Saria Rule 34
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Saria Rule 34
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From Wikipedia, the free encyclopedia
"Islamic law" redirects here. For other uses, see Islamic law (disambiguation) .
Not to be confused with Saria , Shara , Shariyah , or Shahriyar .
Further information: Fiqh , Madhhab , and Ahl al-Hadith
Further information: Topics in Sharia law
Sharia plays no role in the judicial system.
Sharia influences personal status (family) laws.
Sharia influences personal status and criminal laws.
Regional variations in the application of sharia.
This section possibly contains original research . Please improve it by verifying the claims made and adding inline citations . Statements consisting only of original research should be removed. ( March 2019 ) ( Learn how and when to remove this template message )
Further information: Ban on sharia law
This section may be unbalanced towards certain viewpoints . Please improve the article by adding information on neglected viewpoints, or discuss the issue on the talk page . ( April 2019 )
Death penalty on books but not applied
Prison on books but not enforced
^ Twelver Shia jurisprudence does not recognize the use of qiyas, but relies on reason ( ʿaql ) in their place. [8] [9]
^ “...the essential features of old Muhammadan jurisprudence, such as the idea of the `living tradition` of the ancient schools of law [local practices of early Muslim communities]; a body of common doctrine expressing the earliest effort to systematize; legal maxims which often reflect a slightly later stage, and an important nucleus of legal traditions... it is safe to say that [this] Muhammadan legal science started in the later part of the Umaiyad period, taking the legal practice of the time as its raw material and endorsing, modifying, or rejecting it” [42]
^ Islamic "law did not derive directly from the Koran but developed... out of popular and administrative practices under the Umayyads, and this practice often diverged from the intentions and even the explicit wording of the Koran... Norms derived from the Koran were introduced into Muhammadan law almost invariably at a secondary stage" [43]
^ “In the time of Shafi’i, traditions from the Prophet were already recognized as one of the material bases of Muhammadan law. Their position in the ancient schools of law was, as we have seen, much less certain.” [44] Another example is that an early major works of fiqh— Muwatta Imam Malik (edited by Shaibani)—contains 429 ahadith by Muhammad but 750 by the Companions , Successors and others, [45] in contrast to later works by al-Bukhari, Muslim, etc. that contain only ahadith by Muhammad.
^ ”...a great many traditions in the classical and other collections were put into circulation only after Shafi'i's time; the first considerable body of legal traditions from the Prophet originated towards the middle of the second century..." [47]
^ "What theology is for the Christian, law is for the Muslim." [81] referenced in [82]
^ Khomeini himself did not call this proclamation a fatwa, and in Islamic legal theory only a court can decide whether an accused is guilty. However, after the proclamation was presented as a fatwa in Western press, this characterization was widely accepted by both its critics and its supporters. [175] [179]
^ Jump up to: a b Bassiouni, M. Cherif (2014) [2013]. "The Sharīa , Islamic Law ( Fiqh ), and Legal Methods ( Ilm Uṣūl al-Fiqh )" . In Bassiouni, M. Cherif (ed.). The Shari'a and Islamic Criminal Justice in Time of War and Peace . Cambridge : Cambridge University Press . pp. 18–87. doi : 10.1017/CBO9781139629249.003 . ISBN 9781139629249 . LCCN 2013019592 . Archived from the original on 17 October 2021 . Retrieved 17 October 2021 .
^ Jump up to: a b "British & World English: sharia" . Oxford: Oxford University Press. Archived from the original on 8 December 2015 . Retrieved 4 December 2015 .
^ Jump up to: a b Dahlén 2003 , chpt. 2a.
^ Jump up to: a b c d e 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 29 January 2017 .
^ Jump up to: a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay az ba bb bc bd be bf bg bh bi bj bk bl bm Vikør 2014 .
^ Jump up to: a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad Calder 2009 .
^ Amanat 2009 : "Muslim fundamentalists [...] claim that Shari’a and its sources [...] constitute a divine law that regulates all aspects of Muslim life, as well as Muslim societies and Muslim states [...]. Muslim modernists, [...] on the other hand, criticize the old approaches to Shari’a by traditional Muslim jurists as obsolete and instead advocate innovative approaches to Shari’a that accommodate more pluralist and relativist views within a democratic framework."
^ Jump up to: a b c d Dahlén 2003 , chpt. 4c.
^ Jump up to: a b c d e Schneider 2014 .
^ 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 Islamic law at four: the Quran , the Sunnah of the Prophet, qiyas (analogical reasoning), and ijma (consensus)."
^ Jump up to: a b Coulson & El Shamsy 2019 .
^ Jump up to: a b Hallaq 2010 , p. 145.
^ Jump up to: a b Stewart 2013 , p. 500.
^ Jump up to: a b c Otto 2008 , p. 19.
^ Jump up to: a b c d e f g h i j k l m n o Mayer 2009 .
^ Jump up to: a b Rabb 2009d .
^ 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 [...] human rights' groups have complained that these religious laws are archaic and unjust, and create an atmosphere of intimidation against Christians – even though they are not subject to the Sharia.".
^ Harnischfeger, Johannes (2008). • p. 16. "When the Governor of Kaduna announced the introduction of Sharia, although non-Muslims form almost half of the population, violence erupted, leaving more than 1,000 people dead." • p. 189. "When a violent confrontation loomed in February 200, because the strong Christian minority in Kaduna was unwilling to accept the proposed Sharia law, the sultan and his delegation of 18 emirs went to see the governor and insisted on the passage of the bill."
^ Jump up to: a b c d e Thomas, Jeffrey L. (2015). Scapegoating Islam: Intolerance, Security, and the American Muslim . ABC-CLIO. pp. 83–86. ISBN 978-1440831003 . Archived from the original on 13 December 2016 . Retrieved 13 January 2017 .
^ An-Na'im, Abdullahi A (1996). "Islamic Foundations of Religious Human Rights" . In Witte, John; van der Vyver, Johan D. (eds.). Religious Human Rights in Global Perspective: Religious Perspectives . pp. 337–59. ISBN 978-9041101792 .
^ Hajjar, Lisa (2004). "Religion, State Power, and Domestic Violence in Muslim Societies: A Framework for Comparative Analysis". Law & Social Inquiry . 29 (1): 1–38. doi : 10.1111/j.1747-4469.2004.tb00329.x . JSTOR 4092696 . S2CID 145681085 .
^ Al-Suwaidi, J. (1995). Arab and western conceptions of democracy; in Democracy, war, and peace in the Middle East (Editors: David Garnham, Mark A. Tessler), Indiana University Press, see Chapters 5 and 6; ISBN 978-0253209399 [ page needed ]
^ So etwa in: Case Of Refah Partİsİ (The Welfare Party) And Others V. Turkey (Applications nos. 41340/98, 41342/98, 41343/98 and 41344/98), Judgment, Strasbourg, 13 February 2003, No. 123 (siehe S. 39): „The Court concurs in the Chamber’s view that sharia is incompatible with the fundamental principles of democracy, as set forth in the Convention“; vgl. Alastair Mowbray: „Cases, Materials, and Commentary on the European Convention on Human Rights“, OUP Oxford, 29. März 2012, S. 744, Google-Books-Archivierung ; siehe auch „The European Court of Human Rights in the case of Refah Partisi (the Welfare Party) and Others v. Turkey“ , 13. Feb. 2003, Ziffer 123 u. weitere Ziffern im gleichen Dokument
^ Siehe auch sueddeutsche.de, 14. Sept. 2017: Gegen Scheidungen nach Scharia-Recht
^ "Clash between Sharia law and human rights in light of PACE Resolution 2253" . 15 October 2019.
^ "Insan Haklarini Anlamak" (PDF) . Retrieved 3 August 2022 .
^ Jump up to: a b c d e f g Calder & Hooker 2007 , p. 321.
^ Otto 2008 , pp. 9–10.
^ Calder & Hooker 2007 , p. 323.
^ Jump up to: a b c d e Calder & Hooker 2007 , p. 326.
^ Abdal-Haqq, Irshad (2006). Understanding Islamic Law – From Classical to Contemporary (edited by Aminah Beverly McCloud). Chapter 1 Islamic Law – An Overview of its Origin and Elements . AltaMira Press . p. 4.
^ Hashim Kamali, Mohammad (2008). Shari'ah Law: An Introduction . Oneworld Publications . pp. 2, 14. ISBN 978-1851685653 .
^ Jump up to: a b Weiss, Bernard G. (1998). The Spirit of Islamic Law . Athens, Georgia: University of Georgia Press . p. 17. ISBN 978-0820319773 .
^ Ullmann, M. (2002), Wörterbuch der griechisch-arabischen Übersetzungen des neunten Jahrhunderts, Wiesbaden, p. 437. Rom. 7: 22: ‘συνήδομαι γὰρ τῷ νόμῳ τοῦ θεοῦ’ is translated as ‘أني أفرح بشريعة الله’
^ Calder & Hooker 2007 , p. 322.
^ "Corps de Droit Ottoman". Law Quarterly Review . Stevens and Sons. 21 : 443 – 44 . October 1905. , Number LXXXIV "The religious law of the Sheri , of which the ultimate source is the Koran,[...]" – A review of Corps de Droit Ottoman
^ Strauss, Johann (2010). "A Constitution for a Multilingual Empire: Translations of the Kanun-ı Esasi and Other Official Texts into Minority Languages" . In Herzog, Christoph; Malek Sharif (eds.). The First Ottoman Experiment in Democracy . Würzburg . pp. 21–51. Archived from the original on 11 October 2019 . Retrieved 15 September 2019 . ( info page on book Archived 20 September 2019 at the Wayback Machine at Martin Luther University ) // Cited: p. 39 (PDF p. 41/338) // "“Chéri” may sound ambiguous in French but the term, used in our context for Islamic law (Turkish: şer’(i), is widely used in the legal literature at that time."
^ "Conflict and Conflict Resolution in the pre-Islamic Arab Society | SADIK KIRAZLI | download" . Zh.booksc.eu. 3 March 2016. Archived from the original on 29 January 2022 . Retrieved 15 February 2022 .
^ Forte, David F. (1978). "Islamic Law; the impact of Joseph Schacht" (PDF) . Loyola Los Angeles International and Comparative Law Review . 1 : 8. Archived (PDF) from the original on 20 April 2018 . Retrieved 19 April 2018 .
^ Jump up to: a b c Jokisch 2015 .
^ Brown, Daniel W. (1996). Rethinking tradition in modern Islamic thought . Cambridge University Press. pp. 18–24. ISBN 978-0521570770 . Archived from the original on 21 March 2019 . Retrieved 10 May 2018 .
^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence . Oxford University Press. p. 190.
^ Schacht, Origins, p. 224
^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence . Oxford University Press. p. 40.
^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence . Oxford University Press. p. 22.
^ Jokisch, Benjamin (2018). "Origins of and influences on Islamic Law" . In Anver M. Emon; Rumee Ahmed (eds.). The Oxford Handbook of Islamic Law . Oxford University Press. p. 393. ISBN 9780191668265 . Archived from the original on 27 December 2020 . Retrieved 11 November 2019 .
^ Schacht, Joseph (1959) [1950]. The Origins of Muhammadan Jurisprudence . Oxford University Press. p. 4.
^ Lester, Toby (1 January 1999). "What Is the Koran?" . The Atlantic . Archived from the original on 25 August 2012.
^ 050C4381A72D79D2B8F3F|başlık=Abraha and Muhammad: Some Observations Apropos of Chronology and Literary topoi in the Early Arabic Historical Tradition|erişimtarihi=29 Ocak 2020|yazarlar=Conrad|tarih=June 1987|sayı=2|sayfa=239|çalışma=Bulletin of the School of Oriental and African Studies|cilt=50|doi=10.1017/S0041977X00049016}}
^ Jump up to: a b c d e f g h Ziadeh 2009 .
^ Jump up to: a b c d e f g h i j k l m n Rabb 2009b .
^ Jump up to: a b Lapidus 2014 , p. 125.
^ Jump up to: a b c Hallaq 2009 , pp. 31–35.
^ Lapidus 2014 , p. 130.
^ Jump up to: a b Hallaq 2009 , p. 15.
^ Kamali 1999 , pp. 121–22.
^ Rashīd Riḍā, Muhammad (1996). The Muhammadan Revelation . Alexandria, VA: Al-Saadawi Publications. p. 127. ISBN 1-881963-55-1 .
^ Jump up to: a b c d e f g h Hallaq 2009 , pp. 16–18.
^ Dahlén 2003 , chpt. 4b.
^ Jump up to: a b c d e Hallaq 2009 , pp. 21–22.
^ Kamali 1999 , p. 146.
^ Hallaq 2009 , pp. 23–24.
^ Irshad Abdel Haqq (2006). Ramadan, Hisham M. (ed.). Understanding Islamic Law: From Classical to Contemporary . Rowman Altamira. ISBN 9780759109919 . Archived from the original on 20 September 2021 . Retrieved 17 August 2016 .
^ B. Hallaq, Wael (2005). THE ORIGINS AND EVOLUTION OF ISLAMIC LAW . Cambridge, UK: Cambridge University Press . pp. 124, 127. ISBN 978-0-521-80332-8 .
^ Lucas, Scott C. (2006). "The Legal Principles of Muhammad B. Ismāʿīl Al-Bukhārī and Their Relationship to Classical Salafi Islam". Islamic Law and Society . 13 (3): 292. doi : 10.1163/156851906778946341 .
^ Mansoor Moaddel, Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse , pg. 32. Chicago : University of Chicago Press , 2005.
^ Dahlén 2003 , chpt. 4d.
^ Jump up to: a b Rabb 2009c .
^ Jump up to: a b c d e f Duderija 2014 , pp. 2–6.
^ Jump up to: a b Brown 2009 .
^ Jump up to: a b Gleave 2012 .
^ Opwis 2007 , p. 65.
^ Opwis 2007 , pp. 66–68.
^ Opwis 2007 , pp. 68–69.
^ Jump up to: a b Hallaq 2009 , p. 20.
^ "TUNCAY, Ertuğrul Gazi, ‚İslam Hukukunda Sınırı Belirlenmemiş Cezalar‛, İslam Bilimleri Araştırmaları Dergisi, Samsun 2017, Sayı: 3, ss. 82-99" (PDF) . Retrieved 3 August 2022 .
^ Jump up to: a b c d e Hallaq 2009 , pp. 28–30.
^ Jump up to: a b c d Ziadeh 2009c .
^ Jump up to: a b c Hallaq 2009 , pp. 10–11.
^ Lewis, Bernard (1995). The Middle East, a brief history of the last 2000 years . NY: Simon and Schuster. p. 223. ISBN 978-0684832807 .
^ Smith, W. (1957). Islam in Modern History . p. 57.
^ Forte, David F. (1978). "Islamic Law; the impact of Joseph Schacht" (PDF) . Loyola Los Angeles International and Comparative Law Review . 1 : 2. Archived (PDF) from the original on 20 April 2018 . Retrieved 19 April 2018 .
^ Jump up to: a b c d e f g h i j k l Hussin 2014 .
^ Hallaq 2009 , pp. 9–10, 13.
^ Jump up to: a b Hallaq 2009 , pp. 9–10.
^ Stewart 2013 , p. 499.
^ Hallaq 2010 , p. 180.
^ Jump up to: a b c d e f Stewart 2013 , p. 501.
^ Jump up to: a b c d e f g Dallal & Hendrickson 2009 .
^ Jump up to: a b Hallaq 2009 , pp. 45–47.
^ Jump up to: a b Lapidus 2014 , p. 217.
^ Jump up to: a b Hallaq 2009 , pp. 11–12.
^ Hallaq 2010 , p. 158.
^ Jump up to: a b Rabb 2009 .
^ Jump up to: a b c d Tillier 2014 .
^ Hallaq 2009 , pp. 57–60.
^ Hallaq 2009b , pp. 159–62.
^ Jump up to: a b c Hallaq 2010 , pp. 166–67.
^ Berkey 2003 , pp. 225–26.
^ Hodgson 1974 , pp. 176–77.
^ Jump up to: a b c d e Jones-Pauly 2009 .
^ Jump up to: a b c Stewart 2013 , p. 502.
^ Jum
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