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Islamic Law

The basis of all Islamic law is the Qur'an. Islamic law or the Sharia, consists of various rules by which the Islamic world governs itself. In essence "The Sharia contains the rules by which a Muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state." (Islamic Law-the Sharia)

One of the central characteristics of Islamic law is that the teaching and principles of the Qur'an are the foundations of Sharia law. Besides this aspect, there are other sources that are also important; these include the Hadith and Sunna ( ibid) The central point is that no law or its application can be inconsistent with the Qur'an in traditional Islamic law.

Though there are other sources of law-i.e., ijma', (consensus), qiyas, (analogy), ijtihad, (progressive reasoning by analogy)-the Qur'an is the first and foremost source, followed by the Hadith and Sunna. Other sources of law and rules of interpretation of the Qur'an and the Hadith and Sunna follow in accordance with a generally accepted jurisprudential scheme. ( ibid)

Another important aspect is that Muslim scholars do not see Islam as an "evolving" religion. This means that the legal and ethical prin


One aspect that is often misinterpreted in Islamic law is the seemingly harsh and unfair aspects of this system. This is not generally the case and many studies attest to the fact that Islamic Law is very tolerant and fair. An example of this tolerance can be seen in the attitude of Sharia towards minorities, those of other faiths and even to their enemies. The basis for this tolerance is founded in the Qur'an. "God forbids you not with regard to those who fight you not for (your) faith, nor drive you out of your homes, from dealing kindly and justly with them, for God loves those who are just." [60:8]. ( Tolerance) Islamic law also ensures the rights of all minorities and to govern their own affairs. ( ibid)

One of the central disadvantages associated with Islamic Law in it more rigid sense, is that it may be used and misinterpreted as a justification for political acts or for the infringement of human rights. An example of this that is often cited is the treatment of women in some Islamic counties where there is an inequality of rights. There are also parts of the Holy Scripture that are open to interpretation and therefore complicate the issue of women's rights. "Qur'an 4:34, a verse that has engendered a great deal of exegetical interest in recent years, says that "men are in charge of women" and adds that in certain cases men have 'the right to strike their wives (lightly)'. (Smith, Jane, 2000) In general, Muslim women are still sidelined today from full participation in education and religious institutions.

Sharia as a system of law is practiced widely in the Islamic world. Of the 1.2 billion Muslims in world, which amounts to 20 percent of the world's population, nineteen states have declared Islam as an integral part of their constitutions. (ibid) The essential difference between Western and Islamic system of Law and criminal justice lies in the differing re

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Approximate Word count = 1274
Approximate Pages = 5 (250 words per page double spaced)


  

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