Sharia in the context of Islamists

A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Most trial juries are "petit juries", and consist of up to 15 people. A larger jury known as a grand jury has been used to investigate potential crimes and render indictments against suspects, and consists of between 16 and 23 jurors.

The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. Juries are commonly used in countries whose legal systems derive from the British Empire, such as the United Kingdom, the United States, Canada, Australia, and Ireland. They are not used in most other countries, whose legal systems are based upon European civil law or Islamic sharia law, although their use has been spreading. Instead, typically guilt is determined by a single person, usually a professional judge. Civil law systems that do not use juries may use lay judges instead.

Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.

The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four legal schools: Hanafi, Hanbali, Maliki and Shafi'i.

Islam is an Abrahamic monotheistic religion based on the Quran and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number 2 billion worldwide and are the world's second-largest religious population, after Christianity.

Muslims believe that there is a primordial faith that was revealed many times through earlier prophets and messengers, including Adam, Noah, Abraham, Moses, and Jesus, and they believe that Islam is the universal and complete version of this faith. Muslims consider the Quran to be the verbatim word of God and the unaltered, final revelation. Alongside the Quran, Muslims also believe in previous revelations, such as the Tawrat (the Torah), the Zabur (Psalms), and the Injil (Gospel). They believe that Muhammad is the main and final of God's prophets, through whom the religion was completed. The teachings and normative examples of Muhammad, called the Sunnah, documented in accounts called the hadith, provide a constitutional model for Muslims. Islam is based on the belief in the oneness and uniqueness of God (tawhid), and belief in an afterlife (akhirah) with the Last Judgment—wherein the righteous will be rewarded in paradise (jannah) and the unrighteous will be punished in hell (jahannam). The Five Pillars, considered obligatory acts of worship, are the Islamic oath and creed (shahada), daily prayers (salah), almsgiving (zakat), fasting (sawm) in the month of Ramadan, and a pilgrimage (hajj) to Mecca. Islamic law, sharia, touches on virtually every aspect of life, from banking and finance and welfare to men's and women's roles and the environment. The two main religious festivals are Eid al-Fitr and Eid al-Adha. The three holiest sites in Islam are Masjid al-Haram in Mecca, Prophet's Mosque in Medina, and al-Aqsa Mosque in Jerusalem.

Fiqh ([fiːk]; Arabic: فقه [fiqh]) is the term for Islamic jurisprudence. Fiqh is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two (or three) within Shi'a practice. A person trained in fiqh is known as a faqīh (pl.: fuqaha).

Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the mujtahid (an individual who exercises ijtihad) to have a deep understanding in the different discussions of jurisprudence.

Comparative law is the study of differences and similarities between the law and legal systems of different countries. More specifically, it involves the study of the different legal systems (or "families") in existence around the world, including common law, civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism and economic globalization.

Religious law includes ethical and moral codes taught by religious traditions. Examples of religiously derived legal codes include Christian canon law (applicable within a wider theological conception in the church, but in modern times distinct from secular state law), Jewish halakha, Islamic sharia, and Hindu law. In some jurisdictions, religious law may apply only to that religion's adherents; in others, it may be enforced by civil authorities for all residents.

The Sudanese Greeks, or Greeks in Sudan, are ethnic Greeks from modern-day Sudan; they are small in number (estimated at around 150 in 2015), but still a very prominent community in the country. Historically, this diverse group has played a significant role in the political, economic, cultural, and sporting life of Sudan, as they have been one of the few European immigrant communities of considerable size and economic power.

Following cultural exchanges in ancient and medieval times, a few hundred Greeks – mostly military officers and traders – settled in the six decades after the 1820 Egyptian-Turkish conquest of what became modern Sudan. About one hundred of them stayed, either forcedly or deliberately, when the Ottoman occupiers were defeated by the local Mahdist forces in 1885. With the establishment of the Anglo-Egyptian Sudan in 1898, Greek merchants, administrators and artisans de facto became the stalwarts of the British-dominated colonial regime. By the time Sudan gained independence in 1956, their numbers had increased to around 6,000-7,000, but soon afterwards decreased, especially after the nationalisation of many businesses in 1969 and the introduction of Sharia law in 1983.

In the Ottoman Empire, a millet (Turkish: [millet]; Ottoman Turkish: ملت, Arabic: مِلَّة) was an independent court of law pertaining to "personal law" under which a confessional community (a group abiding by the laws of Muslim sharia, Christian canon law, or Jewish halakha) was allowed to rule itself under its own laws.

Despite frequently being referred to as a "system", before the nineteenth century the organization of what are now retrospectively called millets in the Ottoman Empire was not at all systematic. Rather, non-Muslims were simply given a significant degree of autonomy within their own community, without an overarching structure for the millet as a whole. The notion of distinct millets corresponding to different religious communities within the empire would not emerge until the eighteenth century. Subsequently, the millet system was justified through numerous foundation myths linking it back to the time of Sultan Mehmed the Conqueror (r. 1451–81), although it is now understood that no such system existed in the fifteenth century. Heads of millets, or milletbaşı (Ethnarch), usually had absolute secular and ecclesiastical power over their communities, being answerable only to the Sultan.

Dhimmī (Arabic: ذمي ḏimmī, IPA: [ˈðimmiː], collectively أهل الذمة ʾahl aḏ-ḏimmah/dhimmah "the people of the covenant") or muʿāhid (معاهد) is a historical term for non-Muslims living in an Islamic state with legal protection and certain restrictions. The word literally means "protected person", referring to the state's obligation under sharia to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the jizya tax, in contrast to the zakat, or obligatory alms, paid by the Muslim subjects. Dhimmi were exempt from military service and other duties assigned specifically to Muslims if they paid the poll tax (jizya) but were otherwise equal under the laws of property, contract, and obligation. Dhimmis were subject to specific restrictions as well, which were codified in agreements like the Pact of ʿUmar. These included prohibitions on building new places of worship, repairing existing ones in areas where Muslims lived, teaching children the Qurʾān, and preventing relatives from converting to Islam. They were also required to wear distinctive clothing, refrain from carrying weapons, and avoid riding on saddles.

Hadith sciences (Arabic: علم الحديث ʻilm al-ḥadīth "science of hadith") consists of several religious scholarly disciplines used by Muslim scholars in the study and evaluation of the hadith. ("Science" is used in the sense of a field of study, not to be confused with following the principles of observation and experiment, developing falsifiable hypotheses, etc. of modern science.) The hadith are what most Muslims believe to be a record of the words, actions, and silent approvals of the Islamic prophet Muhammad as transmitted through chains of narrators. Hadith science scholars aim to determine which of these records are authentic, and which may be fabricated.

For most Muslims, determining the authenticity of hadith is enormously important in Islam because along with the Quran, the Sunnah of the Islamic prophet—his words, actions, and silent approvals—are considered the explanation of the divine revelation (wahy), and the record of them (i.e. hadith) provides the basis of Islamic law (Sharia). In addition, while the number of verses pertaining to law in the Quran is relatively few, hadith, for many, give direction on everything from details of religious obligations (such as Ghusl or Wudu, ablutions for salat prayer), to the correct forms of salutations, to the importance of benevolence to servants. Thus, the "great bulk" of the rules of Islamic law are derived from hadith, along with the Quran as a primary source.

Brunei, officially Brunei Darussalam, formally known as State of Brunei, is a country in Southeast Asia, situated on the northern coast of the island of Borneo. Apart from its coastline on the South China Sea, it is completely surrounded by the Malaysian state of Sarawak, with its territory bifurcated by the Sarawak district of Limbang. Brunei is the only sovereign state entirely on Borneo; the remainder of the island is divided between its multi-landmass neighbours of Malaysia and Indonesia. As of 2025, the country had a population of 466,330, of whom approximately 64,409 resided in the capital and largest city of Bandar Seri Begawan. Its official language is Malay, and Sunni Islam is the state religion of the country, although other religions are nominally tolerated. The government of Brunei is an absolute monarchy ruled by the Sultan, and it implements a fusion of English common law and jurisprudence inspired by Islam, including sharia.

At the Sultanate of Brunei's peak during the reign of Sultan Bolkiah (1485–1528), the state is claimed to have had control over the most of Borneo, including modern-day Sarawak and Sabah, as well as the Sulu archipelago and the islands off the northwestern tip of Borneo. There are also claims to its historical control over Seludong, in which Southeast Asian scholars believe the name of the location in question is actually in reference to Mount Selurong, in Indonesia, or Serudong River in eastern Sabah. The maritime state of Brunei was visited by the surviving crew of the Magellan Expedition in 1521, and in 1578 it fought against Spain in the Castilian War.

Twelver Shi'ism (Arabic: اِثْنَا عَشَرِيَّة, romanized: Ithnā ʿAshariyya) is the largest branch of Shia Islam, comprising about 85% of all Shia Muslims. The term Twelver refers to its adherents' belief in the twelve successors, referred to as Twelve Imams, and their belief that the last Imam, Muhammad al-Mahdi, lives in occultation (ghayba) and will reappear as "the awaited Mahdi" (al-Mahdi al-muntazar) alongside Isa al-Masih (Jesus Christ), son of Bibi Mariam (The Virgin Mary), in order to restore justice and peace.

Twelver Shi'as believe that the Twelve Imams are divinely appointed as both spiritual and political successors to the Islamic prophet Muhammad, and that they possess special knowledge and authority to guide the Muslim community. According to Twelver theology, the Twelve Imams are exemplary human individuals who rule over the Muslim community (Ummah) with justice, and are able to preserve and interpret the Islamic law (Sharia) and the esoteric meaning of the Qur'an. The words and deeds (sunnah) of Muhammad and the Imams are a guide and model for the Muslim community to follow. As a result, Muhammad and the Imams must be free from error and sin, a doctrine known as Ismah (literally 'protection') or infallibility, and must be chosen by divine decree, or nass, through Muhammad.

Sunnah is the body of traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. For Muslims, the sunnah is what all the Muslims of Muhammad's time supposedly saw, followed, and passed on to the next generations. However, what constitutes the Sunnah, and its interpretation, depends significantly on the specific Islamic sect and school of thought. Sunnis rely on six major canonical hadith collections to document the Sunnah, known as Kutub al-Sittah. For Shias, the sunnah is generally documented in Kutub al-'Arba'a, which give preference to hadiths attributed to the Prophet's family (Ahl al-Bayt) and the Twelve Imams. For Ibadis, the sunnah is documented in the two hadith collections Jami Sahih and Tartib al-Musnad. Sufis hold that Muhammad transmitted his sunnah, including his spiritual values, "through a series of Sufi teachers".

According to classical Islamic theories, the sunnah is embodied in the hadith: verbally transmitted records of the teachings, actions, deeds, and sayings, attributed to Muhammad. Alongside the Qur'an, the Hadith contains the divine revelations (wahy) delivered through Muhammad that make up the primary sources of Islamic law, beliefs, and theology. The sunnah is classified into different types based on Muhammad's specific words (Sunnah Qawliyyah), his actions such as habits and practices (Sunnah Fiiliyyah), and silent approvals (Sunnah Taqririyyah). However, some Muslims, such as Ahl al-Kalam and the Mu'tazilites, have distinguished between the Sunnah and Hadith, accepting the Sunnah as an authoritative practice while being critical of the Hadith's reliability as a source for Islamic law. The Quranist stance on the Sunnah varies from outright rejection to an approach that considers external sources as secondary and dependent on the Qur'an for verification.

Ijma (Arabic: إجماع, romanized: ijmāʿ, lit. 'consensus', IPA: [ʔid͡ʒ.maːʕ]) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard it as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah.Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of Ijma (i.e., lack of consensus on a point of Islamic law) is called ikhtilaf.

Maslaha or maslahah or maslahat (Arabic: مصلحة, lit. 'benefit, public interest') or maslaha mursala (Arabic: مصالح مرسلة, lit. '"sent", "transmitted", "unbonded", "open" or "unconditional" public interest'), comes from the term "Salihat" (good deeds, also linked to Islah and Istislah), is a concept in Sharia (Islamic divine law) regarded as a basis of law. It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public interest of the Muslim community (ummah). In principle, maslaha is invoked particularly for issues that are not regulated by the Qur'an, the sunnah (the teachings and practices of the Islamic prophet Muhammad), or qiyas (analogy). The concept is acknowledged and employed to varying degrees depending on the jurists and schools of Islamic jurisprudence (madhhab). The application of the concept has become more important in modern times because of its increasing relevance to contemporary legal issues. The opposite term of maslaha is mafsada (مفسدة, harm). Islamic politics is itself predicated on maslaha, and is such changeable, as it must respond to the exigencies of time. The term is different from bidah.

Istiḥsān (Arabic: ‏اِسْتِحْسَان‎ [is.tiːħ.saːn]) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying scholarly interpretation or ijtihad.

A number of disputes existed amongst the classical jurists over this principle with the Hanafi school of jurisprudence and its jurists (fuqahah) adopting this as a secondary source. It is not the same thing as istislah, which plays a prominent part in other schools, including Maliki school, or istihlal, which is a derisive term for deeming something forbidden as permissible.

Principles of Islamic jurisprudence (Arabic: أصول الفقه, romanized: ʾUṣūl al-Fiqh) are traditional methodological principles used in Islamic jurisprudence (fiqh) for deriving the rulings of Islamic law (sharia).

Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus (ijmaʿ) and analogical reasoning (qiyas). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools (madhahib). This interpretive apparatus is brought together under the rubric of ijtihad, which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question. The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason (ʿaql) as a source of law in place of qiyās and extension of the notions of hadith and sunnah to include traditions of the imams.