Sharia Judiciary

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Sharia (; Arabic: شَرِيعَة, romanized: sharīʿah, IPA: [ʃaˈriːʕa]) is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and this is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning, and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers. Over time with the necessities brought by sociological changes, on the basis of mentioned interpretative studies legal schools have emerged, reflecting the preferences of particular societies and governments, as well as Islamic scholars or imams on theoretical and practical applications of laws and regulations. Although sharia is presented as a form of governance in addition to its other aspects (especially by the contemporary Islamist understanding), some researchers see the early history of Islam, which has been modelled and exalted by most Muslims, not as a period when sharia was dominant, but a kind of "secular Arabic expansion". Traditional theory of Islamic jurisprudence recognizes four sources of Sharia: the Quran, sunnah (a type of oral tradition narrated through a chain of transmission and recorded and classified as authentic hadith), ijma (may be understood as ijma al-ummah – a whole community consensus, or ijma al-aimmah – a consensus by religious authorities.) and analogical reasoning. Four legal schools of Sunni Islam — Hanafi, Maliki, Shafiʽi and Hanbali — developed Sunni methodologies for deriving rulings from scriptural sources using a process known as ijtihad. Traditional jurisprudence distinguishes two principal branches of law, rituals and social dealings; subsections family law, relationships (commercial, political / administrative) and criminal law, in a wide range of topics. Its rulings are concerned with ethical standards as much as legal norms, assigning actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited. According to human rights groups, some of the classical sharia practices involve serious violations of basic human rights, gender equality and freedom of expression, and the practices of countries governed by sharia are criticized. The European Court of Human Rights in Strasbourg (ECtHR) ruled in several cases that sharia is "incompatible with the fundamental principles of democracy". "Human rights concept" have been categorically excluded by the governments of countries such as Iran and Saudi Arabia under sharia, claiming that it belongs to secular and western values, while the Cairo conference by the Organisation of Islamic Cooperation declared that human rights can only be respected if they are compatible with Islam. Approaches to sharia in the 21st century vary widely, and the role and mutability of sharia in a changing world has become an increasingly debated topic. Beyond sectarian differences, fundamentalists advocate the complete and uncompromising implementation of "exact/pure sharia" without modifications, while modernists argue that it can/should be brought into line with human rights and other contemporary issues such as democracy, minority rights, freedom of thought, women's rights and banking by new jurisprudences. In Muslim majority countries, traditional laws have been widely used with or changed by European models. Judicial procedures and legal education have been brought in line with European practice likewise. While the constitutions of most Muslim-majority states contain references to sharia, its rules are largely retained only in family law. The Islamic revival of the late 20th century brought calls by Islamic movements for full implementation of sharia, including hudud corporal punishments, such as stoning. ..More on Wikipedia

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