Islamic Law


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Islamic Law

 

a system of law that evolved under the Arab caliphate between the seventh and tenth centuries, consisting essentially of rules of conduct for believers and sanctions, usually religious, for nonfulfillment of these precepts.

Islamic law only governs relations between Muslims. However, even in those Asian and African countries where the bulk of the population is Muslim and Islamic law is accorded great respect, Islamic law is generally supplemented by other laws and customs and has been codified and adapted in accordance with new social structures. Therefore, it is more correct to distinguish between religious Islamic law and the law of Islamic states.

The al-Majallah, a codification of the obligational and procedural norms of Islamic law, was promulgated between 1869 and 1877. It was the civil legal code of the Ottoman empire and subsequently of Turkey until 1926, Lebanon until 1932, Syria until 1949, and Iraq until 1951. The code has been partially retained in Jordan, Israel, and Cyprus.

From the second half of the 19th century, Muslim countries adopted criminal, commercial, procedural, and other legal codes, based partly on borrowings from the law of Western European countries. Islamic law played a regulatory role in family, inheritance, and certain other relations. These aspects of Islamic law have been codified in special laws in Egypt, Syria, Iraq, Jordan, Tunisia, Morocco, India, Pakistan, and elsewhere. Turkey rejected Islamic law in its entirety in 1926. In some Arab countries and in India, Pakistan, and Indonesia, Islamic law has remained in effect in codified form in matters concerning the personal status of Muslims and in some matters relating to non-Muslims. In the constitutions of some Arab countries, Islamic law is acknowledged as the basis of jurisprudence; its application is permitted in civil law and other branches of the law, and sharia courts have been preserved. Islamic law is also applied as customary law in some countries of East and Central Africa.

References in periodicals archive ?
One is to consider Islam and Islamic law as quintessentially bad.
From 2005-2009, HRW similarly tried to create a groundswell of support for protection of civilians on the Middle Eastern street through its Civilian Protection Initiative, in which it engaged civil society activists in discussions about civilian immunity, in part by highlighting the commonalities between IHL and Islamic law.
Fahad bin Saad Al-Majed said that the Kingdom, the country of the Two Holy Mosques, the cradle of the message and spirit of Islam is proud to apply Islamic law, which has maintained human rights, preserved their dignity, life and own properties, and laid the foundations of justice in its independent jurisdiction, making the Kingdom a beacon in the world frequented by millions of craftsmen, professions and investors as well as pilgrims and Umrah performers.
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The conference brings together accomplished scholars of comparative law from countries and universities where civil, Islamic and common law are taught and practiced to explore the impact of Islamic law, common and civil law on each other.
During Muhammad's regime, Islamic law did not know the separation of powers.
Those who called for enshrining Islamic laws as the only source of legislation were afraid of not applying the law properly," she said.
At least 8,000 Islamists staged a massdemonstration in central Tunis on Sunday in the latest show of force to demandthe adoption of Islamic law in the north African country.
Others take the view that it is not an Islamic law.
In Egypt, family matters are governed by Islamic law, meaning marriage and divorce are guided by religious rulings, traditions and social norms in the male-dominated society.
The BSE and Mumbai-based Taqwaa Advisory and Shariah Investment Solutions (Tasis) has launched India's first equity index of companies that comply with Sharia, the Islamic law.
There is fear that the animals available from Israel might not comply with Islamic law and could have possibly been injected with hormones that may harm those who eat it.

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