article: Islamic ethics

During the Islamic Golden Age, there was an early emphasis on freedom of speech in the Islamic Caliphate. Islamic ethics ( akhlāq) defined as "good character" historically took shape gradually from the 7th century and was finally established by the 11th Freedom of speech is the freedom to speak freely without Censorship or Limitation. A caliphate (from the Arabic خلافة or khilāfa) is the political leadership of the Muslim community in classical and medieval Islamic history This was first declared by the Caliph Umar in the 7th century. Umar (a=عمر بن الخطاب|t=`Umar ibn al-Khattāb c 581-83 CE &ndash 7 November, 644) also known as Umar the Great or Omar the Great ^[41] Later during the Abbasid period, freedom of speech was also declared by al-Hashimi, a cousin of caliph Al-Ma'mun (786–833), in the following letter to a religious opponent:^[62]

"Bring forward all the arguments you wish and say whatever you please and speak your mind freely. The Caliph is the Head of state in a Caliphate, and the title for the leader of the Islamic Ummah, an Islamic community ruled by the Shari'ah Abu Jafar al-Ma'mun ibn Harun (also spelled Almamon and el-Mâmoûn) ( September 14, 786 &ndash August 9, 833) (المأمون Now that you are safe and free to say whatever you please appoint some arbitrator who will impartially judge between us and lean only towards the truth and be free from the empery of passion, and that arbitrator shall be Reason, whereby God makes us responsible for our own rewards and punishments. Reason involves the ability to think understand and draw Conclusions in an Abstract way as in Human thinking Herein I have dealt justly with you and have given you full security and am ready to accept whatever decision Reason may give for me or against me. For "There is no compulsion in religion" (Qur'an 2:256) and I have only invited you to accept our faith willingly and of your own accord and have pointed out the hideousness of your present belief. Sura Al-Baqara ( سورة البقرة, Sūratu al-Baqarah, "The Cow" is the second and the longest Sura (chapter of the Peace be with you and the blessings of God!"^[62]

According to George Makdisi and Hugh Goddard, "the idea of academic freedom" in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. Academic freedom is the belief that the freedom of inquiry by students and faculty members is essential to the mission of the academy A university is an institution of Higher education and Research, which grants Academic degrees in a variety of subjects "Madrasa" and "Medrese" redirect here For the village in Azerbaijan see Mədrəsə. ^[63]

Slavery / Freeing of slaves

Main article: Islam and slavery

Islam has prescribed five ways to free slaves, has severely chastised those who enslave free persons and has thus regulated the slave trade. The major juristic schools of Islam traditionally accepted the institution of Slavery. The source of slaves was restricted to war in preference to killing whole tribes en masse, as was the tradition at the time.

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. See also Kanun (disambiguation. Qanun ( قانون) refers to laws promulgated by Muslim sovereigns in particular the Ottoman Sultans A caliphate (from the Arabic خلافة or khilāfa) is the political leadership of the Muslim community in classical and medieval Islamic history A governor is a governing official usually the executive (at least nominally to different degrees also politically and administratively of a non-sovereign level of government Sultan (سلطان is an Islamic title with several historical meanings ”^[16] The Qanun began to unfold as early as Umar I (586-644 CE). See also Kanun (disambiguation. Qanun ( قانون) refers to laws promulgated by Muslim sovereigns in particular the Ottoman Sultans ^[16] 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. See also Kanun (disambiguation. Qanun ( قانون) refers to laws promulgated by Muslim sovereigns in particular the Ottoman Sultans For other meanings including people named 'Islam' see Islam (disambiguation. ^[16]

Modern Islamic law

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. The Ottoman Empire (1299–1923 ( Old Ottoman Turkish: دولتْ علیّه عثمانیّه Devlet-i Âliye-yi Osmâniyye, Late Ottoman and Modern Turkish 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 theory.
• 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. ^[64]
• Reformers believe that new Islamic legal theories can produce modernized Islamic law^[65] and lead to acceptable opinions in areas such as women's rights. ^[66]

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. Progressive Muslims have produced a considerable body of liberal thoughts within Islam (in Arabic: الإسلام الاجتهادي Islamic feminism is a form of Feminism concerned with the role of women in Islam. Several of the countries with the largest Muslim populations, including Indonesia, Bangladesh and Pakistan, have largely secular constitutions and laws, with only a few Islamic provisions in family law. The Republic of Indonesia ( (Republik Indonesia is a Country in Southeast Asia. ( Bengali: বাংলাদেশ inc-Latn Bangladesh) officially Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and Turkey has a constitution that is officially strongly secular. Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches India and the Philippines are the only countries in the world which have separate Muslim civil laws, framed by the Muslim Personal Law board in India, and wholly based on Sharia and the Code of Muslim Personal Laws in the Philippines. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP The All India Muslim Personal Law Board (AIMPLB is an organisation constituted in 1973 to adopt suitable strategies for the protection and continued applicability of Muslim Personal However, the criminal laws are uniform. Some controversial sharia laws favour Muslim men, including polygamy and rejection of alimony. The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and The Shah Bano case is an infamous divorce lawsuit in India and has generated political controversy in the country

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. Secularism in the Middle East refers to the ideology of promoting the secular as opposed to the religion Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. The Kingdom of Saudi Arabia, KSA ( المملكة العربية السعودية, al-Mamlaka al-ʻArabiyya as-Suʻūdiyya) or Suudi For a topic outline on this subject see List of basic Iran topics. The Mutaween (مطوعين muṭawiʿiyn; variant English spellings mutawwain muttawa mutawallees mutawa’ah mutawi’ mutawwa' means "volunteer" in Arabic Laws derived from sharia are also applied in Afghanistan, Libya and Sudan. Afghanistan /æfˈgænɪstæn/ officially the Islamic Republic of Afghanistan ( Pashto: د افغانستان اسلامي جمهوریت, Libya ( ليبيا ar-Latn Lībiyā; Libyan vernacular: Lībya; Amazigh:) officially the Great Socialist People's Libyan Arab Sudan (officially the Republic of Sudan) ( السودان al-Sūdān is a country in northeastern Africa. Some states in northern Nigeria have reintroduced Sharia courts. Nigeria, officially named the Federal Republic of Nigeria, is a federal Constitutional republic comprising thirty-six states and one Federal ^[67] 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 and apostasy. Amputation is the removal of a body extremity by trauma or Surgery. Stoning, or lapidation, refers to a form of Capital punishment whereby an organized group throws stones at the convicted individual until the person dies Adultery is the voluntary Sexual intercourse between a married person and another person who is not his or her Spouse, though in many places it is

Many, including the European Court of Human Rights, consider the punishments prescribed by Sharia as being barbaric and cruel. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights Islamic scholars argue that, if implemented properly, the punishments serve as a deterrent to crime. ^[68] 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 and homosexuality, amputations for the crime of theft, and flogging for fornication or public intoxication. Flagellation is the act of whipping (Latin flagellum, "whip" the human body Fornication, or simple fornication is a term which refers to voluntary Sexual intercourse between persons not married to each other Intoxication is the state of being affected by one or more psychoactive drugs. [1]

Though Islamic law is interpreted differently across times, places and scholars, some Muslim fundamentalists following the literal and traditional interpretations believe it should legally be binding on all people of the Muslim faith and even on all people who come under their control. Islamic fundamentalism Arabic: usul (from usul the "fundamentals"] is a term used to describe religious ideologies seen as advocating a return to the

A bill proposed by lawmakers in the Indonesian province of Aceh would impose Sharia law on all non-Muslims, the armed forces and law enforcement officers, a local police official has announced. For other uses see Bill. A bill is a proposed new law introduced within a Legislature that has not been ratified, adopted The Republic of Indonesia ( (Republik Indonesia is a Country in Southeast Asia. See also Sultanate of Aceh Aceh (ʔaˈtɕɛh generally anglicized as ˈɑːtʃeɪ is a special territory ( daerah istimewa) of Indonesia The news comes two months after the Deutsche Presse-Agentur warned of "Taliban-style Islamic police terrorizing Indonesia's Aceh". Deutsche Presse-Agentur GmbH (dpa (German Press Agency is a News agency founded in 1949 in Germany. The Taliban ( طالبان, also anglicised as Taleban; translation "students" is a Sunni Islamist, predominately ^[69][70][71]

The interpretation of Islamic jurisprudence varies in different modern nations. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the In the Anglosphere and in Islamic countries with a history of British rule, for example, Islamic finance has been relatively successful due to the common-law nature of Islamic jurisprudence being compatible with English common law, which was itself significantly influenced by Islamic law. The word Anglosphere describes a concept of a group of Anglophone ( English -speaking nations which share historical political and cultural characteristics rooted The British Empire was the largest empire in history and for over a century was the foremost global power. This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive On the other hand, Islamic finance has been relatively unsuccessful in certain regimes such as Iran, Pakistan and Sudan which have diverged from the common-law nature of Islamic jurisprudence and instead interpret "a common-law variant as if it were a civil law system. The word regime (occasionally spelled " régime " particularly in older texts refers to a set of conditions most often of a Political nature For a topic outline on this subject see List of basic Iran topics. Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and Sudan (officially the Republic of Sudan) ( السودان al-Sūdān is a country in northeastern Africa. "^[10] For example, modern Iranian law is based on an "Islamic civil code" influenced by the Napoleonic code and German civil code. A civil code is a systematic compilation of laws designed to comprehensively deal with the core areas of Private law. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. ^[72] According to the Archbishop of Canterbury Rowan Williams, "In some of the ways it has been codified and practised across the world, it has been appalling and applied to women in places like Saudi Arabia, it is grim. The Archbishop of Canterbury is the chief bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion and the Rowan Douglas Williams, PC, DD, DCL, FBA, (born 14 June 1950 in Swansea, Wales) is an Anglican In Law, codification is the process of collecting and restating the law of a Jurisdiction in certain areas usually by subject forming a Legal code. "^[73]

A prominent Islamic jurist explains the common-law nature of Islamic jurisprudence:

"It must be understood that when we claim that Islam has a satisfactory solution for every problem in any situation in all times to come, we do not mean that the Holy Quran and Sunna of the Holy Prophet or the rulings of Islamic scholars provide a specific answer to each and every minute detail of our socioeconomic life. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Socioeconomics or socio-economics is the study of the relationship between economic activity and Social life. What we mean is that the Holy Quran and the Holy Sunna of the Prophet have laid down the broad principles in the light of which the scholars of every time have deduced specific answers to the new situations arising in their age. Therefore, in order to reach a definite answer about a new situation the scholars of Shariah have to play a very important role. They have to analyze every question in light of the principles laid down by the Holy Quran and Sunna as well as in the light of the standards set by earlier jurists enumerated in the books of Islamic jurisprudence. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the This exercise is called Istinbat or Ijtihad. Ijtihad (Arabic اجتهاد is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources . . . [T]he ongoing process of Istinbat keeps injecting new ideas, concepts and rulings into the heritage of Islamic jurisprudence. "^[74]

Another significant difference between the classical and modern systems of Islamic law is that classical Islamic law was "independent of any state mechanism", while modern Islamic law is "controlled by the state because the state often controls the legal scholars. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several " According to Sameer S. Vohra, "This control mechanism results in a lack of the sort of pluralism that once made the Islamic legal system as innovative and fluid as its United States counterpart. Legal pluralism allows for moral laws that are unwritten as formal laws The law of the United States was originally largely derived from the Common law system of English law, which was in force at the time of the Revolutionary "^[28]

Contemporary issues

Democracy and human rights

Further information: Islamic ethics, Islamic democracy, Shura, and Ijma

Some democrats and several official institutions in democratic countries (as the European Court for Human Rights) argue that Sharia is incompatible with a democratic state. Islamic ethics ( akhlāq) defined as "good character" historically took shape gradually from the 7th century and was finally established by the 11th Known as Islamic democracy, two kinds of democratic states can be recognized in the Islamic countries Shura is an ( Arabic شورَى | شورا word for "consultation" Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights These incompatibilities have been clarified in several legal disputes.

In 1998 the Turkish Constitutional Court 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. Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches The Welfare Party (Refah Partisi (RP in Turkey was founded by Ahmed Tekdal in Ankara in 1983 as heir to two earlier parties Milli Nizam " On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy"^[75][76][77] 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. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the 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". It was further ruled that, according to Christian Moe:

"[T]he Court considers that sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it. […] It is difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverges from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervenes in all spheres of private and public life in accordance with religious precepts. "^[78]

On the other side, 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". ^[79][80] However, Christian Pippan argues, that this contradicts the political reality in most Islamic states. Christian Pippan is a lecturer and researcher at the Institute of International Law and International Relations at the University of Graz, Austria "While constitutional arrangements to ensure that political authority is exercised within the boundaries of Sharia vary greatly among those nations",^[81] most existing models of political Islam have so far grossly failed to accept any meaningful political competition of the kind that Khan himself has identified as essential for even a limited conception of democracy. Khan, writes Pippan, dismisses verdicts as from the European Court of Human Rights or the Turkish Constitutional Court "as an expression of purely national or regional preferences. "^[82]

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. The Universal Declaration of Human Rights ( UDHR) is a declaration adopted by the United Nations General Assembly ( 10 December 1948 at Palais The term Western world, the West or the Occident ( Latin: occidens -sunset -west as distinct from the Orient) can have multiple meanings 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. For a topic outline on this subject see List of basic Iran topics. Secularism is generally the assertion that governmental practices or institutions should exist separately from Religion or religious beliefs Judeo-Christian (or Judaeo-Christian, sometimes written as Judæo-Christian) is a term used to describe the body of concepts and values which are thought to be held Therefore the Organization of the Islamic Conference, a group representing all Muslim majority nations, adopted the Cairo Declaration on Human Rights in Islam, which diverges from the UDHR substantially, affirming Sharia as the sole source of human rights. The Organization of the Islamic Conference (OIC is an International organization with a permanent delegation to the United Nations. The Cairo Declaration of Human Rights in Islam (CDHRI is a declaration of the member states of the Organisation of the Islamic Conference, which provides an overview on the This Declaration was severely criticized by the International Commission of Jurists for allegedly gravely threatening the inter-cultural consensus, introducing intolerable discrimination against non-Muslims and women, restricting fundamental rights and freedoms, and attacking the integrity and dignity of the human being. The International Commission of Jurists (ICJ is an international Human rights Non-governmental organisation.

Freedom of speech

See also: Islamic ethics, Jyllands-Posten Muhammad cartoons controversy, Blasphemy laws of the Islamic Republic of Iran, and Blasphemy laws of Pakistan

Qadi ‘Iyad ibn Musa al-Yahsubi argues that Sharia does not allow freedom of speech on such matters as criticism of Muhammad and that such criticism is considered blasphemy against Muhammad. Islamic ethics ( akhlāq) defined as "good character" historically took shape gradually from the 7th century and was finally established by the 11th Blasphemy laws of Islamic Republic of Iran are laws against disrespecting Islam and the clerical members of the government in high positions The Blasphemy law in Pakistan is found in several sections of the Pakistan Penal Code, including Section 295 B and C and 298 A B and C Freedom of speech is the freedom to speak freely without Censorship or Limitation. Criticism of religion involves Criticism of the concept of Religion, the validity of religion the practice of religion and the consequences of religion Blasphemy is the disrespectful use of the name of one or more gods. He writes:

"The Qur'an says that Allah curses the one who harms the Prophet in this world and He connected harm of Himself to harm of the Prophet. There is no dispute that anyone who curses Allah is killed and that his curse demands that he be categorized as an unbeliever. The Judgment of the unbeliever is that he is killed. [. . . ] There is a difference between . . . harming Allah and His Messenger and harming the believers. Injuring the believers, short of murder, incurs beating and exemplary punishment. The judgment against those who harm Allah and His Prophet is more severe -- the death penalty. "^[83]

In Egypt, public authorities annulled, without his consent, the marriage of Prof. Nasr Abu Zayd when he got in conflict with an orthodox Islamic cleric from the Al-Azhar University in Cairo. Nasr Hamid Abu Zayd, in Arabic ar نصر حامد ابو زيد (born July 10 1943 is an Egyptian Qur'anic thinker and one of the leading liberal theologists in Al-Azhar University (pronounced "az-HAR" الأزهر الشريف, "the Noble Azhar" in Egypt, founded in 975 is the chief centre of The cleric had condemned Abu Zayd's reading of the Qur'an as being against the orthodox interpretation and labeled him an apostate (seen as a non-believer and consequently not permitted to marry or stay married to a Muslim woman). Abu Zayd fled to the Netherlands, where he is now a professor at the University of Leiden. The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands Leiden University (Universiteit Leiden located in the city of Leiden, is the oldest University in The Netherlands.

Gay rights

Main article: Homosexuality and Islam

Homosexual activity is illicit under the sharia, however the prescribed penalties differ from one school of jurisprudence to another. Islamic views on homosexuality have always been influenced by the rulings prescribed by the Qur'an and the teachings of the Islamic prophet Muhammed. For example these countries may allow the death penalty for sodomy though not for other homosexual activities: Iran, UAE, Sudan, Nigeria, Mauritania, Saudi Arabia, Yemen and Somalia. For a topic outline on this subject see List of basic Iran topics. Sudan (officially the Republic of Sudan) ( السودان al-Sūdān is a country in northeastern Africa. Nigeria, officially named the Federal Republic of Nigeria, is a federal Constitutional republic comprising thirty-six states and one Federal Mauritania (موريتانيا Mūrītāniyā officially the Islamic Republic of Mauritania, is a country The Kingdom of Saudi Arabia, KSA ( المملكة العربية السعودية, al-Mamlaka al-ʻArabiyya as-Suʻūdiyya) or Suudi Yemen ( Arabic: اليَمَن al-Yaman officially the Republic of Yemen ( Arabic: الجمهورية اليمنية al-Jumhuuriyya Somalia ( Soomaaliya; الصومال) officially the Somali Republic ( Jamhuuriyadda Soomaaliya, جمهورية الصومال) and formerly known Sharia does not recognize 'fundamental human rights based on sexual-orientation'. The current focus of so- called human rights organizations is on decriminalization, as well as adding anti-discrimination laws, incitement to hatred laws (Hate crime), and eventually same-sex unions or same-sex marriage. Human rights refers to the "basic Rights and freedoms to which all humans are entitled Decriminalization is the reduction or abolition of criminal penalties in relation to certain acts but regulated permits or fines might still apply (for contrast Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is Hate crimes (also known as bias motivated crimes) occur when a perpetrator targets a victim because of his or her membership in a certain Social group, usually defined Same-sex marriage (also referred to as gay marriage) is a term for a legally or Socially recognized Marriage between two people of the same In particular human rights organizations are very concerned about the persecution of gays in Iran and have helped some gay Iranians gain legal asylum in Western countries. Human rights refers to the "basic Rights and freedoms to which all humans are entitled

Women

Main article: Women in Islam

In terms of religious obligations, such as certain elements of prayer, payment of zakat, observance of the Ramadan fast . and pilgrimage, women are treated no differently from men. There are, however, some exceptions made in the case of prayers and fasting. They are also forbidden to perform salat(prayer) during menstruation. Ṣalāt ( Arabic: صلاة‎, pl ṣalawāt, Qur'anic Arabic: صلوة ṣalawah) (also munz in Pashto and

Islam has no clergy, but women do not traditionally become Imams or lead prayer. In practice, it is much more common for men to be scholars than women. Early Muslim scholars such as Abu-Hanifa and Al-Tabary held that there is nothing wrong with women holding a post as responsible as that of judge. Many interpretations of Islamic law hold that women may not have prominent jobs, and thus are forbidden from working in the government. This has been a mainstream view in many Muslim nations in the last century, despite the example of Muhammad's wife Aisha, who both took part in politics and was a major authority on hadith. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Aisha bint Abu Bakr (died 678 (Arabic ar عائشة Transliteration ʿāʾisha, ʕaːʔɪʃæh "she who lives" also transcribed as A'ishah, Ayesha Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic 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. "^[84] 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 to women the right to inherit property, in contrast with some cultures where women themselves are considered chattels that can be inherited. (See widow inheritance. Widow inheritance, also known as bride inheritance, is a type of marriage in which a Widow marries a kinsman of her late husband often his brother ) However, a woman's inheritance is different from a man's, both in quantity and attached obligations. For instance, a daughter's inheritance is half that of her brothers, while a woman's share of inheritance is completely hers and no one, including her father or husband, can make any claim on it. In contrast, a son is required to use his inheritance to support his sister, as needed.

According to Islamic law, a post-pubescent female cannot be forced to marry anyone without their consent. Besides all other provisions for her protection at the time of marriage, it was specifically decreed that a woman has the full right to her mahr, a marriage gift, which is presented to her by her husband and is included in the nuptial contract. Some muslims believe that a woman can divorce her husband without resorting to the courts if the nuptial contract allows that. A Muslim may not marry or remain married to an unbeliever of either sex ^{[Qur'an 2:221][60:10]}. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran

Islamic jurists have traditionally held that Muslim women may only enter into marriage with Muslim men,^[85] although some contemporary jurists question the basis of this restriction. ^[85][86][87] On the other hand, the Qur'an explicitly allows Muslim men to marry any woman of the People of the Book, a term which includes Jews, Sabians, and Christians. This article is about the theological concept in Islam. For the novel by Geraldine Brooks see People of the Book (novel. PLEASE TAKE NOTE************ The Sabians ( صابئين, צבאים) were a religious group A Christian is a person who adheres to Christianity, a monotheistic Religion centered on the life and teachings of Jesus of Nazareth ^[88][85] 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. ^[85]

Sunni Islamic law allows husbands to divorce their wives by just saying talaq ("I divorce you") three times. Divorce or dissolution of marriage is the termination of a Marriage. In 2003 a Malaysian court ruled that, under Sharia law, a man may divorce his wife via text messaging as long as the message was clear and unequivocal. For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and Text messaging, or texting is the common term for the sending of "short" (160 characters or fewer including spaces text messages from Mobile phones [2] Such a divorce, known as the "triple talaq" is not allowed in most Muslim states. The divorced wife always keeps her dowry from when she was married, and is given child support until the age of weaning, at which point the father gains automatic custody of the child. A dowry (also known as trousseau or tocher) is the money goods or estate that a woman brings to her soon to be husband in marriage The divorced wife also receives spousal support for three months after the divorce until it can be determined whether she is pregnant.

See also: Ma malakat aymanukum

Sharia Index

On December 2007, the Tokyo Stock Exchange launched a new sharia index that includes shares of companies that comply with the Islamic law. This is a sub-article to Islamic military jurisprudence and Prisoner of war Ma malakat aymanukum ("what your right hands possess" December 2007 is the twelfth month of that year It began on a Saturday and 31 days later ended on a Monday The, or TSE, located in Tokyo, Japan, is the second largest Stock exchange market in the world by market value second only to the New York Stock The index of 79 stocks traded in Japan includes companies that are screened on a daily basis to ensure that they maintain strict Sharia compliance. The index excludes businesses that offer products and services considered unacceptable under Islamic law including alcohol, financial services, gambling, pork, pornography and tobacco. ^[89]

Topics of Islamic law

Shari'ah may be divided into five main branches:

• 'ibadah (ritual worship)
• mu'amalat (transactions and contracts)
• adaab (morals and manners)
• i'tiqadat (beliefs)
• 'uqubat (punishments) [3]

• The acts of worship, or al-ibadat includes:
  • Ritual Purification (wudu)
  • Prayers (salah)
  • Fasts (sawm and Ramadan)
  • Charities (zakat)
  • Pilgrimage to Mecca (hajj)

• Human interaction, or al-mu'amalat includes:
  • Financial transactions
  • Endowments
  • Laws of inheritance
  • Marriage, divorce, and child care
  • Foods and drinks (including ritual slaughtering and hunting)
  • Penal punishments
  • Warfare and peace
  • Judicial matters (including witnesses and forms of evidence)

See mu`amalat laws according to five major schools of jurisprudence and The Majallah. This article is about Hygiene in Islam. Wudu ( Arabic: الوضوء al-wuḍū', Persian:آبدست ābdast Ṣalāt ( Arabic: صلاة‎, pl ṣalawāt, Qur'anic Arabic: صلوة ṣalawah) (also munz in Pashto and Sawm ( Arabic: صوم is an Arabic word for Fasting regulated by Islamic jurisprudence. Ramadan or Ramazan ( Arabic: رمضان Ramaḍān) is a Muslim religious observance that takes place during the ninth month of the Islamic This is a sub-article of Islamic economical jurisprudence. Zakaat ( زكاة zækæːh zakaat or zakāh, has the implied Mecca ˈmɛkə also spelled Makkah ˈmækə (in full Makkah Al-Mukarramah (Arabic mækːæ(t ælmʊkarˑamæ مكّة المكرمة, literally Honored The Hajj (حج is a pilgrimage to Mecca (Makkah It is the largest annual pilgrimage in the world

Dietary

Main article: Halal

Islamic law does not present a comprehensive list of pure foods and drinks. Halal (حلال ḥalāl, halaal) is an Arabic term meaning permissible. However, it sanctions:^[90]

• Prohibition of swine, blood, meat of dead animals and animals slaughtered in the name of someone other than Allah. Pigs, also called hogs or' swine', are Ungulates which have been domesticated as sources of food leather and similar products since ancient times Blood is a specialized Bodily fluid that delivers necessary substances to the body's cells ��such as nutrients and oxygen—and transports Waste products In Islam, God is believed to be the only real supreme being all-powerful and all knowing Creator Sustainer Ordainer and Judge of the universe Islam puts a heavy emphasis
• Prohibition of slaughtering an animal in any other way except in the prescribed manner of tazkiyah (cleansing) by taking Allah’s name which involves cutting the throat of the animal and draining the blood. Causing the animal needless pain, slaughtering with a blunt blade or physically ripping out the esophagus is strictly forbidden. Modern contemporary 'painless' methods of slaughter like the captive bolt stunning are also prohibited. Stunning is the process of rendering animals immobile or unconscious prior to their being slaughtered for food
• Prohibition of intoxicants

The prohibition of dead meat is not applicable to fish and locusts. A psychoactive drug or psychotropic substance is a Chemical substance that acts primarily upon the Central nervous system where it alters Brain Fish are aquatic Vertebrate animals that are typically ectothermic (previously Cold-blooded) covered with scales, and equipped with two Locust is the Swarming phase of short-horned Grasshoppers of the family Acrididae. ^[91][92][93] Also hadith literature prohibits beasts having sharp canine teeth, birds having claws and tentacles in their feet,^[94] Jallalah (animals whose meat carries a stink in it because they feed on filth),^[95] tamed donkeys,^[96] and any piece cut from a living animal. Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic ^[97][90]

Marriage and divorce

Main articles: Islamic marital jurisprudence and Talaq (divorce)and Nikah (marriage)

There are two types of marriage mentioned in the Qur'an: nikah and nikah mut'ah. In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant Nikāḥu l-Mut‘ah (نكاح المتعة marriage for pleasure) or sigheh, is a time-delimited Marriage contract according to the Usuli 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. A Talaq ( الطلاق) is the Islamic term for Divorce and is used to end a marriage or Nikāħ (النكاح In nikah the couples inherit from each other. A legal contract is signed when entering the marriage. The husband must pay for the wife's expenses. 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 in nikah mut'ah. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic For the contract to be valid there must be two witnesses under Sunni jurisprudence. There is no witness requirement for Shia contracts.

Nikah mut'ah is considered haraam (forbidden) by Sunni Muslims. Haraam (حرام is an Arabic term meaning "forbidden" It means "marriage for pleasure". Under Shia jurisprudence a nikah mut'ah is the second form of marriage recognized by the Shia. It is a fixed term marriage, which is a marriage with a preset duration, after which the marriage is automatically dissolved. There is controversy about the Islamic legality of this type of marriage, since Sunnis believe it was abrogated by Prophet Muhammad, while Shias believe it was forbidden by Umar and hence that ban may be ignored since Umar had no authority to do so. Umar (a=عمر بن الخطاب|t=`Umar ibn al-Khattāb c 581-83 CE &ndash 7 November, 644) also known as Umar the Great or Omar the Great The Qur'an itself doesn't mention any cancellation of the institution. Nikah mut'ah sometimes has a preset time period to the marriage, traditionally the couple do not inherit from each other, the man usually is not responsible for the economic welfare of the women, and she usually may leave her home at her own discretion. Nikah mut'ah also does not count towards a maximum of wives (four according to the Qur'an). The woman still is given her mahr, and the woman must still observe the iddah, a period of four 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.

Requirements for Islamic Marriages:

• The man who is not currently a fornicator can only marry a woman who is not currently a fornicatress or a chaste woman from the people of the Book. Fornication, or simple fornication is a term which refers to voluntary Sexual intercourse between persons not married to each other This article is about the theological concept in Islam. For the novel by Geraldine Brooks see People of the Book (novel.
• The Muslim woman can only marry a Muslim man.
• The woman who is not currently a fornicatress can only marry a man who is not currently a fornicator.
• The fornicator can only marry a fornicatress -- and vice versa.
• The guardian may choose a suitable partner for a virgin girl, but the girl is free to contest and has the right to say 'no'.
• The guardian cannot marry the divorced woman or the widow if she didn't 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. Bride price also known as bride wealth is an amount of Money or Property or Wealth paid by the groom or his family to the Parents of "^[98]

• A woman who wishes to be divorced usually needs the consent of her husband. However, most schools allow her to obtain a divorce without her husband's consent if she can show the judge that her husband is impotent. If the husband consents she does not have to pay back the dower.
• Men have the right of unilateral divorce. A divorce is effective when the man tells his wife that he is divorcing her. At this point the husband must pay the wife the "delayed" component of the dower.
• A divorced woman of reproductive age must wait four months and ten days before marrying again to ensure that she is not pregnant. Her ex-husband should support her financially during this period.
• If a man divorces his wife three times, he can no longer marry her again unless she marries another man, and if they got divorced (only in a way that this divorce is not intended for the woman to re-marry her first husband) the woman could re-marry her first husband.
• These are guidelines; Islamic law on divorce is different depending on the school of thought. ^[98]

Penalties

Main article: Hudud

See also: Rajm, Islam and domestic violence, Zina (sex), and Apostasy in Islam

In accordance with the Qur'an and several hadith, theft is punished by imprisonment or amputation of hands or feet, depending on the number of times it was committed and depending on the item of theft. Hudud ( Arabic حدود also transliterated hadud, hudood; singular hadd, حد This is a sub-article to Islamic criminal jurisprudence and Stoning Rajm is an Arabic word that means to stone. The relationship between Islam and domestic violence is disputed Zina (الزناء in Islam is Extramarital sex and premarital sex The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran However, before the punishment is executed two eyewitnesses under oath must say that they saw the person stealing. If these witnesses cannot be produced then the punishment cannot be executed. Witnesses must be either two men, or, if only one man can be found, one man and two women. Several requirements are in place for the amputation of hands, so the actual instances of this are relatively few; they are:

• The thief must be adult and sane.
• 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. Haraam (حرام is an Arabic term meaning "forbidden"
• Goods must have been taken from custody (i. e. not in a public place).
• There must be reliable witnesses (mentioned above).
• The punishment is not imposed if the thief repents.

All of these must be met under the scrutiny of judicial authority. ^{[Qur'an 5:38][99]}

In accordance with hadith, stoning to death is the penalty for married men and women who commit adultery. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Stoning, or lapidation, refers to a form of Capital punishment whereby an organized group throws stones at the convicted individual until the person dies 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^[100] For unmarried men and women, the punishment prescribed in the Qur'an and hadith is 100 lashes. ^[101]

Similarly, under Sharia a woman who is accused of adultery cannot be punished unless there are four male eyewitnesses to prove she did commit adultery. 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. "^{[Qur'an 24:13]}

The word in the Quran used for "beat" is idreb. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran ^[4:34] It is a conjugate of the word daraba which primarily means "to beat, strike, to hit". ^[102] The Arabic word idreb is used in two primary ways. Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language 1) to strike up a poem, and 2) to physically "beat", or "strike" someone.

Some consider "hit" to be a misinterpretation, and believe it should be translated as "admonish them, and leave them alone in the sleeping-places and separate from them. " Certain modern translations of the Qur'an in the English language accept the commoner translation of "beat" but tone down the wording with bracketed additions. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States Whatever idribu¯hunna is meant to convey in the Qur'an -- and ambiguities are common in Islam's holy book -- the verb is directed, not at a single husband, but to the community as a whole.

The word "idrib" is used 12 times in the Quran. Eight times it is used in the physical action of striking, and three times it is used in the context of speaking or applying a proverb. Clearly then, the most frequent use of the word is in physically striking. Here is a Quranic verse in which "idreb" is used:

“"Strike" off their heads, "strike" off the very tips of their fingers!”^{[Qur'an 8:12]}

Several hadith urge strongly against beating one's wife, such as: "How does anyone of you beat his wife as he beats the stallion camel and then embrace (sleep with) her? (Al-Bukhari, English Translation, vol. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic 8, Hadith 68, pp. Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic 42-43), "I went to the Apostle of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them. (Sunan Abu-Dawud, Book 11, Marriage (Kitab Al-Nikah), Number 2139)". Sunan Abu Da'ud (سُنن أبو داوود is one of the Sunni Six Major Hadith collections, collected by Abu Da'ud. Others hadiths do indicate that husbands have a right to discipline their wives in a civilized manner to a certain extent:

Fear Allah concerning women! Verily you have taken them on the security of Allah, and intercourse with them has been made lawful unto you by words of Allah. You too have right over them, and that they should not allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise them but not severely. Their rights upon you are that you should provide them with food and clothing in a fitting manner. (Narrated in Sahih Muslim, on the authority of Jabir. )

– [4]

According to Sheikh Yusuf al-Qaradawi, head of the European Council for Fatwa and Research:

If the husband senses that feelings of disobedience and rebelliousness are rising against him in his wife, he should try his best to rectify her attitude by kind words, gentle persuasion and reasoning with her. Yusuf al-Qaradawi ( Arabic: يوسف القرضاوي Yūsuf al-Qaraḍāwiy) (born September 9, 1926) is an Egyptian Muslim The European Council for Fatwa and Research (ECFRis a Dublin -based private foundation founded in London on 29 March - 30 March 1997 on the If this is not helpful, he should sleep apart from her, trying to awaken her agreeable feminine nature so that serenity may be restored, and she may respond to him in a harmonious fashion. If this approach fails, it is permissible for him to smack her lightly with his hands, avoiding her face and other sensitive parts. In no case should he resort to using a stick or any other instrument that might cause pain and injury.

Punishments are authorized by other passages in the Quran 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 (quotations provided by Syed Kamran Mirza):

“The woman and the man guilty of adultery or fornication—flog each of them with hundred stripes: Let no compassion move you in their case, in a matter prescribed by God, if ye believe in God and the last day. ”^{[Qur'an 24:2]} “Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils). The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran ”^{[Qur'an 17:32]}

In most interpretations of Sharia, conversion by Muslims to other religions, is strictly forbidden and is termed apostasy. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Religious conversion is the adoption of a new religious identity or a change from one religious identity to another Muslim theology equates apostasy to treason, and in most interpretations of sharia, the penalty for apostasy is death. In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment.

In many Muslim countries, the accusation of apostasy is even used against non-conventional interpretations of the Quran. The severe persecution of the famous expert in Arabic literature, Prof. Nasr Hamid Abu Zayd, is an example of this. Nasr Hamid Abu Zayd, in Arabic ar نصر حامد ابو زيد (born July 10 1943 is an Egyptian Qur'anic thinker and one of the leading liberal theologists in In some countries, Sunni and Shia Muslims often accuse each other of apostasy. The current civil strife in Iraq is explained by many in terms of the extremely harsh religious opposition between Sunnis and Shias in Iraq. For a topic outline on this subject see List of basic Iraq topics.

Customs and behaviour

See also Islamic hygienical jurisprudence

Practitioners of Islam are generally taught to follow some specific customs in their daily lives. This is a sub-article to Fiqh and Hygiene Hygiene is a prominent topic in Islam. Most of these customs can be traced back to Abrahamic traditions in Pre-Islamic Arabian society. Abraham ( Ashkenazi   Avrohom or Avruhom; ابراهيم, {{Unicode|Ibrāhīm}}; Ge'ez: The history of Pre- Islamic Arabia before the rise of Islam in the 630s is not known in great detail ^[103] 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). Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” Ummah (أمة is an Arabic word meaning Community or Nation. It is commonly used to mean either the collective nation of states, or (in the It includes customs like:

• Saying Bismillah (in the name of God) before eating and drinking. Basmala (Arabic بسملة is an Arabic language noun which is used as the collective name of the whole of the recurring Islamic phrase bismi-llāhi ar-raḥmāni ^[104]
• Using the right hand for drinking and eating. ^[105]
• Saying As-Salamu Alaykum (peace be upon you) when meeting someone and answering with Wa alaykumus-Salam (and peace be upon you). As-Salāmu `Alaykum ( ar السلام عليكم) is an Arabic Spoken greeting used by Muslims as well as non-Muslim Arabic speakers ^[106]
• Saying Alhamdulillah (all gratitude is for only God) when sneezing and responding with Yarhamukallah (God have mercy on you). Alhamdulillah ( الحمد لله) is an Arabic phrase meaning "Praise to God" or "All praise belongs to God" similar to the Hebrew phrase ^[107]
• Saying the Adhan (prayer call) in the right ear of a newborn and the Iqama in its left. Adhan (also - Athaan IPA /ʔæðæːn/ ( أَذَان) is the Islamic call to Prayer, recited by the Muezzin. The word iqama (إقامة refers to the second call to Islamic Prayer, given immediately before the prayer begins
• In the sphere of hygiene, it includes:
  • Clipping the moustache
  • Shaving the pubic hair
  • Removing underarm hair
  • Cutting nails
  • Circumcising the male offspring^[108][109]
  • Cleaning the nostrils, the mouth, and the teeth^[110] and
  • Cleaning the body after urination and defecation^[111]
• Abstention from sexual relations during the menstrual cycle and the puerperal discharge,^{[Qur'an 2:222]} and ceremonial bath after the menstrual cycle, puerperal discharge, and Janabah (seminal/ovular discharge or sexual intercourse). Hygiene refers to practices associated with ensuring good health and cleanliness See also "Mensuration" a term sometimes used to describe Measurement, particularly in the context of Forestry. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Physiological aspects Internal and external fertilization Depending on the Species, spermatozoa can fertilize Ovule literally means "small egg." In Seed plants the ovule is the structure that gives rise to and contains the female reproductive cells ^{[Qur'an 4:43][Qur'an 5:6]}
• Burial rituals include funeral prayer^[112] of bathed^[113] and enshrouded body in coffin cloth^[114] and burying it in a grave. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran ^[115]

Rituals

Main articles: Eid, Eid ul-Fitr, and Eid ul-Adha

There are two festivals that are considered Sunnah. Eid ul-Fitr or Id-ul-Fitr (عيد الفطر ‘Īdu l-Fiṭr) often abbreviated to Eid, is a Muslim Holiday that marks the end of Eid al-Adha ( Arabic: عيد الأضحى ‘Īd ul-’Aḍḥā, Urdu: بقرعید or the Festival of Sacrifice is a religious festival celebrated Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” ^[115][116]

• Eid ul-Fitr
• Eid ul-Adha

Rituals associated with these festivals are:^[115]

• Sadaqah (charity) before Eid ul-Fitr prayer. Eid ul-Fitr or Id-ul-Fitr (عيد الفطر ‘Īdu l-Fiṭr) often abbreviated to Eid, is a Muslim Holiday that marks the end of Eid al-Adha ( Arabic: عيد الأضحى ‘Īd ul-’Aḍḥā, Urdu: بقرعید or the Festival of Sacrifice is a religious festival celebrated This is a sub-article of Zakat, Infaq and Mustahabb. Sadaqah (plural sadaqat) ( صدقة, sˤɒdæqɒh is an Eid ul-Fitr or Id-ul-Fitr (عيد الفطر ‘Īdu l-Fiṭr) often abbreviated to Eid, is a Muslim Holiday that marks the end of ^[117]
• The Prayer and the Sermon on Eid day. Prayer is the act of attempting to communicate with a Deity or spirit A sermon is an oration by a Prophet or member of the Clergy. Sermons address a Biblical, theological, or religious topic
• 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. The takbīr or takbeer (ar تَكْبِير is the act of saying the phrase, ar الله أكبر A pilgrim is one who undertakes a Pilgrimage, literally 'far afield' Mina is a desert location situated some 5 kilometres to the east of the Islamic holy city of Mecca (Makkah in Saudi Arabia. Muzdalifah ( مزدلفة) is an open level area near Mecca in Saudi Arabia associated with the Hajj. e. 10th, 11th , 12th, and 13th of Dhu al-Hijjah. Dhu al-Hijja (ar ذو الحجة is the twelfth and final month in the Islamic Calendar. )
• Sacrifice of unflawed, four legged grazing animal of appropriate age after the prayer of Eid ul-Adha in the days of Tashriq. Eid al-Adha ( Arabic: عيد الأضحى ‘Īd ul-’Aḍḥā, Urdu: بقرعید or the Festival of Sacrifice is a religious festival celebrated ^[118]

Dress codes

Main articles: Hijab and Sartorial hijab

The Qur'an also places a dress code upon its followers. Islam and clothing Hijab or ħijāb ( ar حجاب, pronounced) is the Arabic term for "cover" (noun based on the root حجب meaning "to This list of types of sartorial Hijab indexes styles of clothing found in predominantly Muslim societies commonly associated with the word hijab. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Clothing is an aspect of Human physical appearance, and like other aspects of human physical appearance it has social significance The rule for men has been ordained before the women: “say to the believing men to lower their gaze and preserve their modesty, it will make for greater purity for them and Allah is well aware of all that they do. ”^{[Qur'an 24:30]} Allah then says in the Qur'an, “And say to the believing women that they cast down their looks and guard their private parts and do not display their ornaments except what appears thereof, and let them wear their khumūr over their bosoms, and not display their ornaments except to their husbands. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Islam and clothing Hijab or ħijāb ( ar حجاب, pronounced) is the Arabic term for "cover" (noun based on the root حجب meaning "to . . ”^[24:31] All those men in whose presence a woman is not obliged to practise the dress code are known as her mahrams. In Islamic Sharia legal terminology a mahram ( Arabic محرم also Transliterated mahrim or maharem) is an 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). See also Fitna Fitna (فتنة is an Arabic word generally regarded as very difficult to translate but at the same time is considered to be an all-encompassing

However, whether the veil or headscarf is a real Quranic obligation, there are many different opinions. A veil is an article of clothing worn almost exclusively by women that is intended to cover some part of the head or Face. For other uses see Headgear. Headscarves are scarves covering most or all of the top of a woman's hair and her head Fundamentalists as Yusuf Al-Qaradawi claim it is, while many others, such as Mohammed Arkoun, Soheib Bencheikh, Abdoldjavad Falaturi, Jamal al Banna claim it isn't. Yusuf al-Qaradawi ( Arabic: يوسف القرضاوي Yūsuf al-Qaraḍāwiy) (born September 9, 1926) is an Egyptian Muslim Professor Mohammed Arkoun ( Arabic: محمد أركون (born February 1, 1928 in Taourirt-Mimoun, Algeria is one of the most influential scholars Soheib Bencheikh (born 1961 Jeddah, Saudi Arabia) is an Islamic religious leader and author and would-be French politician Abdoldjavad Falaturi (1926&ndash1996 ( was a German scholar of Iranian origin 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. " ([5], p. 75).

Turkey, a secular Muslim-majority country, had controversial laws against these dress codes in schools and work places. Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches After the declaration of the Republic in 1923, as part of revolutions brought by Atatürk, a modern dress code was encouraged. Year 1923 ( MCMXXIII) was a Common year starting on Monday (link will display the full calendar of the Gregorian calendar. Mustafa Kemal Atatürk (19 May 1881 &ndash 10 November 1938 was an army officer revolutionary Statesman The law changed early in 2008, with much debate, to allow a hijab while attending public school in Turkey^[119] as well as France, where the recently enacted rule caused huge public controversy. Islam and clothing Hijab or ħijāb ( ar حجاب, pronounced) is the Arabic term for "cover" (noun based on the root حجب meaning "to This article is about the country For a topic outline on this subject see List of basic France topics. ^[120]

It is a common concern in the west that Muslim women are oppressed and forced to wear the Hijab or headscarf by their male counterparts. Muslim males contend that the majority of women choose to wear the garment of their own free will. The main principle reason for the hijab is modesty, which is not wishing to receive unnecessary attention from people, such as admiration and flattery, envy, or, most importantly, sexual attraction from those other than her husband. Great care is taken to keep sexual thoughts, feelings and interactions to within the boundaries of the marital relationship.

One of the garments women wear is the hijāb (of which the headscarf is one component). Islam and clothing Hijab or ħijāb ( ar حجاب, pronounced) is the Arabic term for "cover" (noun based on the root حجب meaning "to The word hijab is derived from the Arabic word hajaba which means 'to hide from sight or view', 'to conceal'. Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Hijāb means to cover the head as well as the body.

Non-Muslims

Main article: Dhimmi

Under Sharia law non-Muslims may be subjected to Sharia Laws however it codifies the treatment of dhimmis in relation to the Muslim state and in cases of over-lapping jurisdiction. A dhimmi ( ذمي, collectively أهل الذمة, ahl al-dhimma, the people of the dhimma or pact of protection Ottoman Turkish A dhimmi ( ذمي, collectively أهل الذمة, ahl al-dhimma, the people of the dhimma or pact of protection Ottoman Turkish The jizya or tax is enforced on those who broke a treaty or attacked Muslim with no right (as a punishment) or required from those who ask for protection without enrolling in the army. The rules include privilege to practice their own religion, except for public demonstration of non-Muslim religious practices and the right to convert Muslims.

The core component of treatment is the jizya, or tax specifically upon non-Muslims. The jizya originates in the Qur'an which says “Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger and those who acknowledge not the religion of the truth among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued. ”^{[Qur'an 9:29]} The "Book" refers to the People of the Book, Jews and Christians,but the jizya was extended to all conquered non-Muslims. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran The jizya is less than the Zakah (money given to the poor and needy) which is payable to non-Muslims in need.

Notes

References

• Badr, Gamal Moursi (Spring 1978), "Islamic Law: Its Relation to Other Legal Systems", The American Journal of Comparative Law 26 (2 [Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24-25, 1977]): 187-198
• Badr, Gamal Moursi (Winter 1984), "Islamic Criminal Justice", The American Journal of Comparative Law 32 (1): 167-169
• Bakhtiar, Laleh and Kevin Reinhart (1996). Encyclopedia of Islamic Law: A Compendium of the Major Schools. Kazi Publications, ISBN 1567444989
• Brown, Daniel W. (1996). Rethinking traditions in modern Islamic thought. Cambridge University Press, UK. ISBN 0-521-65394-0
• Dahlén, Ashk (2003). Ashk Peter Dahlén (b 1972 in Tehran) is a researcher in Iranian Studies and translator of Persian literature into Swedish. Islamic Law, Epistemology and Modernity, Routledge. ISBN-13: 978-0415945295
• 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 1851683062
• 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. University of California Press, also known as UC Press, is a Publishing house associated with the University of California that engages in Academic Y. Hadith as Scripture: Discussions on The Authority Of Prophetic Traditions in Islam, New York: Palgrave, 2008
• El-Gamal, Mahmoud A. (2006), Islamic Finance: Law, Economics, and Practice, Cambridge University Press, ISBN 0521864143
• Gaudiosi, Monica M. Cambridge University Press (known colloquially as CUP is a Publisher given a Royal Charter by Henry VIII in 1534 (April 1988), "The Influence of the Islamic Law of Waqf on the Development of the Trust in England: The Case of Merton College", University of Pennsylvania Law Review 136 (4): 1231-1261
• Ayaz, Maryam (2007), "Sharia'h and Profits", Apvision Revolutionary Islamic Profitability Models
• Ghamidi, Javed (2001). The University of Pennsylvania Law Review is a scholarly journal focusing on legal issues published by an organization of second and third year J Javed Ahmad Ghamidi ( Urdu: جاوید احمد غامدی) (b Mizan. worship javedjpg|100px|right]]manner javedjpg|100px|right]] Mizan ( English: balance; scale, Urdu: ميزان) is a comprehensive Dar al-Ishraq. Al-Mawrid is an Islamic research institute in Lahore, Pakistan founded in 1983 and then re-established in 1991. OCLC 52901690. The OCLC Online Computer Library Center is according to its website a "nonprofit membership computer library service and research organization dedicated to the public purpose  
• Hudson, A. (2003), Equity and Trusts (3rd ed. ), Cavendish Publishing, ISBN 1-85941-729-9
• 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).
• Makdisi, John A. (June 1999), "The Islamic Origins of the Common Law", North Carolina Law Review 77 (5): 1635-1739
• Safi, Omid (2003). The North Carolina Law Review is the flagship Law journal of the University of North Carolina School of Law. Progressive Muslims: On Justice, Gender, and Pluralism. Oneworld Publications. ISBN 1-85168-316-X
• al-Shafi'i, Muhammad ibn Idris (1993), Risala: Treatise on the Foundations of Islamic Jurisprudence, Islamic Texts Society, ISBN 0946621152
• Shahin, Omar (2007), The Muslim Family in Western Society: A Study in Islamic Law (English), Cloverdale Books, ISBN 978-1-929569-30-4
• Vohra, Sameer S. TemplateInfobox Muslim scholars --> Al-Shafi'i, Arabic Jurist (150 AH/767 AD - 204 AH/820 AD Sheikh Omar Shahin is a Jordanian native living in the United States Cloverdale Corporation has for 29 years been involved in publishing scholarly research for the scientific community (2006), "An American Muslim's Right to Die, Incorporating Islamic Law into the Debate", Journal of Legal Medicine 27 (3): 341-359
• Weeramantry, Judge Christopher G. (1997), Justice Without Frontiers: Furthering Human Rights, Brill Publishers, ISBN 9041102418
• Weiss, Bernard G. Founded in 1683 in Leiden, The Netherlands, Brill (known as E (2002). Studies in Islamic Legal Theory. Boston: Brill Academic publishers. ISBN 9004120661.  

See also

• Aqidah
• Cairo Declaration on Human Rights in Islam
• dhimmi
• Dīn
• Halakha - Jewish law
• Mizan - A comprehensive treatise on the contents of Islam written by Javed Ahmed Ghamidi
• Mutaween - Islamic Religious Police
• Theonomy

Specific issues

• Islamic Rulings - A list of the most controversial rulings in Islam
• Irth, farā'iḍ, or wasāyā - Islamic Laws of Inheritance")
• Zakat - Payment of portion of one's wealth for charity
• Hudud - Severe crimes (sometimes considered "crimes against God")
• Tazir - Less severe crimes (thus, "crimes against society", not God)
• Qisas - Retaliatory crimes
• Diyya - Compensation for crimes
• Homosexuality and Islam
• Human Rights
• Islamic banking
• Islamic finance

External links

• Shariah Law in a Nutshell
• Shariah as a Political Tool in Indonesia
• Applying Islamic Principles in the Twenty-first Century: Nigeria, Iran, and Indonesia U.S. Institute of Peace Report, September 2005
• BBC Religion & Ethics - Islam - Sharia
• Council On Foreign Relations - Islam: Governing Under Sharia - 14/03/05
• The Daily Telegraph - Poll reveals 40pc of Muslims want sharia law in UK - 19/02/06
• Dhimmitude.org
• Human Rights and Islamic Law
• The Islamic Sharia Council UK
• The Rationale in Sharia Injunctions
• The Purposes of the Shari`ah
• Shariah.net
• Shari'ah, Laws and Islam: Legalism vs. Value-orientation by Dr. Aqidah (sometimes spelled Aqeeda, Aqidah or Aqida) (عقيدة is an Islamic term meaning Creed. The Cairo Declaration of Human Rights in Islam (CDHRI is a declaration of the member states of the Organisation of the Islamic Conference, which provides an overview on the A dhimmi ( ذمي, collectively أهل الذمة, ahl al-dhimma, the people of the dhimma or pact of protection Ottoman Turkish Halakha ( הלכה; alternative transliterations include Halocho and Halacha) is the collective body of Jewish Religious law worship javedjpg|100px|right]]manner javedjpg|100px|right]] Mizan ( English: balance; scale, Urdu: ميزان) is a comprehensive Javed Ahmad Ghamidi ( Urdu: جاوید احمد غامدی) (b The Mutaween (مطوعين muṭawiʿiyn; variant English spellings mutawwain muttawa mutawallees mutawa’ah mutawi’ mutawwa' means "volunteer" in Arabic The word theonomy derives from the Greek words “theos” God, and “nomos” Law. A fatwā (فتوى plural fatāwā فتاوى in the Islamic faith is a religious opinion on Islamic law issued by an This is a sub-article of Islamic economical jurisprudence. Zakaat ( زكاة zækæːh zakaat or zakāh, has the implied Hudud ( Arabic حدود also transliterated hadud, hudood; singular hadd, حد In Islamic Law, tazir (or ta'zir, Arabic تعزير refers to punishment usually corporal, that can be administered at the discretion of the judge as This is a sub-article of Islamic criminal jurisprudence and Blood money (term. Diyya (plural Diyyat; Arabic: دية) is compensation paid to the heirs of a victim Islamic views on homosexuality have always been influenced by the rulings prescribed by the Qur'an and the teachings of the Islamic prophet Muhammed. Human rights refers to the "basic Rights and freedoms to which all humans are entitled Islamic banking refers to a system of banking or banking activity that is consistent with Islamic law ( Sharia) principles and guided by Islamic economics This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law The United States Institute of Peace or USIP, established in 1984, is an independent nonpartisan national institution established and funded by the United States Mohammad Omar Farooq
• What is Sharia? - Definition/Description Potpourri by Dr. Mohammad Omar Farooq
• Human Rights and Islamic Law
• Human Rights Documents Archives
• Why Shariah? by Noah Feldman - Law Professor at Harvard University