Application of Sharia by country

From Justapedia, unleashing the power of collective wisdom
Jump to navigation Jump to search

Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.[1]

Historically, sharia was interpreted by independent jurists (muftis), based on Islamic scriptural sources and various legal methodologies.[2] In the modern era, statutes inspired by European codes replaced traditional laws in most parts of the Muslim world, with classical sharia rules retained mainly in personal status (family) laws.[2][3] These laws were codified by legislative bodies which sought to modernize them without abandoning their foundations in traditional jurisprudence.[2][4] The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including hudud capital punishments, such as stoning, which in some cases resulted in traditionalist legal reform.[2][4] Some countries with Muslim minorities use sharia-based laws to regulate marriage, inheritance and other personal affairs of their Muslim population.

Historical background

Main article: Sharia

Sharia is a religious law forming part of the Islamic tradition.[5] Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus).[6] Different legal schools—of which the most prominent are Hanafi, Maliki, Shafi'i, Hanbali and Jafari (Shia)—developed methodologies for deriving sharia rulings from scriptural sources.[7][2] Traditional jurisprudence (fiqh) distinguishes two principal branches of law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a wide range of topics.[7][8] Thus, some areas of sharia overlap with the Western notion of law while others correspond more broadly to living life in accordance with God's will.[2]

Classical jurisprudence was elaborated by private religious scholars, largely through legal opinions (fatwas) issued by qualified jurists (muftis). It was historically applied in sharia courts by ruler-appointed judges, who dealt mainly with civil disputes and community affairs.[7][8] Sultanic courts, the police and market inspectors administered criminal justice, which was influenced by sharia but not bound by its rules.[9][8] Non-Muslim (dhimmi) communities had legal autonomy to adjudicate their internal affairs.[2] Over the centuries, Sunni muftis were gradually incorporated into state bureaucracies,[10] and fiqh was complemented by various economic, criminal and administrative laws issued by Muslim rulers.[11] The Ottoman civil code of 1869–1876 was the first partial attempt to codify sharia.[4]

In the modern era, traditional laws in the Muslim world have been widely replaced by statutes inspired by European models.[2][12] Judicial procedures and legal education were likewise brought in line with European practice.[2] While the constitutions of most Muslim-majority states contain references to sharia, its classical rules were largely retained only in personal status (family) laws.[2] Legislators who codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence.[2][4] The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including hudud capital punishments, such as stoning. In some cases, this resulted in traditionalist legal reform, while other countries witnessed juridical reinterpretation of sharia advocated by progressive reformers.[2][4][13] While hudud punishments hold symbolic importance for their proponents and have attracted international attention, in countries where they make part of the legal system, they have been used infrequently or not at all, and their application has varied depending on local political climate.[2][14]

Some Muslim-minority countries recognize the use of sharia-based family laws for their Muslim populations.[15][16] The adoption and demand for sharia in the legal system of nations with significant Muslim-minorities is an active topic of international debate.[17] Reintroducing sharia in Muslim-majority nations has been described as "a longstanding goal for Islamist movements",[18] and attempts to introduce or expand sharia have been accompanied by controversy,[19] violence,[20] and even warfare.[21]

Types of legal systems

The legal systems of Muslim countries may be grouped as: mixed systems, classical sharia systems, and secular systems.[22]

Classical sharia systems

Under this system, shared by a small minority of modern countries, classical sharia is formally equated with national law and to a great extent provides its substance. The state has a ruler who functions as the highest judiciary and may promulgate and modify laws in some legal domains, but traditional religious scholars (ulama) play a decisive role in interpreting sharia. The classical sharia system is exemplified by Saudi Arabia and some other Gulf states. Iran shares many of the same features, but also possesses characteristics of mixed legal systems, such as a parliament and codified laws.[22]

Secular systems

Secular systems are those where sharia plays no role in the nation's legal system and religious interference in state affairs, politics, and law is not permitted. Turkey has been an example of a Muslim-majority nation with a secular system, although its secularism has recently come under intense pressure. Several states in West Africa and Central Asia also describe themselves as secular.[22]

Mixed systems

Most Muslim countries have mixed legal systems that postulate a constitution and Rule of Law, while also allowing rules of traditional Islamic jurisprudence to influence certain areas of national law. These systems possess large bodies of codified laws, which may be based on European or Indian codes. In these systems, the central legislative role is played by politicians and modern jurists rather than traditional religious scholars. Pakistan, Egypt, Malaysia, and Nigeria are examples of states having mixed systems.[22] Some countries with Muslim minorities, such as Israel, also have mixed systems that administer Sharia for their Muslim population.[23]

Domains of application

Constitutional law

Most Muslim-majority countries incorporate sharia at some level in their legal framework. Their constitutions commonly refer to sharia as a source or the main source of law, though these references are not in themselves indicative of how much the legal system is influenced by sharia, and whether the influence has a traditionalist or modernist character.[2][8] The same constitutions usually also refer to universal principles such as democracy and human rights, leaving it up to legislators and the judiciary to work out how these norms are to be reconciled in practice.[24] Conversely, some countries (e.g., Algeria), whose constitution does not mention sharia, possess sharia-based family laws.[8] Nisrine Abiad identifies Bahrain, Iran, Pakistan, and Saudi Arabia as states with "strong constitutional consequences" of sharia "on the organization and functioning of power".[25]

Family law

Except for secular systems, Muslim-majority countries possess sharia-based family laws (marriage, inheritance, etc.). These laws generally reflect influence of various modern-era reforms and tend to be characterized by ambiguity, with traditional and modernist interpretations often manifesting themselves in the same country, both in legislation and court decisions. In Greece (Only in Thrace. Rest of country does not use sharia family law whatsoever), Indonesia (Outside of Aceh, and in most circumstances except a few.), and Nigeria (outside the states using sharia law), Senegal (Sharia personal laws are not used whatsoever outside succession), and in the UK (Sharia law in personal matters is used only in extrajudicial courts and is not used whatsoever in the British legal system) people can choose whether to pursue a case in a sharia or secular court.[24]

Criminal law

Countries in the Muslim world generally have criminal codes influenced by French law or common law, and in some cases a combination of Western legal traditions. Saudi Arabia has never adopted a criminal code and Saudi judges still follow traditional Hanbali jurisprudence. In the course of Islamization campaigns, several countries (Libya, Pakistan, Iran, Sudan, Mauritania, and Yemen) inserted Islamic criminal laws into their penal codes, which were otherwise based on Western models. In some countries only hudud penalties were added, while others also enacted provisions for qisas (law of retaliation) and diya (monetary compensation). Iran subsequently issued a new "Islamic Penal Code". The criminal codes of Afghanistan and United Arab Emirates contain a general provision that certain crimes are to be punished according to Sharia, without specifying the penalties. Some Nigerian states have also enacted Islamic criminal laws. Laws in the Indonesian province of Aceh provide for application of discretionary (ta'zir) punishments for violation of Islamic norms, but explicitly exclude hudud and qisas.[26] Brunei has been implementing a "Sharia Penal Code", which includes provisions for stoning and amputation, in stages since 2014.[27][28] The countries where hudud penalties are legal do not use stoning and amputation routinely, and generally apply other punishments instead.[2][24][29]

Map

Use of Sharia by country.svg
  Countries where sharia plays no official role in the judicial system.
  Countries where sharia exists only for Muslims (not for non-Muslims) and plays a role only in adjudicating personal status issues (such as marriage, divorce, inheritance, and child custody).
  Countries where sharia plays a role in adjudicating personal status issues as well as criminal cases.
  Countries with regional variations in the application of sharia.

Africa

Algeria

Article 222 of the Family Code of 1983 specifies sharia as the residuary source of laws.[30] According to the U.S. State Department, the sharia-derived family code treats women as minors under the legal guardianship of a husband or male relative, though in practice the implied restrictions are not uniformly enforced.[31]

Benin

It has a civil law system with influences from customary law.[32]

Burkina Faso

It has a civil law system.[32]

Cameroon

It has a mixed legal system of English common law, French civil law, and customary law.[32]

Chad

After gaining independence from France, Chad retained the French legal system.[33]

Comoros

The legal system is based on both Sharia and remnants of the French legal code.[34] According to the article 229-7 of the Penal Code, any Muslim who makes use of products forbidden by Sharia can be punished by imprisonment of up to six months.[35]

Cote d'Ivoire

It has a civil law system.[32]

Djibouti

The Family Code is mainly derived from Sharia and regulates personal status matters such as marriage, divorce, child custody and inheritance.[36] Sharia does not apply to criminal law.[37]

Egypt

Article 2 of Egypt's 2014 Constitution declares the principles of Islamic sharia to be the main source of legislation.[38] Egypt's law and enforcement system are in flux since its 2011 Revolution;[39] however, the declaration of Sharia's primacy in Article 2 is a potential ground for unconstitutionality of any secular laws in Egyptian legal code.[40] Sharia courts and qadis are run and licensed by the Ministry of Justice.[41] The personal status law that regulates matters such as marriage, divorce and child custody is governed by sharia. In a family court, a woman's testimony is worth half of a man's testimony.[42]

Eritrea

Muslims are required to use sharia courts for cases dealing with marriage, inheritance and family of Muslims.[43]

Ethiopia

Muslims are required to use sharia law for cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death.[44]

Gabon

It has a mixed legal system of French civil law and customary law.[32]

The Gambia

Article 7 of the constitution identifies sharia as source of law in matters of personal status and inheritance among members of communities to which it applies.[45]

Ghana

Ghana is a secular state. Any other laws inconsistent with the national constitution are deemed null and void. No religious laws are applied in civil or criminal cases .[46]

Guinea-Bissau

It has a mixed legal system of civil law and customary law.[32]

Guinea

It has a civil law system.[47]

Kenya

Sharia is applied by Kadhis' Courts where "all the parties profess the Muslim religion".[48] Under article 170, section 5 of the constitution, the jurisdiction of Kadhis' court is limited to matters relating to "personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion, and Muslims are then required to use the jurisdiction of the Kadhi’s courts".[49]

Libya

Muammar Gaddafi merged civil and sharia courts in 1973. Civil courts now employ sharia judges who sit in regular courts of appeal and specialise in sharia appellate cases.[50] The personal status laws are derived from Sharia.[51]

Mali

It has a civil law system influenced by customary law.[32] In urban areas, positive law is common. In rural areas the customary law usually dominates. Local rural versions of sharia are the predominant sources for customary law.[52] Article 25 in Title II of Mali's constitution declares it to be a secular state.[53]

Mauritania

The Penal Code contains Sharia crimes such as heresy, apostasy, atheism, refusal to pray, adultery and alcohol consumption. Punishments include lapidation, amputation and flagellation.[54]

Mauritius

Muslim Personal Laws apply to Muslims. Polygamy is allowed but the government officially recognize monogamous marriage.[55][56]

Morocco

In 1956, a Code of Personal Status (Mudawana) was issued, based on dominant Maliki school of Sharia jurisprudence. Regional Sharia courts also hear personal status cases on appeal.[57] In matters of family law, a woman's testimony is worth only half of that of a man.[58] With 2003 reforms of its criminal law, Article 222 of its new criminal code is derived from Sharia; Articles 220–221, 268–272 of its criminal law similarly codify those activities as crimes that are prohibited under Sharia.[59] Morocco adopted a new constitution in 2011; Article 41 of this constitution granted sole power to the Superior Council of the Ulemas to guide its laws through Fatwas from principles, precepts and designs of Islam.[60][61]

Mozambique

Paula Rainha states that, "Mozambique’s legal system can be considered civil law based (at least the formal legal system) and legislation is the primary source of law."[62]

Niger

It has not adopted any elements of Sharia.[63]

Nigeria

Main article: Sharia in Nigeria
Use of Sharia in Nigeria:
  Sharia plays no role in the judicial system
  Sharia applies in personal status issues only
  Sharia applies to personal status issues and criminal law

Sharia states: Until 1999, Sharia applied primarily to civil matters, but twelve of Nigeria's thirty-six states have since extended Sharia to criminal matters.[64] Sharia courts can order amputations, and a few have been carried out.[65] The twelve sharia states are Zamfara, Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto and Yobe.[66]

Borno, Gombe and Yobe have not yet begun to apply their Sharia Penal Codes.[67]

The rest of Nigeria has a mixed legal system of English common law and traditional law.[32]

Senegal

The legal system of Senegal is based on French civil law.[68] The 1972 Family Code (Code de la famille)[69] is secular in nature.[70] Sharia is allowed by article 571 of the Family Code only in the case of intestate successions, and only if the person had demonstrated in life a wish that his succession would be regulated by Sharia.[70] Most succession cases are decided under this provision.[71] There has been growing political attempts to introduce more sharia regulations.[72]

Sierra Leone

It has a common law system influenced by customary law.[32]

Somalia

Sharia was adopted in 2009.[73] Article 2 of Somali 2012 Constitution states no law can be enacted that is not compliant with the general principles and objectives of Sharia.[74][75] Sharia currently influences all aspects of Xeer as well as Somalia's formal legal system.[76]

Sudan

Sharia has been previously declared the chief source of all legislation in Sudan's 1968, 1973 and 1998 Constitutions.[77] In 2005, Sudan adopted an interim national constitution; it removed some references to Sharia, but included Sharia-derived criminal, civil and personal legal codes, as well as Sharia-mandated hudud punishments.[78] The Criminal Act of 1991 prescribes punishments which include forty lashes for drinking alcohol, amputation of the right hand for theft of a certain value and stoning for adultery.[79][80] However, there is no record of either any amputation or stoning ever having taken place in Sudan.[81]

The use of Sharia in Sudan ended in September 2020, when Sudan officially became a secular state after Sudan's transitional government agreed to separate religion from the state, ending 30 years of Islamic rule and Islam as the official state religion in the North African nation.[82][83][84] It also scrapped the apostasy law and public flogging.[85]

However after 1 year of military coup took place, sharia got installed once again and harsh punishment like floggings still exist according to article 146.[86]

Tanzania

Sharia is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Sharia to matters of succession in communities that generally follow Sharia in matters of personal status and inheritance. Unlike mainland Tanzania, Zanzibar retains Islamic courts.[87]

Togo

It has a customary law system.[32]

Tunisia

Tunisia has a long secular tradition with a legal system based on French civil law. The Law of Personal Status, considered a reference in secular family law across the Arab world, bans polygamy and extrajudicial divorce. Sharia courts were abolished in 1956.[88][89] Secular inheritance laws are indirectly based on Islamic jurisprudence, with religion never being mentioned in the Code of Personal Status; these laws accord to women half the share of property due to men.[90]

Uganda

Article 129 (1) (d) of the constitution allows the parliament to establish by law "Qadhi’s courts for marriage, divorce, inheritance of property and guardianship".[91]

Americas

Canada

Sharia is explicitly banned in Quebec, Canada, upheld by a unanimous vote against it in 2005 by the National Assembly of Quebec,[92] while the province of Ontario allows family law disputes to be arbitrated only under Ontario law.[93]

United States

In the United States, various states have outlawed sharia, or passed some form of ballot measure that prohibits state courts from considering foreign, international or religious law in their decisions. As of 2014 these include Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota and Tennessee.[94]

Asia

Afghanistan

Criminal law in Afghanistan continues to be governed in large part by Sharia. The 1976 Criminal Code introduced a quasi-secular system for all tazir offenses, but provided for application of hudud, qisas and tazir according to the principles of Hanafi jurisprudence. In practice, as of 2003, the 1976 code was not widely applied, and virtually all courts, including the Supreme Court of Afghanistan, relied on Sharia directly.[95]

Bahrain

Article 2 of Bahrain's 2002 Constitution as originally adopted, as well as after February 2012 amendment, declares Islamic Sharia is a chief source of legislation.[96][97] Four tiers of ordinary courts have jurisdiction over cases related to civil, administrative and criminal matters, with Court of Cassation the highest civil court in Bahrain; in all matters, the judges are required to resort to Sharia in case legislation is silent or unclear.[97] Sharia courts handle personal status laws.[98][99]

A personal status law was codified in 2009 to regulate personal status matters. It applies only to Sunni Muslims; there is no codified personal status law for Shiites. In a Shari’a court a Muslim woman's testimony is worth half of that of a Muslim man.[100]

Bangladesh

Bangladesh has a secular constitution but marriage, divorce, alimony and property inheritance are regulated by Sharia for Muslims.[101] The Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937) applies to Muslims in all matters relating to family affairs.[102] Islamic family law is applied through the regular court system.[103] There are no limitations on interfaith marriages.[104]

Brunei

Sharia courts decide personal status cases or cases relating to religious offences.[105] Sultan Hassanal Bolkiah declared in 2011 his wish to establish Islamic criminal law as soon as possible.[106] A new penal code enacted in May 2014 prescribes sharia punishments, including the severing of limbs for property crimes and death by stoning for adultery and homosexuality.[107]

India

The Muslim Personal Law (Shariat) Application Act 1937 directs the application of Muslim personal law to Muslims in a number of different areas, mainly related to family law.

Indonesia

Aceh is the only part of Indonesia to apply Sharia to criminal law. Islamic courts in Aceh had long handled cases of marriage, divorce and inheritance. After special autonomy legislation was passed in 2001, the reach of courts extend to criminal justice.[108] Offences such as being alone with an unrelated member of the opposite gender and gambling can be punished with canings.[109] In 2014, the provincial government of Aceh extended sharia's reach to non-Muslims whose offenses also involve a Muslim. If a non-Muslim commits an offense covered by the secular criminal code, the non-Muslim may choose to be punished under either the secular national criminal code (KUHP) or under Acehnese Sharia Law.[110][111]

In other parts of Indonesia, religious courts have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Roman Dutch law or local adat.[112] Suharto's New Order expanded the reach of Sharia, first with the 1974 Marriage Act, which assigned jurisdiction over the marriage and divorce of Muslims to the Islamic courts (Indonesian: peradilan agama), and with the 1989 Religious Judicature Act, which elevated Islamic courts by making them a parallel legal system, equal to state courts and gave them jurisdiction over inheritance (wasiyyah), gifts (hibah) and religious endowments.[113] Muslim litigants could originally choose whether to have inheritance questions decided by the Islamic courts or by the civil courts, but a 2006 amendment eliminated this possibility; the same amendment gave Islamic courts new jurisdiction over property disputes, including financial and economic matters.[113] Muslims seeking a divorce must also file their claim in Islamic courts.[113] The Compilation of Islamic Law 1991 (Indonesian: Kompilasi Hukum Islam) regulates marriage, inheritance, and charitable trusts (wakaf).[113] Sharia falls outside the jurisdiction of the Constitutional Court.[113][114]

Iran

Article 167 of the constitution states that all judicial rulings must be based upon "authoritative Islamic sources and authentic fatwa".[115] Book 2 of the Islamic Penal Code of Iran is entirely devoted to hudud punishments.[116] Iranian application of sharia has been seen by scholars as highly flexible and directly contradicting traditional interpretations of the sharia.[117]

Iraq

Article 1 of Civil Code identifies Sharia as a main source of legislation.[118] The 1958 Code, made polygamy extremely difficult, granted child custody to the mother in case of divorce, prohibited repudiation and marriage under the age of 16.[119] In 1995, Iraq introduced Sharia punishment for certain types of criminal offenses.[120][clarification needed]

Iraq's legal system is based on French civil law as well as Sunni and Jafari (Shi’ite) interpretations of Sharia.[121] Article 41 of the constitution allows for personal status matters (such as marriage, divorce and inheritance) to be governed by the rules of each religious group. The article has not yet been put into effect, and a unified personal status law remains in place that builds on the 1959 personal status code.[122]

Israel

Sharia is one of the sources of legislation for Muslim citizens.[123] Sharia is binding on personal law issues for Muslim citizens.[123] The Sharia Courts of Israel arose as a continuation of the Ottoman sharia courts, whose jurisdiction was restricted under the British Mandate. The Sharia Courts operate under the jurisdiction of the Ministry of Justice and adjudicate matters relating to marriages, divorce, financial maintenance, legal capacity and guardianship, custody of children, paternity, prevention of domestic violence, conversion to Islam, and inheritance, among others.[23]

Jordan

Jordan has Sharia courts and civil courts. Sharia courts have jurisdiction over personal status laws, cases concerning Diya (blood money in cases of crime where both parties are Muslims, or one is and both the Muslim and non-Muslim consent to Sharia court's jurisdiction), and matters pertaining to Islamic Waqfs.[124] The Family Law in force is the Personal Status Law of 1976, which is based on Sharia .[119] In Sharia courts, the testimony of two women is equal to that of one man.[125]

Kazakhstan

Sharia was in force up until early 1920.[126] The 1995 constitution is not based on sharia.[127]

Kuwait

Article 2 of Kuwait's constitution identifies Islamic Sharia as one of the main sources of legislation.[96][128] According to the United Nations, Kuwait's legal system is a combination of British common law, French civil law, Egyptian civil law and Sharia.[129] The sharia-based personal status law for Sunnis is based on the Maliki fiqh and for Shiites, their own school of Islam regulates personal status.[130][131] Kuwait attempts to block some internet content prohibited by Sharia, such as pornography.[132]

Kyrgyzstan

It has a civil law system.[47]

Lebanon

Lebanon's legal system is based on a combination of Civil Law, Sharia and Ottoman laws.[133] There are eighteen official religions in Lebanon, each with its own family law and religious courts. For the application of personal status laws, there are three separate sections: Sunni, Shia and non-Muslim. The Law of 16 July 1962 declares that Sharia governs personal status laws of Muslims, with Sunni and Ja'afari Shia jurisdiction of Sharia.[119]

Malaysia

Schedule 9 of Malaysian constitution recognizes Sharia as a state subject; in other words, the states of Malaysia have the power to enact and enforce sharia.[134] Islamic criminal law statutes have been passed at the state level in Terengganu,[135] Kelantan[136] and Perlis,[137][page needed] but as of 2014, none of these laws have been implemented, as they contravene the Federal Constitution.[138][139][140]

In 2007, Malaysia's Federal court ruled that apostasy matter lay "within the exclusive jurisdiction of Sharia Courts".[134] Malaysian Muslims can be sentenced to caning for such offences as drinking beer,[141] and adultery.[142] Several sharia crimes, such as khalwat (close proximity of unmarried man and woman) are punishable only in Sharia courts of Malaysia. Publishing an Islamic book that is different from official Malaysian version, without permission, is a crime in some states. Other sharia-based criminal laws were enacted with "Syariah Criminal Offences (Federal Territory) Act of 1997".[134]

Muslims are bound by Sharia on personal matters, while members of other faiths follow civil law. Muslims are required to follow Sharia in family, property and religious matters.[143] In 1988, the constitution was amended to state that civil courts cannot hear matters that fall within the jurisdiction of Sharia courts.[144]

Maldives

Article 15 of the Act Number 1/81 (Penal Code) allows for hudud punishments.[145] Article 156 of the constitution states that law includes the norms and provisions of sharia.[146]

Myanmar

In Myanmar, sharia has been applied for personal status issues since colonial times, under section 13 of Burma Law Act, 1898.[147] Court precedents also decided that Waqf matters are to be decided under Sharia. The 1952 Myanmar Muslim Dissolution of Marriage Act states that a Muslim woman has the right to divorce her husband with appropriate cause.[147] Matters relating to sharia family law are decided by civil courts.[147]

Oman

Islamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree 101/1996.[148] The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia.[149] Sharia Court Departments within the civil court system are responsible for personal status matters.[150] A 2008 law stipulates that the testimonies of men and women before a court are equal.[151]

Oman's criminal law is based on a combination of Sharia and English common law.[152] Omani commercial law is largely based on Sharia; Article 5 of its Law of Commerce defaults to primacy of Sharia in cases of confusion, silence or conflict.

Pakistan

The Constitution of Pakistan acknowledges God as the sole sovereign of the universe and the Parliament as a delegate. The Constitution of Pakistan requires that all laws conform with Islam and not conflict with the Quran or Sunnah. The Council of Islamic Ideology reviewed the British era legislation and found most of it did not conflict with Sharia.[153] Sharia was declared the Supreme Law of Pakistan in the 1991 Enforcement of Shariat Act. Section 4 stipulates that courts select an interpretation of law consistent with Islamic jurisprudence and principles.[154]

The Federal Shariat Court was formed to judge the conformity of Pakistani laws with Islam according to the Quran and Sunnah.[155] It has appellate, original and revisional jurisdiction. It consists of 8 judges including three ulama who are required to be qualified in Sharia.[156] The Federal Shariat Court invalidated 55 federal statutes and 212 provincial statutes over 30 years.[157] Originally certain legislative documents such as the Muslim Personal Law, the Constitution, fiscal and procedural laws were excluded from the original jurisdiction of the Federal Shariat Court.[158] In its 1994 judgement the Supreme Court declared that the term "Muslim personal law" used in Article 203B, which excludes the Federal Shariat Court's jurisdiction under Article 203D only referred to the personal law of each Muslim sect according to their interpretation of the Quran and Sunnah. Hence, the Federal Shariat Court judgement in 2000 held that all other legislation which applied to Muslims in general were under the jurisdiction of the Federal Shariat Court under Article 203D. The court also held that the Constitution had not intended to reduce the role of the Federal Shariat Court.[159]

Pakistani evidence law has been brought into conformity with Sharia. However, only 9 sections needed to be changed from the British era 1872 evidence act. The differences in the Islamic version focus more on rules concerning the number, character and competence of eyewitnesses. For example, in financial or future matters, the Law of Evidence says that evidence must be attested to by two men, or one man and two women. The Law of Evidence also requires a court to determine competence of a witness by reference to the Islamic injunctions in the Quran and Sunnah.[160]

Qisas and Diyat laws prescribe retaliatory punishments or compensatory blood money for offenses such as murder and injury.[161] The Qisas and Diyat laws in Pakistan make offences such as murder a private offence against the victim and their family, instead of classifying them as a public offence against the state as it had been during the British rule who had abandoned the Qisas and Diyat laws because they made enforcing law and order difficult since the victim or victim's family could pardon or take blood money as compensation. The Qisas and Diyat laws were first introduced by presidential ordinance in 1990 and were then enshrined in law in 1997.[162]

Most offences in Pakistani law fall under tazir and siyasah. The Pakistan Penal Code is regarded as a code of tazir offences although it includes siyasah offences too even though the term siyasah is not mentioned.[163] The Hudood Ordinance divides the crimes of zina, qazf, drinking and theft into two categories: those liable to hadd and those liable to tazir. Shariah leaves tazir punishments to discretion.[164] If the strict evidentiary requirements for hadd offences are not fulfilled, the tazir (discretionary) punishments can be awarded to hadd offences too. Tazir punishments can include forms of punishments such as fines, imprisonment and whipping.[165]

There are very strict conditions for imposing the hadd punishment of amputation on thieves. The principle used is that the accused will be spared from hadd punishment for any minor doubt and the court will use all legitimate means to avoid imposing a hadd punishment. For this reason, no amputation has ever been occurred for theft. Theft which is committed under pressure is not liable to hadd. Other factors taken into consideration are the relationship between a victim and the culprit as well as the value of the stolen property. However, Section 13 of the Ordinance states that theft which is not liable to hadd can be punished under tazir. The punishment under Pakistan Penal Code such as fines or imprisonment are applied to theft liable to tazir. Pakistani law also classifies robbery (harabah) as a hadd offence.[166]

President Zia ul Haq introduced the Zakat system to Pakistan through the Zakat and Ushr Ordinance (1980). In Ramadan Pakistani banks deduct 2.5 percent from bank accounts above the Nisab amount. The banks send the collection to the Ministry of Finance. The Zakat and Ushr Ordinance specify which categories of people are eligible for receiving zakat. These include religious students, orphans and the sick. Pakistani ushr law levies 5 percent tax on harvests from artificially irrigated lands and 10 percent tax on lands which are not artificially irrigated.[167]

Pakistan eliminated interest from domestic transactions but not from foreign debt. Profit and loss sharing schemes and contract markups were started. However, the ulama considered profit and loss to also be a form of riba. The Finance Minister Ghulam Ishaq Khan admitted this in 1984 and said that illegal profiteering and hoarding had to be eliminated. In 1991, the Federal Shariat Court declared riba to be haram and struck down 32 financial laws for being unIslamic. Two private banks challenged this ruling on the grounds that while they accepted the ruling, there was no alternative available. The federal law minister stated: "the government does not challenge the contention that interest is against the Quran, but the system is so deeply entrenched that it cannot be eliminated overnight."[168]

Punishment for apostasy have been effectuated through Pakistan's blasphemy laws.[169] In 2006 the government sent a bill to the parliamentary committee for consideration which would impose the death penalty on apostates. The bill has not been passed yet.[170] The principle is that a lacuna in statute law is to be filled with Sharia. Martin Lau hypothesized that even though there was no statutory provision concerning apostasy, it may already be punishable by death in Pakistan because of this principle.[171] In 2010, the Federal Shariat Court held that apostasy and treason are both hadd offences.[172]

In 2010, the Court also invalidated those sections of the 2006 Women's Protection Act which had overrode the clauses of the zina and qazf Ordinances.[173]

Palestine

The Egyptian personal status law of 1954 is applied. The personal status law is based on Sharia and regulates matters related to inheritance, marriage, divorce and child custody. Shari’a courts hear cases related to personal status. The testimony of a woman is worth only half of that of a man in cases related to marriage, divorce and child custody.[174]

Philippines

Main article: Sharia in the Philippines
Sharia district courts in Mindanao.

There are sharia trial and circuit trial courts in Mindanao, which is home to the country's significant Filipino Muslim minority.[175] Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws.[176] Sharia only applies to civil cases involving all Muslims nationwide.

Cases are handled in Bangsamoro and a couple of Mindanao provinces outside the autonomous region by both sharia district and circuit courts, organised into five sharia districts. Outside these areas, sharia-related cases are processed in civil courts under a session from the five sharia districts.[177] All other cases, including criminal ones, are dealt with by local civil courts.[178]

Qatar

Sharia is the main source of Qatari legislation according to Qatar's Constitution.[179][180] Sharia is applied to laws pertaining to family law, inheritance, and several criminal acts (including adultery, robbery and murder). In some cases in Sharia-based family courts, a female's testimony is worth half a man's and in some cases a female witness is not accepted at all.[181]

Flogging is used in Qatar as a punishment for alcohol consumption or illicit sexual relations.[182] Article 88 of Qatar's criminal code declares the punishment for adultery is 100 lashes.[183] Adultery is punishable by death when a Muslim woman and a non-Muslim man are involved.[183] In 2006, a Filipino woman was sentenced to 100 lashes for adultery.[183] In 2012, six expatriates were sentenced to floggings of either 40 or 100 lashes.[182] More recently in April 2013, a Muslim expatriate was sentenced to 40 lashes for alcohol consumption.[184][185][186] In June 2014, a Muslim expatriate was sentenced to 40 lashes for consuming alcohol and driving under the influence.[187]

Judicial corporal punishment is common in Qatar due to the Hanbali interpretation of Sharia. Article 1 of the Law No. 11 of 2004 (Penal Code) allows for the application of "Sharia provisions" for the crimes of theft, adultery, defamation, drinking alcohol and apostasy if either the suspect or the victim is a Muslim.[188]

Saudi Arabia

Saudi law is based entirely on sharia.[189] No codified personal status law exists, which means that judges in courts rule based on their own interpretations of sharia.[190] See Legal system of Saudi Arabia. However as of 2021, Saudi Arabia has implemented codified personal status laws, including the Personal Status Law, the Civil Transactions Law, the Penal Code for Discretionary Sanctions, and the Law of Evidence implemented by reformist crown prince Mohammed Bin Salman.[191]

Singapore

Sharia courts may hear and determine actions in which all parties are Muslims or in which parties involved were married under Muslim law. Court has jurisdiction over cases related to marriage, divorce, betrothal, nullity of marriage, judicial separation, division of property on divorce, payment of dowry, maintenance, and muta.[192]

Sri Lanka

Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act.[193]

Syria

Article 3 of the 1973 Syrian constitution declares Islamic jurisprudence one of Syria's main sources of legislation.[194] The Personal Status Law 59 of 1953 (amended by Law 34 of 1975) is essentially a codified Sharia.[195] The Code of Personal Status is applied to Muslims by Sharia courts.[196] In Sharia courts, a woman's testimony is worth only half of a man's.[197]

Tajikistan

The government is declared to be secular in the constitution.[47]

Thailand

Sharia provinces in Thailand

In Yala, Narathiwat, Pattani and Satun provinces, Sharia is allowed for settling family and inheritance issues under a 1946 law.[198][199]

The remaining provinces of Thailand have a civil law system with common law influences.[32]

Turkey

As part of Atatürk's reforms, sharia was abolished in April 1924, with the Law Regarding the Abolition of Islamic Law Courts and Amendments Regarding the Court Organization.[200]

Turkmenistan

Article 11 of the constitution declares that religious groups are separate from the state and the state educational system. But the legal system is civil law with Islamic influences[201][202]

United Arab Emirates

Main article: Sharia in the United Arab Emirates
  Sharia applies in personal status issues.
  Sharia applies to personal status issues and criminal proceedings.

The court system comprises Sharia courts and civil courts. Judicial corporal punishment is a legal form of punishment in UAE due to the Sharia courts. Flogging is used in UAE as a punishment for criminal offences such as adultery, premarital sex and prostitution.[203] In most emirates, floggings of Muslims are frequent, especially for adultery, prostitution and drunkenness, with sentences ranging from 80 to 200 lashes.[204][205] Between 2007 and 2013, many people were sentenced to 100 lashes.[203][206][207][208][209][210][211][212] Moreover, in 2010 and 2012, several Muslims were sentenced to 80 lashes for alcohol consumption.[213][214] Under UAE law, premarital sex is punishable by 100 lashes.[215]

Stoning is a legal form of judicial punishment in UAE. In 2006, an expatriate was sentenced to death by stoning for committing adultery.[216] Between 2009 and 2013, several people were sentenced to death by stoning.[209][217][218] In May 2014, an Asian housemaid was sentenced to death by stoning in Abu Dhabi.[219][220][221] Sharia dictates the personal status law, which regulate matters such as marriage, divorce and child custody. The Sharia-based personal status law is applied to Muslims and sometimes non-Muslims.[222]

Non-Muslim expatriates are liable to Sharia rulings on marriage, divorce and child custody.[222] Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors. Sharia courts may also hear appeals of certain criminal cases including rape, robbery, and related crimes.[223]

Apostasy is a crime punishable by death in the UAE. UAE incorporates hudud crimes of Sharia into its Penal Code – apostasy being one of them.[224] Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty,[224][225] therefore apostasy is punishable by death in the UAE. Emirati women must receive permission from male guardian to remarry.[226] The requirement is derived from Sharia, and has been federal law since 2005.[226]

Included in Federal law No. 28 is that men may unilaterally divorce their wives, however for a woman to get divorced she must apply for a court order. Women may also lose their right to maintenance if they refuse to have sexual relations with her husband without a lawful excuse. In 2010 the Federal Supreme Court provided an amendment to the law stating sanctioning the beating and punishment of women by men provided there is no physical mark left on the woman.[227]

In all emirates, it is illegal for Muslim women to marry non-Muslims.[228] In the UAE, a marriage union between a Muslim woman and non-Muslim man is punishable by law, since it is considered a form of "fornication".[228]

Dubai and Ras Al Khaimah are not part of the federal judicial system.[223]

Uzbekistan

It has a civil law system.[32]

Yemen

Law 20/1992 regulates personal status. The constitution mentions sharia.[229] Penal law provides for application of hadd penalties for certain crimes, although the extent of implementation is unclear.[230] Article 263 of the 1994 penal code states that "the adulterer and adulteress without suspicion or coercion are punished with whipping by one hundred strokes as a penalty if not married. [...] If the adulterer or the adulteress are married, they are punished by stoning them to death."[231]

Europe

Bosnia and Herzegovina

In spite of the fact that the country has a slight Muslim majority, it has a civil law system.[32]

Germany

Under certain conditions, Sharia rules on domestic relations are recognized by German courts based on private international law if no party has German citizenship. As a result, cases such as marriage, divorce, as well as many personal cases cannot be handled under German law if it is between Muslims who are not citizens (For example, let's say a couple from Pakistan moves to Germany, they don't have citizenship and then a divorce happens, unlike in other Western societies like Canada or the UK, the couple cannot get the divorce done under secular German law but only under sharia.) The outcome in most circumstances must not violate the principles of the German legal system according to the ordre public. The only times it can violate the German legal system are situations like for example when a non-citizen Muslim woman wants an equal inheritance but because of the use of sharia law in the German legal system, the woman does not have that choice, no matter if the deceased relative lived in Germany or abroad.[232]

Greece

In Western Thrace, under the terms of the 1920 Treaty of Sevres and 1923 Treaty of Lausanne, sharia courts historically had exclusive jurisdiction over the Muslim population in issues related to family law.[233][234] Since 2018, Muslims in the region have been given the choice of registering a civil marriage and pursuing civil cases in the national court system.[235][234] The Treaty of Lausanne also allows for the establishment of waqfs.[234]

In other parts of Greece, all people are subjected exclusively to the provisions of the civil code, regardless of their religion.[236]

Turkey

As part of Atatürk's reforms, sharia was abolished in April 1924, with the Law Regarding the Abolition of Islamic Law Courts and Amendments Regarding the Court Organization.[200]

United Kingdom

England and Wales: Sharia councils, which have no legal status and no legal jurisdiction, are consulted by many Muslims as a source of religious guidance and as an instance granting religious divorces.[237] Likewise, Muslim Arbitration Tribunals are afforded limited recognition as purveyors of arbitration.[citation needed]

In 2018, a British court recognized Sharia in a divorce ruling in 2018, noting that a Muslim couple married under Sharia will also be recognized under British law and that the woman may claim her share of assets in a divorce.[238]

Territories with limited recognition

Kosovo

Kosovo uses civil law.[32]

Northern Cyprus

It has a secular legal system with heavy influence from the modern-day Turkish legal system. It is unclear if Northern Cyprus is a civil law system, or if it uses common law.[239]

Sahrawi Arab Democratic Republic

Local qadis (sharia judges) have jurisdiction over personal status and family law issues.[240]

Somaliland

Islamic and customary law apply.[241]

See also

References

  1. ^ Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Leiden: Leiden University Press. pp. 615–16. ISBN 978-9087280574. Archived from the original on 5 November 2013. Retrieved 13 November 2018.
  2. ^ a b c d e f g h i j k l m n o Vikør, Knut S. (2014). "Sharīʿah". In Emad El-Din Shahin (ed.). The Oxford Encyclopedia of Islam and Politics. Oxford University Press. Archived from the original on 2 February 2017. Retrieved 3 September 2014.
  3. ^ Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. p. 19. ISBN 978-9087280482. Archived (PDF) from the original on 9 October 2017. Retrieved 22 January 2019.
  4. ^ a b c d e Mayer, Ann Elizabeth (2009). "Law. Modern Legal Reform". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 31 July 2017. Retrieved 22 January 2019.
  5. ^ "British & World English: sharia". Oxford: Oxford University Press. Archived from the original on 8 December 2015. Retrieved 4 December 2015.
  6. ^ John L. Esposito, Natana J. DeLong-Bas (2001), Women in Muslim family law Archived 19 October 2017 at the Wayback Machine, p. 2. Syracuse University Press, ISBN 978-0815629085. Quote: "[...], by the ninth century, the classical theory of law fixed the sources of Sharia at four: the Quran, the Sunnah of the Prophet, qiyas (analogical reasoning), and ijma (consensus)."
  7. ^ a b c John L. Esposito, ed. (2014). "Islamic Law". The Oxford Dictionary of Islam. Oxford: Oxford University Press. Archived from the original on 31 March 2019. Retrieved 22 January 2019.
  8. ^ a b c d e Calder, Norman (2009). "Law. Legal Thought and Jurisprudence". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 31 July 2017. Retrieved 22 January 2019.
  9. ^ Ziadeh, Farhat J. (2009c). "Criminal Law". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 5 May 2017. Retrieved 13 April 2019.
  10. ^ Dallal, Ahmad S.; Hendrickson, Jocelyn (2009). "Fatwā. Modern usage". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 23 February 2019. Retrieved 13 April 2019.
  11. ^ Stewart, Devin J. (2013). "Shari'a". In Gerhard Böwering, Patricia Crone (ed.). The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press. p. 500.
  12. ^ Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. p. 19. ISBN 978-9087280482. Archived (PDF) from the original on 9 October 2017. Retrieved 22 January 2019.
  13. ^ Rabb, Intisar A. (2009). "Law. Civil Law & Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. Archived from the original on 31 July 2017. Retrieved 22 January 2019.
  14. ^ Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. p. 20. ISBN 978-9087280482. Archived (PDF) from the original on 9 October 2017. Retrieved 22 January 2019.
  15. ^ Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. pp. 18–20. ISBN 978-9087280482. Archived (PDF) from the original on 9 October 2017. Retrieved 22 January 2019.
  16. ^ Stahnke, Tad and Robert C. Blitt (2005), "The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries." Georgetown Journal of International Law, volume 36, issue 4; also see Sharia Law profile by Country Archived 16 January 2014 at the Wayback Machine, Emory University (2011)
  17. ^ Brooks-Pollock, Tom (15 December 2015). "The countries where a majority of Muslims want to live under Sharia law". The Independent. Archived from the original on 11 October 2017. Retrieved 10 October 2017.
  18. ^ Lapidus, Ira (1996), The Cambridge Illustrated History of the Islamic World edited by Francis Robinson, Cambridge University Press, pp. 293–98. "The reintroduction of Sharia is a longstanding goal for Islamist movements in Muslim countries".
  19. ^ Hamann, Katie (29 December 2009). "Aceh's Sharia Law Still Controversial in Indonesia" Archived 11 April 2010 at the Wayback Machine. Voice of America. Retrieved 19 September 2011.
  20. ^ Staff (3 January 2003). "Analysis: Nigeria's Sharia Split" Archived 12 July 2018 at the Wayback Machine. BBC News. Retrieved 19 September 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".
  21. ^ [1] Archived 23 June 2011 at the Wayback Machine. Library of Congress Country Studies: Sudan:. "The factors that provoked the military coup, primarily the closely intertwined issues of Sharia 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".
  22. ^ a b c d Otto, Jan Michiel (30 August 2008). Sharia and National Law in Muslim Countries. Amsterdam University Press. pp. 8–9. ISBN 978-9087280482. Archived from the original on 15 January 2016. Retrieved 11 March 2013.
  23. ^ a b "The Sharia Courts". Israel Ministry of Justice. Archived from the original on 25 March 2019. Retrieved 19 March 2019.
  24. ^ a b c Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. pp. 18–20. ISBN 978-9087280482. Archived (PDF) from the original on 9 October 2017. Retrieved 22 January 2019.
  25. ^ Abiad, Nisrine (2008). Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study. British Institute of International and Comparative Law. pp. 38–42.
  26. ^ Tellenbach, Silvia (2015). "Islamic Criminal Law". In Markus D. Dubber; Tatjana Hornle (eds.). The Oxford Handbook of Criminal Law. Oxford University Press. pp. 249–250. ISBN 978-0199673599
  27. ^ Austin Ramzy (28 March 2019). "Brunei to Punish Adultery and Gay Sex With Death by Stoning". The New York Times.
  28. ^ "Brunei Shariah law applies death sentence for homosexuality". Deutsche Welle. 27 March 2019. Archived from the original on 31 March 2019. Retrieved 13 April 2019.
  29. ^ Brown, Jonathan A. C. (2017). "Stoning and Hand Cutting—Understanding the Hudud and the Shariah in Islam". Yaqeen Institute. Archived from the original on 6 April 2019. Retrieved 24 March 2019.
  30. ^ "Algeria". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  31. ^ "Algeria – Constitution and Laws" (PDF). U.S. State Department (2011). Retrieved 3 October 2014.
  32. ^ Ngarhodjim, Nadjita F. "An Introduction to the Legal System and Legal Research in Chad". GlobaLex. New York University School of Law. Archived from the original on 6 June 2017. Retrieved 13 November 2018.
  33. ^ "Freedom in the World – Comoros (2002)". UNHCR Refworld.
  34. ^ "Loi N°81-006, modifiée par les lois 87-004 et 95-012 portant Code pénal" (PDF). Ministère de la Justice. Archived from the original (PDF) on 30 May 2013. Retrieved 24 February 2013.
  35. ^ "Djibouti Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 20 June 2017. Retrieved 13 November 2018.
  36. ^ "24ème session". Haut-Commissariat aux droits de l'homme. Archived from the original on 14 July 2014. Retrieved 9 July 2014. La Charia n'est pas compétente dans le domaine pénal, a précisé la délégation.
  37. ^ Adly Mansour. "Egypt's Constitution" (PDF). Government of Egypt. Archived (PDF) from the original on 18 July 2015. Retrieved 13 November 2018.
  38. ^ Abdel Wahab, Mohamed S. E. "An Overview of the Egyptian Legal System and Legal Research". GlobaLex. New York University School of Law. Archived from the original on 23 November 2017. Retrieved 13 November 2018.
  39. ^ "Egypt – The Judiciary, Civil Rights and the Rule of Law". Library of Congress, USA. Archived from the original on 4 March 2016. Retrieved 13 November 2018.
  40. ^ "Incorporating Sharia into legal systems". BBC News. 8 February 2008. Archived from the original on 25 April 2013. Retrieved 18 February 2013.
  41. ^ "Egypt Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 19 October 2018. Retrieved 13 November 2018.
  42. ^ "Introduction To Eritrean Legal System And Research". GlobaLex. New York University School of Law. Archived from the original on 18 March 2013. Retrieved 19 February 2013.
  43. ^ "Ethiopia". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  44. ^ "Gambia". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  45. ^ "Ghana". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  46. ^ a b c "Islam: Governing Under Sharia". Council on Foreign Relations. Archived from the original on 3 February 2013. Retrieved 18 February 2013.
  47. ^ "Kenya". Law.emory.edu. Archived from the original on 16 January 2013. Retrieved 18 February 2013.
  48. ^ "The Constitution of Kenya" (PDF). Embassy of the Republic of Kenya, Washington DC. Archived from the original (PDF) on 23 December 2012. Retrieved 24 February 2013.
  49. ^ "Libya". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  50. ^ "Libya Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 2 May 2013. Retrieved 13 November 2018.
  51. ^ Servaas Feiertag (2008). "Guide to Legal Research in Mali". GlobaLex. New York University School of Law. Archived from the original on 5 March 2016. Retrieved 13 November 2018.
  52. ^ Jeffrey Craver (Translator), The Constitution of the Republic of Mali Archived 2012-09-12 at the Wayback Machine University of Richmond School of Law
  53. ^ "Researching the Legal System and Laws of the Islamic Republic of Mauritania". GlobaLex. New York University School of Law. Archived from the original on 31 May 2013. Retrieved 19 February 2013.
  54. ^ "ISLAM IN MAURITIUS | Faisal Muhammad - Academia.edu". Archived from the original on 9 July 2014. Retrieved 13 November 2018.
  55. ^ "Gender Equality in Mauritius – Social Institutions and Gender Index (SIGI)". genderindex.org. Archived from the original on 24 June 2015. Retrieved 13 November 2018.
  56. ^ "Morocco". Law.emory.edu. Archived from the original on 1 December 2008. Retrieved 18 February 2013.
  57. ^ "Morocco Gender Equality Profile" (PDF). UNICEF.
  58. ^ Buskens, Leon (2010). Otto, Jan (ed.). Sharia Incorporated. Leiden University Press. pp. 122–24. ISBN 978-9087280574.
  59. ^ "Constitution of Morocco 2011". Government of Morocco, Article 41. 11 April 2013. Archived from the original on 10 November 2018. Retrieved 13 November 2018.
  60. ^ "Morocco Laws Criminalizing Apostasy". Library of Congress, U.S. Government (2013). June 2014. Archived from the original on 4 January 2018. Retrieved 13 November 2018.
  61. ^ Rainha, Paula. "Republic of Mozambique – Legal System and Research". GlobaLex. New York University School of Law. Archived from the original on 1 May 2018. Retrieved 13 November 2018.
  62. ^ Graeme R. Newman (2010). Crime and Punishment around the World: [Four Volumes]. ABC-CLIO. p. 157. ISBN 978-0313351341. Archived from the original on 25 April 2016.
  63. ^ "Working within Nigeria's Sharia Courts". Carnegiecouncil.org. Archived from the original on 21 March 2013. Retrieved 18 February 2013.
  64. ^ "Nigeria's Zamfara Sharia court orders amputation". BBC News. 9 September 2011. Archived from the original on 25 January 2012. Retrieved 18 February 2013.
  65. ^ "Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present". Leiden University Press. p. 575 (25). Archived from the original on 20 October 2014.
  66. ^ "Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present". Leiden University Press. p. 603 (53). Archived from the original on 20 October 2014.
  67. ^ "Customary and Sharia in Senegal". Legal Briefs (2004). Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  68. ^ "Code de la famille Sénégalais" (PDF). JaFBase. Archived from the original (PDF) on 6 October 2014. Retrieved 3 October 2014.
  69. ^ a b Dièye, Abdoulaye. "Secularism in Senegal: Withstanding the Challenge of Local Realities" (PDF). Institute for the Study of Islamic Thought in Africa. Archived (PDF) from the original on 5 June 2010. Retrieved 3 October 2014.
  70. ^ Mary Hallward-Driemeier; Tazeen Hasan (4 October 2012). Empowering Women: Legal Rights and Economic Opportunities in Africa. World Bank Publications. p. 55. ISBN 978-0821395349. Archived from the original on 24 April 2016. Retrieved 12 August 2015.
  71. ^ Dièye, Abdoulaye (2009). "Secularism in Senegal: Withstanding the Challenge of Local Realities" (PDF). Institute for the Study of Islamic Thought in Africa. p. 10. Archived (PDF) from the original on 5 June 2010. Retrieved 3 October 2014. More recently a personal status code in accordance with the Sharia for Senegalese Muslims instead of the present Family Code was adopted and propagated by the Islamic Committee for the Reform of the Family Code in Senegal.
  72. ^ "Somali cabinet votes to implement sharia law". Reuters. 10 March 2009. Archived from the original on 23 October 2012. Retrieved 18 February 2013.
  73. ^ "UN officials welcome 'historic' approval of new constitution for Somalia". United Nations News Center (2012). August 2012. Archived from the original on 4 July 2017. Retrieved 13 November 2018.
  74. ^ "Federal Republic of Somalia – Provisional Constitution". United Nations (2012). Archived from the original on 2 April 2015.
  75. ^ Abdul Wahid Sh. Qalinle. Johansson Dahre, Ulf (ed.). Promoting Rule of Law in an Era of 'Re-Islamization" in Somalia, Part IV in Predicaments in the Horn of Africa (PDF). Lund University Press. pp. 331–42. Archived (PDF) from the original on 15 June 2017. Retrieved 13 November 2018.
  76. ^ Clark Lombardi (2013). "Sharia – A or The Chief Source of Legislation" (PDF). International Law Review. American University. 28 (3): 751–53. Archived from the original (PDF) on 15 September 2014. Retrieved 13 November 2018.
  77. ^ Koendgen, Olaf (2010). Otto, Jan (ed.). Sharia Incorporated. Leiden University Press. pp. 181–230. ISBN 978-9087280574.
  78. ^ Jan Michiel Otto (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Amsterdam University Press. pp. 211–212. ISBN 978-9087280574. Archived from the original on 15 May 2016.
  79. ^ "The Criminal Act 1991" (PDF). PCLRS. Archived from the original (PDF) on 26 May 2013. Retrieved 21 February 2013.
  80. ^ "Women Around the World Are Being Stoned to Death. Do You Know the Facts?". Archived from the original on 27 July 2017. Retrieved 20 May 2018.
  81. ^ "Sudan ends 30 years of Islamic law by separating religion, state".
  82. ^ "Sudan separates religion from state ending 30 years of Islamic rule/date:7 September 2020".
  83. ^ "Islamic world at decisive point in history: Will it take the path of Emirates or Turkey?". 6 September 2020.
  84. ^ "Sudan scraps apostasy law and alcohol ban for non-Muslims". BBC News. 12 July 2020.
  85. ^ "Christian Couple in Sudan Faces Possible Flogging for 'Adultery'". 3 May 2022.
  86. ^ "Guide to Tanzanian Legal System and Legal Research". GlobaLex. New York University School of Law. Archived from the original on 2 February 2013. Retrieved 19 February 2013.
  87. ^ "Tunisia". Law.emory.edu. Archived from the original on 11 February 2013. Retrieved 18 February 2013.
  88. ^ "Features – A Guide to the Tunisian Legal System". LLRX. 15 September 2002. Archived from the original on 3 March 2013. Retrieved 18 February 2013.
  89. ^ "Will Tunisian Women Finally Inherit What They Deserve?". Foreign Policy. Archived from the original on 10 January 2015. Retrieved 10 January 2015.
  90. ^ "Constitution of Uganda" (PDF). Archived from the original (PDF) on 8 February 2013. Retrieved 13 November 2018.
  91. ^ "Quebec gives thumbs down to Shariah law". CBC News. 26 May 2005. Archived from the original on 9 October 2017. Retrieved 10 October 2017.
  92. ^ Choski, Bilal M. (14 March 2012). "Religious Arbitration in Ontario – Making the Case Based on the British Example of the Muslim Arbitration Tribunal". law.upenn.edu. Archived from the original on 4 March 2016. Retrieved 10 December 2015.
  93. ^ Farmer, Liz (4 November 2014). "Alabama Joins Wave of States Banning Foreign Laws". governing.com. Archived from the original on 10 September 2015. Retrieved 27 August 2015.
    • Stahnke, Tad and Robert C. Blitt (2005), "The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries." Georgetown Journal of International Law, volume 36, issue 4; also see Sharia Law profile by Country Archived 2014-01-16 at the Wayback Machine, Emory University (2011)
  94. ^ Lau, Martin. "Afghanistan's Legal System and its Compatibility with International Human Rights Standards" (PDF). UNHCR. p. 21. Archived (PDF) from the original on 8 June 2017. Retrieved 13 November 2018.
  95. ^ a b Clark Lombardi (2013). "Sharia – A or The Chief Source of Legislation" (PDF). American University International Law Review. 28 (3): 733–74. Archived from the original (PDF) on 15 September 2014. Retrieved 13 November 2018.
  96. ^ a b "Chapter III – Relevant Aspects of the Legal System and Description of the Enforcement Structures" (PDF). Bahrain Government. Archived (PDF) from the original on 24 March 2016. Retrieved 13 November 2018.
  97. ^ Gerhard Robbers (2006). Encyclopedia of World Constitutions. Infobase Publishing. p. 73. ISBN 978-0816060788. Archived from the original on 27 May 2016. Retrieved 20 August 2013.
  98. ^ "Bahrain" (PDF). Freedom House. p. 4. Archived (PDF) from the original on 2 October 2018. Retrieved 13 November 2018.
  99. ^ "Bahrain Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 20 June 2017. Retrieved 13 November 2018.
  100. ^ "Women and property rights: Who owns Bangladesh?". The Economist (Blog). 21 August 2013. Archived from the original on 7 December 2013. Retrieved 2 December 2013.
  101. ^ "A Research Guide to the Legal System of the People's Republic of Bangladesh". GlobaLex. New York University School of Law. Archived from the original on 19 March 2013. Retrieved 18 February 2013.
  102. ^ "Bangladesh". Law.emory.edu. Archived from the original on 21 June 2014. Retrieved 18 February 2013.
  103. ^ Jonathan Fox (2008). A World Survey of Religion and the State. Cambridge University Press. p. 197. ISBN 978-1139472593. Archived from the original on 3 June 2016.
  104. ^ "Brunei". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  105. ^ "Islamic Criminal Law in Brunei: Don't delay". The Jakarta Post. Archived from the original on 5 March 2016. Retrieved 13 November 2018.
  106. ^ "Sultan of Brunei imposes harsh Islamic criminal code". Los Angeles Times. May 2014. Archived from the original on 6 May 2014. Retrieved 7 May 2014.
  107. ^ "Archived copy". Archived from the original on 4 March 2016. Retrieved 13 November 2018.{{cite web}}: CS1 maint: archived copy as title (link)
  108. ^ "Aceh passes adultery stoning law". BBC News. 14 September 2009. Archived from the original on 26 February 2013. Retrieved 21 February 2013.
  109. ^ Aceh fully enforces sharia Archived 2018-03-07 at the Wayback Machine The Jakarta Post (7 February 2014)
  110. ^ Laying down God's law Archived 2017-09-24 at the Wayback Machine The Economist (15 February 2014). See Islamic criminal law in Aceh.
  111. ^ "Indonesia". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  112. ^ a b c d e Mark E. Cammack; R. Michael Feener. "The Islamic Legal System in Indonesia" (PDF). pp. 17–32. Archived (PDF) from the original on 1 July 2017. Retrieved 22 August 2014.
  113. ^ "Indonesia". Freedom in the World 2012. Freedom House. 17 January 2012. Archived from the original on 31 January 2013. Retrieved 23 February 2013.
  114. ^ Jonathan Fox (2008). A World Survey of Religion and the State. Cambridge University Press. p. 231. ISBN 978-1139472593. Archived from the original on 9 June 2016.
  115. ^ "قانون مجازات اسلامی". Archived from the original on 15 August 2018. Retrieved 13 November 2018.
  116. ^ Abrahamian, Ervand (2008). A History of Modern Iran. Cambridge, UK; New York: Cambridge University Press. p. 190. ISBN 978-0521528917. They allowed women to study abroad on state scholarships. They even passed bills directly contradicting traditional interpretations of the sharia. They eliminated all distinctions between men and women, between Muslims and non-Muslims, in accepting witnesses in court and awarding monetary compensations for damages. They increased the marriageable age for girls to fifteen (from thirteen). They reopened the judiciary to women. They gave them equal rights in divorce courts and permitted them to have custody rights over children under the age of seven. Never before in the Middle East had a freely elected parliament so blatantly challenged basic tenets of the sharia. What is more, they ratified the UN Convention on Elimination of All Forms of Discrimination against Women – the USA has still refused to ratify this highly egalitarian convention. The liberal cause was further bolstered when Ayatollah Youssef Sanai, one of Khomeini’s favorite disciples, came out in full support of women’s rights. He ruled that the law should not differentiate between the sexes, and that women should have the right to become presidents, chief judges, and even Supreme Leaders.
  117. ^ "Iraq, Republic of". Law.emory.edu. 16 March 1983. Archived from the original on 16 January 2013. Retrieved 18 February 2013.
  118. ^ a b c "Women in Personal Status Laws: Iraq, Jordan, Lebanon, Palestine, Syria" (PDF). SHS Papers in Women’s Studies/ Gender Research, No. 4. UNESCO. July 2005. Archived (PDF) from the original on 10 October 2017. Retrieved 13 November 2018.
  119. ^ Jonathan Fox (2008). A World Survey of Religion and the State. Cambridge University Press. p. 238. ISBN 978-1139472593. Archived from the original on 10 May 2013.
  120. ^ "Religion, Law, and Iraq's Personal Status Code". Islamopedia Online. Archived from the original on 30 May 2013. Retrieved 18 February 2013.
  121. ^ "Iraq Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 20 June 2017. Retrieved 13 November 2018.
  122. ^ a b "Josh Goodman: What Sharia Law in Democracies Tells Us About Islam". HuffPost Religion. 29 September 2010. Archived from the original on 5 March 2016. Retrieved 13 November 2018.
  123. ^ "Jordan, Hashemite Kingdom of" (PDF). Law.yale.edu. p. 21. Archived from the original (PDF) on 16 June 2015. Retrieved 13 November 2018.
  124. ^ "Jordan Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 20 June 2017. Retrieved 13 November 2018.
  125. ^ "UPDATE: Laws of the Republic of Kazakhstan". GlobaLex. New York University School of Law. Archived from the original on 31 May 2013. Retrieved 18 February 2013.
  126. ^ Paul Brummell (2012). Kazakhstan. Bradt Travel Guides. p. 21. ISBN 978-1841623696. Archived from the original on 2 May 2016.
  127. ^ "Constitution of Kuwait". Dustur Dawlat Al-Kuwait, Government of Kuwait (2014). Archived from the original on 9 April 2018. Retrieved 13 November 2018.
  128. ^ "State of Kuwait, Public Administration Profile" (PDF). United Nations. p. 7. Archived (PDF) from the original on 28 September 2018. Retrieved 13 November 2018.
  129. ^ "Kuwait, State of". Law.emory.edu. Archived from the original on 16 January 2013. Retrieved 18 February 2013.
  130. ^ "Kuwait Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 20 June 2017. Retrieved 13 November 2018.
  131. ^ Monroe E. Price; Stefaan Verhulst; Libby Morgan (2013). Routledge Handbook of Media Law. pp. 262–64. ISBN 978-1135109004. Archived from the original on 10 June 2016. Retrieved 12 August 2015.
  132. ^ "The Lebanese Constitution promulgated on May 23, 1926, with its Amendments". World Intellectual Property Organization. Archived from the original on 24 September 2017. Retrieved 13 November 2018.
  133. ^ a b c Harding, Andrew (2010). Otto, Jan (ed.). Sharia Incorporated. Leiden University Press. pp. 491–521. ISBN 978-9087280574.
  134. ^ Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Leiden: Leiden University Press. pp. 504–505. ISBN 978-9087280574. Archived from the original on 5 November 2013. Retrieved 13 November 2018. In Terengganu, where PAS took over the State government between 1999 and 2004, a hudud law was also passed.
  135. ^ Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Leiden: Leiden University Press. pp. 504–05. ISBN 978-9087280574. Archived from the original on 5 November 2013. Retrieved 13 November 2018. On November 25, 1993, the State Legislative Assembly unanimously approved the hudud law.
  136. ^ Shad Furuqi (2005), The Malaysian Constitution, the Islamic state and Hudud Laws, Chapter 13 in Islam in Southeast Asia (Editors: Nathan and Kamali), Institute of Southeast Asian Studies, ISBN 978-9812302830
  137. ^ Saw Swee-Hock; K Kesavapany (January 2006). Malaysia: Recent Trends and Challenges. Institute of Southeast Asian Studies. p. 105. ISBN 978-9812303394. Archived from the original on 6 May 2016. Retrieved 12 August 2015. this law, being in contravention to the Federal Constitution, has remained inoperative.
  138. ^ Peri Bearman; Professor Rudolph Peters (28 August 2014). The Ashgate Research Companion to Islamic Law. Ashgate Publishing, Ltd. p. 240. ISBN 978-1409438939. Archived from the original on 29 May 2016. Retrieved 12 August 2015. the government of Kelantan admitted to the largely symbolic nature of the law, with the Chief Minister of Kelantan stating a few days after its unanimous passage that it "could not be implemented until the Federal Government of Malaysia makes changes to the Federal Constitution"
  139. ^ Arskal Salim (2008). Challenging the Secular State: The Islamization of Law in Modern Indonesia. University of Hawaii Press. pp. 176. ISBN 978-0824832377. Retrieved 12 August 2015. The bill, however, was rejected by the Malaysian federal government on the grounds that it clashed with the federal constitution.
  140. ^ "Woman in Malaysia Caning Sentence Freed". WSJ.com. Archived from the original on 10 July 2015. Retrieved 23 February 2013.
  141. ^ "Malaysia begins caning women for adultery". Christian Science Monitor. CSMonitor.com. 18 February 2010. Archived from the original on 4 March 2013. Retrieved 23 February 2013.
  142. ^ Jonathan Fox (2008). A World Survey of Religion and the State. Cambridge University Press. p. 198. ISBN 978-1139472593. Archived from the original on 27 May 2016.
  143. ^ Pak, Jennifer (5 September 2011). "Malaysia's parallel judicial systems come up against legal challenges". BBC News. Archived from the original on 2 February 2013. Retrieved 18 February 2013.
  144. ^ "Maldives Penal Code" (PDF). Archived (PDF) from the original on 7 June 2013. Retrieved 19 February 2013.
  145. ^ "Maldives". Law.emory.edu. 16 March 1983. Archived from the original on 11 February 2013. Retrieved 18 February 2013.
  146. ^ a b c Aung, Marlar Than. "Current Legal Framework of Islamic Family Law in Myanmar" (PDF). Archived (PDF) from the original on 13 November 2018. Retrieved 13 November 2018.
  147. ^ Mechantaf, Khalil. "The Legal System and Research in the Sultanate of Oman". GlobaLex. New York University School of Law. Archived from the original on 15 October 2016. Retrieved 13 November 2018.
  148. ^ "Sultanate of Oman". Ministry of Foreign Affairs. Archived from the original on 5 May 2008. Retrieved 18 February 2013.
  149. ^ "Oman". Freedom House. 17 January 2012. Archived from the original on 25 October 2012. Retrieved 18 February 2013.
  150. ^ "Oman Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 20 June 2017. Retrieved 13 November 2018.
  151. ^ Graeme R. Newman (19 October 2010). Crime and Punishment around the World [4 volumes]: [Four Volumes]. ABC-CLIO. pp. 336–37. ISBN 978-0313351341. Archived from the original on 17 June 2016. Retrieved 12 August 2015.
  152. ^ Rubya Mehdi, The Islamization of the Law in Pakistan (2013) Routledge, p. 209
  153. ^ Salma Waheedi & Kristen Stilt, Judicial review in the context of constitutional Islam, in "Comparative Judicial Review", Edward Elgar Publishing, pg. 137
  154. ^ Shahbaz Ahmad Cheema, The Federal Shariat Court’s Role to Determine the Scope of ‘Injunctions of Islam’ and Its Implications, Journal of Islamic State Practices in International Law (2013), p. 95
  155. ^ Shahbaz Ahmad Cheema, The Federal Shariat Court’s Role to Determine the Scope of ‘Injunctions of Islam’ and Its Implications, Journal of Islamic State Practices in International Law (2013), p. 92
  156. ^ Sadaf Aziz, The Constitution of Pakistan: A Contextual Analysis, Bloomsbury Publishing
  157. ^ Shahbaz Ahmad Cheema, The Federal Shariat Court’s Role to Determine the Scope of ‘Injunctions of Islam’ and Its Implications, Journal of Islamic State Practices in International Law (2013), p. 94
  158. ^ Elisa Giunchi, Adjudicating Family Law in Muslim Courts, Routledge, p. 80
  159. ^ Aarij S. Wasti, The Hudood Laws of Pakistan: A Social and Legal Misfit in Today's Society, Dalhousie Journal of Legal Studies, pp. 76-77
  160. ^ Sadaf Aziz, The Constitution of Pakistan: A Contextual Analysis, Bloomsbury Publishing
  161. ^ Tahir Wasti, The Application of Islamic Criminal Law in Pakistan: Sharia in Practice (2009) BRILL, Chapter 6
  162. ^ Khan, A. U., Ullah, S., & Abdullah, K. (2018). Personal-cum-political security & blasphemy laws in pakistan: A critical analysis. Pakistan Journal of Criminology, 10(1), 121.
  163. ^ Rubya Mehdi, The Islamization of the Law in Pakistan (2013) Routledge, pp. 109-110
  164. ^ Aarij S. Wasti, The Hudood Laws of Pakistan: A Social and Legal Misfit in Today's Society, Dalhousie Journal of Legal Studies, pp. 74-75
  165. ^ Rubya Mehdi, The Islamization of the Law in Pakistan (2013) Routledge
  166. ^ Anita M. Weiss, Islamic Reassertion in Pakistan: The Application of Islamic Laws in a Modern State (1986) Syracuse University Press, pg. 74
  167. ^ Iftikhar Malik, State and Civil Society in Pakistan: Politics of Authority, Ideology and Ethnicity (1996) Springer, p. 53
  168. ^ Forte, D. F. (1994), Apostasy and Blasphemy in Pakistan, Conn. Journal of Int'l Law, Vol. 10, p. 28
  169. ^ Clarke, Ben (2009). "Law, Religion and Violence: A Human Rights-Based Response to Punishment (by State and Non-State Actors) of Apostasy". Adelaide Law Review. 30: 140.
  170. ^ Martin Lau, The Role of Islam in the Legal System of Pakistan, BRILL, pg. 137
  171. ^ Cheema, Shahbaz Ahmad. "The Federal Shariat Court's Role to Determine the Scope of 'Injunctions of Islam' and Its Implications". Journal of Islamic State Practices in International Law: 100.
  172. ^ Gianluca P. Parolin, Religion and the Sources of Law: Shariah in Constitutions, in "Law, Religion, Constitution: Freedom of Religion, Equal Treatment, and the Law" (2016) Routledge, p. 103
  173. ^ "Occupied Palestinian Territory Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 20 June 2017. Retrieved 13 November 2018.
  174. ^ Oxford Business Group. The Report: The Philippines 2010. Oxford Business Group. p. 14. ISBN 978-1907065118. Archived from the original on 12 October 2013. Retrieved 19 February 2013.
  175. ^ "A primer on the Philippine Sharia courts" (PDF). Asian Institute of Journalism and Communication. Archived (PDF) from the original on 20 August 2013. Retrieved 19 February 2013.
  176. ^ Code of Muslim Personal Laws of the Philippines Archived 2018-11-11 at the Wayback Machine.
  177. ^ "Analysis: Mindanao's uncertain road to peace". IRIN News. 24 October 2012. Archived from the original on 7 January 2015. Retrieved 14 January 2015.
  178. ^ "The Permanent Constitution of the State of Qatar". Government of Qatar. Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  179. ^ "Constitution of Qatar". Archived from the original on 6 October 2014. Retrieved 13 November 2018. According to Article 1: Qatar is an independent Arab country. Islam is its religion and Sharia is the main source of its legislation.
  180. ^ "Qatar Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 29 June 2014. Retrieved 13 November 2018.
  181. ^ a b "Amnesty International Annual Report 2012 – Qatar". Amnesty International. Archived from the original on 24 July 2014. Retrieved 19 March 2014.
  182. ^ a b c "Filipino woman gets 100 lashes for giving birth in Qatar". Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  183. ^ "Qatar sentences man to 40 lashes for drinking alcohol". Arabian Business. Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  184. ^ "Qatar sentences man to lashes for drinking alcohol". Al Akhbar. Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  185. ^ "Qatar court orders lashing of Muslim barber over drinking alcohol". Al Arabiya. Archived from the original on 29 June 2017. Retrieved 13 November 2018.
  186. ^ "Indian expat sentenced to 40 lashes in Qatar for drink-driving". Arabian Business. Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  187. ^ "Law No. (11) of 2004 Penal Code" (PDF). Qatar Financial Information Unit. Archived from the original (PDF) on 2 June 2013. Retrieved 13 November 2018.
  188. ^ "Prison Information Pack – Saudi Arabia". Ukinsaudiarabia.fco.gov.uk. 9 April 2012. Archived from the original on 11 January 2012. Retrieved 18 February 2013.
  189. ^ "MENA Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 5 June 2012. Retrieved 23 February 2013.
  190. ^ "Saudi Arabia announces major legal reforms, paving the way for codified law". CNBC. 9 February 2021. Retrieved 7 March 2021.
  191. ^ "Singapore". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  192. ^ "Muslim Law in Sri Lanka". Sri Lanka Daily News. Archived from the original on 11 March 2013. Retrieved 19 February 2013.
  193. ^ "Syria (Syrian Arab Republic)". Law.emory.edu. Archived from the original on 25 January 2014. Retrieved 21 August 2013.
  194. ^ "Syria". Carnegie Endowment for International Peace. p. 13. Archived from the original on 9 October 2017. Retrieved 13 November 2018.
  195. ^ "Syria (Syrian Arab Republic)". Law.emory.edu. Archived from the original on 25 January 2014. Retrieved 18 February 2013.
  196. ^ "Syria Gender Equality Profile" (PDF). UNICEF. Archived (PDF) from the original on 11 November 2018. Retrieved 13 November 2018.
  197. ^ "Thailand May Extend Shariah Law in Violence-Ridden Muslim South". Bloomberg L.P. 22 June 2009. Archived from the original on 9 March 2013. Retrieved 18 February 2013.
  198. ^ "The Application of Islamic Law in Thailand". Institute of Developing Economies. Retrieved 30 October 2022.
  199. ^ a b Ioannis N. Grigoriadis (2012). Instilling Religion in Greek and Turkish Nationalism: A "Sacred Synthesis". Palgrave Macmillan. p. 63. ISBN 978-1137301192. Archived from the original on 25 April 2016.
  200. ^ "Archived copy". Archived from the original on 5 April 2018. Retrieved 13 November 2018.{{cite web}}: CS1 maint: archived copy as title (link)
  201. ^ Jonathan Fox (2008). A World Survey of Religion and the State. Cambridge University Press. pp. 146–48. ISBN 978-1139472593. Archived from the original on 28 April 2016.
  202. ^ a b "Torture and flogging". Fanack. Archived from the original on 6 October 2014.
  203. ^ "UAE: Judicial corporal punishment by flogging". World Corporal Punishment Research. Archived from the original on 10 October 2017. Retrieved 13 November 2018.
  204. ^ "United Arab Emirates". Crime and Society. Archived from the original on 29 May 2015. Retrieved 13 November 2018.
  205. ^ "Pregnant maid to get 100 lashes after being found guilty of illegal affair". Archived from the original on 6 October 2014.
  206. ^ "Teenager to be lashed for adultery". Archived from the original on 14 July 2015. Retrieved 13 November 2018.
  207. ^ "Illicit lovers sentenced to 100 lashes each". Archived from the original on 18 October 2013. Retrieved 13 November 2018.
  208. ^ a b "Two women sentenced to death for adultery". Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  209. ^ "Prison for couple who conceived outside of wedlock". Archived from the original on 29 June 2017. Retrieved 13 November 2018. KA, 19, Emirati, was sentenced to six months in prison. Her would-be husband, AM, Omani, was sentenced to 100 lashes and one year in prison.
  210. ^ "Adulterer to be lashed, jailed in Sharjah". Archived from the original on 17 October 2013. Retrieved 13 November 2018.
  211. ^ "DUBAI: Alleged victim of gang rape sentenced to one year in prison". 17 June 2010. Archived from the original on 21 August 2018. Retrieved 13 November 2018. At that point, she was facing a penalty for extramarital sex, which is 100 lashes and a minimum of three years in prison.
  212. ^ "Man to get 80 lashes for drinking alcohol". 2010. Archived from the original on 5 May 2010. Retrieved 13 November 2018.
  213. ^ "Man appeals 80 lashes for drinking alcohol in Abu Dhabi". 2012. Archived from the original on 29 June 2017. Retrieved 13 November 2018.
  214. ^ "Woman denies affair after hearing she faces stoning". Archived from the original on 29 June 2017. Retrieved 13 November 2018. Under the same law, premarital sex is punishable by 100 lashes.
  215. ^ "UAE: Death by stoning/ flogging". Amnesty. Archived from the original on 6 October 2014. Retrieved 13 November 2018.
  216. ^ "Man faces stoning in UAE for incest". 14 April 2007. Archived from the original on 21 August 2018. Retrieved 13 November 2018.
  217. ^ "Woman denies affair after hearing she faces stoning". Archived from the original on 29 June 2017. Retrieved 13 November 2018.
  218. ^ "Woman Sentenced to Death by Stoning in UAE". 5 May 2014. Archived from the original on 30 September 2015. Retrieved 13 November 2018.
  219. ^ "Asian housemaid gets death for adultery in Abu Dhabi". 4 May 2014.
  220. ^ "Expat faces death by stoning after admitting in court to cheating on husband". Archived from the original on 6 October 2014.
  221. ^ a b Parmar, Sheetal (5 August 2014). "Britons 'liable to Sharia divorces' in UAE". BBC News. BBC. Archived from the original on 18 October 2017. Retrieved 13 November 2018.
  222. ^ a b "The UAE Court System". Consulate General of the United States Dubai, UAE. Archived from the original on 22 October 2015.
  223. ^ a b Butti Sultan Butti Ali Al-Muhairi (1996), The Islamisation of Laws in the UAE: The Case of the Penal Code Archived 2017-05-19 at the Wayback Machine, Arab Law Quarterly, Vol. 11, No. 4 (1996), pp. 350–71
  224. ^ Al-Muhairi (1997), Conclusion to the Series of Articles on the UAE Penal Law. Arab Law Quarterly, Vol. 12, No. 4
  225. ^ a b "Divorcees, widows concerned about receiving 'permission' before remarrying". Archived from the original on 29 June 2017. Retrieved 13 November 2018.
  226. ^ "World Report 2017: Rights Trends in United Arab Emirates". Human Rights Watch. 12 January 2017. Archived from the original on 17 January 2019. Retrieved 2 January 2019.
  227. ^ a b "United Arab Emirates". U.S. Department of State. Archived from the original on 19 January 2012. Retrieved 13 November 2018.
  228. ^ "Islam and Law After Unification: Debates and Challenges". Islamopedia Online. Archived from the original on 11 July 2015. Retrieved 18 February 2013.
  229. ^ "Yemen, Republic of". Law.emory.edu. Archived from the original on 12 February 2013. Retrieved 18 February 2013.
  230. ^ "Republican Decree, By Law No. 12 for 1994, Concerning Crimes and Penalties". UNHCR Refworld. Retrieved 21 February 2013.
  231. ^ "Sharia Courts in Western Democracies? – An Interview with Manfred Brocker". November 2012. Archived from the original on 4 October 2018. Retrieved 13 November 2018.
  232. ^ Macris, P.C. (18 February 2017). "Sharia Law in Thrace". Le Courrier Diplomatique. Archived from the original on 1 December 2017. Retrieved 30 November 2017.
  233. ^ a b c "Greece" (PDF). U.S. Department of State. pp. 2–4. Retrieved 16 January 2015.
  234. ^ Niki Kitsantonis (10 January 2018). "Greece Scraps Compulsory Shariah for Muslim Minority". The New York Times. Archived from the original on 16 April 2019. Retrieved 16 April 2019.
  235. ^ Kakoulidou, Eirini. "The application of Shari'ah in the Greek area of Western Thrace". Academia.edu. Archived from the original on 28 April 2015. Retrieved 16 January 2015.
  236. ^ "The independent review into the application of sharia law in England and Wales" (PDF). UK Government. 2018. p. 4. Archived (PDF) from the original on 2 October 2018. Retrieved 13 November 2018.
  237. ^ McCann, Kate (1 August 2018). "British court recognises sharia law in landmark divorce case". The Telegraph. ISSN 0307-1235. Archived from the original on 3 January 2019. Retrieved 2 January 2019.
  238. ^ "The Constitution of the Turkish Republic of Northern Cyprus". cypnet.co.uk. Archived from the original on 25 May 2011. Retrieved 13 November 2018.
  239. ^ Eric Goldstein; Bill Van Esveld, eds. (2008). Human Rights in Western Sahara and in the Tindouf Refugee Camps. Human Rights Watch. p. 216. ISBN 978-1564324207. Archived from the original on 13 June 2015. Retrieved 13 November 2018.
  240. ^ "Introduction to Somaliland Law". somalilandlaw.com. Archived from the original on 27 April 2018. Retrieved 13 November 2018.
Retrieved from "https://justapedia.org/index.php?title=Application_of_Sharia_by_country&oldid=1118967854"