Which Two Countries Have Legal Systems Based on Sharia Law - Football
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Which Two Countries Have Legal Systems Based on Sharia Law

About 12 of Nigeria`s 36 states – all located in the north – apply Sharia law in criminal cases. Omani criminal law is based on a combination of Sharia and English common law. [151] Omani commercial law is largely based on Sharia law; Article 5 of its Commercial Code establishes the primacy of Sharia law in case of confusion, silence or conflict. Sharia law is not the same as Islamic law. Muslims believe that Sharia refers to perfect and immutable values understood only by God, while Islamic laws are based on interpretations of Sharia. The interpretation of Sharia law requires a thorough knowledge of the Quran and the Sunnah, proficiency in Arabic and expertise in legal theory. Modern Islamic seminaries, however, have not standardized either the level of skill or the length of study needed to qualify as a lawyer, says Khaled Abu El Fadl, a Muslim lawyer and law professor at the University of California, Los Angeles. Sharia interpretations can also contradict each other, depending on who interprets them. “There are ten different opinions on each legal issue,” says Abou El Fadl. Since the first Islamic states of the eighth and ninth centuries, Sharia has always existed alongside other normative systems.

[1] Article 2 of the Kuwaiti Constitution identifies Islamic Sharia law as one of the main sources of legislation. [95] [127] According to the United Nations, Kuwait`s legal system is a combination of British common law, French civil law, Egyptian civil law and Sharia law. [128] Sharia-based personal status law for Sunnis is based on Maliki fiqh, and for Shiites, their own Islamic school regulates personal status. [129] [130] Kuwait is attempting to block certain Internet content prohibited by Sharia law, such as pornography. [131] However, the Shia state applies a number of Sharia sanctions, with Amnesty International criticizing it in 2017 for its “continued use of cruel and inhuman punishments, including flogging, amputations, and forced blindness.” The judicial system includes Sharia courts and civil courts. Corporal punishment is a legal form of punishment in the UAE due to Sharia courts. Flogging is used in the UAE as punishment for crimes such as adultery, premarital sex and prostitution. [201] In most emirates, flogging of Muslims is common, particularly for adultery, prostitution, and drunkenness, with penalties ranging from 80 to 200 lashes.

[202] [203] Between 2007 and 2013, many people were sentenced to 100 lashes. [201] [204] [205] [206] [207] [208] [209] [210] In addition, several Muslims were sentenced to 80 lashes for drinking alcohol in 2010 and 2012. [211] [212] Under UAE law, premarital sex is punishable by 100 lashes. [213] Yes. Secular courts existed since the Umayyad period (661-750 AD) and the Abbasid period (from about 750 AD). These secular courts covered many practical issues for the nation, while Sharia judges dealt with issues they considered “religious matters,” including family law. Later, these two legal systems merged into a single system in which secular judges consulted Islamic scholars when needed. An Islamic scholar or mufti may offer a religious arrangement or fatwa based on his or her interpretation of Sharia law. A secular judge could then use the fatwa to make a legal decision.

Most countries in Europe and South America use a civil justice system.47 A civil law system is based on comprehensive legal systems that contain all the laws governing the country. Case law – that is, judicial decisions – is secondary to these codes. The decisions are binding only on the parties to the dispute, and do not constitute a precedent for subsequent cases on the same issues. While lawyers consult previous decisions when advising clients, judges are rarely required to follow precedents. For this reason, legal codes tend to be more extensive and detailed than in common law systems. Sharia is a religious law that is part of the Islamic tradition. [5] Traditional theory of Islamic jurisprudence knows four sources of Sharia: the Qur`an, the Sunnah (authentic hadith), the Qiyas (analogous thought) and the Ijma (legal consensus). [6] Various schools of jurisprudence – the most famous of which are Hanafi, Maliki, Shafi`i, Hanbali and Jafari – have developed methods for deriving Sharia rules from biblical sources. [7] [2] Traditional jurisprudence (fiqh) distinguishes two main branches of law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together cover a wide range of topics. [7] [8] Thus, some areas of Sharia overlap with the Western concept of law, while others in the broad sense correspond to living in accordance with God`s will. [2] Sharia refers to Islamic law.

It serves as a guideline for all legal matters in Saudi Arabia. In Sharia, and therefore in Saudi Arabia, there is no difference between the sacred and secular aspects of society. The European powers—notably Britain, France, and the Netherlands—controlled almost every country where Muslims now make up the majority of the population. The exceptions were Iran, Turkey and Saudi Arabia. There was strong colonial influence in these three countries, but there was no military conquest or occupation. The period of European colonialism began as early as the 1700s in some places, such as Indonesia (colonized by the Netherlands) and India (colonized by Britain). However, the effect of colonialism was strongest in the 1800s and early 1900s. It has a secular legal system with a strong influence of the modern Turkish legal system. It is not clear whether Northern Cyprus is a civil justice system or whether it uses common law.

[237] Corporal punishment. For certain crimes, such as theft, blasphemy, and adultery, traditional interpretations of Islamic law impose penalties that are considered draconian compared to those found in most modern legal systems.

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