"example community property. The legal system of Puerto Rico exhibits similarities to that of Louisiana: a civil code whose interpretations rely on both the civil and common law systems. Because Puerto Rico's Civil Code is based on the Spanish Civil Code of 1889, available jurisprudence has tended to rely on common law innovations due to the code's age and in many cases, obsolete nature. Several Islamic countries have civil law systems that contain elements of Islamic law. As an example, the Egyptian Civil Code of 1810 that developed in the early 19th century—which remains in force in Egypt is the"
"a more forceful ruling on an issue. The Ottoman state tended not to interfere with non-Muslim religious law systems, despite legally having a voice to do so through local governors. The Islamic ""Sharia"" law system had been developed from a combination of the Qur'an; the Hadīth, or words of the prophet Muhammad; ""ijmā'"", or consensus of the members of the Muslim community; qiyas, a system of analogical reasoning from earlier precedents; and local customs. Both systems were taught at the Empire's law schools, which were in Istanbul and Bursa. The Ottoman Islamic legal system was set up differently from traditional"
"do so through local governors. The Islamic ""Sharia"" law system had been developed from a combination of the Qur'an; the Hadīth, or words of the prophet Muhammad; ""ijmā'"", or consensus of the members of the Muslim community; qiyas, a system of analogical reasoning from earlier precedents; and local customs. Both systems were taught at the Empire's law schools, which were in Istanbul and Bursa. The Ottoman Islamic legal system was set up differently from traditional European courts. Presiding over Islamic courts would be a ""Qadi"", or judge. Since the closing of the ""ijtihad"", or ""Gate of Interpretation, Qadis ""throughout the"
"Sharia Sharia (), Sharia law, or Islamic law ( ) is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the Hadith. In Arabic, the term ""sharīʿah"" refers to God's immutable divine law and is contrasted with ""fiqh"", which refers to its human scholarly interpretations. It has been described as ""one of the major intellectual achievements of Islam"" and its importance in Islam has been compared to that of theology in Christianity. The manner of its application in modern times has been a subject of dispute between"
"of Allah. The primary sources of sharia are the precepts set forth in the Quranic verses (ayahs), and the example set by the Islamic prophet Muhammad in the Sunnah. The scope of sharia includes Islamic law as interpreted by Islamic judges (qadis) with varying responsibilities for the religious leaders. For questions not directly addressed in the primary sources, sharia includes consensus of the religious scholars (""ulama"") thought to embody the consensus of the Muslim Community (""ijma""). The legal systems of Muslim countries may be grouped as: mixed systems, classical sharia systems, and secular systems. Classical sharia systems are those where"
"in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises Quran as its constitution, and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last"
"Islamic state An Islamic state (, ""dawlah islāmiyyah"") is a type of government primarily based on the application of shari'a (Islamic law), dispensation of justice, maintenance of law and order. From the early years of Islam, numerous governments have been founded as ""Islamic"". However, the term ""Islamic state"" has taken on a more specific connotation since the 20th century. The concept of the modern Islamic state has been articulated and promoted by ideologues such as Ayatollah Ruhollah Khomeini, Israr Ahmed or Sayyid Qutb. Like the earlier notion of the caliphate, the modern Islamic state is rooted in Islamic law. It"
"Qanun (law) Qanun is an Arabic word (, ""qānūn""; , ""kānūn"", derived from ""kanōn"", which is also the root for the modern English word ""canon""). It can refer to laws established by Muslim sovereigns, in particular the Ottoman sultans, in contrast to sharia, the body of law elaborated by Muslim jurists. It is thus frequently translated as ""dynastic law"". The idea of ""kanun"" first entered the Muslim World in the thirteenth century, as it was borrowed from the Mongol Empire in the aftermath of their invasions. The 10th sultan of the Ottoman Empire, Suleiman was known in the Ottoman Empire"
"rule to have a law code comparable to Islamic or Jewish law. The Arabic version of the Syro-Roman law book has 130 articles and is titled ""Collection of All the Good Laws and Penalties of Kings Constantine, Theodosius and Leo"". It uses the term ""sunnah"" (law, custom) two centuries before the term became widely used in Islamic jurisprudence. It had influence on Islamic law in several areas, such as the law of succession. Syro-Roman law book The Syro-Roman law book (or Syro-Roman code) is a compilation of secular legal texts from the eastern Roman Empire originally composed in Greek in"
"the religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the Hadith. In Arabic, the term ""sharīʿah"" refers to God's divine law and is contrasted with ""fiqh"", which refers to its scholarly interpretations. The manner of its application in modern times has been a subject of dispute between Muslim traditionalists and reformists. Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, ""sunnah"" (Hadith and Sira), ""qiyas"" (analogical reasoning), and ""ijma"" (juridical consensus). Different legal schools developed methodologies for deriving sharia rulings from scriptural sources using"
"the formal ideology of law as it is written exists alongside the informal ideology of law as it is used. The discussion on the internal and external plurality of legal systems is called sociology of law. Sources of Islamic law include the Koran, Sunnah and Ijma, but most modern Western nation states take the basis of their legal system from the Christian superpowers of old (Britain, France etc.). That is also why moral laws found in the Bible have actually been made full-fledged laws, with the initial grundnorm set far back in legal history, hence fulfilling the priority of both"
"matters, and is still used in some religious communities. Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal system in some countries, such as Iran and Saudi Arabia. The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between individuals or organizations. Law provides a source of scholarly"
"law came from the legal scholars, this prevented the Caliph from dictating legal results. Laws were decided based on the ""Ijma"" (consensus) of the Ummah (community), which was most often represented by the legal scholars. In order to qualify as a legal scholar, it was required that they obtain a doctorate known as the ""ijazat attadris wa 'l-ifttd"" (""license to teach and issue legal opinions"") from a ""Madrasah"". In many ways, classical Islamic law functioned like a constitutional law. Practically, for hundreds of years after Rashidun Caliphate and until the twentieth century, Islamic states followed a system of government based"
"Neither the Government nor society in general accepts the concepts of separation of religion and state, and such separation does not exist. The legal system is based on Shari'a (Islamic law), with Shari'a courts basing their judgments largely on a code derived from the Quran and the Sunna. According to Human Rights Watch, Saudi Arabia ""systematically discriminates against its Muslim religious minorities, in particular Shia and Ismailis"", but the Government permits Shi'a Muslims to use their own legal tradition to adjudicate noncriminal cases within their community. In 2014, Saudi Arabia enacted new ""anti-terrorism"" legislation. Human Rights Watch criticized the broad"
"الله ""God’s Law"") is a common translation for תורת אלוהים (‘God’s Law’ in Hebrew) and νόμος τοῦ θεοῦ (‘God’s Law’ in Greek in the New Testament [Rom. 7: 22]). In Muslim literature, ""šarīʿah"" designates the laws or message of a prophet or God, in contrast to ""fiqh"", which refers to a scholar's interpretation thereof. According to the traditional Muslim view, there was no ""historical development"" of Islamic law and its major precepts were all known and passed down directly from the Islamic prophet Muhammad. The emergence of Islamic jurisprudence (""fiqh"") also goes back to the lifetime of Muhammad. In this"
"Islamic religious police The Islamic religious police ( ""muṭawwiʿ"", plural, ""muṭawwiʿūn"" (nom) and ""muṭawwiʿīn"" (acc and gen) – derived from classical Arabic: mutaṭawwiʿa/muṭṭawwiʿa) is the official vice squad of some Islamic states, who on behalf of the state, enforces Sharia law in respect to religious behavior (morality), or the precepts of Wahhabism. The establishment of a religious police is considered justified with the Quran doctrine, enjoining what is right and forbidding what is wrong or promotion of virtue and prevention of vice. Some controversy, though, exists and opinions are divided on the function or purpose of religious police; for example,"
"Faqeeh A Faqeeh (plural ""Fuqahā"", ) is an ""Islamic jurist"", an expert in fiqh, or Islamic jurisprudence and Islamic Law. Islamic jurisprudence or fiqh is the human understanding of the Sharia (believed by Muslims to represent divine law as revealed in the Quran and the ""Sunnah"" (the teachings and practices of the Islamic prophet Muhammad)) —sharia expanded and developed by interpretation (""ijtihad"") of the Quran and ""Sunnah"" by Islamic jurists (""Ulema"") and implemented by the rulings (""Fatwa"") of jurists on questions presented to them. ""Fiqh"" deals with the observance of rituals, morals and social legislation in Islam. In the modern"
"Often the implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However a thorough and detailed legal system generally requires human elaboration. For instance, the Quran has some law, and it acts as a source of further law through interpretation, ""Qiyas"" (reasoning by analogy), ""Ijma"" (consensus) and precedent. This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament, in the Pentateuch or Five Books of Moses. This contains the basic code of"
"use of religious police in areas under its control, commonly known as the Hisbah. Islamic religious police The Islamic religious police ( ""muṭawwiʿ"", plural, ""muṭawwiʿūn"" (nom) and ""muṭawwiʿīn"" (acc and gen) – derived from classical Arabic: mutaṭawwiʿa/muṭṭawwiʿa) is the official vice squad of some Islamic states, who on behalf of the state, enforces Sharia law in respect to religious behavior (morality), or the precepts of Wahhabism. The establishment of a religious police is considered justified with the Quran doctrine, enjoining what is right and forbidding what is wrong or promotion of virtue and prevention of vice. Some controversy, though, exists"
"Legal system of the United Arab Emirates The judicial system in the United Arab Emirates is based on the British law, civil law system with influences from Islamic, French, Roman and Egyptian laws. Under the Constitution, each Emirate is allowed to either establish its own judiciary or to merge with the federal court system. Federal Court System The UAE federal system includes courts of first instance (trial court), courts of appeal and the court of cassation (Supreme Court). State Court System The State (or Emirate) judicial system (النظام القضائي المحلي ""local judicial system"") has also trial, appeal and cassation courts."
"and ""Madrasas"" in Islam"" and the ""European commenda"" (Islamic ""Qirad"") may have also originated from Islamic law. The methodology of legal precedent and reasoning by analogy (""Qiyas"") are also similar in both the Islamic and common law systems. These influences have led some scholars to suggest that Islamic law may have laid the foundations for ""the common law as an integrated whole"". Fiqh Fiqh (; ) is Islamic jurisprudence. ""Fiqh"" is often described as the human understanding of the ""sharia,"" that is human understanding of the divine Islamic law as revealed in the Quran and the ""Sunnah"" (the teachings and"
"the prestige of the presiding mullah judge as much or more than on the government's sanction Since the sixteenth century AD Iran has been the only country in the world having Shi'ah Islam as its official religion, consequently the general principles of its legal system differed somewhat from those of other countries which followed Islamic law. Among the ways law in Iran and the rest of the Muslim world differed from European law was in its lack of a single law code. ""Thirteen centuries of Islamic—more particularly Shiah—tradition"" called for jurists to base decisions on their legal training as it"
"is modeled after the rule of Muhammad. However, unlike caliph-led governments which were imperial despotisms or monarchies (Arabic: ""malik""), a modern Islamic state can incorporate modern political institutions such as elections, parliamentary rule, judicial review, and popular sovereignty. Today, many Muslim countries have incorporated Islamic law, wholly or in part, into their legal systems. Certain Muslim states have declared Islam to be their state religion in their constitutions, but do not apply Islamic law in their courts. Islamic states which are not Islamic monarchies are usually referred to as Islamic republics. The first Islamic State was the political entity established"
"the ""ijazat attadris wa 'l-ifttd"" (""license to teach and issue legal opinions"") from a ""madrasa"". In many ways, classical Islamic law functioned like a constitutional law. 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, Islamic India, and the Ottoman Millet system. Legal scholar L. Ali Khan argues that Islam is fully compatible with democracy. In his book, ""A Theory of Universal Democracy"", Khan provides a critique of liberal democracy and"
"sharia plays a dominant role and is present in most areas of a nation's legal system. Iran, Saudi Arabia and Sudan are examples of classical sharia systems. Secular systems are those where sharia plays no role in the nation's legal system. Turkey is an example of a Muslim-majority nation with a secular system. Mixed systems are those where sharia is not dominant, but plays a significant role in one or more areas of the nation's legal system. This is observed in majority of Muslim nations. Article 222 of the Family Code of 1984 specifies sharia as the residuary source of"
"with Iranian Revolution where the Twelver Ayatollah Khomeini and his supporters established a new theory of governance for the Islamic Republic of Iran. It is based on Khomeini's theory of guardianship of the Islamic jurist as rule of the Islamic jurist, and jurists as ""legatees"" of Muhammad. While accept this theory, it is uniquely Twelver and the basis of the constitution of Iran, the largest Shi'a Muslim country, where the Supreme Leader must be an Islamic jurist. How to associate with a religious and judicial problem that its answer is not in the Quran and hadith. Regarding Ijtihad, Halm explains"
"entire system was regulated from above by means of the administrative ""Qanun"", i.e. laws, a system based upon the Turkic ""Yassa"" and ""Töre"", which were developed in the pre-Islamic era. These court categories were not, however, wholly exclusive: for instance, the Islamic courts, which were the Empire's primary courts, could also be used to settle a trade conflict or disputes between litigants of differing religions, and Jews and Christians often went to them to obtain a more forceful ruling on an issue. The Ottoman state tended not to interfere with non-Muslim religious law systems, despite legally having a voice to"
"Application of Islamic law by country Since the early Islamic states of the eighth and ninth centuries, Islamic law (known in Arabic as sharia) always existed alongside other normative systems. Within sharia, some crimes are known as ""hudud"", for which there are specific penalties specified by Islam. For example, according to some interpretations, adultery is punished by stoning, fornication and the consumption of alcohol by lashing, and theft by the amputation of limbs. Many predominately Muslim countries have not adopted ""hudud"" penalties in their criminal justice systems. The harshest penalties are enforced with varying levels of consistency, and although most"
"law, the major division are ""dar al-islam"" (lit. territory of Islam), denoting regions where Islamic law prevails, ""dar al-sulh"" (lit. territory of treaty) denoting non-Islamic lands which have concluded an armistice with a Muslim government, and ""dar al-harb"" (lit. territory of war), denoting adjoining non-Islamic lands whose rulers are called upon to accept Islam. Early Islamic jurists devised these terms to denote legal rulings for ongoing Muslim conquests almost a century after Muhammad. The first use of the terms was in Iraq by Abu Hanifa and his disciples Abu Yusuf and Al-Shaybani. Among those in the Levant, Al-Awza'i was leading"
"Hirschl has expanded on the distinction between constitutional theocracies and ordinary democracies in his article, 'Constitutional Courts vs. Religious Fundamentalism: Three Middle Eastern Tales."" where he says: ""The original text of Article 2 of the 1971 Egyptian Constitution read: 'Islam is the religion of the State, Arabic is its official language, and the principles of Islamic Shari’a are a principal source of legislation.' On May 22, 1980, the text of Article 2 was changed to read, 'Islam is the religion of the State, Arabic is its official language, and the principles of Islamic Shari’a are the principal source of legislation.'"
"(Abu Dawud). However, the basic human right in Islamic law was to demand an Islamic order and to live in it. Not included were any rights to differ with its rulers and defy its authority. According to Maududi, Islam had an ""unwritten constitution"" that needed ""to be transformed into a written one"". The constitution would not be the ""sharia"" (or the Quran, as Saudi Arabia's constitution is alleged to be) but a religious document based on ""conventions"" of the ""rightly guided caliphs"", and the ""canonized verdicts of recognized jurists"" (i.e. the ""sharia"") as well as the Quran and hadith. In"
"decrees, and plans general policies. Its jurisdictions are derived from French, Roman, Egyptian and Islamic law. There are three main branches of the court structure: civil, criminal, and sharia or Islamic (1) (the precepts are set forth in the Quranic verses and example set by the Islamic prophet Muhammad in the Sunnah). (2) Sharia or Islamic courts work alongside the civil and criminal courts. The responsibilities include civil matters between Muslims. Non-Muslims will not appear before a Sharia court in any matter due to the differences in religious beliefs. (3) Sharia or Islamic courts have the exclusive jurisdiction over family"
"strict reading of the sources of Islamic law, then God certainly would have expressed these conclusions already; thus, all that is necessary lies in the text. The second is that for man to seek the motive behind the commandments of God is not only a fruitless endeavor but a presumptuous one. Thus in the Ẓāhirī view, Islam as an entire religious system is tied to the literal letter of the law, no more and no less. The Ẓāhirī school of thought generally recognizes three sources of Islamic law within the principles of Islamic jurisprudence. The first is the Qur'an, considered"