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<!-- La '''Shari'a''' ({{lang-ar|شريعة}}, "[[wikt:legge|legge]]"; traslitterata anche come ''shariah'', ''sharīʿah'';<ref>Ritter, R.M. (editor) (2005). ''New Oxford Dictionary for Writers and Editors – The Essential A-Z Guide to the Written Word''. Oxford: [[Oxford University Press]]. p. 349.</ref> anche scritta قانون إسلامي ''qānūn ʾIslāmī'', ''la legge islamica'') costituisce il [[codice etico]] e la legge religiosa dell'[[Islam]]. La Shari'a si occupa di aspetti quali i crimini, la politica e l'[[finanza islamica|economia]], ma anche di questioni più personali e religiose come il sesso, l'igiene, la [[Ṣalāt|preghiera]], la dieta alimentare e il [[Sawm|digiuno]]. Sebbene le interpretazioni della Shari'a varino in culture diverse, nella sua definizione più stretta è considerata l'infallibile legge di [[Allah|Dio]], in contrapposizione con la sua interpretazione (''[[fiqh]]'').
Le due [[fonte primaria|fonti primarie]] della shari'a sono i precetti contenuti nel [[Corano]] e l'esempio del profeta [[Maometto]] come riportato nella [[Sunna]]. Dove mantiene lo status di legge ufficiale, la shari'a è interpretata da giudici islamici (''[[Qadi]]''), che in alcuni casi condividono la responsabilità con i leader religiosi (''[[Imam]]''). Per questioni non direttamente trattate nelle fonti primarie, l'applicazione della shari'a è estesa dopo il consenso degli studiosi (''[[ulema]]''), pensato per raccogliere il consenso della comunità musulmana (''[[Ijma']]''). A volte viene incorporata della giurisprudenza per analogia dal Corano e dalla Sunna tramite le cosiddette [[qiyas]], sebbene i giuristi [[Sciismo|sciiti]] preferiscano il ragionamento ('''aql'') all'analogia.
La reintroduzione della Sharia è uno degli obbiettivi dei movimenti [[islamismo|islamisti]] nei paesi musulmani, ma i tentativi di imporla hanno portato a controversie,<ref>Hamann, Katie (December 29, 2009). [http://www1.voanews.com/english/news/religion/Acehs-Sharia-Law-Still-Controversial-in-Indonesia-80257482.html "Aceh's Sharia Law Still Controversial in Indonesia"]. [[Voice of America]]. Retrieved September 19, 2011.</ref><ref>Iijima, Masako (January 13, 2010). [http://www.reuters.com/article/idUSTRE60D07420100114 "Islamic Police Tighten Grip on Indonesia's Aceh"]. [[Reuters]]. Retrieved September 18, 2011.</ref><ref>[http://www.thejakartapost.com/news/2010/02/08/aceh-sharia-police-loved-and-hated.html "Aceh Sharia Police Loved and Hated"]. ''[[The Jakarta Post]].</ref>, violenza,<ref>Staff (January 3, 2003). [http://news.bbc.co.uk/2/hi/africa/2632939.stm "Analysis: Nigeria's Sharia Split"]. [[BBC News]]. Retrieved September 19, 2011. "Thousands of people have been killed in fighting between Christians and Muslims following the introduction of sharia punishments in northern Nigerian states over the past three years".</ref><ref>Harnischfeger, Johannes (2008).<br />{{•}}
p. 16. "When the Governor of Kaduna announced the introduction of Sharia, although non-Muslims form almost half of the population, violence erupted, leaving more than 1,000 people dead."<br />{{•}} p. 189. "When a violent confrontation loomed in February 200, because the strong Christian minority in Kaduna was unwilling to accept the proposed sharia law, the sultan and his delegation of 18 emirs went to see the governor and insisted on the passage of the bill."</ref><ref>Mshelizza, Ibrahim (July 28, 2009). [http://www.independent.co.uk/news/world/africa/fight-for-sharia-leaves-dozens-dead-in-nigeria-1763253.html "Fight for Sharia Leaves Dozens Dead in Nigeria – Islamic Militants Resisting Western Education Extend Their Campaign of Violence"]. ''[[The Independent]]''. Retrieved September 19, 2011.</ref><ref>[http://www.pbs.org/newshour/bb/africa/nigeria/religous_violence.html "Nigeria in Transition: Recent Religious Tensions and Violence"]. [[PBS]].</ref><ref>Staff (December 28, 2010). [http://english.aljazeera.net/news/africa/2010/01/201012314018187505.html "Timeline: Tensions in Nigeria – A Look at the Country's Bouts of Inter-Religious and Ethnic Clashes and Terror Attacks"]. [[Al Jazeera English]]. Retrieved September 19, 2011. "Thousands of people are killed in northern Nigeria as non-Muslims opposed to the introduction of sharia, or Islamic law, fight Muslims who demand its implementation in the northern state of Kaduna.".</ref><ref>Ibrahimova, Roza (July 27, 2009). [http://english.aljazeera.net/news/africa/2009/07/2009727182749635965.html "Dozens Killed in Violence in Northern Nigeria"] (video (requires [[Adobe Flash]]; 00:01:49)). [[Al Jazeera English]]. Retrieved September 19, 2011. "The group Boko Haram, which wants to impose sharia (Islamic law) across the country, has attacked police stations and churches."</ref> e persino a guerre, come la [[Seconda guerra civile sudanese]].<ref>[http://countrystudies.us/sudan/63.htm]. ''[[Library of Congress Country Studies|Library of Congress Country Studies: Sudan:]]''. "The factors that provoked the military coup, primarily the closely intertwined issues of Islamic law and of the civil war in the south, remained unresolved in 1991. The September 1983 implementation of the sharia throughout the country had been controversial and provoked widespread resistance in the predominantly non-Muslim south ... Opposition to the sharia, especially to the application of hudud (sing., hadd), or Islamic penalties, such as the public amputation of hands for theft, was not confined to the south and had been a principal factor leading to the popular uprising of April 1985 that overthrew the government of Jaafar an Nimeiri".</ref><ref>{{Cita web|url=http://www.pbs.org/frontlineworld/stories/sudan/facts.html |titolo=PBS Frontline: "Civil war was sparked in 1983 when the military regime tried to impose sharia law as part of its overall policy to "Islamicize" all of Sudan." |editore=Pbs.org |data= |accesso=4 aprile 2012}}</ref><ref>{{dead link|date=September 2011}} {{clarify|date=September 2011|reason=doubt this is a headline/title. rather it is probably a quotation (from editorial/op-ed essay?) at moment, can't research easily with dead link.}} [http://media.washingtonpost.com/wp-srv/world/pdf/darfur_040707.pdf "The war flared again in 1983 after then-President Jaafar Nimeri abrogated the peace accord and announced he would turn Sudan into a Muslim Arab state, where Islamic law, or sharia, would prevail, including in the southern provinces. Sharia can include amputation of limbs for theft, public flogging and stoning. The war, fought between the government and several rebel groups, continued for two decades."] ([[Portable Document Format|PDF]]; requires [[Adobe Acrobat|Adobe Reader]]). ''[[The Washington Post]]''.</ref><ref>[[Bassam Tibi|Tibi, Bassam]] (2008). ''Political Islam, World Politics and Europe''. [[Routledge]]. p. 33. "The shari'a was imposed on non-Muslim Sudanese peoples in September 1983, and since that time Muslims in the north have been fighting a jihad against the non-Muslims in the south."</ref> In alcuni territori palestinesi e in alcuni paesi asiatici la shari'a continua ad essere riconosciuta istituzionalmente, ed è utilizzata nei giudizi dei processi. Nei paesi occidentali dove l'immigrazione islamica è più recente, alcune minoranze musulmane hanno introdotto la shari'a a livello familiare per le dispute civili come in [[Regno Unito]] con il ''Muslim Arbitration Tribunal''.
==Etimologia==
[[File:Countries with Sharia rule.png|thumb|400px|Paesi in cui la shari'a è riconosciuta come legge dello stato]]
Alcuni studiosi ritengono che la parola ''shari'a'' derivi dall'[[Arabo]] antico e significasse in origine "cammino da seguire"{{#tag:Ref|Irshad Abdal-Haqq founded the ''Journal of Islamic Law'' (later renamed the ''Journal of Islamic Law & Culture''), for which he wrote extensively until January 2002, when ownership was transferred to DePaul University.<ref>"About the Author" at [http://www.amazon.com/Brotherhood-Gods-Irshad-Abdal-Haqq/dp/140330273 Brotherhood of the Gods]{{dead link|date=November 2012}} [[Paperback]] by Irshad Abdal-Haqq, Amazon.com</ref>}}<ref name=haqq>Abdal-Haqq, Irshad (2006). ''Understanding Islamic Law – From Classical to Contemporary'' (edited by Aminah Beverly McCloud). Chapter 1 ''Islamic Law – An Overview of its Origin and Elements''. [[AltaMira Press]]. p. 4.</ref> oppure "cammino verso il pozzo d'acqua".{{#tag:Ref|{{as of|2011}},Bernard G. Weiss is a professor of Arabic and Islamic studies at the Middle East Center of the [[University of Utah]].<ref name=weiss1998 /><ref>[http://www.amazon.com/Bernard-G.-Weiss/e/B001JRX5JQ/ref=ntt_athr_dp_pel_1 Bernard G. Weiss], Amazon.com</ref>}} L'ultima traduzione deriva dall'importanza dell'acqua, e del tragitto necessario a raggiungerla in un ambiente desertico.<ref name=weiss1998>Weiss, Bernard G. (1998). ''The Spirit of Islamic Law''. Athens, Georgia: [[University of Georgia Press]]. p. 17. ISBN 978-0-8203-1977-3.</ref>
L'etimologia di ''shari'a'' come "via", "sentiero" o "cammino" deriva dal seguente versetto del Corano: "In seguito ti abbia posto sulla giusta via. Seguila, e non seguire le passioni di coloro che non conoscono nulla"{{cita corano|45|18}}<ref name="haqq"/> Abdul Mannan Omar nel suo ''Dictionary of the Holy Quran'' (''Dizionario del Sacro Corano''), ritiene che il termine "Via" in 45:18 derivi da ''shara'a'' (prf. terza p.m. sing.), nel senso di "egli ha ordinato". Il termine appare anche in altre forme: ''shara'u''{{cita corano|45|13}} (prf. terza p.m. plu.), "essi hanno decretato (una legge)"{{cita corano|42|21}}; e ''shir'atun'' (n.) nel significato di "legge spirituale".{{cita corano|5|48}}<ref>Omar, Abdul Mannân (2003). ''The Dictionary of the Holy Qur'ân – Arabic Words, English Meanings with Notes – Classical Arabic Dictionaries Combined''. Hockessin, Delaware: [[NOOR Foundation International]]. p. 287. ISBN 978-0-9632067-8-7.</ref>
==Definitions and descriptions==
Sharia, in its strictest definition, is a [[God in Islam|divine]] law, as expressed in the [[Qur'an]] and [[Sunnah|Muhammad's example]] (often called the ''sunnah''). As such, it is related to but different from [[fiqh]], which is emphasized as the human interpretation of the law.<ref>Esposito (2004), "Shariah", pg. 288</ref><ref>Calder, N. "Sharīa." ''[[Encyclopaedia of Islam]]''. "Within Muslim discourse, sharia designates the rules and regulations governing the lives of Muslims, derived in principle from the Kuran and hadith. In this sense, the word is closely associated with fiḳh [q.v.], which signifies academic discussion of divine law."</ref> Many scholars have pointed out that the sharia is not formally a code,<ref name="hamilton">{{Cita libro|autore= Gibb, Hamilton Alexander Rosskeen|titolo=Mohammedanism – An Historical Survey|editore=[[Oxford University Press]] |anno=1970|p=68|isbn=0-19-500245-8}}</ref> nor a well-defined set of rules.<ref name="hunt">Hunt Janin and Andre Kahlmeyer in ''Islamic Law: the Sharia from Muhammad's Time to the Present'' by Hunt Janin and Andre Kahlmeyer, McFarland and Co. Publishers, 2007, p. 3. ISBN 0786429216</ref> The sharia is characterized as a discussion on the duties of Muslims<ref name="hamilton"/> based on both the opinion of the Muslim community and extensive literature.<ref>''[http://www.hf.uib.no/smi/pao/vikor.html The Sharia and The Nation State: Who Can Codify the Divine Law?]'' p.2. Accessed 20 September 2005.</ref> Hunt Janin and Andre Kahlmeyer thus conclude that the sharia is "long, diverse, and complicated."<ref name="hunt"/>
From the 9th century, the power to interpret and refine law in traditional Islamic societies was in the hands of the scholars ([[ulema]]). This separation of powers served to limit the range of actions available to the ruler, who could not easily decree or reinterpret law independently and expect the continued support of the community.<ref>Basim Musallam, ''The Cambridge Illustrated History of the Islamic World edited by [[Francis Robinson]]''. [[Cambridge University Press]], 1996, p. 176.</ref> Through succeeding centuries and empires, the balance between the ulema and the rulers shifted and reformed, but the balance of power was never decisively changed.<ref>[[Marshall Hodgson]], ''[[The Venture of Islam]] Conscience and History in a World Civilization Vol 3''. [[University of Chicago]], 1958, pp. 105–108.</ref> At the beginning of the nineteenth century, the Industrial Revolution and the French Revolution introduced an era of European world [[hegemony]] that included the domination of most of the lands of Islam.<ref>[[Marshall Hodgson]], ''The Venture of Islam Conscience and History in a World Civilization Vol 3''. [[University of Chicago]], 1958, pp. 176–177.</ref><ref>Sarah Ansari, ''The Cambridge Illustrated History of the Islamic World edited by Francis Robinson''. [[Cambridge University Press]], 1996, p. 90.</ref> At the end of the Second World War, the European powers found themselves too weakened to maintain their empires.<ref>[[Marshall Hodgson]], ''The Venture of Islam Conscience and History in a World Civilization Vol 3''. [[University of Chicago]], 1958, pp. 366–367.</ref> The wide variety of forms of government, systems of law, attitudes toward modernity and interpretations of sharia are a result of the ensuing drives for independence and modernity in the Muslim world.<ref>Ansari, Sarah. ''The Cambridge Illustrated History of the Islamic World edited by Francis Robinson''. [[Cambridge University Press]], 1996, pp. 103– 111.</ref><ref>[[Marshall Hodgson|Hodgson, Marshall]]. ''The Venture of Islam Conscience and History in a World Civilization Vol 3''. [[University of Chicago]], 1958, pp. 384–386.</ref>
===Fonti della shari'a===
Le fonti della shari'a sono due: il [[Corano]] e la [[Sunna]]. Secondo la visione musulmana, il Corano è l'immutabile parola di Dio. Mentre la gran parte del Corano esorta i musulmani a principi morali generici, solo 80 versetti contengono prescrizioni legali specifiche.<ref>Stadnke (2008), p. 3</ref> La Sunna contiene la vita e gli esempi del profeta Maometto. L'importanza della Sunna come fonte di legge è confermata in molti punti dal Corano (ad esempio {{cita corano|33|21}}).<ref>Ramadan (2006), p.4</ref> La Sunna è contenuta prevalentemente negli [[hadith]], cioè i resoconti dei detti di Maometto, delle sue azioni, della sua tacita approvazione delle azioni altrui e del suo comportamento. Mentre il Corano è unico, ci sono moltissime raccolte di hadith, e si ritiene che le più autentiche siano quelle scritte durante il periodo [[sahih]] (850 to 915 CE). The [[Six major Hadith collections|six acclaimed Sunni collections]] were compiled by (in order of decreasing importance) [[Muhammad al-Bukhari]], [[Muslim ibn al-Hajjaj Nishapuri|Muslim ibn al-Hajjaj]], [[Abu Dawood]], [[Tirmidhi]], [[Al-Nasa'i]], [[Ibn Majah]]. The collections by al-Bukhari and Muslim, regarded the most authentic, contain about 7,000 and 12,000 hadiths respectively (although the majority of entries are repetitions). The hadiths have been evaluated on authenticity, usually by determining the reliability of the narrators that transmitted them.<ref>Ramadan (2006), p.12-13</ref> For Shi'ites, the Sunnah may also include anecdotes [[The Twelve Imams]].<ref name="Glenn, H. Patrick 2007. p. 199">Glenn, H. Patrick (2007). p. 199.</ref>
The process of interpreting the two primary sources of Islamic law is called ''[[fiqh]]'' (literally meaning "intelligence") or [[Islamic jurisprudence]]. While the above two sources are regarded as infallible, the fiqh standards may change in different contexts. Fiqh covers all aspects of law, including religious, civil, political, constitutional and procedural law.<ref name=R57>Ramadan (2006), p.5-7</ref> Fiqh depends on 4 sources:<ref name=R57/>
#Interpretations of the Qur'an
#Interpretations of the Sunnah
#[[Ijma]], consensus amongst scholars ("collective reasoning")
#[[Qiyas]]/[[Ijtihad]] analogical deduction ("individual reasoning")
Amongst the sources unique to fiqh, i.e. ijma and qiyas/ijtihad, the former is preferred.<ref name=R57/> In Shi'a jurisprudence the fourth source may be expanded to include formal [[logic]] (''[[Logic in Islamic philosophy|mantiq]]'').<ref>{{Cita web|url=http://al-islam.org/index.php?t=258&cat=258 |titolo=by the Ahlul Bayt DILP - Hawza - Advanced Islamic Studies |editore=Al-islam.org |data= |accesso=4 aprile 2012}}</ref> Historically the fiqh also came to include comparative law,<ref name="Glenn, H. Patrick 2007. p. 199"/> local customs (''[[urf]]'')<ref name="H. Patrick Glenn 2007, pg. 201"/> and laws motivated by public interest, so long as they were allowed by the above four sources.<ref name="H. Patrick Glenn 2007, pg. 201">Glenn, H. Patrick (2007). p. 201.</ref> Because of the involvement of human interpretation, the fiqh is considered fallible, and thus not a part of Sharia (although scholars categorize it as Islamic law).<ref name=R57/>
There exist five schools of thought of fiqh, all founded within the first four centuries of Islam. Four are Sunni [[Hanafi]], [[Maliki]], [[Shafi'i]] and [[Hanbali]] and one Shia: [[Ja'afri]] (followed by most
[[Shia Islam|Shia Muslims]]<ref>Hallaq 1997, Brown 1996, Aslan 2006.</ref>) Many Islamic scholars today advocate renewed approaches to fiqh that don't necessarily follow the traditional five allegiances.<ref name=R57/> The [[Salafi]] movement attracts followers from various schools of fiqh, and is based on the Quran, Sunnah and the actions and sayings of the first three generations of Muslims.<ref>[[John Esposito|Esposito, John L.]] (2010). ''The Future of Islam''. [[Oxford University Press]]. p. 74–77.</ref>
===Modern perspectives===
Muslims have responded in a variety of ways to the forces of modernity. These responses cross the lines of tradition, sect and school. They affect the way sharia is interpreted by individuals in their personal lives, and the extent to which sharia is implemented in the public sphere by the state. These diverse movements can be referred to collectively as contemporary sharia(s).<ref>Otto, Jan Michiel (2008). p. 10.</ref>
====Spectrum of Muslim legal systems====
The legal systems in 21st century Muslim-majority states can be classified as follows:
*Sharia in the secular Muslim states: Muslim countries such as [[Mali]], [[Kazakhstan]], and [[Turkey]] have declared themselves to be secular, meaning religious interference in state affairs, law, and politics is prohibited. In short, sharia is limited to personal and family matters.<ref>Otto, Jan Michiel (2008) p. 9.</ref>
**The [[Nigeria]]n legal system is based on the [[English common law]] and the constitution guarantees freedom of religion and [[separation of church and state]], though 11 northern states have adopted sharia for those who practice Islam.<ref>{{Cita pubblicazione|url=http://www.umes.edu/WorkArea/showcontent.aspx?id=33898
|ISSN=1554-3897
|rivista=[[African Journal of Criminology and Justice Studies]]
|volume=4 |numero=2 |data=April 2011
|titolo=The Problems of Administration of Justice on Female Offenders in Nigeria
|autore=Chioma Daisy Ebeniro, PhD
|accesso= 26 giugno 2011}}</ref>
**[[Malaysia]]'s legal system is also based on the English common law, and so sharia law is only applicable to Muslims and is restricted to family law and religious observances. Although the Malaysian [[Constitution of Malaysia|Constitution]] declares Islam the "official religion" with ceremonial [[Monarchies in Malaysia|rulers]] as head of Islam in their respective states, other religions may be freely practiced (albeit with restrictions on [[Proselytism|proselytizing]] to Muslims).
*Muslim states with blended sources of law: Muslim countries including [[Pakistan]], [[Indonesia]], [[Afghanistan]], [[Egypt]], [[Sudan]], and [[Morocco]] have legal systems strongly influenced by sharia, but also cede ultimate authority to their constitutions and the rule of law. These countries conduct democratic elections, although some are also under the influence of authoritarian leaders. In these countries, politicians and jurists make law, rather than religious scholars. Most of these countries have modernized their laws and now have legal systems with significant differences when compared to classical sharia.<ref>Otto, Jan Michiel (2008). p. 8.</ref>
*Muslim states using classical sharia: [[Saudi Arabia]] and some of the [[Arab States of the Persian Gulf|Gulf states]] do not have constitutions or legislatures. Their rulers have limited authority to change laws, since they are based on sharia as it is interpreted by their religious scholars. [[Iran]] shares some of these characteristics, but also has a parliament that legislates in a manner consistent with sharia.<ref>Otto, Jan Michiel (2008). pp. 8–9.</ref>
====Factors influencing the modern role of sharia law====
Against the backdrop of differing religious sects, scholarship, classical schools of thought, and governmental implementations, the following forces are at work influencing future developments in sharia law.
=====Rapid exchange of cultures and ideas=====
Around the world, Muslims are becoming more connected by the Internet and modern communications. This is leading to wider exchanges of ideas and cultures. Reactionary and fundamentalist movements are unlikely to halt this trend, as the sharia itself defends the right to privacy within the home.<ref>Lapidus, Ira (1996). ''The Cambridge Illustrated History of the Islamic World edited by Francis Robinson''. [[Cambridge University Press]]. pp. 293–296 see Bibliography for Conclusion.</ref>
=====Schools of thought=====
Modernists, traditionalists and fundamentalists all hold different views of sharia, as do adherents to different schools of Islamic thought and scholarship. Legal scholar L. Ali Khan claims that "the concept of sharia has been thoroughly confused in legal and common literature. For some Muslims, sharia consists of the [[Quran and Sunnah]]. For others, it also includes classical [[fiqh]]. Most encyclopedias define sharia as law based upon the Quran, the Sunnah, and classical fiqh derived from consensus (ijma) and analogy (qiyas). This definition of sharia 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 Quran and the Sunnah. The Quran 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."<ref>[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=935607 "The Second Era of Ijtihad"]. 1 ''[[St. Thomas University Law Review]]''. 341.</ref>
=====Revival of the religion=====
Simultaneously with liberalizing and modernizing forces, trends towards fundamentalism and movements for Islamic political power are also taking place. There has been a growing religious revival in Islam, beginning in the eighteenth century and continuing today. This movement has expressed itself in various forms ranging from wars to efforts towards improving education.<ref>Lapidus, Ira (edited by Francis Robinson) (1996). ''The Cambridge Illustrated History of the Islamic World''. [[Cambridge University Press]]. p. 292. ''see Bibliography for Conclusion.''</ref>
''A return to traditional views of sharia:'' There is a long-running worldwide movement underway by Muslims towards a better understanding and practice of their religion. Encouraged by their scholars and imams, Muslims have moved away from local customs and culture, and towards more universally accepted views of Islam. This movement towards traditional religious values served to help Muslims cope with the effects of European colonization. It also inspired modernist movements and the formation of new governments.<ref>Lapidus, Ira (1996). ''The Cambridge Illustrated History of the Islamic World edited by Francis Robinson''. [[Cambridge University Press]], 1996, pp. 292–293 see Bibliography for Conclusion.</ref>
''The Islamist movement:'' Since the 1970s, the [[Islamist]] movements have become prominent; their goals are the establishment of Islamic states and sharia not just within their own borders, their means are political in nature. The Islamist power base is the millions of poor, particularly urban poor moving into the cities from the countryside. They are not international in nature (one exception being the [[Muslim Brotherhood]]). Their rhetoric opposes western culture and western power.<ref name="Ira Lapidus 1996, pg. 296">Lapidus, Ira (1996). ''The Cambridge Illustrated History of the Islamic World edited by Francis Robinson''. [[Cambridge University Press]] p. 296. ''see Bibliography for Conclusion.''</ref> Political groups wishing to return to more traditional Islamic values are the source of threat to Turkey's secular government.<ref name="Ira Lapidus 1996, pg. 296"/> These movements can be considered neo-Sharism.<ref>[[Marshall Hodgson|Hodgson, Marshall]] (1958). ''The Venture of Islam Conscience and History in a World Civilization Vol 3''. [[University of Chicago]].p. 386–392.</ref>
''The Fundamentalist movement:'' Fundamentalists, wishing to return to basic religious values and law, have in some instances imposed harsh sharia punishments for crimes, curtailed civil rights, and violated human rights. These movements are most active in areas of the world where there was contact with Western colonial powers.<ref>Horrie, Chris; Chippindale, Peter (1991). p. 4.</ref>
''Extremism:'' Extremists have used the Quran and their own particular version of sharia<ref>Horrie, Chris; Chippindale, Peter (1991). p. 100.</ref> to justify acts of war and terror against Western individuals and governments, and also against other Muslims believed to have Western sympathies.
<ref>Ira Lapidus, ''The Cambridge Illustrated History of the Islamic World edited by Francis Robinson''. Cambridge University Press, 1996, pp. 297-298 see Bibliography for Conclusion.</ref> Friction between the West and Islam, particularly with regard to the [[Israeli–Palestinian conflict|Palestinian question]], continues to fuel this conflict.<ref>Horrie, Chris; Chippindale, Peter (1991). pp. 96–100.</ref>
===Immutability of God's will===
Although there are many different interpretations of sharia, and differing perspectives on each interpretation, there is consensus among Muslims that sharia is a reflection of God's will for humankind. Sharia must therefore be, in its purest sense, perfect and unchanging.<ref>''"You shall not find a change in Allah's course."'' TMQ 48:23</ref> The evolution or refinement of sharia is an effort to reflect God's will more perfectly.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from [[Arabic language|Arabic]] (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). Introduction p. viii. "While such affiliations, and indeed much of what can be termed traditional Sunni Islam, have not been spared the criticism of certain post-Caliphal Muslim writers and theorists, the authors of the present volume and their positions do represent the orthodox Muslim intellectual and spiritual heritage that has been the strength of the Community for over a thousand years, and the means through which Allah has preserved His religion, in its purest and fullest sense, to the present day."</ref>
===Distinction between sharia law and customary law===
According to Jan Michiel Otto, Professor of Law and Governance in Developing Countries at [[Leiden University]], "Anthropological research shows that people in local communities often do not distinguish clearly whether and to what extent their norms and practices are based on local tradition, tribal custom, or religion. Those who adhere to a confrontational view of sharia tend to ascribe many undesirable practices to sharia and religion overlooking custom and culture, even if high-ranking religious authorities have stated the opposite." Otto's analysis appears in a paper commissioned by the [[Ministry of Foreign Affairs (Netherlands)|Netherlands Ministry of Foreign Affairs]].<ref>Otto, Jan Michiel (2008). p. 30.</ref>
==Characteristics==
===Fiqh===
{{Fiqh}}{{Arabicterm|'''فقه'''|Fiqh|[[Islamic]] [[jurisprudence]]}}
The formative period of ''[[fiqh]]'' stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory.<ref>Weiss (2002), pp. 3, 161.</ref> 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 ''[[Al-Risala (book)|Al-Risala]]''. The book details the four roots of law (Quran, Sunnah, ''ijma'', and ''qiyas'') while specifying that the primary [[List of Islamic texts|Islamic texts]] (the Quran and the ''[[hadith]]'') be understood according to objective rules of interpretation derived from careful study of the Arabic language.<ref>Weiss (2002). p. 162.</ref>
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.<ref name=Makdisi>{{Harvnb|Makdisi|1999}}</ref><ref name=Badr/><ref name=Gamal>{{Harv|El-Gamal|2006|p=16}}</ref><ref name=Makdisi-2005>{{Harvnb|Makdisi|2005}}.</ref>
====Categories of human behaviour====
Fiqh classifies behaviour into the following types or grades: [[fard]] (obligatory), [[mustahabb]] (recommended), [[mubah]] (neutral), [[makruh]] (discouraged), and [[haraam]] (forbidden). Every human action belongs in one of these five categories.<ref name="Peter Chippindale pg. 46">Horrie, Chris; Chippindale, Peter (1991). p. 46.</ref>
:Actions in the fard category are those required of all Muslims. They include the five daily prayers, fasting, articles of faith, obligatory charity, and the [[hajj]] pilgrimage to Mecca.<ref name="Peter Chippindale pg. 46"/>
:The mustahabb category includes proper behaviour in matters such as marriage, funeral rites and family life. As such, it covers many of the same areas as civil law in the West. Sharia courts attempt to reconcile parties to disputes in this area using the recommended behaviour as their guide. A person whose behaviour is not mustahabb can be ruled against by the judge.<ref name="Peter Chippindale pg. 46-47">Horrie, Chris; Chippindale, Peter (1991). pp. 46–47.</ref>
:All behaviour which is neither discouraged nor recommended, neither forbidden nor required is of the Mubah; it is permissible.<ref name="Peter Chippindale pg. 46"/>
:Makruh behaviour, while it is not sinful of itself, is considered undesirable among Muslims. It may also make a Muslim liable to criminal penalties under certain circumstances.<ref name="Peter Chippindale pg. 46-47"/>
:Haraam behaviour is explicitly forbidden. It is both sinful and criminal. It includes all actions expressly forbidden in the Quran. Certain Muslim dietary and clothing restrictions also fall into this category.<ref name="Peter Chippindale pg. 46"/>
The recommended, neutral and discouraged categories are drawn largely from [[hadith|accounts]] of the life of the Islamic Prophet Muhammad. To say a behaviour is [[sunnah]] is to say it is recommended as an example from the life and sayings of Muhammad. These categories form the basis for proper behaviour in matters such as courtesy and manners, interpersonal relations, generosity, personal habits and hygiene.<ref name="Peter Chippindale pg. 46"/>
===Topics of Islamic law===
Shari'ah law can be organized in different ways and Professor Abdur Rahman I. Doi, author of ''Shari'ah: The Islamic Law''<ref>Doi ARI. Shariah: The Islamic Law, AS Noordeen Publishers, Kuala Lumpur, ISBN 9679963330</ref><ref>{{Cita web|url=http://www.abdurrahmandoi.net |titolo=Online Book |editore=Abdurrahmandoi.net |data= |accesso=26 novembre 2012}}</ref> has divided Shari'ah content into five main branches:
# ''Family relations''
# ''Crime and punishment''
# ''Inheritance and disposal of property''
# ''The economic system''
# ''External and other relations''
"Reliance of the Traveller", an English translation of a fourteenth century CE reference on the Shafi'i school of fiqh written by Ahmad ibn Naqib al-Misri, organizes sharia law into the following topics:
# Purification
# Prayer
# Funeral prayer
# Taxes
# Fasting
# Pilgrimage
# Trade
# Inheritance
# Marriage
# Divorce
# Justice
In some areas, there are substantial differences in the law between different schools of fiqh, countries, cultures and schools of thought.
====Purification====
In Islam, purification has a spiritual dimension and a physical one. Muslims believe that certain human activities and contact with impure animals and substances cause impurity. Classic Islamic law details how to recognize impurity, and how to remedy it. Muslims use water for purification in most circumstances, although earth can also be used under certain conditions. Before prayer or other religious rituals, Muslims must clean themselves in a prescribed manner. The manner of cleansing, either [[wudhu]] or [[ghusl]], depend on the circumstances. Muslims' cleaning of dishes, clothing and homes are all done in accordance with stated laws.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 49–100.</ref><ref>Horrie, Chris; Chippindale, Peter (1991). pp. 36–37.</ref>
====Prayer====
Muslims are enjoined to pray five times each day, with certain exceptions. These obligatory prayers, [[salat]], are performed during prescribed periods of the day, and most can be performed either in groups or by oneself; although it is recommended to pray in a group. There are also optional prayers which can be performed, as well as special prayers for certain seasons, days and events. Muslims must turn to face the [[Kaaba]] in [[Mecca]] when they pray, and they must be purified in order for their prayers to be accepted. Personal, informal prayer and invocation is practiced as well. Classic Islamic law details many aspects of the act of prayer, including who can pray, when to pray, how to pray, and where to pray.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 101–219.</ref><ref>Horrie, Chris; Chippindale, Peter (1991). pp. 33–37.</ref>
====Funeral prayer====
Muslims are encouraged to visit those among them who are sick and dying. Dying Muslims are reminded of God's mercy, and the value of prayer, by those who visit them. In turn, the visitors are reminded of their mortality, and the transient nature of life. Upon death, the Muslim will be washed and shrouded in clean, white cloth. A special prayer, [[Salat al-Janazah|Janazah]], is performed for the deceased, preferably by the assembled Muslim community. The body is taken to a place which has ground set aside for the burial of Muslims. The grave is dug perpendicular to the direction of Mecca, and the body is lowered into the grave to rest on its side, with the face turned towards Mecca. Classic Islamic law details visitation of the ill, preparation of the dead for burial, the funeral prayer and the manner in which the Muslim is buried.<ref>Ahmad ibn Naqib al-Misri. ''Reliance of the Traveler'' (edited and translated by Nuh Ha Mim Keller), pp. 220–243.</ref>
====Alms====
All Muslims who live above the subsistence level must pay an annual [[Alms#Islam|alms]], known as ''[[zakat]]''. In the modern sense, this would be Islam's equivalent to US [[Social Security (United States)|Social Security]] or UK [[National Insurance]]. This is not charity, but rather an obligation owed by the eligible Muslim to the poor of the community. The amount is calculated based on the wealth of the Muslim. There is no fixed rate stated in Quran; but the generally practiced rate is 2.5 percent. Eligibility and total payable varies; depending on the type and quantity of wealth being assessed.<ref>[http://www.al-islam.org/laws/zakat1.html#1904]. [[Ahlul Bayt Digital Islamic Library Project]].</ref> If the Government wishes to create a comprehensive and robust welfare state, the rate can be increased. Wealth includes savings, jewelry and land. Classic Islamic law details the tax, how it is assessed, its collection, and its distribution.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 244–276.</ref><ref>Horrie, Chris; Chippindale, Peter (1991). pp. 37–38.</ref>
====Fasting====
During the Islamic month of [[Ramadan]], Muslims abstain from food and drinks between dawn and sunset. Exceptions to this obligation are made for children who are pre-pubescent, the infirm, travelers, and pregnant or menstruating women.<ref>Locke, D. C. 1997, " Increasing Multicultural Understanding: A Comprehensive Model, 2nd ed. Sage Publications, p. 217-18.</ref> During Ramadan, the daylight hours will often begin and end with a large meal. After dinner, many Muslims participate in special communal prayers held during Ramadan. The end of Ramadan fasting is [[Eid ul-Fitr|celebrated]] with special prayers, gatherings of family and friends, and specially prepared meals. Muslims may also fast on other special days of the year, and to make up for missed days of fasting. Classic Islamic law details the exact definition of the fast, the times of fasting, how a fast may be broken, who must fast, and permitted exceptions to the fast.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 277–296.</ref><ref>Horrie, Chris; Chippindale, Peter (1991). p. 38.</ref>
====Pilgrimage====
At least once in each Muslim's lifetime, they must attempt [[hajj|a visit to the Holy Places]] of Islam located in Mecca, Saudi Arabia. The focus of this journey is the [[Kaaba]], a small rectangular building around which a [[Masjid al-Haram|huge mosque]] has been built. This pilgrimage, known as the Hajj, begins two months after Ramadan each year. Dressed in [[ihram|symbolically simple clothing]], Muslim pilgrims [[tawaf|circle the Kaaba]] seven times, often followed by a drink from [[Zamzam Well|a special stream]]. Next, a [[sa'yee|symbolic search for water]] is performed by travelling back and forth between two nearby peaks. On the eighth day of the month, the pilgrims travel to [[Mina, Saudi Arabia|Mina]] in the desert and spend the night in tents. The following day, over two million Muslims gather on the slopes of [[Mount Arafat]], where the afternoon is spent in prayer. The [[Eid ul-Adha|Feast of Sacrifice]], celebrated by Muslims worldwide, is performed by pilgrims in Mina the next day, and includes the slaughter of an animal. Finally, the pilgrims perform a ritual [[Stoning of the Devil]] by tossing pebbles at three pillars. Classic Islamic law details the manner in which the pilgrim dresses, behaves, arrives, departs and performs each of these rituals.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 297–370.</ref><ref>Horrie, Chris; Chippindale, Peter Chippindale (1991). pp. 39–43.</ref>
====Trade====
Islamic law recognizes private and community property, as well as overlapping forms of entitlement for charitable purposes, known as [[waqf]] or trusts. Under sharia law, however, ownership of all property ultimately rests with God; while individual property rights are upheld, there is a corresponding obligation to share, particularly with those in need.<ref>Glenn, H. Patrick (2007). p. 183.</ref> The laws of contract and obligation are also formed around this egalitarian Quranic requirement, prohibiting unequal exchanges or unfair advantage in trade. On this basis, the charging of interest on loans is prohibited, as are other transactions in which risks are borne disproportionately to the potential returns between parties to a transaction. The limits on personal liability afforded by incorporation are seen as a form of usury in this sense, as is insurance. All these inequities in risk and reward between parties to a transaction, known collectively as [[riba]], are prohibited.<ref>Glenn, H. Patrick (2007). p. 184.</ref> For this reason, Islamic banking and financing are partnerships between customers and institutions, where risk and reward are distributed equitably. Partnerships, rather than corporations, are the key concept in collective Islamic business. Financing and investments are accomplished in this manner, as purchases and resales, with equity shifting over time between the institution and the client as payments are made or returns are recognized. Conversely, no individual is shielded from the consequences of poor judgement or bad timing.<ref>Glenn, H. Patrick (2007). p. 185.</ref> The Islamic financial and investment models have taken root in the West and begun to flourish.<ref>[[James Crotty (economist)|Crotty, James]] (2009). "Structural Causes of the Global Financial Crisis – A Critical Assessment of the 'New Financial Architecture'". ''[[Cambridge Journal of Economics]]''. [[Oxford University Press]]. Volume 33, Number 4. p. 565. [http://cje.oxfordjournals.org/cgi/content/full/33/4/563 Oxfordjournals.org].</ref><ref>Glenn, H. Patrick (2007). p. 286.</ref> Classic Islamic law details the manner of contracting, the types of transactions, the assignment of liability and reward, and the responsibilities of the parties in Islamic trade.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 371–459.</ref>
====Inheritance====
{{See also|Islamic inheritance jurisprudence}}
The rules of inheritance under sharia law are intricate, and a female's portion is generally half the amount a male would receive under the same circumstances.<ref>Horrie, Chris; Chippindale, Peter (1991). p. 52. This is so because it is considered the responsibility of the males in the family to take care of the women, their sisters (if they are unmarried) and their mothers.{{clarify|date=September 2011|reason=the prose was embedded in middle of full citation before condensing (i.e., when showing publisher, title, etc.). is it a quotation from the book? or is it straight prose of this wiki article that was, at some point, misplaced? needs research.}}</ref> Up to one third of a person's property may be distributed as [[bequest]]s, or wasiyya, upon their death. After debts are settled, the remainder of the estate will be divided among the family of the deceased according to the rules of inheritance, or irth.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 462–464.</ref> In Islamic societies, inherited wealth and property do not easily accumulate to, or remain in, certain families. Large concentrations of property will be divided into smaller portions over time among male inheritors. Property will tend to flow to other families as female inheritors take their shares into their marriages.<ref>[[Marshall Hodgson]] (1958). ''The Venture of Islam Conscience and History in a World Civilization Vol 1''. [[University of Chicago]]. p. 343.</ref> Classic Islamic law details the division of property, the shares family members are entitled to, adjustments and redistributions in the shares, orders of precedence among inheritors, and substitution among inheritors.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 460–505.</ref>
====Marriage====
{{Main|Islamic marital jurisprudence|Divorce (Islamic)|Nikah}}
The laws governing Islamic marriage vary substantially between sects, schools, states and cultures. The following outline is general in nature.
Marriage is mentioned in the Quran: '''[[nikah]]'''. It aims to be permanent, but can be terminated by the husband in the [[Talaq (Nikah)|talaq]] process, or by the wife seeking divorce using [[khul']].
In '''nikah''' the couples inherit from each other. A dowry known as [[mahr]] is given to the bride, a legal contract is signed when entering the marriage, and the husband must pay for the wife's expenses. For the contract to be valid there must be two witnesses under Sunni jurisprudence. There is no witness requirement for Shia contracts. 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 into nikah mut'ah.
Under Shia jurisprudence, '''nikah mut'ah''' is the second form of marriage. It is [[Haraam]] ("sinful") according to Sunni Muslim scholars. It is a fixed-term marriage, which is a marriage with a preset duration, after which the marriage is automatically dissolved. Traditionally the couple does not inherit from each other, the man usually is not responsible for the economic welfare of the woman, and she usually may leave her home at her own discretion. Nikah mut'ah does not count towards the maximum of four wives the Quran allows to Muslim men. The woman is still given her mahr dowry, and the woman must still observe the [[iddah]], a period of five 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. There is controversy about the Islamic legality of this type of marriage since the Prophet Muhammad is said by Sunnis to have prohibited the practice after having temporarily allowed it.
A third type of marriage contract, known as '''[[misyar]]''', is emerging in Sunni Islam. This marriage is not for a fixed period of time like nikah mut'ah, but is similar in other respects including lack of inheritance, lack of financial responsibility and freedom of movement on the part of the wife. In misyar marriage, the couple need not cohabit. There is controversy regarding this form of marriage and most Sunni scholars disagree with the basis of misyar marriage.
Muslims do, on occasion, marry according to '''[[urf]]''', or local custom, without following the requirements set forth in sharia law. This may be done for various reasons, such as an inability of the couple to obtain permission from the bride's guardian. In these cases, they may find their marriage to be unrecognized at a later point, and have difficulty availing themselves of legal remedies under sharia.
Requirements for Islamic Marriages:
* The man who is not currently a fornicator{{clarify|date=September 2012}} may marry only a woman who is not currently a fornicatress or a chaste woman, a Muslim one or one from the people of the Book (Jews and Christians).
* The woman who is not currently a fornicatress may marry only a man who is not currently a fornicator.
* The fornicator may marry only a fornicatress.
* The Muslim woman may marry only a Muslim man.
* Permission for a virgin female to marry must be given by her guardian, usually her father.
* Any Muslim woman may demand her guardian marry her to a Muslim male, provided he is suitable. If the guardian refuses, a judge will effect the marriage.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). p. 521.</ref>
* The father, or in some cases the paternal grandfather, may choose a suitable partner for a virgin girl.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). p. 522.</ref>
* The guardian may not marry the divorced woman or the widow if she did not ask to be married.
* Without the permission of the girl an Islamic marriage is considered invalid.
* It is obligatory for a man to give [[bride price|bride wealth]] (gifts) to the woman he marries – "Do not marry unless you give your wife something that is her right."<ref name = "maghniyah">[http://huquq.com/maghniyah Islamic Law, الشريعة الإسلامية, islamic law sharia]{{dead link|date=April 2012}}</ref>
=====Polygamy=====
The Qur'an permits a Muslim man to marry more than one woman at a time (up to a maximum of four), but does not encourage such behaviour. Polygamy is only permitted in certain circumstances, such as when the death of another man has left his wife with no other means of support.<ref name= Pohl/> All wives are entitled to separate living quarters at the behest of the husband and, if possible, all should receive equal attention, support, treatment and inheritance. In modern practice, it is uncommon for a Muslim man to have more than one wife; if he does so, it is often due to the infertility of his first wife. The practice of polygamy has been regulated or abolished in some Muslim states.<ref name= Pohl>{{Cita libro|cognome=Pohl|nome=Florian |titolo=Modern Muslim Societies|url=http://books.google.com/books?id=n4Eye4ilLVkC|anno=2010|editore=Marshall Cavendish|isbn=978-0-7614-7927-7|capitolo=Polygamy|urlcapitolo=http://books.google.com/books?id=n4Eye4ilLVkC&pg=PA32}}</ref><ref>Horrie, Chris; Chippindale, Peter (1991). pp. 50–51.</ref>
Historically, Muslim rulers have often remarried the wives of their conquered opponents in order to gain ties of kinship with their new subjects. In these cases, the wives of leaders have sometimes numbered in the tens or even hundreds. In Ottoman Turkey, the practice also filtered down to the aristocracy. This became the basis for the Western image of a powerful, wealthy Muslim with a vast [[harem]].<ref>Horrie, Chris; Chippindale, Peter (1991). p. 51.</ref>
====Divorce====
[[File:Zibik.jpg|thumb|An unhappy wife is complaining to the [[Qadi]] about her husband's [[impotence]]. Ottoman miniature, 18th century.]]
The laws governing divorce vary substantially between sects, schools, states and cultures. The following outline is general in nature.
A marriage can be terminated by the husband in the '''[[Talaq (Nikah)|talaq]]''' process, or by the wife seeking divorce through '''[[khula|khul']]'''. Under '''faskh''' a marriage may be annulled or terminated by the qadi judge.
Men have the right of unilateral divorce under classical sharia. A Sunni Muslim divorce is effective when the man tells his wife that he is divorcing her, however a Shia divorce also requires four witnesses.<ref name="Peter Chippindale pg. 52">Horrie, Chris; Chippindale, Peter (1991). p. 52.</ref> Upon divorce, the husband must pay the wife any delayed component of the dower. If a man divorces his wife in this manner three times, he may not re-marry her unless she first marries, and is subsequently divorced from, another man. Only then, and only if the divorce from the second husband is not intended as a means to re-marry her first husband, may the first husband and the woman re-marry.{{Quran-usc|2|230}}
In practice, unilateral divorce is only common in a few areas of the Islamic world. It is much more common for divorces to be accomplished by mutual consent.<ref name="Peter Chippindale pg. 52"/>
If the wife asks for a divorce and the husband refuses, the wife has a right, under classical sharia, to divorce by khul'. Although this right is not recognized everywhere in Islam, it is becoming more common. In this scenario, the qadi judge will effect the divorce for the wife, and she may be required to return part, or all, of her dowry.<ref name="Peter Chippindale pg. 52"/>
Under faskh, a qadi judge can end or annul a marriage.<ref name="Peter Chippindale pg. 52"/> [[Apostasy]], on the part of the husband or wife, ends a Muslim marriage in this way. Hardship or suffering on the part of the wife in a marriage may also be remedied in this way. This procedure is also used to annul a marriage in which one of the parties has a serious disability.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 531–532.</ref>
Except in the case of a khul' divorce initiated by a woman, the divorced wife generally keeps her [[dowry]] from when she was married. A divorced woman is given [[child support]] until the age of weaning. The mother is usually granted custody of the child.<ref name="islam-qa.com">{{Cita web|url=http://www.islam-qa.com/en/ref/8189 |titolo=Who has more right to custody in Islam? |editore=Islam-qa.com |data= |accesso=4 aprile 2012}}</ref> If the couple has divorced fewer than three times (meaning it is not a final divorce) the wife also receives [[Alimony|spousal support]] for three menstrual cycles after the divorce, until it can be determined whether she is pregnant. Even in a threefold divorce, a pregnant wife will be supported during the waiting period, and the child will be supported afterwards.<ref name="Misri pg. 546">al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). p. 546 (m 11.10 (2)).</ref>
=====Child custody=====
In a divorce, the child will stay with the mother until he or she is weaned,<ref name="al-Misri 1994 552–553">al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). 552–553.</ref> or until [[Sin at-tamyiz|the age of discernment]], when the child may choose whom he or she lives with. The age of discernment is seven or eight years.<ref name="al-Misri 1994 552–553"/>
====Justice====
The concept of justice embodied in sharia is different from that of secular Western law.<ref name="Peter Chippindale pg. 44">Horrie, Chris; Chippindale, Peter (1991). p. 44.</ref> Muslims believe the sharia law has been revealed by God. In Islam, the laws that govern human affairs are just one facet of a universal set of laws governing nature itself. Violations of Islamic law are offenses against God and nature, including one's own human nature. Crime in Islam is sin. Whatever crime is committed, whatever punishment is prescribed for that crime in this world, one must ultimately answer to God on the Day of Judgement.<ref name="Peter Chippindale pg. 44"/>
=====Legal and court proceedings=====
{{anchor|Courts}}
{{Refimprove section|date=July 2011}}
Sharia judicial proceedings have significant differences with other legal traditions, including those in both [[common law]] and [[Civil law (legal system)|civil law]]. Sharia courts traditionally do not rely on lawyers; [[plaintiffs]] and [[defendants]] represent themselves. Trials are conducted solely by the judge, and there is no jury system. There is no pre-trial [[Discovery (law)|discovery]] process, and no [[cross-examination]] of witnesses. Unlike common law, judges' verdicts do not set binding [[precedents]]<ref>[http://science.jrank.org/pages/7816/Law-Islamic.html Islamic Law – Legal Literature And Institutions, Jurisprudence: The "Sources" of the Law, The Modern Period].</ref><ref>Hamzeh, A. Nizar (January 1994). [http://ddc.aub.edu.lb/projects/pspa/qatar.html "Qatar: The Duality of the Legal System"]. ''[[Middle Eastern Studies (journal)|Middle Eastern Studies]]''. Vol. 30, No.1. pp.79–90.</ref><ref>{{dead link|date=September 2011}} [http://www.londonexternal.ac.uk/current_students/programme_resources/laws/subject_guides/islamic/islamic_ch4.pdf ''Introduction to Islamic Law'']. Ch. 4, p. 28.</ref> under the principle of ''[[stare decisis]]'',<ref>[http://caselaw.findlaw.com/data2/delawarestatecases/493-2003.pdf ''Saudi Arabia Basic Industries Corp. v. Mobil Yanbu Petrochemical Co.'', Supreme Court of Delaware, January 14, 2005 p. 52]. "The Saudi law system differs in critically important respects from the system of legal thought employed by the common law countries, including the United States. Perhaps most significant is that Islamic law does not embrace the common law system of binding precedent and ''stare decisis''. Indeed, in Saudi Arabia, judicial decisions are not in themselves a source of law, and with minor exceptions, court decisions in Saudi Arabia are not published or even open to public inspection."</ref> and unlike civil law, sharia does not utilize formally [[Codification (law)|codified]] statutes<ref>Fatany, Samar (January 31, 2008). [http://archive.arabnews.com/?page=7§ion=0&article=106293&d=31&m=1&y=2008 "Let Us Codify Shariah Laws"]. ''[[Arab News]]''. Retrieved September 17, 2011. ''Codification efforts remain incomplete''{{clarify|date=September 2011|reason=what is this prose "...remain incomplete" as part of citation? appears not to be a quotation from attribution. needs research.}}</ref> (these were first introduced only in the late 19th century during the decline of the Ottoman Empire, cf. ''[[mecelle]]''). Instead of precedents and codes, sharia relies on jurists' manuals and collections of non-binding legal opinions, or ''[[fatwas]]''; these can be made binding for a particular case at the discretion of a judge.
There are four categories of crimes in sharia law, [[qisas]], [[hudud]], [[tazir]], and [[siyastan]]. ''Qisas'' involves personal injury and has several categories: intentional murder (first-degree), quasi-intentional murder (second-degree), unintentional murder (manslaughter), intentional injury, and semi-intentional/unintentional injury. A ''qisas'' (retaliation) offense is treated as a common law [[tort]] rather than a crime against the state. If the accused party is found guilty, the victim (or in death, victim's family) determines the punishment, choosing either retribution (''qisas-e-nafs''), which means execution in the case of intentional murder, and in cases of intentional battery, the amputation of the limb that was lost; or they can choose to forgive the perpetrator. If they forgive the perpetrator, they can receive blood money compensation (''[[diyya]]'') for the loss of life/limb/injury. The sharia judge can only convict someone for a qisas crime, the victim/victim's family determines the punishment. However, if the victim's family pardons the criminal, in addition to the sharia punishment the criminal would normally receive a ''tazir'' prison sentence (such as ten to twenty years in prison) for crimes such as "intentional loss of life", "''tazir'' assault and battery" "disturbance of the peace", and so forth. However, if the murder/injury was unpremeditated (such as during a fight or if there were [[mitigating factor]]s), then the person would be released after paying the blood money, or spend a short time in prison.
Semi-intentional murder/injury is rarely applied, only if a person carried out an act that would not normally be dangerous/lethal, but it resulted in death/injury. In most cases, semi-intentional murder/injury would be prosecuted as intentional murder/battery. And lastly, unintentional murder/battery is when the crime was clearly accidental. This is punishable by only paying diyya, If the perpetrator cannot afford the blood money, he/she can fast for two months straight to be forgiven. Neither semi-intentional or unintentional murder/injury is punishable by qisas.
This differs significantly from civil law and common law. In sharia law, murder and injury is seen as a tort, and the victim could either forgive the perpetrator or have him/her punished with the same injury/death inflicted (eye for an eye) if it was intentionally committed. Unlike common and civil law, there are very few mitigating factors for the death penalty, often those who murder under any circumstances would either die or be forgiven by the victim's family ([[Thou shalt not kill]]). As a result, those who kill others (non-accidentally), even in arguments, crimes of passion, and self-defence could be put to death, or have to pay blood money. Sharia law in theory sees no homicide as "justifiable homicide", and if homicide is carried out, the person either forfeits his own life or pays for the blood of the murder victim. However, the sharia judge could recommend to the family to either give mercy to the murderer or allow them to die. Traditionally, the next of kin of the victim would carry out the execution, or the victim himself/herself would inflict the injury.
The mitigating factors to qisas are:
* A father who murders his child cannot be punished by qisas (he can be punished by tazir penalty and executed/imprisoned, thus he cannot receive diyya for murdering his own child). If a mother killed her child, such as infanticide, the mother would pay diyya to charity or receive qisas.
* A person who murders a spouse/lover caught in the act of adultery (only if the murderer has four witnesses, if he/she does, would receive tazir imprisonment).
* Self-defence murder (if there are two witnesses who can prove it was self-defence, or if crime is deemed to be manslaughter).
* If the person was insane or mentally/cognitively impaired, then it would be considered semi-intentional murder.
* If a person was under the legal age (typically 15–18 years of age).
* If the person murdered on the orders of another, the mastermind would receive qisas/diyya, the actual murderer would receive tazir sentence (which would be death or imprisonment depending on whether the family forgave the mastermind). If someone induced a minor or an insane person to murder,
* If it was an [[abortion]], usually measured after three months in a pregnancy, the woman may pay 1/10 of the blood money to charity or face imprisonment (not qisas). If somebody forced a woman to have a [[miscarriage]], the rule is the same.
If the [[next of kin]] forgave the murderer/injurer, he/she can ask for diyya (blood money). Traditionally, it is worth the equivalent of 100 camels in cash for a death, and lesser amounts for small body injuries. However, in serious injuries, such as those resulting in paralysis, the perpetrator must pay the victm their full blood money. Men receive twice as much blood money as a woman. That is because if a man, who by law should be the provider for his family is injured/killed, the family could be further compensated for the loss/disability of their breadwinner. However, more often blood money is settled through negotiation, and the sum could be more or less than the official amount, thus allowing women to receive more equal amounts as well.
The second category of crimes is ''hudud'' (or ''hadd''). Hudud crimes are crimes whose penalties were laid down by the Quran, and are considered to be "claims against God". The hudud crimes are:
{{multicol}}
*adultery (''[[zina]]''), which includes adultery, fornication, incest/paedophilia, rape, and pimping
*apostasy/blasphemy
*defamation (meaning false accusation of any of these things)
*sodomy/lesbianism (or sodomy rape)
{{col-break}}
*theft
*use of intoxicants (alcohol/drug use)
*"waging war against God and society" (''[[hirabah]]'' and [[Fasad|fasad-fel-arz]], uniquely known as ''[[moharebeh]]''/''[[mofsed-e-filarz]]'' in Iran: armed robbery, terrorism, armed violence)
{{col-end}}
Hudud penalties for these cases are not punishments tailored to the offense, but are intended to be deterrents, setting an example for the general public and prosecuting the most flagrant violations. The process is extremely exacting: at least two witnesses are required to corroborate the evidence, with four witnesses required in the case of sex crimes, so that in most such cases the most severe penalties are difficult, if not impossible, to impose."{{Citation needed|date=August 2012}}" Circumstantial evidence is not allowed to be part of the testimony. When the severest penalties are imposed, the case is usually so obvious, obscene or flagrant that conviction is virtually inevitable."{{Citation needed|date=August 2012}}"
Very often, Westerners mistake hudud punishment for the punishment regularly given under sharia law, but that is inaccurate;{{Dubious|Dubious statement|date=August 2011}} hudud punishments are only meant as a deterrent for rare cases. Most punishments are given under ''tazir'' rules.
As a result most countries with classical sharia law formally use the hudud penalty only rarely.
The third category of crimes is ''tazir''. It covers all other offenses not mentioned already. It is a "claim of the state" and it receives a discretionary sentence. The punishment may not be more severe than the punishment of a hudud crime. It can range, depending on the crime or circumstances, from death to imprisonment to even community service. Circumstantial evidence is allowed in court, and most countries prosecute their non-murder crimes as tazir crimes, due to the flexibility of the evidence-gathering and sentencing. The punishment is meant to fit the crime. For example, a rapist may not be able to be prosecuted for ''zina'', but would still be convicted of tazir rape, or in theft, they would be found guilty of tazir theft and given prison time rather than amputation. A murderer would still spend time in prison if he had received the forgiveness of the family. The heavy hudud penalties of amputation and [[stoning]] are not applied (although some countries do use corporal punishment).
A fourth and lesser known category is "siyastan". A siyastan penalty is a punishment that is created on the authority of the government of the county. While it cannot contradict the provisions of sharia, it is not derived from sharia. For example, treason against the ruling system historically would be considered a siyastan crime. Beginning with the Ottoman Empire, many modern sharia jurisdictions have created penal law codes ([[Qanun]]) that cover areas that are not specifically mentioned in sharia law, although they may not contradict sharia law. [[Traffic law|Traffic penalties]] are a modern example. Another modern example is [[drug trafficking]]. Most modern countries using sharia law punish that crime with penal laws created by the government (often with death/imprisonment). It does not contradict sharia, because it is viewed as a crime that is "spreading corruption on the earth" ([[fasad-fel-arz]]).
The [[rules of evidence]] in sharia courts also maintain a distinctive custom of prioritizing oral testimony.<ref>Fortna, Benjamin C. (March 2011). "Education and Autobiography at the End of the Ottoman Empire". ''[[Die Welt des Islams]]''. New Series, Vol. 41, Issue 1. pp. 1–31. "the literacy rate in the Ottoman Empire in 1900 was between five and ten percent".</ref><ref>Hamoud, Hassan R. [http://unesdoc.unesco.org/images/0014/001462/146282e.pdf "Illiteracy in the Arab World"]. Background paper prepared for the Education for All Global Monitoring Report 2006, ''Literacy for Life'' UNESCO.</ref>
A confession, an oath, or the oral testimony of a witness are the main evidence admissible in a hudud case, written evidence is only admissible when deemed reliable by the judge, ''i.e.'', [[notaries]].<ref>[http://www.londoninternational.ac.uk/current_students/programme_resources/laws/subject_guides/islamic/islamic_chpt4.pdf "Introduction to Islamic Law"].</ref> Testimony must be from at least two witnesses, and preferably free Muslim male witnesses, who are not related parties and who are of sound mind and reliable character; testimony to establish the crime of adultery, or zina must be from '''four''' direct witnesses.<ref>Ajijola, Alhaji A.D. (1989). ''Introduction to Islamic Law''. Karachi: [[International Islamic Publishers]]. p. 133.</ref> [[Forensic identification|Forensic evidence]] (''i.e.'', fingerprints, ballistics, blood samples, DNA etc.) and other [[circumstantial evidence]] is likewise rejected in [[hudud]] cases in favor of eyewitnesses, a practice which can cause severe difficulties for women plaintiffs in rape cases.<ref>[[Mohammad Hashim Kamali|Kamali, Mohammad Hashim]] (1998). "Punishment in Islamic Law – A Critique of the Hudud Bill of Kelantan, Malaysia". ''[[Arab Law Quarterly]]''. Vol. 13, No. 3. pp. 203–234.</ref> Testimony from women is given only half the weight of men,{{Citation needed|date=February 2011}} and testimony from non-Muslims may be excluded altogether (if against a Muslim).{{Citation needed|date=February 2011}} Non-Muslim minorities, however, could and did use sharia courts, even amongst themselves.<ref>[http://www.international.ucla.edu/cms/files/kuran.0130.pdf "Why the Middle East Is Economically Underdeveloped-Historical Mechanisms of Institutional Stagnation"]. p. 21. "Some of the reasons non-Muslims used sharia courts included more reliable enforcement, mandatory, if unequal shares in inheritance for women (cf. [[primogeniture]]), and the ability to switch between religious jurisdictions at any time, a privilege not available to Muslim litigants."</ref>{{Failed verification|date=September 2011}}
Sharia's rules on written evidence necessarily diminish the utility of written contracts to structure economic relations, and [[Timur Kuran]] has noted the predominance of a "largely oral contracting culture" in pre-modern Islamic society.<ref>[http://www.international.ucla.edu/cms/files/kuran.0130.pdf "Explaining the Economic Trajectories of Civilizations – Musings on the Systemic Approach"]. pp. 7, 10.</ref>
In lieu of written evidence, oaths are accorded much greater weight; rather than being used simply to guarantee the truth of ensuing testimony, they are themselves used as evidence. Plaintiffs lacking other evidence to support their claims may demand that defendants take an oath swearing their innocence, refusal thereof can result in a verdict for the plaintiff.<ref>Lippman, Matthew Ross; McConville, Seán; Yerushalmi, Mordechai (1988). ''Islamic Criminal Law and Procedure – An Introduction''. New York City: [[Praeger Publishers]]. p. 71. ISBN 978-0-275-93009-7.</ref> Taking an oath for Muslims can be a grave act; one study of courts in Morocco found that lying litigants would often "maintain their testimony 'right up to the moment of oath-taking and then to stop, refuse the oath, and surrender the case."<ref name="frank">Frank, Michael J. (April 2006). "Trying Times – The Prosecution of Terrorists in the Central Criminal Court of Iraq". ''[[Florida Journal of International Law]]''.</ref> Accordingly, defendants are not routinely required to swear before testifying, which would risk casually profaning the Quran should the defendant commit perjury;<ref name="frank"/> instead oaths are a solemn procedure performed as a final part of the evidence process.
In some countries, sharia courts, with their tradition of ''pro se'' representation, simple rules of evidence, and absence of appeals courts, prosecutors, cross examination, complex documentary evidence and discovery proceedings, juries and ''[[voir dire]]'' proceedings, circumstantial evidence, forensics, case law, standardized codes, exclusionary rules, and most of the other infrastructure of civil and common law court systems, have as a result, comparatively informal and streamlined proceedings. This can provide significant increases in speed and efficiency, and can be an advantage in jurisdictions where the general court system is slow or corrupt, and where few litigants can afford lawyers. In Nigeria, where imposition of sharia was highly controversial, even Nigeria's justice minister was compelled to admit that in sharia courts, "if a man owes you money, you can get paid in the evening. Whereas in the regular courts, you can sit in court for ten years and get no justice."<ref>Staff (September 5, 2002). [http://www.economist.com/world/middleeast-africa/displaystory.cfm?story_id=E1_TPTRDTJ "The Attractions of Sharia – Nigeria's Sharia Courts Are Harsh, But Quicker and Cleaner Than Secular Ones"]. ''[[The Economist]]''. Retrieved September 20, 2011.</ref> In places using sharia law such as Iran and Pakistan, while having a fixed legal system, with prosecuters, appeals courts and a supreme court, and a definite civil law style penal code, they are still heavily based on the informality and simplicity of a "pure" sharia court, and trials often still take a matter of hours or sometimes days.
=====Penalties=====
{{Original research|section|date=September 2007}}
{{Main|Hudud}}
{{See also|Rajm|Islam and domestic violence|Zina (Arabic)}}
The punishment depends on whether the criminal was convicted of [[qisas|qesas]], [[hudud]] or [[tazir]].
In a tazir crime, the penalty would be usually a prison sentence, corporal punishment in some countries, or an execution in a very serious case. Since hudud crimes are extremely hard to punish, this is the usual route that would be taken. Stoning and amputation would certainly not be carried out in a tazir sentence, and the punishment would not be fixed, but discretionary.
In the rarest of rare case when a person is convicted of a hudud crime, the punishment is much harsher.
In accordance with the Quran and several hadith, theft is punished by imprisonment or amputation of hands.<ref>{{cite quran|5|38|style=ref}}.</ref> Several requirements are in place for the amputation of hands, they are:
* 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.
* Goods must have been taken from custody (''i.e.'', not in a public place).
* There must be reliable witnesses.
All of these must be met under the scrutiny of judicial authority.{{cite quran|5|38}}<ref>{{dead link|date=September 2011}} Wiechman, Denis J.; Kendall, Jerry D.; Azarian, Mohammad K. [http://muslim-canada.org/Islam_myths.htm "Islamic Law: Myths and Realities"]. muslim-canada.org.</ref>
In accordance with hadith, stoning to death is the penalty for married men and women who commit adultery. 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.<ref>{{Hadith-usc|Bukhari|usc=yes|8|82|815}}; {{Hadith-usc|Bukhari|usc=yes|8|82|826}}.</ref> For unmarried men and women, the punishment prescribed in the Quran and hadith is 100 lashes.<ref>{{cite quran|24|2|style=ref}}; {{Hadith-usc|Bukhari|usc=yes|8|82|818}}.</ref> However, Islamists in northern Mali, citing shariah law, stoned an unmarried couple who allegedly had children together to death in 2012.<ref name=NYT73012>{{Cita news|titolo=Islamists in North Mali Stone Couple to Death|url=http://www.nytimes.com/2012/07/31/world/africa/couple-stoned-to-death-by-islamists-in-mali.html|accesso=31 luglio 2012|giornale=The New York Times|data=30 luglio 2012|autore=Adam Nossiter}}</ref>
The "four witness" standard comes from the Quran 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]]."{{cite quran|24|13}}
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:
{{cite quran|24|2|quote=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.}}
{{cite quran|17|32|quote=Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).}}
Rape is punishable by death in sharia law. However there is some dispute as to which crime it is a part of. In some countries, like Pakistan, rape is considered to be a part of adultery (zina). This has led to some cases where rapists were unable to be punished due to the rape victim lacking 4 witnesses. However, in most countries, such as the United Arab Emirates, rape is considered a part of armed robbery (hiraba), making it easier to convict rapists. However, in most cases, rape is punished as a tazir crime, which could still be the death penalty. Many rape cases are settled out of court, with the rapist paying monetary compensation (jirah) to the victim, and in some cases they pay diyya for injuries inflicted.
=====Leaving Islam/Apostasy=====
{{See also|Apostasy in Islam|Salman Rushdie}}
In most interpretations of sharia, conversion by Muslims to other religions or becoming non-religious, is strictly forbidden and is termed [[apostasy]]. Non-Muslims, however, are allowed to convert into Islam.<ref>[http://www.cfr.org/malaysia/religious-conversion-sharia-law/p13552#p3]. [[Council on Foreign Relations]].</ref> Muslim theology equates apostasy to treason, and in some interpretations of sharia, the penalty for apostasy is death. During the time of Muhammad, treason and apostasy were considered one and the same; nowadays, many scholars differentiate between treason and apostasy, believing that the punishment for apostasy is not death, while the punishment for treason is death.{{Citation needed|reason=please give a reliable source for this assertion. I most scholars uphold the traditional view.|date=May 2011}}
The accusation of apostasy may be used against non-conventional interpretations of the Quran. The severe persecution of the famous expert in Arabic literature, [[Nasr Abu Zayd]], is an example of this.<ref>Staff (August 8, 2009). [http://www.economist.com/node/14179219?Story_ID=E1_TQTSJNTJ "The Battle for a Religion's Heart"]. ''[[The Economist]]'' 392(8643): pp. 52–53.</ref> Similar accusations and persecutions were famously leveled against the author [[Salman Rushdie]].<ref>{{Failed verification|date=February 2011}} [http://www.timesonline.co.uk/tol/news/world/article531110.ece]. ''[[The Times]]''.</ref>{{Failed verification|date=February 2011}}
====Dietary====
{{Main|Halal|Dhabiha}}
Islamic law does not present a comprehensive list of pure foods and drinks. However, it prohibits:<ref name="die">Ghamidi(2001), [http://www.renaissance.com.pk/febislaw2y2.html The dietary laws]</ref>
*[[Pig|Swine]], [[blood]], the meat of already dead animals and animals slaughtered in the name of someone other than [[Islamic concept of God|God]].
*Slaughtering an animal in any other way except the prescribed manner of ''tazkiyah'' (cleansing) by taking God's name, which involves cutting the throat of the animal and draining the blood. Slaughtering with a blunt blade or physically ripping out the oesophagus is strictly forbidden. Modern methods of slaughter like the [[Captive bolt pistol|captive bolt]] [[stunning]] and electrocuting are also prohibited.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). pp. 364–365.</ref>
*[[Psychoactive drug|Intoxicants]]
The prohibition of dead meat is not applicable to [[fish]] and [[locust]]s.<ref>[[Sunan ibn Maja]] 2314</ref><ref>[[Al-Sunan al-Sughra]] 59</ref><ref>[[Al-Zamakhshari]]. ''[[Al-Kashshaf]]'', vol. 1, (Beirut: Daru'l-Kitab al-'Arabi), p. 215</ref> Also hadith literature prohibits beasts having sharp canine teeth, birds having claws and talons in their feet,<ref>[[Sahih Muslim]] 1934</ref> ''Jallalah'' (animals whose meat carries a stink in it because they feed on filth),<ref>[[Al-Sunan al-Sughra]] 4447</ref> tamed donkeys,<ref>[[Sahih al-Bukhari]] 4199</ref> and any piece cut from a living animal.<ref name="die"/><ref>[[Sunan Abi Dawood]] 2858</ref>
===
Liquor and gambling are expressly prohibited in the Quran, and sharia law.
Muhammad is reported to have said: "He who plays with dice is like the one who handles the flesh and blood of swine."
[[Abd-Allah ibn Amr]] reported that Muhammad prohibited all games of chance and card playing that caused financial gain or loss.<ref>[http://www.jamiat.co.za/library/books/Islam_and_Sport/islam_and_sport_04.htm#Proh Prohibited Sports]{{dead link|date=April 2012}}</ref>
====Customs and behaviour====
{{See also|Islamic hygienical jurisprudence}}
Practitioners of Islam are generally taught to follow some specific customs in their daily lives. Most of these customs can be traced back to [[Abraham]]ic traditions in [[Pre-Islamic Arabia]]n society.<ref>Ghamidi (2001). [http://www.renaissance.com.pk/JulRefl2y6.html "Sources of Islam"].</ref> 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). It includes customs like:
* Saying "''[[Basmala|Bismillah]]''" (in the name of God) before eating and drinking.<ref>''[[Sunan al-Tirmidhi]]'' 1513.</ref>
* Using the right hand for drinking and eating.<ref>''[[Sahih Muslim]]'' 2020.</ref>
* Saying "''As-Salaam Alaikum''" (peace be upon you) when meeting someone and answering with "''Wa 'alaikumus salam''" (and peace be upon you).<ref>''[[Sahih al-Bukhari]]'' 6234.</ref>
* Saying "''[[Alhamdulillah]]''" (all gratitude is for only God) when sneezing and responding with "''Yarhamukallah''" (God have mercy on you).<ref>''[[Sahih al-Bukhari]]'' 6224.</ref>
* Saying the "''[[Adhan]]''" (prayer call) in the right ear of a newborn and the [[Iqama]] in its left.
* In the sphere of [[hygiene]], it includes:
** Clipping the moustache
** Cutting nails
** Circumcising the male offspring<ref>''[[Sahih Muslim]]'' 257.</ref><ref>''[[Sahih Muslim]]'' 258.</ref>
** Cleaning the nostrils, the mouth, and the teeth<ref>''[[Sahih Muslim]]'' 252.</ref> and
** Cleaning the body after urination and defecation<ref>''[[Sunan Abi Dawood]]'' 45.</ref>
* Abstention from sexual relations during the [[menstrual cycle]] and the [[wikt:puerperal|puerperal]] discharge,{{cite quran|2|222}} and ceremonial bath after the menstrual cycle, and ''Janabah'' ([[semen|seminal]]/[[ovule|ovular]] discharge or sexual intercourse).{{cite quran|4|43}}{{cite quran|5|6}}
* Burial rituals include funeral prayer<ref>Ghamidi. [http://www.renaissance.com.pk/DecIslaw2y5.htm "Various Types of the Prayer"]</ref> of bathed<ref>''[[Sahih al-Bukhari]]'' 1254.</ref> and enshrouded body in coffin cloth<ref>''[[Sahih Muslim]]'' 943.</ref> and burying it in a grave.<ref name="cul">Ghamidi (2001). [http://www.renaissance.com.pk/janisla2y2.html "Customs and Behavioral Laws"].</ref>
=====Rituals=====
{{Main|Eid ul-Fitr|Eid al-Adha}}
There are two festivals that are considered Sunnah.<ref name="cul"/><ref>''[[Sunan Abu Da'ud]]'' 1134.</ref>
* [[Eid ul-Fitr]]
* [[Eid al-Adha]]
Rituals associated with these festivals:<ref name="cul"/>
* [[Sadaqah]] (charity) before Eid ul-Fitr prayer.<ref>''[[Sahih al-Bukhari]]'' 1503.</ref>
* The [[Prayer]] and the [[Sermon]] on Eid day.
* [[Takbir]]s (glorifying God) after every prayer in the days of ''Tashriq''. (Normally these days are considered to be the ones in which [[pilgrim]]s stay at [[Mina, Saudi Arabia|Mina]] once they return from [[Muzdalifah]] ''i.e.'', the 10th, 11th, 12th and 13th of [[Dhu al-Hijjah]].)
* Sacrifice of unflawed, four legged grazing animal of appropriate age after the prayer of Eid al-Adha in the days of ''Tashriq''.<ref>Ghamidi, [http://www.renaissance.com.pk/JanIslamiShari12y5.htm "The Ritual of Animal Sacrifice"].</ref>
=====Dress codes=====
{{Main|Hijab|List of types of sartorial hijab|Islam and clothing}}
The Quran also places a [[dress code]] upon its followers. The rule for men has been ordained before the women: {{cite quran|24|30|quote=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.}} The text continues, {{cite quran|24|31|expand=no|quote=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...}} All those men in whose presence a woman is not obliged to practise the dress code are known as her ''[[mahram]]s''. Men have a more relaxed dress code: the body must be covered from knee to waist. However, under sharia law, women are required to cover all of their bodies except hands and face.<ref name="Islamic Scholarship and the Hijab">Staff (Haredy, Mohsen – consultant) (July 17, 2011). [http://www.onislam.net/english/ask-about-islam/faith-and-worship/aspects-of-worship/166970.html "Hijab, Recommended or Mandatory?"]. [[onislam.net]]. Retrieved September 18, 2011.</ref><ref>Ansari, Ustadha Zaynab (July 3, 2005). [http://qa.sunnipath.com/issue_view.asp?HD=1&ID=4912&CATE=137 "Good Hijab, Bad Hijab?"]. [[SunniPath]]. Retrieved September 18, 2011.</ref> Covering the face is the subject of some divergence of opinion amongst the scholars – some consider it to be compulsory since the face is the major source of attraction, whilst others consider it to be highly recommended. The rationale given for these rules is that men and women are not to be viewed as [[Sexual objectification|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 (word)|fitna]]'' (temptation or discord).
There are many different opinions, however, as to whether the veil or [[headscarf]] is a real Quranic obligation. Some scholars such as [[Yusuf al-Qaradawi]] claim it is, while others, such as [[Mohammed Arkoun]], [[Soheib Bencheikh]], [[Abdoldjavad Falaturi]], [[Gamal al-Banna]] claim it is not. However, the first group appears dominant:<ref name="Islamic Scholarship and the Hijab" /> "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."<ref>{{Dead link|date=September 2011}} [http://ec.europa.eu/dgs/policy_advisers/activities/dialogues_religions/docs/islam_droits_fondamentaux_final_25_10_2004_en.pdf] ([[Portable Document Format|PDF format]]; requires [[Adobe Acrobat|Adobe Reader]]). [[Bureau of European Policy Advisers (European Commission)|European Commission's Bureau of European Policy Advisers]] (via [[Europa (web portal)|Europa]]). p. 75.</ref>
==Historical developments==
The origin of sharia is the Qur'an, believed by Muslims to be the word of God, and traditions gathered from the life of the Islamic Prophet [[Muhammad]] (born ca. 570 CE in [[Mecca]]).<ref>[[Marshall Hodgson|Hodgson, Marshall]] (1958). ''The Venture of Islam Conscience and History in a World Civilization Vol 1''. [[University of Chicago]]. pp. 155–156.</ref>
Sharia underwent fundamental development, beginning with the reigns of [[caliph]]s [[Abu Bakr]] (632–34) and [[Umar]] (634–44), during which time many questions were brought to the attention of Muhammad's closest comrades for consultation.<ref name="Dien, Mawil Izzi 2004">Dien, Mawil Izzi. Islamic Law: From Historical Foundations To Contemporary Practice. Notre Dame: University of Notre Dame Press, 2004.</ref> During the reign of [[Muawiyah I|Muawiya]] b. [[Abu Sufyan ibn Harb]], ca. 662 CE, Islam undertook an urban transformation, raising questions not originally covered by Islamic law.<ref name="Dien, Mawil Izzi 2004"/> Since then, changes in Islamic society have played an ongoing role in developing sharia, which branches out into [[fiqh]] and [[Qanun]] respectively.
Among the Muslims, tribal laws were adapted to conform to sharia "for they could not form part of the tribal law unless and until they were generally accepted as such."<ref name="Coulson, Noel James 1964">Coulson, Noel James. A history of Islamic law (Islamic surveys). Oxford: University Press, 1964.</ref> 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. 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."<ref name="Coulson, Noel James 1964"/> So, while "each and every law must be rooted in either the Qur'an or the Sunnah,"<ref name="Berg, Herbert 2005">Berg, Herbert. "Islamic Law." Berkshire Encyclopedia of World History 3 (2005): 1030.</ref> without contradiction, tribal life brought about a sense of participation. Such participation was further reinforced by Muhammad who stated, "My community will never agree in error".<ref name="Berg, Herbert 2005"/>
The [[Umayyad]]s initiated the office of appointing ''[[qadi]]s'', or Islamic judges. The jurisdiction of the ''qadi'' extended only to Muslims, while non-Muslim populations retained their own legal institutions.<ref>Khadduri and Liebesny (1955), p. 37</ref> The ''qadis'' were usually pious specialists in Islam. As these grew in number, they began to theorize and systemize Islamic jurisprudence.<ref>Khadduri and Liebesny (1955), p. 40-1</ref> The Abbasid made the institution of ''qadi'' [[separation of powers|independent from the government]], but this separation wasn't always respected.<ref>Khadduri and Liebesny (1955), p. 58</ref>
Both the Umayyad caliph [[Umar II]] and the Abbasids had agreed that the [[caliph]] could not legislate contrary to the Qur'an or the sunnah. Imam [[Shafi'i]] declared: "a [[hadith|tradition from the Prophet]] must be accepted as soon as it become known...If there has been an action on the part of a caliph, and a tradition from the Prophet to the contrary becomes known later, that action must be discarded in favor of the tradition from the Prophet." Thus, under the [[Abbasid]]s the main features of sharia were definitively established and sharia was recognized as the law of behavior for Muslims.<ref name=Khadduri60>Khadduri and Liebesny (1955), p. 60-1</ref>
==Diagram of founders and disciples of schools of fiqh and early jurists==
This diagram shows the prominent jurists after [[Muhammad]] and their students and who they then taught. Some of the chains of Hadith narration also follow these chains, unit they are recorded in Hadith books like [[Sahih al-Bukhari]]<ref>[http://www.sahih-bukhari.com/]</ref>.
<table align="centre" border="0" cellpadding="0"><tr><td> {{familytree/start|style=font-size: 120%}}
{{familytree| | | | | | | | | AAA | | | | | | | | | |AAA = [[Muhammad]] taught}}
{{familytree| |,|-|-|-|v|-|-|-|+|-|-|-|-|v|-|-|-|v|-|-|.|}}
{{familytree| ABB | | HUS | | HAA | | | ABC | | ADD | | AIS | |ABB= [[Umar]]|HUS= [[Ali]]|HAA= [[Abdullah, son of Masud|`Abd Allah bin Masud]]|ABC= [[Zaid bin Thabit]]|ADD= [[`Abd Allah ibn `Abbas]]|AIS= [[Aisha]]}}
{{familytree| |!| | | |!| | | |!| | |,|-|-|^|-|-|.| | |!| |}}
{{familytree| ABB | | HUS | | |!| | SSS | | | | QQQ | |!| |ABB= [[Abdullah ibn Umar]]|HUS= [[Hussein ibn Ali]]|SSS= [[Said ibn al-Musayyib]]|QQQ= [[Urwah ibn Zubayr]]}}
{{familytree| | | | | |!| | | |!| | |!| | | | | |!| | |!|}}
{{familytree| |,|-|-| HUS | | UMR | |!| | | | | |!| | QMA | | HUS= [[Zayn al-Abidin]]|UMR= [[Alqama ibn Qays]]|QMA= [[Qasim ibn Muhammad ibn Abu Bakr]] }}
{{familytree| |!| | | |!| | | |!| | |`|-|-|v|-|-|'| | |!|}}
{{familytree| ZIA | | HUS | | IBR | | | | ZZZ| | | | |!| | ZIA=[[Zayd ibn Ali]]|HUS= [[Muhammad al Baqir]]|IBR= Ibrahim al-Nakha’i |ZZZ= [[Ibn Shihab al-Zuhri]]}}
{{familytree| |!| | | |!| | | |!| | | | | |!| | | | | |!|}}
{{familytree| |!| | | |!| | | HAM | | | | |!| | | | | |!| |HAM= Hammad bin ibi Sulman}}
{{familytree| |!| | | |!| | | |!| | | | | |!| | | | | |!| }}
{{familytree| |`|-|-|BLUE|LIGHTGREEN|GREEN |-|-|^|-|-|-|-|-|'| | BLUE= [[Ja'far al-Sadiq]]
|boxstyle_BLUE =background-color: #aaf;|LIGHTGREEN = [[Malik ibn Anas]]|boxstyle_LIGHTGREEN=background-color: #afa;|GREEN = [[Abu Hanifa]]|boxstyle_GREEN=background-color: #afa;}}
{{familytree| | | | | | | |!| |!| |`|-|-|-|v|-|-|-|.| | | }}
{{familytree| | | | | |GREEN| |IIB| | | YYY | | SSS | | | | |GREEN = [[Al-Shafi‘i]]
|boxstyle_GREEN=background-color: #afa;|IIB=[[Ismail ibn Ibrahim]]|YYY= [[Abu Yusuf]] |SSS= [[Muhammad al-Shaybani]]}}
{{familytree| | | | | | |!| | |!| | | | | | }}
{{familytree| | | | | |GREEN|MAB|MIA|MIT| |GREEN = [[Ahmad ibn Hanbal]]
|boxstyle_GREEN=background-color: #afa;| MAB=[[Muhammad al-Bukhari]] Travelled every where collecting hadith| MIA=[[Muslim ibn al-Hajjaj]] Travelled around collecting hadith| MIT=[[Muhammad ibn `Isa at-Tirmidhi]] Travelled around collecting hadith}}
{{familytree/end}}</td></tr></table>
===Post 19th-century===
[[File:Madhhab Map2.png|thumb|300px|Map of the Muslim world with the main schools of Islamic law (''madhhab'')]]
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. In Muslim countries, [[Codification (law)|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 doctrines.
*'''Traditionalists''' believe that the law of the state should be based on the traditional legal schools.<ref>Oliver A Ruebenacker [http://www.averroes-foundation.org/articles/sex_slavery.html Traditionalist View on Sex Slavery] at Averroes Foundation</ref>
*'''Reformers''' believe that new Islamic legal theories can produce modernized Islamic law<ref>Havva G. Guney-Ruebenacker [http://www.averroes-foundation.org/articles/islamic_law_evolving.html "Islamic Law: An Ever-Evolving Science Under Revelation and Reason"] at [[Averroes Foundation]].</ref> and lead to acceptable opinions in areas such as women's rights.<ref>Havva G. Guney-Ruebenacker [http://www.averroes-foundation.org/articles/free_and_equal.html "Free and Equal Under the Qur'an"] at Averroes Foundation</ref> However, traditionalists believe that any departure from the legal teachings of the Quran as explained by the Prophet Muhammad and put into practice by him is an alien concept that cannot properly be attributed.
===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. Some countries, such as [[Saudi Arabia]] fully use sharia and have no constitution or legal code. Others, such as Pakistan and Iran have constitutions, but they reflect the principles of sharia, and have sharia legal systems with corresponding civil laws ([[qanun]]). Some of the largest Muslim countries, including [[Indonesia]] and [[Bangladesh]] have largely secular constitutions and laws, but with Islamic law provisions in family law. However, most of their secular laws still do not contradict sharia law. [[Turkey]] has a constitution that is officially strongly secular, and has virtually no resemblance to sharia law. [[India]] and the [[Philippines]] have fully separate Muslim civil laws, wholly based on sharia. In India, Muslim civil laws are framed by the [[All India Muslim Personal Law Board|Muslim Personal Law board]] while, in the Philippines, it is framed by the ''Code of [[Muslim]] Personal Laws''. However, the criminal laws in both the countries are uniform.
In September 2008, newspapers in the [[United Kingdom]] stated the government had "quietly sanctioned" the recognition of sharia courts. This refers to situations where both sides in a legal dispute freely choose a sharia court as a binding arbitrator rather than taking a matter before the official courts. The decision did not break new ground: the decisions of similar Jewish [[beth din]] court arbitrations have been recognized in England for over 100 years.<ref>[http://www.timesonline.co.uk/tol/news/uk/crime/article4749183.ece "Revealed: UK's First Official Sharia Courts"]. ''[[The Times]]''.</ref> Neither party can be forced into arbitration by a sharia or a Jewish court.
Most countries of the Middle East and North Africa maintain a [[Secularism in the Middle East|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 the [[Mutaween]] (religious police) assert social compliance, while [[Somaliland]], and [[Maldives]] adopted sharia in legal aspects but with a western style of judiciary system (Common law or civil law). Laws derived from sharia are also applied in [[Afghanistan]], [[Libya]] and [[Sudan]]. Sharia law is officially recognised by the justice system in [[Israel]] in matters of personal status of Muslims if they choose a sharia court (e.g. marriage, divorce, guardianship). Judges' salaries are paid by the state.<ref>{{Cita web|autore= Pfeffer, Anshel |url=http://website.thejc.com/printartform.aspx?Aid=58075 |titolo=Why Islamic Law Is Official in Israel |sito= [[The Jewish Chronicle]] |data= 14 febbraio 2008 |accesso= 15 settembre 2011}}</ref> Lebanon also incorporates sharia law for Muslims in family matters.<ref>{{Cita news|url=http://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/3239938/Law-lords-say-sharia-is-arbitrary-and-discriminatory.html |pubblicazione= [[The Daily Telegraph]] |autore= [[Joshua Rozenberg|Rozenberg, Joshua]] |titolo=Law Lords Say Sharia Is 'Arbitrary and Discriminatory' |data= 22 ottobre 2008}}</ref> Some states in northern [[Nigeria]] have [[Sharia in Nigeria|reintroduced sharia courts]].<ref>{{Cita web|url=http://www.onlinenigeria.com/government/index.asp?blurb=141 |titolo=The Judiciary |editore=Online Nigeria |data= 1º maggio 2007 |accesso= 1º maggio 2007}}</ref> In practice the new sharia courts in Nigeria have most often meant the reintroduction 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]].<ref>Harnischfeger, Johannes (2008).{{page needed|date=September 2011}}</ref>
Many [[Westerners]] consider the punishments prescribed by some countries' interpretation of Islamic law to be "barbaric and cruel". Islamic scholars argue that, if implemented properly, the punishments serve as a deterrent to crime.<ref>{{Cita news|url=http://news.bbc.co.uk/1/hi/2977446.stm |titolo=Debate Rages over Women and Sharia |editore= BBC News |data= 11 giugno 2003 |accesso= 1º maggio 2007|autore= Little, Jane}}</ref> 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, blasphemy, apostasy and homosexuality, amputations for the crime of theft, and [[Flagellation|flogging]] for [[fornication]] or public [[Alcohol intoxication|intoxication]].<ref>[http://www.hrw.org/reports/2004/nigeria0904/5.htm "Human Rights Violations under Sharia in Northern Nigeria"]. [[Human Rights Watch]].</ref>
A [[Bill (proposed law)|bill]] proposed by lawmakers in the Indonesian province of [[Aceh]] would implement sharia law for all non-Muslims, the armed forces and law enforcement officers, a local police official has announced.{{Clarify|date=August 2010|reason=Why is an unnamed local police official used as source for a bill proposed by legislators?}} The news comes two months after the [[Deutsche Presse-Agentur]] warned of "[[Taliban]]-style Islamic police terrorizing Indonesia's Aceh".<ref>[http://www.sacbee.com/24hour/religion/story/3285184p-12110557c.html "Draft Law on Indonesia's Aceh Province To Impose Islamic Law on All Residents]{{Dead link|date=June 2010}}, [[Associated Press]] / ''[[The Sacramento Bee]]'', May 24, 2006</ref><ref>England, Vaudine (May 6, 2006). [http://www.thestandard.com.hk/weekend_news_detail.asp?pp_cat=31&art_id=18092&sid=7807661&con_type=3&d_str=20060506 "Indonesia's Dilemma"]. ''[[The Standard]]''.</ref><ref>[http://www.asia-pacific-action.org/news/dpa_islamicpoliceterrorizingaceh_100306.htm Taliban-style "Islamic Police Terrorizing Aceh"].{{Dead link|date=June 2010}}, [[Deutsche Presse Agentur]] / ASAP Aceh News, March 10, 2006.</ref>
==Contemporary issues==
===Democracy===
{{Further|Islamic ethics|Islam and democracy|Shura|Ijma}}
Sharia law involves elements of a democratic system, namely electoral procedure, though syntax as to what a "democracy" constitutes leaves this in question.<ref>{{Cita pubblicazione|titolo=Liberal Democracy and Political Islam: The Search for Common Ground|autore= Benhenda, M.|ssrn=1475928|cid=harv}}</ref> Legal scholar L. Ali Khan argues 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".<ref>Khan, Ali. [http://jurist.law.pitt.edu/forum/forumnew59.php "Will The European Court of Human Rights Push Turkey Toward Islamic Revolution?"].</ref><ref>Khan, L. Ali. ''A Theory of Universal Democracy: Beyond the End of History'', The Hague, Kluwer Law International, 2003, ISBN 90-411-2003-3.</ref>
However, European and American courts have generally ruled against the implementation of Sharia law, both in jurisprudence and within a community context, based on Sharia's religious background. Whereas groups within a number of nations are actively seeking to implement Sharia law, in 1998 the [[Constitutional Court of Turkey]] banned and dissolved Turkey's [[Welfare Party|Refah Party]] on the grounds that "Democracy is the antithesis of Sharia", the latter of which Refah sought to introduce.
On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy".<ref>[http://cmiskp.echr.coe.int/tkp197/viewhbkm.asp?sessionId=6495642&skin=hudoc-en&action=html&table=1132746FF1FE2A468ACCBCD1763D4D8149&key=15475&highlight= Judgement]{{dead link|date=November 2012}} in the case of Refah Partisi and Others v. Turkey, Grand Chamber of the European Court of Human Rights, February 13, 2003</ref><ref>[http://www.echr.coe.int/NR/rdonlyres/29AC6DBD-C3F8-411C-9B97-B42BE466EE7A/0/2004__Wildhaber_Cancado_Trindade_BIL__opening_legal_year.pdf Hearing of the European Court of Human Rights], January 22, 2004 (PDF)</ref><ref>{{Cita web|url=http://www.echr.coe.int/Eng/Press/2001/July/RefahPartisi2001jude.htm |titolo=ECHR press release Refah Partisi (2001) |editore=Echr.coe.int |data= |accesso=4 aprile 2012}}</ref> Refah's sharia-based notion of a "plurality of legal systems, grounded on religion" was ruled to contravene the [[European Convention on Human Rights|European Convention for the Protection of Human Rights and Fundamental Freedoms]]. 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".<ref>{{citation broken|date=November 2010}} [http://www.strasbourgconference.org/papers/Refah%20Revisited-%20Strasbourg's%20Construction%20of%20Islam.pdf Refah Revisited: Strasbourg's Construction of Islam], by Christian Moe, Norwegian Institute of Human Rights, published at the site of [[The Strasbourg Conference]].</ref>
===Human rights===
====Cairo Declaration on Human Rights in Islam====
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 world|Western]] countries. Iran claimed that the UDHR was "a [[Secularism|secular]] understanding of the [[Judeo-Christian]] tradition", which could not be implemented by Muslims without trespassing the Islamic law. Therefore in 1990 the [[Organisation of Islamic Cooperation|Organisation of the Islamic Conference]], a group representing all Muslim majority nations, adopted the [[Cairo Declaration on Human Rights in Islam]].
[[Ann Elizabeth Mayer]] points to notable absences from the Cairo Declaration: provisions for democratic principles, protection for religious freedom, freedom of association and freedom of the press, as well as equality in rights and equal protection under the law. Article 24 of the Cairo declaration states that "all the rights and freedoms stipulated in this Declaration are subject to the Islamic ''shari'a''".<ref name=mayer>Ann Elizabeth Mayer, ''Islamic Law and Human Rights: Conundrums and Equivocations'', chapter 14 in Carrie Gustafson, Peter H. Juviler (eds.), ''Religion and human rights: competing claims?'', Columbia University seminar series, M.E. Sharpe, 1999, ISBN 0-7656-0261-X.</ref>
Professor [[H. Patrick Glenn]] asserts that the European concept of human rights developed in reaction to an entrenched hierarchy of class and privilege contrary to, and rejected by, Islam. As implemented in sharia law, protection for the individual is defined in terms of ''mutual obligation'' rather than ''human rights''. The concept of human rights, as applied in the European framework, is therefore unnecessary and potentially destructive to Islamic societies.<ref>Glenn, H. Patrick (2007). p. 194.</ref>
Many secularist, human rights, and leading organisations have criticized Islamic states' stance on human rights. In 2009, the journal ''[[Free Inquiry]]'' summarized this criticism in an editorial: "We are deeply concerned with the changes to the [[Universal Declaration of Human Rights]] by a coalition of Islamic states within the [[United Nations]] that wishes to prohibit any criticism of religion and would thus protect Islam's limited view of human rights. In view of the conditions inside the Islamic Republic of Iran, Egypt, Pakistan, Saudi Arabia, the Sudan, Syria, Bangdalesh, Iraq, and Afghanistan, we should expect that at the top of their human rights agenda would be to rectify the legal inequality of women, the suppression of political dissent, the curtailment of free expression, the persecution of ethnic minorities and religious dissenters — in short, protecting their citizens from egregious human rights violations. Instead, they are worrying about protecting Islam."<ref>Paul Kurtz, [[Austin Dacey]], and Tom Flynn. "Defaming Human Rights". ''[[Free Inquiry]]''. February/March 2009, Vol. 29, No. 2.</ref>
===Freedom of speech===
{{See also|Islamic ethics#Freedom of expression|Jyllands-Posten Muhammad cartoons controversy|Blasphemy laws of the Islamic Republic of Iran|Blasphemy law in Pakistan}}
[[Qadi Ayyad|Qadi 'Iyad]] argues that insulting the Prophet Muhammad is prohibited. Such [[Criticism of religion|criticism]] is [[blasphemy]].
Slander, gossip, and backbiting, or "ghiba" is regarded as a major sin in the Sharia law.
However, the Qur'an does not command a death penalty for blasphemy.<ref>{{Cita libro|url=http://books.google.com/books?id=isDgI0-0Ip4C&pg=PA106#v=onepage&q&f=false |titolo=The Quran- An Encyclopedia |editore=Books.google.com |data= |accesso=4 aprile 2012}}</ref>
===LGBT===
{{Main|LGBT in Islam}}
Homosexual sex is illegal under most interpretations of sharia law, though the prescribed penalties differ from one school of jurisprudence to another. For example, these Muslim-majority countries may impose the [[Capital punishment|death penalty]] for acts perceived as [[sodomy]] and homosexual activities: [[Iran]],<ref>{{Cita web|url=http://www.gaylawnet.com/laws/ir.htm#sodomy |titolo=Laws: Iran, GayLawNet |editore=Gaylawnet.com |data= |accesso=4 aprile 2012}}</ref> [[Nigeria]],<ref>[http://www.gaylawnet.com/laws/ng.htm#sodomy Laws,: Nigeria], GayLawNet</ref> [[Saudi Arabia]],<ref>{{Cita web|url=http://www.gaylawnet.com/laws/sa.htm#sodomy |titolo=Laws: Saudi Arabia, GayLawNet |editore=Gaylawnet.com |data=8 novembre 2010 |accesso=4 aprile 2012}}</ref> [[Somalia]].<ref>{{Cita web|url=http://www.gaylawnet.com/laws/so.htm#sodomy |titolo=Laws: Somalia, GayLawNet |editore=Gaylawnet.com |data=3 aprile 1964 |accesso=4 aprile 2012}}</ref> In contrast, in some Muslim-majority countries such as [[Indonesia]] (outside of Aceh province),<ref>{{dead link|date=September 2011}} {{Cita web|url=http://www.straitstimes.com/Breaking%2BNews/SE%2BAsia/Story/STIStory_429633.html|titolo=Aceh Passes Stoning Law|sito= [[The Straits Times]] |data=14 settembre 2009|accesso=22 dicembre 2009}}</ref> [[Egypt]] and [[Iraq]], same-sex sexual acts are illegal but there is no specific penalty.<ref>{{Cita libro|titolo=Rough Guide to South East Asia: Third Edition|p=74|url=http://www.roughguides.com/|editore= [[Rough Guides]] |isbn=1-84353-437-1|data=August 2005}}</ref>{{Or|date=November 2010}} In Turkey and [[Jordan]], homosexual acts between consenting individuals are legal.<ref>http://www.sodomylaws.org/world/jordan/jordan.htm</ref>
===Women===
{{Main|Women in Islam}}
Shari'ah does not grant the same rights for women as for men in several important instances, including marital and inheritance laws.
In terms of religious obligations, such as certain elements of prayer, payment of the ''zakat'' poor-tax, observance of the [[Ramadan]] fast, and the ''Hajj'' pilgrimage, women are treated no differently from men. There are, however, some exceptions made in the case of prayers and fasting, as women are relieved from the duty of the five daily prayers or fasting during their menstruation.{{citation needed|date=June 2011}}
There are no priests or clergy needed in order to perform rites and sacraments in Islam. The leader of prayer is known as an ''imam''. Men can lead both men and women in prayer, but women do not traditionally lead men in prayer, and usually lead other women in prayer.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). p. 183 (f12.27).</ref> In practice, it is much more common for men to be scholars than women, however in the early days of Islam, female scholars were much more common.<ref>[[Marshall Hodgson|Hodgson, Marshall]] (1958). ''The Venture of Islam Conscience and History in a World Civilization Vol 1''. [[University of Chicago]]. p. 238.</ref> 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."<ref>{{full|date=September 2011}} the last sermon of Muhammad.</ref> Married women have the right to seek employment although it is often thought in [[Patriarchy|patriarchal]] societies that the woman's role as a wife and mother should have first priority.{{citation needed|date=September 2011}}
Islam unequivocally allows both single and married women to own property in their own right.<ref>Horrie, Chris; Chippindale, Peter (1991). p. 49.</ref> Islam grants women the right to inherit property from other family members, and these rights are detailed in the Quran. A woman's inheritance is different from a man's, both in quantity and attached obligations.{{Quran-usc|4|12}} For instance, a daughter's inheritance is usually half that of her brother's.{{Quran-usc|4|11}} Sharia law requires family members females or males to support each other as needed; compare [[Salic law#Female inheritance|female inheritance in Salic law]]. Men are fully obliged to financially maintain their household, whereas women are not; it is often said that even if the woman is a millionaire and he is poor, he is still obliged to spend on her. She is not obliged to share her wealth with her husband unless she does so out of kindness.{{citation needed|date=September 2011}}
Islamic jurists have traditionally held that Muslim women may enter into marriage with only Muslim men,<ref name="interfaith"/> although some contemporary jurists question the basis of this restriction.<ref name="interfaith" /></ref> On the other hand, the Quran allows a Muslim man to marry a chaste woman from the People of the Book, a term that includes Jews, [[Sabians]], and [[Christian]]s.<ref name="interfaith">{{verify credibility|date=September 2011|reason=what are credentials of scholarofthehouse.com? "about us" module at http://www.scholarofthehouse.com/info.html states "Dr. Abou El Fadl is neither involved in nor responsible for any of the activities related to this website...". seemingly no wikipedia article to use to assess.}} [[Khaled Abou El Fadl|El Fadl, Khaled Abou]] (undated). [http://www.scholarofthehouse.com/oninma.html "On Christian Men Marrying Muslim Women"]. [[scholarofthehouse.com]]. Retrieved September 19, 2011.</ref>{{Quran-usc|5|5}} However, fiqh law{{Which|date=November 2010}} has held that it is ''makruh'' (reprehensible) for a Muslim man to marry a non-Muslim woman in a non-Muslim country.<ref name="interfaith"/>
In 2003, a [[Government of Malaysia|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.<ref>Staff (July 23, 2003). [http://news.bbc.co.uk/2/hi/asia-pacific/3100143.stm "Malaysia Permits Text Message Divorce"]. [[BBC News]]. Retrieved September 18, 2011.</ref>
The divorced wife always keeps her [[dowry]] from when she was married, and is given [[child support]] until the age of weaning. The mother is usually granted custody of the child.<ref name="islam-qa.com"/> If the couple has divorced fewer than three times (meaning it is not a final divorce) the wife also receives [[Alimony|spousal support]] for three menstrual cycles after the divorce, until it can be determined whether she is pregnant.<ref name="Misri pg. 546"/>
{{See also|Ma malakat aymanukum}}{{Why?|date=September 2011|reason=linked article is about slaves. not quite sure of context for leap from "women" (this section's heading) to one on "slaves". perhaps intended to be separate section in future? (or one that was excised, intentionally or by goof, in earlier version?)}}
Historically, Islamic law granted women certain legal rights that Western legal systems did not grant women until the 20th century.<ref>{{Cita pubblicazione|cognome=Dr. Badawi|nome=Jamal A.|titolo=The Status of Women in Islam|rivista=Al-Ittihad Journal of Islamic Studies|volume=8|numero=2|data=September 1971|cid=harv}}</ref> [[Noah Feldman]], a [[Harvard University]] law professor, has noted:
{{quotation|As for [[sexism]], the common law long denied married women any property rights or indeed legal personality apart from their husbands. When the British applied their law to Muslims in place of shariah, as they did in some colonies, the result was to strip married women of the property that Islamic law had always granted them – hardly progress toward equality of the sexes.<ref name=Feldman>{{Cita news|wkautore=Noah Feldman|cognome=Feldman |nome=Noah |titolo=Why Shariah?|pubblicazione= [[The New York Times]] |data=16 marzo 2008|url=http://www.nytimes.com/2008/03/16/magazine/16Shariah-t.html?ei=5070&em=&en=5c1b8de536ce606f&ex=1205812800&pagewanted=all|accesso= 17 settembre 2011}}</ref>}}
Since the 20th century, Western legal systems have generally allowed for "greater women's rights" than Islamic law.<ref>{{Cita pubblicazione|autore= Hafez, Mohammed|titolo=Why Muslims Rebel|rivista=[[Al-Ittihad Journal of Islamic Studies]]|volume=1|numero=2|data=September 2006|cid=harv|postscript=.}}</ref>
===Slavery and emancipation===
{{Main|Islamic views on slavery}}
In [[Fiqh|Islamic jurisprudence]], slavery was an exceptional condition, with the general rule being a presumption of freedom (''al-'asl huwa 'l-hurriya'' — "''The basic principle is liberty''") for a person if his or her origins were unknown.<ref name="eois">Brunschvig. 'Abd; [[Encyclopedia of Islam]]</ref> Lawful enslavement was restricted to two instances: capture in war (on the condition that the prisoner is not a Muslim), or birth in slavery. Islamic law did not recognize the classes of slave from [[pre-Islamic Arabia]] including those sold or given into slavery by themselves and others, and those indebted into slavery.<ref name="eois"/> A well-known [[hadith|prophetic tradition]] has severely chastised those who enslave free people for monetary gain.<ref>{{Cita libro|editore= Walter de Gruyter| isbn = 978-90-279-7612-3|cognome= Graham|nome= William Albert|titolo= Divine Word and Prophetic Word in Early Islam: A Reconsideration of the Sources, with Special Reference to the Divine Saying Or Ḥadîth Qudsî|data= 1977|p=192}}</ref> Though a free Muslim could not be enslaved, [[Religious conversion|conversion to Islam]] by a non-Muslim slave did not require that he or she then should be liberated. Slave status was not affected by conversion to Islam.<ref>Lewis 1990, page 9.</ref>
===Non-Muslims===
{{Main|Dhimmi}}
Based on Quranic verses and Islamic traditions, classical sharia distinguishes between Muslims, followers of other [[Abrahamic]] monotheistic religions, and pagans or people belonging to other polytheistic religions. As [[monotheism|monotheists]], Jews and Christians have traditionally been considered "People of The Book," and afforded a special status known as [[dhimmi]] derived from a theoretical contract - "dhimma" or "residence in return for taxes". There are parallels for this in Roman and Jewish law.<ref>Glenn, H. Patrick (2007) pp. 217–219.</ref> Hindus were originally considered pagans and given the choice between conversion to Islam and death (or slavery), as pagans are not afforded the rights and protections of the dhimma contract.<ref>{{Harvnb|Lewis|1984|p=[http://books.google.com.ph/books?id=W0EbKFRxrT4C&pg=PA18 18]}}</ref>{{dubious|date=May 2012}} Muslim governments in the Indus basin readily extended the dhimmi status to the Hindus and Buddhists of India.<ref>[[Marshall Hodgson]], ''The Venture of Islam Conscience and History in a World Civilization Vol 2''. [[University of Chicago]], 1958, p. 278.</ref> Eventually, the [[Hanafi|largest]] school of [[Fiqh|Islamic scholarship]] applied this term to all non-Muslims living in Islamic lands outside the [[Hejaz|sacred area]] surrounding Mecca, Saudi Arabia.<ref>al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition). p. 603.</ref>
[[File:Ground Zero Mosque Protesters 11.jpg|thumb|A protester opposing the [[Park51]] project, carries an anti-Sharia sign.]]
Classical sharia attributes different legal rights and obligations to different religious groups; in practice, this consisted of curbs on the rights and freedoms of non-Muslims.<ref>{{Harvnb|Lewis|1984|p=[http://books.google.com.ph/books?id=W0EbKFRxrT4C&pg=PA62 62]}}</ref> However, the classical dhimma contract is no longer enforced. Western influence has been instrumental in eliminating the restrictions and protections of the dhimma contract, thereby contributing to the current state of relations between Muslims and non-Muslims living in Islamic lands.<ref>{{Harvnb|Lewis|1984|p=[http://books.google.com.ph/books?id=W0EbKFRxrT4C&pg=PA184 184]}}</ref>
According to law professor [[H. Patrick Glenn]] of the Canadian [[McGill University]], located in [[Montreal]], [[Quebec]], "[t]oday it is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while (and here there are clear parallels with western public and private law treatment of aliens – Fremdenrecht, la condition de estrangers), '[f]or the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations'."<ref>Glenn, H. Patrick (2007). p. 219.</ref>
Classical sharia incorporated the [[religious law]]s and [[court]]s of [[Christianity|Christian]]s, [[Judaism|Jews]] and [[Hinduism|Hindus]], as seen in the early [[Caliphate]], [[Al-Andalus]], [[Muslim conquest in the Indian subcontinent|Indian subcontinent]], and the [[Millet (Ottoman Empire)|Ottoman Millet]] system.<ref name=Weeramantry-138>{{Harvnb|Weeramantry|1997|p=138}}</ref><ref name=Sachedina>{{Cita libro|titolo=The Islamic Roots of Democratic Pluralism|autore= Sachedina, Abdulaziz Abdulhussein |anno=2001|editore= [[Oxford University Press]] |isbn=0-19-513991-7|cid=harv|postscript=.}}</ref> In medieval Islamic societies, the ''[[qadi]]'' (Islamic judges) usually could not interfere in the matters of non-Muslims unless the parties voluntarily choose to be judged according to Islamic law, thus the ''[[dhimmi]]'' communities living in Islamic states usually had their own laws independent from the sharia law, such as the Jews who would have their own ''[[Halakha]]'' courts.<ref>{{Cita libro|titolo=Under Crescent and Cross: The Jews in the Middle Ages|autore= [[Mark R. Cohen|Cohen, Mark R.]] |editore=[[Princeton University Press]]|anno=1995|isbn=0-691-01082-X|p=74|url=http://books.google.com/?id=fgbib5exskUC&printsec=frontcover&dq=cohen+Under+Crescent+and+Cross&q|accesso=10 aprile 2010 |cid=harv|postscript=.}}</ref> These courts did not cover cases involved other religious groups, or capital offences or threats to public order. By the 18th century, however, dhimmis frequently attended the Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other dhimmis. Oaths sworn by dhimmis in these courts were tailored to their beliefs.<ref name = "al-Qattan-99">{{Cita pubblicazione|autore= al-Qattan, Najwa |titolo= Dhimmis in the Muslim Court: Legal Autonomy and Religious Discrimination |rivista= [[International Journal of Middle East Studies]] |volume=31 |numero=3 |pp=429–444 |editore= [[University of Cambridge]] |anno=1999 | postscript=. | issn=00207438 | doi=10.1017/S0020743800055501 |cid=harv}}</ref>
Non-Muslims were allowed to engage in certain practices (such as the consumption of alcohol and pork) that were usually forbidden by Islamic law. [[Zoroastrianism|Zoroastrian]] "self-marriages", that were considered incestuous under sharia, were also tolerated. [[Ibn Qayyim]] (1292–1350) opined that non-Muslims were entitled to such practices since they could not be presented to sharia courts and the religious minorities in question held it permissible. This ruling was based on the precedent that the prophet [[Muhammad]] did not forbid such self-marriages among Zoroastrians despite coming into contact with Zoroastrians and knowing about this practice.<ref>Jackson, Sherman A. (2005). [http://books.google.com/?id=nprKYM8sleYC&pg=PA144&dq=ankiha+fasida#v=onepage&q p. 144] (via [[Google Books]]). Retrieved September 19, 2011.</ref> Religious minorities were also free to do whatever they wished in their own homes, provided they did not publicly engage in illicit sexual activity in ways that could threaten public morals.<ref>Jackson, Sherman A. (2005). [http://books.google.com/?id=nprKYM8sleYC&pg=PA145&dq=ankiha+fasida#v=onepage&q p. 145] (via [[Google Books]]). Retrieved September 19, 2011.</ref>
==Parallels with Western legal systems==
===Comparisons with common law===
Parallels to common law concepts are found in classical Islamic law and jurisprudence including ''[[ratio decidendi]]'' (''illah''). Several fundamental common law institutions may have been adapted from similar legal institutions 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. In particular, 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." {{Citation needed|date=September 2011}} The English trust and agency institutions in common law were possible adapted from the Islamic Waqf and Hawala institutions respectively during the Crusades. It is worth noting, however, that transferring property to another for the "use" of another developed largely in response to the requirements of feudal inheritance law. Trust law, in particular, is a creature of equity which derived from the parallel jurisdiction of the Lord Chancellor to decide matters independently to the Royal Courts.
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. The methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems. These similarities and influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".<ref>{{Cita pubblicazione|autore= Moghul, Umar F. |titolo= Approximating Certainty in Ratiocination: How To Ascertain the 'Illah (Effective Cause) in the Islamic Legal System and How To Determine the Ratio Decidendi in the Anglo-American Common Law|rivista= [[Journal of Islamic Law]] |volume=4|data=Fall/Winter 1999|p=125|cid=harv|postscript=.}}</ref>
===Comparisons with civil law===
One of the institutions developed by classical Islamic jurists that influenced [[Civil law (legal system)|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. ''Hawala'' itself later influenced the development of the ''[[Aval]]'' in [[Law of France|French civil law]] and the ''Avallo'' in [[Italy|Italian]] law.<ref name=Badr>{{Harv|Badr|1978|pp=196–8}}</ref> The "European ''commenda''" [[limited partnership]]s (Islamic ''[[Qirad]]'') used in civil law as well as the civil law conception of ''res judicata'' may also have origins in Islamic law.<ref name=Makdisi/>
===International law===
Islamic law also made "major contributions" to international [[admiralty law]], departing from the previous Roman and [[Byzantine law|Byzantine]] maritime laws in several ways.<ref name=Tai/><ref>{{Cita libro|titolo=Islamic Maritime Law – An Introduction |autore= Khalilieh, Hassan Salih |editore=[[Leiden]], [[Netherlands]]: [[Brill Publishers]]|anno=1998|isbn=978-90-04-10955-1|cid=harv|postscript=.}}</ref> 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." Muslim jurists also distinguished between "coastal navigation, or ''[[cabotage]]''," and voyages on the "[[International waters|high seas]]", and they also made shippers "[[Legal liability|liable]] for freight in most cases except the [[Search and seizure|seizure]] of both a ship and its [[cargo]]." Islamic law also "departed from [[Justinian I|Justinian's]] ''[[Pandects|Digest]]'' and the ''[[Nomos Rhodion Nautikos]]'' in condemning slave jettison", and the Islamic ''Qirad'' was also a precursor to the European ''commenda'' [[limited partnership]]. The "Islamic influence on the development of an international law of the sea" can thus be discerned alongside that of the Roman influence.<ref name=Tai>{{Cita pubblicazione|autore= Tai, Emily Sohmer |titolo=Book Review: Hassan S. Khalilieh, ''Admiralty and Maritime Laws in the Mediterranean Sea (ca. 800–1050): The "Kitāb Akriyat al-Sufun" vis-à-vis the "Nomos Rhodion Nautikos"''|rivista= [[Medieval Encounters]]|volume=13|anno=2007|pp=602–612|cid=harv|postscript=.}}</ref>
===Legal education===
{{Main|Madrasah|Ijazah}}
The origins of the [[Ijazah]] 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. 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 [[Postgraduate education|post-graduate]] course. The "doctorate was obtained after an oral [[Test (student assessment)|examination]] to determine the originality of the candidate's [[Dissertation|theses]]", and to test the student's "ability to defend them against all objections, in [[disputation]]s set up for the purpose," which were scholarly exercises practiced throughout the student's "career as a [[Graduate school|graduate student]] of law." After students completed their post-graduate education, they were awarded doctorates giving them the status of ''[[faqih]]'' (meaning "[[Master of Laws|master of law]]"), ''[[mufti]]'' (meaning "professor of [[Fatwā|legal opinions]]") and ''mudarris'' (meaning "teacher"), which were later translated into [[Latin]] as ''[[Magister (degree)|magister]]'', ''[[professor]]'' and ''[[Doctor (title)|doctor]]'' respectively.<ref name=G-Makdisi>{{Cita pubblicazione|autore= Makdisi, George|titolo=Scholasticism and Humanism in Classical Islam and the Christian West|rivista=[[Journal of the American Oriental Society]]|volume=109|numero=2|data=April–June 1989|pp=175–182 [175–77]|doi=10.2307/604423|editore=Journal of the American Oriental Society, Vol. 109, No. 2|cid=harv|postscript=.|jstor=604423}}</ref>
===Role in economic development and corporate law===
Sharia classically recognizes only [[natural persons]], and never developed the concept of a [[legal person]], or [[corporation]], i.e., a legal entity that [[Limited liability|limits the liabilities]] of its managers, shareholders, and employees; exists beyond the lifetimes of its founders; and that can own assets, sign contracts, and appear in court through representatives.<ref>[[Timur Kuran|Kuran, Timur]]. [http://www.helsinki.fi/iehc2006/papers3/Kuran.pdf ''The Absence of the Corporation in Islamic Law – Origins and Persistence''].</ref> Thus, sharia has no native tradition of [[corporate law]]. This, combined with egalitarian rules of inheritance for male descendants ''(compare with [[primogeniture]])'', hindered the concentration of wealth and the development of larger and more sophisticated enterprises, according to [[Timur Kuran]] of American [[Duke University]], located in [[Durham, North Carolina|Durham]], [[North Carolina]]. Prohibitions on interest, or "[[riba]]" also disadvantaged Muslims ''vis-à-vis'' non-Muslim minorities in accessing banks and insurance when these services were first introduced by Westerners. Interest prohibitions, also imposed secondary costs by discouraging record keeping, and delaying the introduction of modern accounting.<ref>Kuran, Timur (2005). "The Logic of Financial Westernization in the Middle East". ''[[Journal of Economic Behavior and Organization]]''. Vol. 56. p. 600.</ref> Such factors, according to Kuran, have played a significant role in retarding economic development in the Middle East.<ref>[http://www.international.ucla.edu/cms/files/kuran.0130.pdf "Why the Middle East Is Economically Underdeveloped – Historical Mechanisms of Institutional Stagnation"].</ref> Though, it is argued, the West caught up in the economic crises at the outset of the 21st century when many of the aforementioned economic policies backfired on a global scale and threatened to bankrupt entire countries.
===Qanun===
After the fall of the Abbasids in 1258, a practice known to the [[Turkish people|Turks]] and [[Mongols]] transformed itself into [[Qanun]], which gave power to caliphs, [[governor]]s, and sultans alike to "make their own regulations for activities not addressed by the sharia."<ref name = "Berg-TerrorLaw">Berg, Herbert. "Islamic Law." Berkshire Encyclopedia of World History 3 (2005): 1030. In History Reference Center[database online]. Available from Snowden Library . Retrieved February 11, 2008.</ref> The Qanun began to unfold as early as Umar I (586-644 CE).<ref name = "Berg-TerrorLaw"/> 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.<ref name = "Berg-TerrorLaw"/> Qanun in Arabic means law or rules.
==Vedi anche==
{{multicol|75%}}
* [[Ban on Sharia law]]
* [[Dīn]]
* [[Glossary of Islam]]
* [[Guardianship of the Islamic Jurists]]
* [[Islam and the arts]]
{{col-break}}
* [[Islamic Sharia Council]] – a United Kingdom court with no legal authority
* [[
* [[Ma'ruf]]
* [[Mizan]] – a comprehensive treatise on the contents of Islam written by [[Javed Ahmad Ghamidi]]
* [[Theonomy]]
{{col-end}}
;Problemi specifici
{{multicol|75%}}
* [[Diyya]] – compensation for crimes
* [[Islamic inheritance jurisprudence]]
{{col-break}}
* [[Qisas]] – retaliatory crimes
* [[Tazir]] – less-severe crimes (thus, "crimes against individuals", not God)
{{col-end}}
;Scuole di giurisprudenza
{{multicol|75%}}
* [[Hanafi]]
* [[Hanbali]]
* [[Ja'fari jurisprudence]]
{{col-break}}
* [[Maliki]]
* [[Shafi'i]]
{{col-end}}
==Referenze==
{{Reflist|30em}}
==Fonti==
{{multicol}}
* Ahmad ibn Naqib al-Misri (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller). ''Umdat al-Salik wa Uddat al-Nasik|Reliance of the Traveller – A Classic Manual of Islamic Sacred Law'' (1994 revised edition). Amana Publications ISBN 978-0-915957-72-9.
* [[Muhammad ibn Idris ash-Shafi'i|ash-Shafi'i, Muhammad ibn Idris]] (1993). ''Risala: Treatise on the Foundations of Islamic Jurisprudence''. Islamic Texts Society. ISBN 0-946621-15-2.
*{{Cita pubblicazione|autore=Badr, Gamal Moursi |titolo=Islamic Law: Its Relation to Other Legal Systems |rivista= American Journal of Comparative Law |volume=26 |numero=2 [Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24–25, 1977] |data=Spring 1978 |pp=187–198 |doi=10.2307/839667 |editore=American Journal of Comparative Law, Vol. 26, No. 2 |cid=harv |jstor=839667 }}
*{{Cita pubblicazione|autore= Badr, Gamal Moursi; Mayer, Ann Elizabeth |titolo=Islamic Criminal Justice |rivista= American Journal of Comparative Law |volume=32 |numero=1 |data=Winter 1984 |pp=167–169 |doi=10.2307/840274 |editore=American Journal of Comparative Law, Vol. 32, No. 1 |cid=harv |jstor=840274 }}
* Bakhtiar, Laleh; Reinhart, Kevin (1996). ''Encyclopedia of Islamic Law: A Compendium of the Major Schools''. Kazi Publications, ISBN 1-56744-498-9.
* Berg, Herbert (2005). "Islamic Law." ''Berkshire Encyclopedia of World History 3''. p. 1,030. In History Reference Center [database online]. Available from Snowden Library (accessed February 11, 2008).
* Brown, Daniel W. (1996). ''Rethinking Traditions in Modern Islamic Thought''. Cambridge: [[Cambridge University Press]]. ISBN 0-521-65394-0.
* Coulson, Noel James (1964). ''A History of Islamic Law (Islamic Surveys)''. Oxford: [[Oxford University Press]].
* Darwish, Nonie (2008). ''Cruel and Usual Punishment: The Terrifying Global Implications of Islamic Law''. Thomas Nelson. ISBN 978-1-59555-161-0.{{verify credibility|date=November 2010}}
* Dien, Mawil Izzi (2004). ''Islamic Law: From Historical Foundations to Contemporary Practice''. Notre Dame, Illinois: University of Notre Dame Pres.
* Doi, Abd ar-Rahman I.; Clarke, Abdassamad (2008). ''Shari'ah: Islamic Law''. Ta-Ha Publishers Ltd. ISBN 184200-085-3 (paperback); ISBN 978-1-84200-087-8 (hardback).
* El-Fadl, Khaled Abou (2003). ''Reasoning with God: Rationality and Thought in Islam''. Oneworld. ISBN 1-85168-306-2.
*{{Cita libro|autore= El-Gamal, Mahmoud A.|titolo=Islamic Finance: Law, Economics, and Practice|anno=2006|editore= [[Cambridge University Press]]|isbn=0-521-86414-3|cid=harv}}
*{{Cita libro|autore= Esposito, John|titolo=The Oxford dictionary of Islam|anno=2004|editore= [[Oxford University Press]]}}
*{{Cita pubblicazione|autore= Gaudiosi, Monica M. |titolo=The Influence of the Islamic Law of Waqf on the Development of the Trust in England: The Case of Merton College |rivista=University of Pennsylvania Law Review |volume=136 |numero=4 |data=April 1988 |pp=1,231–1,261 |doi=10.2307/3312162 |editore=University of Pennsylvania Law Review, Vol. 136, No. 4 |cid=harv |postscript = . |jstor=3312162 }}
{{col-break}}
*{{Cita libro|autore= [[Javed Ahmad Ghamidi|Ghamidi, Javed]] |titolo= [[Mizan]] |editore= [[Al-Mawrid|Dar al-Ishraq]] |anno= 2001 | oclc=52901690 |postscript = .}}
*[[H. Patrick Glenn|Glenn, H. Patrick]] (2007). ''Legal Traditions of the World – Sustainable Diversity in Law'' (3rd edition). New York City; Oxford: [[Oxford University Press]]. ISBN 978-0-19-920541-7.
*Harnischfeger, Johannes (2008). ''Democratization and Islamic Law – The Sharia Conflict in Nigeria''. Frankfurt; New York City: [[Campus Verlag]] and Chicago: [[University of Chicago Press]] (distributor). ISBN 978-3-593-38256-2.
*{{Cita libro|autore= Hudson, A. |titolo=Equity and Trusts |anno=2003 |edizione=3rd |editore=[[Cavendish Publishing]] |città=London |isbn=1-85941-729-9}}
* [[Chris Horrie|Horrie, Chris]]; Chippindale, Peter (1991). ''What Is Islam? A Comprehensive Introduction''. [[Virgin Books]]. ISBN 0-7535-0827-3.
*{{Cita libro|titolo=Islam and the Blackamerican – Looking Toward the Third Resurrection |autore= [[Sherman Jackson|Jackson, Sherman A.]] |editore= New York City; Oxford: [[Oxford University Press]] |anno=2005 |isbn= 978-0-19-518081-7}}
* Kafadar, Cemal (1996). ''Between Two Worlds: The Construction of the Ottoman State''. [[University of California Press]]. ISBN 0-520-20600-2.
*Khadduri, Majid and Liebesny, Herbert J. (Editors). Law in the Middle East: Volume I: Origin and Development of Islamic Law. Washington D.C.: The Middle East Institute, 1955.
* {{Cita libro|cognome= Lewis|nome=Bernard|titolo=The Jews of Islam|url=http://books.google.com/books?id=W0EbKFRxrT4C|anno=1984|editore=Princeton University Press|isbn=978-0-691-00807-3|cid=harv}}
* Liebesny, Majid &, and Herbert J. (editors) (1955). ''Khadduri. Law in the Middle East: Volume I: Origin and Development of Islamic Law''. Washington D.C.: [[Middle East Institute]].
*{{Cita pubblicazione|cognome= Makdisi |nome=John A.|titolo=The Islamic Origins of the Common Law|rivista=[[North Carolina Law Review]]|data=June 1999|volume=77|numero=5|pp=1,635–1,739|cid=harv}}
*{{Cita libro|cognome=Makdisi|nome=John|anno=2005|titolo=Islamic Property Law: Cases and Materials for Comparative Analysis with the Common Law|editore=Carolina Academic Press|isbn=1-59460-110-0|cid=harv}}
* Mumisa, Michael (2002). ''Islamic Law: Theory & Interpretation''. [[Amana Publications]]. ISBN 1-59008-010-6.
* Musa, A. Y. (2008). ''Hadith as Scripture: Discussions on The Authority Of Prophetic Traditions in Islam'', New York: [[Palgrave Macmillan|Palgrave]].
* Otto, Jan Michiel (2008). ''Sharia and National Law in Muslim Countries – Tensions and Opportunities for Dutch and EU Foreign Policy – Law, Governance, and Development''. [[E-book]]: [[Amsterdam University Press]]. ISBN 978-6611988326.
* [[Omid Safi|Safi, Omid]] (2003). ''Progressive Muslims: On Justice, Gender, and Pluralism''. [[Oneworld Publications]]. ISBN 1-85168-316-X.
* [[Omar Shahin|Shahin, Omar]] (2007). ''The Muslim Family in Western Society: A Study in Islamic Law''. [[Cloverdale Corporation]]. ISBN 978-1-929569-30-4.
*Standke, Corinna (2008). ''Sharia - The Islamic Law''. [[GRIN Verlag]]
*{{Cita libro|cognome=Weeramantry |nome=Christopher |titolo=Justice Without Frontiers: Furthering Human Rights|url=http://books.google.com/?id=3-1sH1wc58UC&printsec=frontcover#v=onepage|anno=1997|editore=[[Brill Publishers]] (via [[Google Books]]) |isbn=90-411-0241-8|cid=harv}}
*{{Cita libro|autore= Weiss, Bernard G. |titolo=Studies in Islamic Legal Theory |anno=2002 |città=Leiden; Boston |editore= [[Brill Publishers]] | isbn=978-90-04-12066-2}}
{{col-end}}
;General
*''[[Encyclopaedia of Islam]]''. Ed. P. Bearman et al., Leiden: Brill, 1960-2005.
==Approfondimenti==
* Ali, Abdullah Yusuf (2000). ''The Holy Qur'an'' (Translated by Abdullah Yusuf Ali). Ware, Hertfordshire, England: Wordsworth Editions. ISBN 978-1-85326-782-6. A popular translation of the Quran.
* Hussain, Jamila (2011). ''Islam: Its Law and Society'' (3rd edition). Annandale, N.S.W., Australia: The Federation Press. ISBN 1-86287-499-9. {{OCLC|742018517}}. A modern discourse on Sharia law.
* {{Cita libro|titolo=Heaven on Earth: A Journey Through Shari'a Law |cognome=Kadri |nome=Sadakat |anno=2011 |editore=The Bodley Head |città=London |isbn=1-84792-016-0 |oclc=774921862 |id=, {{OCLC|670282592}}, {{OCLC|777379796}}}}
** {{Cita libro|titolo=Heaven on Earth: A Journey Through Shari'a Law from the Deserts of Ancient Arabia to the Streets of the Modern Muslim World |anno=2012 |editore=Farrar, Straus and Giroux |città=New York |isbn=0-374-16872-5 |oclc=740628896 |url=http://books.google.com/books?id=dvRC2vdw1BwC}} American edition.
* Khan, Muhammad Muhsin (1996). ''The English Translation of Ṣaḥīḥ Al Bukhārī with the Arabic Text''. Alexandria, Va.: Al-Saadawi Publications. ISBN 978-1-881963-59-2. {{oclc|35673415}}. The complete translation (in nine volumes) of a popular Sunni collection of hadith.
* Potz, Richard (2011). ''[http://nbn-resolving.de/urn:nbn:de:0159-2011112127 Islamic Law and the Transfer of European Law]''. Mainz: European History Online, Institute of European History. Retrieved: November 28, 2011.
*Nuh Ha Mim Keller (ed., trans.), ''[[Reliance of the Traveller]]: Classic Manual of Islamic Sacred Law'', Amana Publications, revised edition 1997, ISBN 9780-915957-72-9
*Warner, Bill (2010). ''Sharia Law for Non-Muslims''. CSPI. ISBN 0979579481
==Link esterni==
{{commons category|Sharia}}
{{Wiktionary}}
{{Wikiquote}}
* {{en}} [http://www.wdibf.com/ World Database for Islamic Banking and Finance]
* {{en}} [http://www.al-mawrid.org/ Al-Mawrid Institute of Islamic Sciences]
* {{en}} [http://www.shariah-institute.org/ Shariah Institute]
* {{en}} [http://huquq.com/ Human Rights and Islamic Law]
* {{en}} [http://www.islamic-sharia.co.uk/main.html The Islamic Sharia Council UK]
* {{en}} [http://www.matribunal.com/ Muslim Arbitration Tribunal]
* {{en}} [http://bostonreview.net/BR34.2/bowen.php Private Arrangements: 'Recognizing Sharia' in Britain] - l'antropologo John R. Bowen spiega il funzionamento delle corti inglesi basate sulla sharia in un articolo pubblicato sulla ''Boston Review''.
* {{en}} [http://tabsir.net/?p=844#more-844 Khalid Chraibi: Reforming Islamic family law within the religious framework - The "best practices" strategy]
* {{en}} [http://www.cyberorient.net/article.do?articleId=7350 Khalid Chraibi: The king, the mufti & the Facebook girl - a power play. Who decides what is licit in Islam? - CyberOrient]
* {{en}} [http://www.quraanicstudies.com/no-error-in-qur-an-division-of-inheritance-according-to-quran/ Division of Inheritance According to Qur'an]
* {{en}} [http://www.makkahcalendar.org/ Islamic Calendar as per Sharia Rules]
* {{en}} [http://www.newageislam.com/islamic-sharia-laws/‘gay-rights’-versus-the-‘human-rights-of-gays’-–-a-fresh-insight-into-the-broader-message-of-the-qur’an/d/8643 ‘Gay Rights’ Versus The ‘Human Rights Of Gays’ – A Fresh Insight Into The Broader Message Of The Qur’an (NewAgeIslam)]
{{Islam}}
{{Portale|Islam|Diritto}}
<pre>[[Categoria:Diritto islamico]]
[[Categoria:Religione e politica]]
[[Categoria:Espressioni comuni della lingua araba]]</pre>
{{Link FA|mk}}
[[ar:شريعة إسلامية]]
[[ast:Xaria]]
[[ba:Шәриғәт]]
[[be:Шарыят]]
[[be-x-old:Шарыят]]
[[bg:Шариат]]
[[bo:ཤ་རི་ཡ།]]
[[bs:Šerijat]]
[[ca:Xaria]]
[[cs:Šaría]]
[[da:Sharia]]
[[de:Scharia]]
[[dv:ޝަރީޢަތް]]
[[et:Šariaat]]
[[el:Σαρία]]
[[en:Shari'a]]
[[es:Sharia]]
[[eo:Ŝario]]
[[eu:Xaria]]
[[fa:احکام اسلام]]
[[fr:Charia]]
[[gl:Shari'a - شريعة]]
[[ko:샤리아]]
[[hi:शरीया]]
[[hr:Šerijatsko pravo]]
[[id:Syariat Islam]]
[[he:שריעה]]
[[ka:შარია]]
[[kk:Шариғат]]
[[ku:Şerîet]]
[[ky:Шарият]]
[[lv:Šariats]]
[[lt:Šariatas]]
[[hu:Saría]]
[[mk:Шеријат]]
[[ml:ശരീഅത്ത്]]
[[ms:Syariat Islam]]
[[nl:Sharia]]
[[ja:シャリーア]]
[[no:Sharia]]
[[nn:Sjaria]]
[[uz:Shariat]]
[[ps:شريعت]]
[[pl:Szariat]]
[[pt:Charia]]
[[ro:Shariah]]
[[ru:Шариат]]
[[sq:Sheriati]]
[[si:ෂරීආ - ඉස්ලාමීය නීති රීති]]
[[simple:Sharia]]
[[sk:Šaría]]
[[sr:Шеријат]]
[[sh:Islamsko pravo]]
[[fi:Šaria]]
[[sv:Sharia]]
[[tl:Sharia]]
[[ta:இஸ்லாமியச் சட்ட முறைமை]]
[[tt:Şäriğät]]
[[te:షరియా]]
[[th:กฎหมายชะรีอะฮ์]]
[[tr:Şeriat]]
[[uk:Шаріат]]
[[ur:شریعت]]
[[vi:Sharia]]
[[war:Sharia]]
[[diq:Şeriet]]
[[zh:伊斯蘭教法]]
-->
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