Sharia is an Islamic law that has really conservatic ideology.
Islamic law has several law, I kinda forget though, I learned it on my university days (I was a law major student and since my country is the biggest muslem population, I had to learn about it eventhough I'm not muslim).
Here's some more from wikipedia:
Laws and practices under Sharia
Marriage laws
* The Muslim man who is not currently a fornicator can only marry a Muslim woman who is not currently a fornicatress or a chaste woman from the people of the book.
* The Muslim fornicator can only marry Muslim fornicatress.
* The number of wives is limited to four,
* The Muslim woman who is not currently a fornicatress can only marry a Muslim man who is not currently a fornicator.
* The Muslim fornicatress can only marry a Muslim fornicator.
* The woman cannot marry without the consent of her guardian. If she marries, her husband becomes her new guardian.
* The guardian may choose to marry the virgin without asking her consent, however she can oppose the marriage and then it is cancelled.
* The guardian cannot marry the divorced woman or the widow if she didn't ask to be married.
* The number of husbands is limited to one, the Muslim mistress cannot have sex with her slaves.
* Islamic law on marriage differs from one school of thought to another.[6]
Divorce laws
* A husband may divorce his wife whenever he wants. If the marriage has been consummated, the divorced woman must remain at her ex-husband's house for three months before she is allowed to leave. The man has the ability to retract the divorce by having sex with the woman within those three months.
* A woman who wishes to be divorced needs the consent of her husband. If he consents she has to pay back the dowry.
* Under certain circumstances (abuse, for instance), the wife may ask a judge to separate the couple.
* If a man divorces his wife three times, he can no longer marry her again unless she marries another man and then divorces him.
* These are guidelines; Islamic law on divorce is different depending on the school of thought.[7]
The penalty for theft
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.[2][3]
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The penalty for adultery
In accordance with hadith, stoning to death is the penalty for married men and women who commit adultery.[4] For unmarried men and women, the punishment prescribed in the Qur'an and hadith is 100 lashes.[5]
Dietary laws
Main article: Islamic dietary laws
Sharia dictates that Muslims may only eat from meat that has been slaughtered in the name of God and meets stringent dietary requirements. Such meat is called halÄl, or "lawful". Islamic law prohibits a Muslim from eating pork, and most juridical opinions also hold monkey, dog, cat, carnivores and several other types of animal as harÄm (prohibited). For the meat of an animal to be halÄl it must be one of the declared halÄl species, and the animal may not be killed by excessively cruel or painful means. The traditional means of slaughter is by slicing open the jugular veins at the neck, resulting in quick blood loss; a state of shock and unconsciousness is induced, and death soon follows through cardiac arrest.
According to the Qur'an, the animal does not have to be slaughtered by a Muslim, but may be slaughtered by a Jew or a Christian (People of the Book) as long as it meets their strict dietary laws. This does not normally apply in modern times as animals are normally not slaughtered by Christians in the name of God. The majority of Christians no longer have rituals associated with slaughter, nor do they ask for God's permission before the kill. The method of slaughter used by most Christian butchers is also considered inappropriate by many Muslims. (Al-Ma'ida 5: "The food of those who have received the Scripture is lawful for you.")- this is only provided it is killed in accordance with God's Law, and in His name. Most Muslims will accept kosher meat as halÄl. (Qur'an 2:173, 6:121)
The role of women under Sharia
Main article: women in Islam
Islam does not prohibit women from working, but emphasizes the importance of housekeeping and caring for the families of both parents. In theory, Sunni Islamic law allows husbands to divorce their wives at will, by clearly saying talaq ("I divorce you"). The divorce becomes permanent if the couple has been divorced three times. Women do not have the same right to divorce. In Shi'a Islam, divorce is more involved than this and state proceedings vary. In 2003, for example, 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. [8] 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 child may be returned to its father if it is deemed to be best.
Islam has no clergy, but women may become religious scholars. In practice, it is much more common for men to be scholars than women. 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[citation needed] and was a major authority on hadith.
A Muslim may not marry or remain married to an unbeliever of either sex (2:221, 60:10). A Muslim man may marry a woman of the People of the Book (5:5); traditionally, however, Islamic law forbids a Muslim woman from marrying a non-Muslim man unless he converts to
2006-10-05 01:51:46
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answer #3
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answered by booboobooboobooobooo 3
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Sharia (شرÙعة translit: SharÄ«‘ah) refers to the body of Islamic law. The term means "way" or "path"; it is the legal framework within which public and some private aspects of life are regulated for those living in a legal system based on Muslim principles of jurisprudence.
Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business law, contract law, sexuality, and social issues. Some Islamic scholars accept Sharia as the body of precedent and legal theory established before the 19th century, while other scholars view Sharia as a changing body, and include Islamic legal theory from the contemporary period. [citation needed]
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 Jaafari (Hallaq 1997, Brown 1996, Aslan 2006).
Sections of Sharia law
Sharia law is divided into two main sections:
The acts of worship, or al-ibadat, these include:
Ritual Purification (Wudu)
Prayers (Salah)
Fasts (Sawm and Ramadan)
Charities (Zakat)
Pilgrimage to Mecca (Hajj)
Human interaction, or al-mu'amalat, which 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)
Divergent developments after the 19th century
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. Societies changed from the agricultural to the industrial stage. New social and political ideas emerged and social models slowly shifted from hierarchical towards egalitarian. The Ottoman Empire and the rest of the Muslim world were in decline, and calls for reform became louder. In Muslim countries, codified state law started replacing the role of scholarly legal opinion. Western countries sometimes inspired, sometimes pressured, and sometimes forced Muslim states to change their laws. Secularist movements pushed for laws deviating from the opinions of the Islamic legal scholars. Islamic legal scholarship remained the sole authority for guidance in matters of rituals, worship, and spirituality, while they lost authority to the state in other areas. The Muslim community became divided into groups reacting differently to the change. This division persists until the present day (Brown 1996, Hallaq 2001, Ramadan 2005, Aslan 2006, Safi 2003).
Secularists believe 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 most modern Muslims, especially in areas like women's rights or slavery [1].
Reformers believe that new Islamic legal theories can produce modernized Islamic law [2] and lead to acceptable opinions in areas such as women's rights [3].
Salafis believe that the traditional schools were wrong, and therefore failed, and strive to follow the generation of early Muslims.
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Contemporary practice of Sharia law
There is tremendous variance 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. 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. Turkey has a constitution that is strongly secular. India is the only country in the world which has separate muslim civil laws, framed by Muslim Personal Law board, and wholly based on Sharia. However, the criminal laws are uniform.
Some controversial laws are thought to favor Muslim men, including rejection of alimony and polygamy.
Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Laws derived from sharia are also applied in Afghanistan, Libya and Sudan. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the re-introduction of harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hands for theft, stoning for adultery and apostasy.
Many consider the punishments prescribed by Sharia as being barbaric and cruel; Islamic scholars argue that, if implemented properly, the punishments serve as a deterrent to crime. In international media, practices by countries applying Islamic law have fallen under considerable criticism at times. This is particularly the case when the sentence carried out is seen to greatly tilt away from established standards of international human rights. This is true for the application of the death penalty for the crime of adultery, and other such punishments such as amputations for the crime of theft and flogging for fornication or public intoxication. [4]
An unusual secular-state example was the rejected proposal[1] for a Sharia arbitration court to be established in Ontario, Canada. That province's 1991 arbitration court law allows disputes to be settled in alternative courts to avoid congestion and delay in the court system. The proposed sharia court would handle disputes between Muslim complainants. Critics claimed that misogyny which they held to be inherent in Sharia might influence the Canadian justice system, but proponents argued that those who do not wish to go by the court's rulings are not forced to attend it. Moreover, these sharia courts in Canada would be only orthodox in a limited way as they respect the priority of Canadian civil law. Anybody not satisfied with a ruling from the sharia court could appeal to a civil court. As such, this sharia court would be only a very pale version of Sharia.
On September 11, 2005, Ontario premier Dalton McGuinty stated in a telephone interview that religious arbitration would no longer be allowed. However, the proposed changes to the Ontario Arbitration Act[5] do not specifically mention religious arbitration, but reduce the power of private arbitration in the area of family law, and introduce other changes. Specifically, under the proposed changes family arbitrators will be regulated, participants in family law arbitration cases will not be able to give up their right to appeal an arbitrator's decision to a court, and a pre-nuptial agreement to resolve family law matters, should they arise, through an arbitrator rather than through a court will no longer be binding.
Nevertheless, the proposed changes were condemned by parts of the Muslim community.[citation needed]
Though Islamic law is interpreted differently across times, places and scholars, following fundamentalist's literal and traditional interpretations, however, it is legally binding on all people of the faith and even on all people who come under their control.[citation needed]
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Laws and practices under Sharia
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Marriage laws
The Muslim man who is not currently a fornicator can only marry a Muslim woman who is not currently a fornicatress or a chaste woman from the people of the book.
The Muslim fornicator can only marry Muslim fornicatress.
The number of wives is limited to four,
The Muslim woman who is not currently a fornicatress can only marry a Muslim man who is not currently a fornicator.
The Muslim fornicatress can only marry a Muslim fornicator.
The woman cannot marry without the consent of her guardian. If she marries, her husband becomes her new guardian.
The guardian may choose to marry the virgin without asking her consent, however she can oppose the marriage and then it is cancelled.
The guardian cannot marry the divorced woman or the widow if she didn't ask to be married.
The number of husbands is limited to one, the Muslim mistress cannot have sex with her slaves.
Islamic law on marriage differs from one school of thought to another.
2006-10-05 01:53:40
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answer #6
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answered by Anonymous
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