...Is Sharia Law really offending people who go by Justinian’s Code? Justinian’s Code is a law system to fix/rebuild Rome, it was made by Justinian I, the first Byzantine emperor. The code was made up of four books the codex, the digesta, or Pandectae, Institutiones, and Novellae Constitutiones Post Codicem. Now to Sharia Law, Sharia law or Islamic law is the religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the Hadith. The source of Justinian's Code or what is was really influenced by was the original Twelve Tables. Since Justinian was the new emperor of Rome, or the new Rome, he wanted to fix Rome. So he took what Law Code was there, the Twelve Tables,...
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...al-Samad has stated the SHARIA law violates the religious clauses of the First Amendment of the Constitution, or more specifically the free exercise and establishment clauses. al-Samad points this out because the law bans the usage of Sharia law in its application in forming federal laws and federal court precedents. As for how the SHARIA law violates the establishment clause of the U.S. Constitution one simply look no further than the third prong of the Lemon Test, which says a law passed under state or federal power should not create excessive government entanglement. Under the proposed definition of the this law, one would have to define what Sharia, is but my sharia’s definition, it is merely “a path to water” or a starting point and therefore would be different for each individual Muslim depending on their own interpretation and many other factors, rather than its counterpart in the Arabic language “fiqh” which is considered set in stone, but since it is decided by man, it may be filled in numerous errors and subject to change....
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...gender and reproductive choice. In some cases, women were being denied rights by those who claimed to be acting in the name of 'Islamic' laws. some of which are incompatible with internationally recognized human rights. This article identifies selected sexual and reproductive health issues at the intersection ofreproductive rights and Shari 'a e.g. adultery (zina), inheritance, child marriages, polygny, and violence against women and considers how their shared concerns may prompt actions leading to the elimination of religious and cultural barriers imposed by Shari 'a which impede the implementation of international legal frameworks and consensus documents on reproductive rights. Nigeria is selected as a case study on the nature of implementation of Shari 'a law and reproductive rights. The article calls for more progressive interpretations of Islamic law to be codified in legislative reforms and/or seek to interpret Islamic law in harmony with international human rights standards and calls for the implementation of Shari 'a that would promote respect for human rights. J believe that if Islam is interpreted and applied correctly, we can have totally egalitarian laws for women and strike punishments such as stoning and cutting hands from out of law books.! * Senior Lecturer and Head, Department of Public and International Law, College of Law, Osun State University, Nigeria. S Ebadi of Iran, 'Arab Women Urged to Advocate for Rights Post-Revolution. ' interview with the Nobe l Peace...
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...groups like the Muslim Brotherhood from an opportunity to voice their political views. This made the Arab Socialist Union the sole party in parliament under the Nasser era. After the death of Gamal Abdel Nasser in 1970, there was a huge shift once Anwar Sadat seized control as being the secretary of the former Prime Minister Nasser. Anwar Sadat drafted a new constitution, which included the principles of Sharia into the Egyptian constitution. The state changed from being a secular state to becoming a religious state. Anwar Sadat abolished certain views of Nasser, which he did not agree with. He abolished the one party rule, which gave an opportunity to Islamic groups such as the Muslim Brotherhood to influence their ideas politically. Thus, I will analyze Sadat’s ideas for implementing the Sharia into the 1971 constitution with limitations of structuralism triggering the revival of interest in the role of idea in policy analysis. An Ideational Approach is weak to consider viewing the dilemma next to Rational Choice Theory. Anwar Sadat implemented the principles of Sharia...
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...Section1. INTRODUCTION In Islamic Law of Succession, the matter of inheritance by grandchildren from predeceased child of deceased stands on a critical position. By the rule of traditional succession law any son of the deceased excludes such grandchildren generally. But now this time many states brought some changes as to such traditional rule for the benefit of such grandchildren which works as shields from total exclusion. Pakistan brought a major change in 1961 by section-4 of the Muslim Family Laws Ordinance (MFLO). In Bangladesh the same law has become accepted through the promulgation of the ‘Laws Continuance Enforcement Order, 1971’. Section-4 the MFLO’1961 affects the fundamental principles of Muslim Law of Succession. Bangladesh is the only country which has adopted such change. Although this law has faced many challenges in Pakistan but in Bangladesh no academic discussion or judicial interpretation is made till now. Since 1961, from the date of adoption of MFLO there are differences of opinion among the persons. Some of them supported such enactment and some of them denied. The persons who opposed the law are known as traditionalists and the others are modernists. Both groups have logics behind their beliefs. Professor Serajuddin has rightly pointed it out that ‘It will however, be wrong to assume that only the traditionalists are opposed to orphaned grandchild’s inheritance. Again an internationally acclaimed scholar on Islamic Law thinks that section-4 of the MFLO...
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...were caused by risk also known as gharar and gambling. Both gharar and gambling are banned by Islamic law (Smith, 2012). The author argues that religious beliefs not limited to Islam can influence more responsibility within a business’s leadership. Omneya Abdelsalam, the director of the El Shaarani Research Centre for Islamic Business believes the belief of god and his power brings an acute level of accountability and responsibility (Smith, 2012). The suggestion of Dr Abdelsalam is that the belief of religion has a direct power of the way individuals conduct business. Islamic businesses primary ethical perspectives are to fulfill social responsibility of the business to the best of its capabilities, have fair treatment for employees, care for the environment and customers, and fulfilling the obligation toward shareholders and other stakeholders (Smith, 2012). Challenges faced by Islamic businesses are the views of tangible assets and some principles. Cedomir Nestorovic, a professor of Islamic business and management states that Islamism’s should not be teaching business techniques alone. They must include religious and ethical issues to explain the rational of industries (Smith, 2012). To increase Islam’s span of international business Islamic businesses need to embrace the spirit of Sharia instead of finding ways around it. Sharia law is the moral code and religious law of Islam (The American Heritage®...
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...system, which is based under English Common Law. The people of Iran and many other countries and governments in the Middle East, follow Islamic law, also known as Sharia Law. Sharia Law is the underlying influence of the legal code in many Muslim countries. What is Sharia Law? Sharia law, also known, as Islamic law is a movement derived from the Holy Quran that allows such countries as Iran to govern personal status laws, regulations that pertain to divorce and marriage, inheritance and custody. In the Middle East, Sharia law contains major controversy when it comes to influence status law as well as criminal law. The Holy Quran and some of its interpretations are used to justify what Americans would describe as cruel and unusual punishments like death by stoning and the unequal treatment of women in their dress, status, inheritance and independence (Johnson, 2010). The Iranian government follows and sets forth laws under Sharia and the ways of the Holy Quran and prophet Mohammed. Sharia developed in 632 CE after the death of the prophet Mohammad and passed down by scholars as the ways of “Allah”, the ways of the one and only God. People of the Muslim faith follow a school called the Ja’fari, which is most notable in Iran as Shia-dominant (Johnson, 2010). Elements Under Sharia Law: The primary element of Sharia is the Holy Quran. There are not other appeals that go against the Quran. The Sunna is the second element of Sharia. Sunna consists of saying and teachings...
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...Why Is Shari`ah Law so Important to Muslims? First, let me start by saying that in modern times Shari`ah was inaccurately translated as “Islamic Law”. This portrayed Shari`ah as merely a collection of laws and regulations. Perceiving Shari`ah as such has produced great confusion in regards to its importance in Islam. The importance of Shari`ah can be seen through the meaning of the concept. The word shari`ah literally means a waterway that leads to a main stream, a drinking place, and a road or the right path. From this meaning, the word shari`ah was used to refer to a path or a passage that leads to an intended place, or to a certain goal. The importance of Shari`ah is evident in the denotations of the literal meaning. Water is life for everything, Shari`ah is life for the Muslims’ souls and a way of life for them. On the other hand, Shari`ah, conceptually, refers to a set of rules, regulations, teachings, and values governing the lives of Muslims. However, these rules and regulations, contrary to how they are often described by many non-Muslims, cover every aspect of life. Shari`ah embraces worship, morals and conduct, as well as it embraces the political, social and economic, as well as other spheres. Muslims believe that the purpose of their creation in nothing but servitude [being servants to the creator of mankind]. They also believe that without the guidance of Allah (God) no one will meet this purpose. Therefore Allah sent messengers and prophets with...
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...1.0 INTRODUCTION Islamic financial system are being developed in the implementation and practice in our country today .System Islamic finance in Malaysia accounted for Islamic banking, interbank money market, Islamic insurance, or takaful, Islamic capital markets and financial institutions that provided alternative sources of funding . Islamic jurists consider seriously the core in the tradition Istinbat al-Ahkam (legal formulations) to address current issues such as the question of the driver legal-illegal, usury, gharar maslahah and maqasid syar`iyyah. However, in doing this, they are always taking a balanced approach between theoretical and practical aspects of compliance with Sharia principles and the `urf al-iqtisadiyyah (custom economic...
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...strategy consultancy focusing on the investment industry, recently released "Shariah Scholars – A Network Analytic Perspective," which links Sharia scholars to board positions. It is a more comprehensive study than previous Sharia scholar reports. Rushdi Siddiqui puts some challenging questions to four international Sharia scholars to get their view points: • Dr Hussain Hamid Hassan (HHH), eminent scholar and chairman of many Islamic financial institutions • Dr Mohammad Daud Bakar (MDB), international scholar and founder and managing director of Amanie Islamic Finance Consultancy and Education; • Yousuf Talal DeLorenzo (YTD), leading US scholar; and • Dr Mohammad Akram Laldin (MAL), Executive Director, ISRA, Malaysia. Research is an important area in Islamic finance and you are well aware of the Funds-at-Work study, linking scholars to Sharia boards. What is your impression of the study? HHH: The Islamic finance industry is young but growing. It needs specialists, not just in Sharia, but in law, accounting and feasibility studies. There are very few scholars who combine the qualifications and experience needed for this field. Therefore, it is only natural that they would carry a heavy load, for the industry is in need of development and the invention of new products which should be compliant with the Sharia, valid in civil law, and commercially viable. There just aren’t a sufficient number of specialists in these areas in light of the rapid growth and remarkable...
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...introduction of the Sharia became the rallying cry of the religiously inspired political movements. The idea of going back to their cultural roots and of imposing Islamic norms on society was appealing to large segments of the population that were opposed to the increasing Western political and cultural influence. In a few countries, as we shall see, Sharia-based legislation was adopted, whereby criminal legislation usually was the first to be enacted. In implementing Islamic criminal law, there is a clear emphasis on the fixed punishments, because here the contradictions between Islamic criminal law and Western-type penal law are glaring. The punishments such as amputation of limbs and stoning to death, which go directly back to the sacred texts of Islam, are in conflict with present-day principles of legal punishment, such as the inadmissibility of corporal punishment, nowadays accepted both in the Islamic world and the West. Islamic criminal law, and especially the law ofh.ud¯ ud, has a highly symbolic value and its introduction is regarded by many Muslims as the litmus test for a real Islamisation of the legal system. The Nimeiri regime in the Sudan, for instance, introduced flogging as a possible punishment for all offences mentioned in the Penal Code. The spectacle of public executions,amputations and floggings symbolises the supreme power of the regime and the futility of resistance against it.(CONCLUSION) The second reason why adopting Islamic criminal law might be attractive...
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... Contemporary attitude and practice The constitutions of some countries contain provisions expressly forbidding the state from engaging in certain acts of religious intolerance or preference within its own borders; examples include The First Amendment of the United States Constitution - (the exception being "manifest destiny" which was manufactured by the prevailing powers as well as the church, to suspend this "right" for all North American indigenous peoples, most notably during the 1800s and well into the 1900s. This is evidenced by the brutality of the infamous boarding schools designed to "kill the Indian; save the man" by erasing all manner of religious practice, language, culture, traditions, and beliefs). Article 4 of the Basic Law of Germany, Article 44.2.1 of the Constitution of The Republic of Ireland, Article 40 of the Estonian...
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...Title: Social Reporting by Islamic Banks Authors: Bassam Maali, Peter Casson and Christopher Napier Introduction: Over the last 25 years the need for accounting practices in an Islamic perspective has risen, this is because western financial and social reporting frameworks may not be suitable for Islamic enterprises as it goes against Sharia Law (Islamic law) therefore Islamic banks have emerged. Islamic banks provide the normal services of a bank except those practices which are against lawful practices (halal) of sharia such as interest and those involving speculation, Depositors enter into Mudaraba and Musharka contracts where interest is replaced through profit/loss sharing scheme. The credibility of an Islamic bank is assessed by the Sharia Supervisory Boards (In house religious advisers) who provide audits and issue a report to the stakeholders on whether the organization has adhered to Islamic principles. Some of the Islamic banks adopt the recommendations of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), Discussion Emphasis on Social Reporting Since establishments of Islamic banks, social welfare has been given priority, most banks set this as one of their main objectives. Unlike western society in Islam, Religion clearly provides the rights and obligations of individuals and organizations with respect to others and is not subject to change. Given below are some factors which has been considered as points that should...
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...KULLIYYAH OF ECONOMICS AND MANAGEMENT SCIENCES ‘Comparison of Principles of Sale Contract between Conventional and Shari’ah Laws’ LAW 3512 COMMERCIAL LAWS (SECTION 3) Any form of cheating or attempt to cheat is a serious Offence which may lead to dismissal Introduction We are blessed as a human being on the earth as the only creature created by God who has the ability to think upon choosing between alternatives. Humans are associates with many labels and beliefs that they uphold throughout their life. Major differences of choosing between alternatives would be based on their framework of thinking mostly derive from their religions or beliefs. Speaking from Malaysia context, Islamic belief would be a stronger influence for Malaysian citizens before embarking into any decision. Although, Malaysia is known as the Islamic state but Malaysia still uphold conventional laws as the supreme laws for the state over Islamic Laws which ruled by the Federal Court. Islamic Laws would only covers family laws, inheritance and few specific issues among muslims[1]. We would further discuss on the framework of sale contract from Islamic and conventional point of view. Take a look around and it is apparent in our daily lives that transactions need to occur for us to carry on sustaining our needs and wants. As humans we ought to want things and we need to have goods that are essential for our daily lives in order to carry on living our lives...
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...CAN YOU BE BOTH MUSLIM AND HOMOSEXUAL? (look at islamic jursiprudence) To be muslim is to base the foundation of life around the five pillars of Islam. These five pillars conist of rituals and obligations that must be carried out in some instances daily, others to be done at some point during a lifetime. These five pillars consist of Shahadah (Faith), Salah (prayer), Zakah (charity), sawm (Fasting) and Hajj (Pilgrimage). To understand such a religion and lifestyle, the acceptance of Allah as the one and only is greatly emphasized throughout Islam teachings and through devices such as the Fiqh and Quran. While many unknowingly assume that such a religion avoids the concepts of variations in lifestyles such as homosexuality, Islam actually teaches an understanding that these behaviours exist however In following the 5 pillars, acts such as homosexuality and adultery are temptations that must be resisted in living the life Allah wishes apon his followers. According to the prophet Mohammed a warning of “do not gaze at beadless youth, for they have eyes more temoting than the houris”[1]. Under general consensus within Islam, to be homosexual creates a perversion and deviation from the tasks of man and women as laid out by the quran. Not only due to the issues of contradictions in masculinity and power, emphasis can be found as frowning apon the acts of homosexual due to health reasons and their link with diseases. Yet whether the act is so harshly classified as non muslim is debatable...
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