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Application of Islamic law by country

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Application of Islamic law by country

The following is a summary of the application of sharia (Islamic law) by country.

Contents

Since the early Islamic states of the eighth and ninth centuries, sharia always existed alongside other normative systems. Most Muslim-majority countries adopt various aspects of sharia. According to BBC, some countries adopt only a few aspects of Sharia, others apply the entire code.

Within sharia, some crimes are known as the hudud crimes, for which there are specific penalties specified by Islam. For example, according to some interpretations, adultery is punished by stoning, fornication and the consumption of alcohol by lashing, and theft by the amputation of limbs. Many predominately Muslim countries have not adopted hudud penalties in their criminal justice systems. Ali Mazrui stated that "most Muslim countries do not use traditional classical Islamic punishments". The harshest penalties are enforced with varying levels of consistency. The use of flogging is more common compared to punishments like amputations.

The adoption and demand for sharia in the legal system of nations with significant Muslim-minorities is an active topic of international debate. "The reintroduction of Sharia is a longstanding goal for Islamist movements in Muslim countries". Attempts to introduce or expand sharia have been accompanied by controversy, violence, and even warfare. Most countries of the world do not recognize sharia; however, some countries in Asia, Africa and Europe recognize sharia and use it as the basis for divorce, inheritance and other personal affairs of their Islamic population.

Definition and scope

Sharia law in this article means the moral code and religious law of Islam. It includes criminal, civil, personal, economic and all aspects of law as revealed in Quran and Hadiths; in its strictest and most historically coherent definition, sharia is considered the infallible law of Allah. The primary sources of sharia are the precepts set forth in the Quranic verses (ayahs), and the example set by the Islamic prophet Muhammad in the Sunnah. The scope of sharia includes Islamic law as interpreted by Islamic judges (qadis) with varying responsibilities for the religious leaders. For questions not directly addressed in the primary sources, sharia includes consensus of the religious scholars (ulama) thought to embody the consensus of the Muslim Community (ijma).

Classification

The legal systems of Muslim countries may be grouped as: mixed systems, classical sharia systems, and secular systems.

Classical sharia systems

Classical sharia systems are those where sharia plays a dominant role and is present in most areas of a nation's legal system. Iran, Saudi Arabia and Sudan are examples of classical sharia systems.

Secular systems

Secular systems are those where sharia plays no role in the nation's legal system. Turkey is an example of a Muslim-majority nation with a secular system.

Mixed systems

Mixed systems are those where sharia is not dominant, but plays a significant role in one or more areas of the nation's legal system. This is observed in majority of Muslim nations.

Table legend

In addition to the categories above, the table also includes the following categories:

References

Application of Islamic law by country Wikipedia


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