Sharia in the context of "Islamic state"

⭐ In the context of Islamic state governance, sharia is primarily understood as…

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⭐ Core Definition: Sharia

Sharia (/ʃəˈrə/; Arabic: شَرِيعَة, romanizedsharīʿah, lit.'path [to water]', IPA: [ʃaˈriːʕa]), also transliterated as Sharī'ah, Shari'a, or Shariah, is a body of religious law that form the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law, in contrast to fiqh (Islamic jurisprudence), which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; it has been elaborated and developed over the centuries by legal opinions issued by qualified jurists – reflecting the tendencies of different schools – and integrated with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies.

Traditional theory of Islamic jurisprudence recognizes four sources for al-sharia: the Qur'an, sunnah (or authentic ahadith), ijma (lit. consensus) (may be understood as ijma al-ummah (Arabic: إجماع الأمة) – a whole Islamic community consensus, or ijma al-aimmah (Arabic: إجماع الائـمـة) – a consensus by religious authorities), and analogical reasoning. It distinguishes two principal branches of law, rituals (Ibadah) and social dealings (Muamalat); subsections family law, relationships (commercial, political / administrative) and criminal law, in a wide range of topics assigning actions – capable of settling into different categories according to different understandings – to categories (ahkam) mainly as: mandatory, recommended, neutral, abhorred, and prohibited. Beyond legal norms, Sharia also enters many areas that are considered private practises today, such as belief, worshipping, ethics, clothing and lifestyle, and gives to those in command duties to intervene and regulate them.

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In this Dossier

Sharia in the context of Jury

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.

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Sharia in the context of Sunni Muslims

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.

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Sharia in the context of Islam

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.

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Sharia in the context of Fiqh

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.

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Sharia in the context of Comparative law

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.

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Sharia in the context of Religious law

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.

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Sharia in the context of Sudanese Greeks

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.

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Sharia in the context of Millet (Ottoman Empire)

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.

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