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Comparative law, characteristics of the islamic system Essay


Comparative jurisprudence, features of the Islamic Law

The Islamic jurisprudence is an independent spiritual system of jurisprudence which is based chiefly on the Koran. Here, one can see one of the most of import points related with this jurisprudence: there is a difference between the ISLAMIC Law and the POSITIVE RIGHT of a state in which most of the population follows this faith. In fact, a dual legal power exists in states under Islamic jurisprudence.

“Sharia” is an Arabic word which means “way” or “path” and is a term depicting the manner that every Muslim individual must follow. This term is in fact what they call the Islamic jurisprudence. This word could be applied to every spiritual system. In modern times, Islamic law has been related with the Muslim universe, but it besides applies to Judaism and the Torah, or Catholicism and the Ten Commandments. Sharia is therefore the legal model in which life is regulated. Muslim provinces are theocratic, so this text is jurisprudence itself.

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Presents, Islamic Law is one of the three most of import legal systems, the other two being the Gallic group ( Roman or civil jurisprudence ) and the common jurisprudence group.

Within the last 50 or 60 old ages, provinces were founded within the Arabic universe, particularly after the Second World War when most of the boundary lines were set by foreign states.

In most of these provinces a legal power job exists between the Islamic jurisprudence ( connected with the faith ) and the ability of the province to do its ain positive jurisprudence. Due to this duality, over the old ages assorted provinces have approached this job in different ways, to the extreme: from the Taliban in Afghanistan to Turkey, which is endeavoring to achieve a western legal system. In the center, one can happen as many replies to this duality as Muslim states exist.

One of import and alone rule of this legal system is that the province can make new Torahs merely in the Fieldss which Allah had non revealed. Therefore, the jurisprudence is tied straight to the Muslim religion and merely Muslims can be charged within this legal model. Due to this rule, a job emerges for the authoritiess which have non-Muslims populating in their legal power because the spiritual jurisprudence could non be applied to them. It is because of this issue that in many states both public and private jurisprudence were set together in a new manner so that it could be applied to the full population, even to non Muslims.

Beginnings: The Islam ‘s history

Harmonizing to Muslims, Sharia is founded on the instructions of Allah and expressions of Muhhamad as founded in the Quran and Sunnah. However it is necessary to cognize how the Arabic universe was before the IV century when Muhhamad makes his visual aspect around the twelvemonth 570 or 580 BC.

This old universe did non cognize a cardinal political organisation but folks which were composed by relations. Each folk had a tribal leader and everybody reported straight to him. Most of these folks had a mobile life style but others settled down and gave origin to different metropoliss. Although they did non hold a community sense, every folk could acknowledge a common historical beginning, a civilization in which they based their beliefs or faith ; they were polytheists. Because of this beginning, leaders agreed in lodging some objects which represented their worship and worship in the same topographic point. They built a cubelike black house in the of import metropolis of Mecca: The Kaaba which would go the most sacred topographic point of the Islam. Every folk made a pilgrim’s journey each twelvemonth to this topographic point to adore the Kaaba, which is now a ritual taken literally for Muslims.

Around the twelvemonth 570 or 580 BC the household in charge of watching over the Kaaba had a child who would be known as Muhammad. This adult male at the age of 12 took portion in a typical train among folks, metropoliss, etc, which allowed him to hold contact with Arabs, Jews, Catholics and so on. Back in his place metropolis Muhammad, around the age of 40, claimed that Allah had revealed to him the last and unequivocal Torahs for the people. It would n’t be either a interruption nor a rejection of the Old and the New Testament but the last 1. This new faith was called ISLAM which means “to be a believer” and so far means Muslim.

It took clip to acquire the message across to people. Many people, particularly the rich of Mecca, did non believe in it, so they pushed off Muhammad and his followings from Mecca. This prosecution of Muhammad came to be known as Hegira and this minute would be taken by Islam as the twelvemonth 0 subsequently on.

Because of this rejection, Muhammad and his followings travelled through the desert boulder clay eventually they were accepted in a metropolis which would be called Medina ( Today Saudi Arabia ) , which means City of the Prophet. After Muhammad was accepted in Medina, he and his followings began to change over the people of Medina to follow his faith, altering the society by implementing a more centralised procedure.

Equally long as Muhammad gave his message orally, there was no codification or jurisprudence which contained it. Due to this, the closest and wisest people started to compose down what the Prophet had said, and this is what is known as the QURAN.

Another job which appeared at this clip was the issue of sequence because he had recognized no leader. This job led to the division of the Islamic universe into different schools of idea, which is a division that exists to this twenty-four hours. The most of import schools were:

– Shi’ites

– Sunnite: this is the most conservative and closest to Muhammad ‘s behave.

Shi’ites and Sunnis

These schools of idea are the most of import 1s within the Islamic universe. The figure of followings of each one and the distribution among the states is difficult to specify. The background of this division is given by Muhammad ‘s decease in 632. Since there were no instructions left for his sequence, these schools took choose different ways to follow, which are still held today. Over the old ages the relation between them has been marked by cooperation and struggle.

“Sunnis” is a universe which comes from Sunnah or Prophet ‘s behavior, which is the 2nd beginning of Islamic jurisprudence. Therefore, this is why they are more conservative. This school of jurisprudence held that Muhammad ‘s replacement should be elected by the community as the Quran says and so far, the leaders of the community proposed Abu Bakr as the replacement and with the support of other groups, this calif took the leading of the Islamic community.

On the other side, Shiites kept claiming their campaigner who was Ali, Muhammad ‘s cousin. , was the appropriate replacement. They held that the Prophet had chosen Ali as his replacement when he was still alive. Ali was a leader in conflict and frequently entrusted with bid. Muhammad left him in charge of Medina when go forthing to change over Mecca.


Beginnings of Islamic Law

Masters and revealed


The Islamic jurisprudence is based wholly on the Quran, and so is Moslem society. The Quran is the holy book of Islam and it contains every disclosure which Allah has given to Muhammad, the last prophesier. For Muslims, it has all the wisdom of the existence, non merely in the legal facet but in every facet of the life. Muslims must hold a entire entry to it.

The Quran is non a codification itself because its legal demands are non plenty to be considered a existent codification. Additionally, some of the cardinal establishments of Islam do non look in it. It regulates people ‘s lives and their relationships between themselves and with God. Furthermore, a justice of one of these states is non obligated to construe it but he must mention to the physicians who have studied and interpreted it before. In add-on, the justice may non construe the Quran but the actions of the individual.

In its legal parts, which is less than 10 per centum of it, the Quran is non truly a tidy and systematic codification but about impossible to understand if one does non hold adequate cognition. It does hold some temperaments about condemnable jurisprudence, civil jurisprudence, etc. It contains besides the penalty for liquidators, treasonists, Islam ‘s enemies and fornicators.


Because the Quran was revealed in a comparatively short period, the little population which was following it had to cover with new state of affairss as this faith grew. In controversial instances, it was necessary to hold a expression in complementary beginnings. The Sunnah is one of these beginnings. It is the prophesier ‘s tradition, his words, actions and silence. It is portion of the Sharia as the 2nd beginning behind the Quran. In this manner, when confronting a legal state of affairs without reply in the Quran, Judgess must construe prophesier ‘s actions, expressions, silent consent and recognition of activities and statements. The justification can be found in the Koran when it commands every Moslem to follow Muhammad as an illustration.

This beginning was the cause of the division between Muslims due to the fact that Shiites followed the reading made by Ali who was called Muhammad ‘s replacement, and Sunnis did non take this reading and accepted others every bit good.

Rationales and derived functions

Idjma or Consensus

This is the 3rd beginning of the Islamic jurisprudence and it is the consensus of the community. The idjma is legitimatized by many poetries in the Koran:

– “My followings will ne’er hold upon an mistake or what is wrong”

– “God ‘s manus with the full community” which means that what community thinks it is good, so it is for Allah.

Neither the Quran nor the Sunnah could work out every job or state of affairs in life, and so for work outing this inadequacy the Idjma developed this beginning.

Obviously it is non expected that the whole society hold on all issues and that is why it is understood that this beginning references to the consensus of the physicians or wisest people within the community. Therefore, one can appreciate this difference of Islam in comparing to other legal systems- the construct of this legal usage which is a consensus of the people within the Islamic jurisprudence. For idjma to work, most of the population needs to hold the same usage to do it jurisprudence, every bit long as there is no jurisprudence which prohibits this fact. In the Islamic jurisprudence, the consensus is merely among the wisest people who give or have given their point of position confronting some fortunes.

One of import point of this beginning is that Judgess must confer with the Idjma because it is the last and infallible reading of the original and revealed beginnings.


This is the last beginning within the Islamic jurisprudence and it is the attempt of the Cadi or justice for work outing a job when the reply for it can non be found within the old beginnings. In these instances the justice will see different facets of the issue and will do a concluding determination that can non be against the old beginnings but that can be founded in different external beginnings, as for illustration another legal system.

The Itjihad is one more point of statement among the different Islamic schools due to the usage of external beginnings. The more conservative Muslims support the thought that every reply must be within Islamic beginnings, therefore they do non believe in the authorization of the Itjihad.

Having the last point in head, it must be said that Sunnis accept one more beginning and it is the concluding through analogy or QUIYAS. They base their credence of this beginning in that every legal injunction guarantees a good aim. Eg: Quran prohibits vino because its elating power, so sunnis believe that every alcohol can be prohibited.

Features of Islamic Law

Mover Al comienzo?

The fact that the Islamic jurisprudence has been consolidated during the Middle Ages explains some characteristics of the system, such as the antediluvian facet of some establishments, its mystique and the absence of systematising. It has been developing itself instance by instance. On the other manus, it is uneven in comparing with other legal systems. First of wholly, its base is a sanctum revealed book and because of this it must be considered wholly independent of the other legal systems due to the fact that they do non portion the same beginning.

One really of import feature is that Islamic jurisprudence was born as a spiritual jurisprudence which did non separate between faith and authorities. For it both are the same and the governments are nil but its retainers. Therefore there is no authorization that could modify it in those facets. In the modern universe governments normally appeal to administrative ordinances to make Torahs which regulate those facets that the Quran does non wholly prohibit or bid but advice or condemn.

Islamic jurisprudence says how a Muslim must act and who does non obey it is a evildoer. To clear up this point, it should be said that Islam has 5 sorts of actions and merely two of them are commanded or prohibited. The others are in the center and are disapprobation, advisable, or praiseworthy. In this manner, the individual who realizes an action which is a bid will be rewarded by God, and the individual that does the prohibited action will be punished by the cadi ( justice ) . Those people, who realize one of the other sorts of actions could be either penalize or condemned, rewarded.

Another controversial point is truly close with the last one and it is about the extension of this jurisprudence. In theory Islamic jurisprudence can non be applied to non-Muslims but before stating that one should analyze all the fortunes of the environment. At a first position, it can be said that it does non use to those people who are non member of this faith and hence do non follow or make non even cognize its regulations. On the other manus, there are some fortunes under which Islamic jurisprudence governs over non-Muslims and the base of this is known as the Public Order.

Public order aa public order offense is that behavior against the norms, societal values and imposts. These offenses do non hold a individual victim but instead the whole society as a group. Every individual could experience themselves affected by this attitude and so the State and justness system penalize them. Governments must care for society ‘s public assistance and unity, and that is why they could non let people to travel on with this sort of Acts of the Apostless, because it could damage the cardinal right of every individual.

Conflicts of Torahs

Because of the old point, it is clear that struggles of Torahs appear invariably due to the fact that people are invariably traveling from state to state, and interacting with each other. In this context it is truly necessary to hold a clear apprehension of how this job can be solved, but there is non a existent reply. Each state deals with this issue otherwise. The application of the Islamic jurisprudence may make tenseness, particularly when regarded as household jurisprudence, but it is still possible. It is necessary to clear up that in this point merely private jurisprudence is considered every bit long as the public jurisprudence or province disposal can non be changed because of one individual and province ‘s organisation is ever a public affair.

It should be said that the German manner of nearing this issue is truly different to the other legal systems like the Anglo-American or the Roman 1. The anglo-american system looks at the most important relationship between the instance and the jurisprudence. Most of the states approach this job with the purpose of maintaining the public assistance of the people and every bit long as they do non upset the public order the foreign jurisprudence could be applied. From this we could state that in most of the states it is examined instance by instance. In the German jurisprudence, one could happen something truly new and original: the process is clearly detailed from the beginning.

In Germany, in instances refering the countries of household jurisprudence and the sequence, the application of legal norms is frequently determined on the footing of nationality instead than legal residence. But in this instances in which the application is incompatible with the chief rules of German jurisprudence including the constitutional civil rights, German jurisprudence is so applied alternatively of the foreign one.

Cases… … ..

Comparing Islamic jurisprudence

With the Judaic jurisprudence

They are both similar, happening their chief look in the jurisprudence, developing themselves from the argument of their sanctum books and their readings. The chief difference is the political map of the Quran. While it defines the political organisation every bit good, the Torah does non hold any political map in Israel with the exclusion of the orthodoxies.

With the canonical jurisprudence

Both are the jurisprudence of a community of trusters but at the same clip they are rather different.

Islamic jurisprudence takes portion of the faith in every item, it is revealed and that is why cipher could modify it. Who does non obey its regulations, is a evildoer and who discusses the solutions is a heretic.

Catholicity had been propagated within a society with a high degree of civilisation and in which Law had a great prestigiousness. Due to this, canonical jurisprudence had non replaced the Romanic but affect merely people ‘s moralss and moral. In add-on, it is non a revealed jurisprudence.

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Islamic Law ‘s rules

Islamic jurisprudence is the jurisprudence of Allah and every individual is taken every bit equal to others. Cipher is better or superior than the other with the exclusion of the Prophet and the calif as his replacement and as an indirect agent of God.

Equally long as Islam is the last faith, it recognizes the being of the old 1s and because of this, it allows other people to follow and believe in them. That is the ground why during the Jihad or holy war, many populations could maintain their faith. It had non been imposed to the conquered people. In this way, it is truly of import to cognize that Islam is non applied because of district as the modern legal systems, or because of favoritism among people like the Romans. It is basically spiritual ; hence Islamic jurisprudence applies merely to Muslims.

Muslim jurisprudence does non separate between affairs of church and affairs of province. It does non hold truly public statute law sing the disposal and therefore it is a field in which provinces can make new jurisprudence.

Adaptation of the Islamic Law to the modern universe

Islamic jurisprudence is changeless due to its revealed character but at the same clip it offers different resources to confront new state of affairss. It is in fact a truly flexible jurisprudence. It is obvious that its antediluvian character makes an update of this jurisprudence highly needed so it can be prepared for the modern-day universe. In respect to this, Islamic jurisprudence has different processs that make it possible to avoid any type of struggle with the traditional rules, and in this manner it keeps the community sense for the followings at the same clip that society progresss.

– Custom

– Private conventions

– Administrative ordinances

– Ploy or legal fictions

– Rulers intervention


Islam is the 2nd faith all over the universe with more than a billion of followings and because of its extension it is non possible for it to hold merely one sort of usage. These vary from topographic point to topographic point but every bit long as Islam wanted to maintain uniformity among its people, usage was non sing as a portion of the Sharia. However Sharia does non reprobate people for holding different imposts as it respects Islamic jurisprudence.

Many of the Islamic jurisprudence experts explain this with an infusion of the Quran: “what followings have considered as good is good for Allah” .

Private conventions

Muslim jurisprudence does non hold so many bids and leaves a broad border for adult male ‘s freedom. In this manner it is possible that he who wishes to update his life can do a private convention or contract every bit long as he keeps his trueness to Islam.

“It is non an discourtesy to do conventions besides what is prohibited by law” . This is a rule which allows people to present alterations in these topics in which Islamic jurisprudence advices but non bids. So far before matrimony, the partners could put the renunciation right which will let the hubby to disassociate himself from his married woman, or frailty poetry.

Ploies or legal fictions

The Sharia demands the regard for the jurisprudence in itself and non for its spirit or existent significance. The Cadi ( spiritual justice ) does non worry about the witting neither the concealed purposes of the actor but the external facet. In this manner, one could avoid different regulations merely doing up the needed outside visual aspect but with a different purpose. Eg:

– Islamic jurisprudence prohibits the involvement in loans but one could avoid this doing a dual merchandising or giving to the marketer as a warrant an plus which produces benefits.

– The involvement prohibition merely applies to existent people but non for Bankss.

Rulers intercession

Peoples in the authorities are nil but retainers of the faith and jurisprudence. They could non do new Torahs but they have the authorization to do new ordinances based in the fact that they must care about the justness and public assistance.

World is different from this and governments make Torahs which are non limited to this facet.

Law in Islamic states and a current application

More than 400 million Moslems are the bulk of the population of 30 states, and large minorities in others. None of these provinces has merely Islamic jurisprudence but besides usage or laicism statute law conveying new things which make some of the Islamic Torahs useless. It happens even if Islamic jurisprudence is proclaimed from the beginning. In this context it is necessary non to confound the spiritual jurisprudence with the positive jurisprudence of a Muslim State.

This occurs in Christian states every bit good, a spiritual society does non acquire confused with the civil society. These societies had ever lived under Torahs and imposts which were based in the faith.

Through the old ages three particular events happened which affected the Islamic jurisprudence application:

  1. Administrative ordinance has been developed as it has ne’er been. This non merely affects the facets that Islam does non see but besides others.
  2. Muslim states have taken a batch of establishments and ordinance of Hesperian legal systems.
  3. Double legal power has been eliminated in several Muslim states. Therefore both common and Muslim jurisprudence will be applied by the same justice.

Islamic jurisprudence had ever recognized the ability of the governments to do Torahs with the purpose of maintaining the public assistance of the population but during the last century these governments have been utilizing this ability in a stronger manner developing a complete new jurisprudence. In add-on, many times the usage of this ability has affected regulations that come from the Islamic tradition. Several alterations had been accepted every bit long as they did non intend a alteration in the private jurisprudence ( household, people, etc )

It needs to be said that during the last decennaries, a new resurgence of the Islamic jurisprudence has been taking topographic point in several states where pro-Islam groups are active. However, the Islamic jurisprudence does non take topographic point in any state as it was known originally.

Jihad or Holy war

It is an Islamic term which means “struggle” and it is considered as a responsibility for Muslims. A individual engaged in Jihad is called Mujahid. The term “Jihad” appears frequently within the Quran and the common use idiomatic look means “striving in the manner of Allah” . During the last few old ages, it has been said by about every individual in the universe but the term is rarely used right.

As the Quran itself, the term is non clearly defined in this revealed book and that is why different significances has been given to it. In this manner the modern Arab gives it the significance of fighting and so Jihad could be used in several ways.

The most of import argument presents is if Jihad means holy war against an enemy of it is merely the battle that one could make to populate in peace and stick to Islam. In this sense the two biggest Muslim schools have different sentiments. For the Sunnis, which are more conservativists, it means contending against the enemy which is everyone who does non lodge to the Quran. For the Shiites it means something more peaceable and this would be to maintain to Islam and stand for it every bit good as possible, and evidently seeking to demo others which is the manner to follow.


Islam, Culture and Women

First of all we have to extinguish all of the biass about Islam if we want to understand this faith and its civilization. It is thought that Islam goes against the adult females and their volitions by doing them marry aliens, have oning burka, coercing them into polygamous matrimonies, mangling the genitalias, prohibiting them to drive autos and mortifying them by instant divorces… In fact, none of these patterns are Islamic at all.

If we want to understand Islam, we must foremost divide the faith from the cultural norms and manner of a society.

In fact in certain countries of Africa and Egypt female venereal mutilation is still practised, nevertheless this is viewed as an impossible horror by the huge bulk of Muslims.

Forced matrimonies may still take topographic point in some parts of India, Pakistan and Bangladesh, but Islam matrimonies are based on the free consent of the bride and the groom, so such matrimonies could even be illegal under spiritual jurisprudence.

These are 6 points about Women within the Islamic jurisprudence that we would wish to use to:

1 ) Equality

Islam considers adult females and work forces as moral equal. It besides encourages the households to be matriarchal although it is clearly patriarchal since most of the times work forces are in charge of the house.

The Koran says that adult male and adult female “ were created of a individual soul” . Womans have the right to inherit belongings, to vote, to disassociate, to hold entree to knowledge and to carry on concern.

The differences emerge most strongly when it comes to pregnancy, child-bearing, menses and besides vesture.

The Muslim adult female ‘s active engagement in community personal businesss was established from the earliest yearss.

2 ) Dress codification

The adult female ‘s usage of head covering is a more hard issue. The Koran orders them to act and dress modestly, but this besides applies to work forces. Merely one poetry refers to the gauze by stating that the Prophet ‘s married womans should be behind a hijab whenever his male invitees converse with them.

A adult female must cover her whole organic structure because this minimizes sexual temptation. But this is the same for both work forces and adult females. Obeying the frock codification is a signifier of obeisance to God.

The Islamic frock codification of covering the caput of adult females does n’t connote the lower status of adult females towards work forces. The Koran explicitly says that the ground for her dressing this manner is that she will be respected in this manner. The message that the adult female gives when she wears Islamic frock is as follows: “Respect me for who I am. I am non a sex object.”

3 ) Female Circumcision

It ‘s merely a cultural pattern and does n’t hold any textual grounds on the Koran. It is merely a regional usage in the topographic points where it is practiced. It ‘s nonsensical as many medical professionals consider it to hold damaging effects for the misss who have their buttons removed by the operation.

This usage is non allowed to go on as within Islamic Law, saving of the individual is a legal necessity. Anything that compromises this legal necessity by conveying injury to the individual is improper.

4 ) Beating adult females

When is it allowed for a adult male to penalize his married woman physically?

There are of import exclusions: he may make so merely if her ill-will is bust uping the matrimony – but so merely after he has exhausted all efforts at verbal communicating and tried kiping in a separate bed.

-The Noble Qu’ran says ( An-Nisaa 4:34 )

Work forces are the defenders and upholders of adult females, because Allah has made one of them to stand out the other. Therefore the righteous adult females are piously obedient ( to Allah and to their hubbies ) , and guard in the hubby ‘s absence what Allah orders them to guard ( e.g. their celibacy, their hubby ‘s belongings, etc. ) . As to those adult females on whose portion you see illconduct, warn them, garbage to portion their beds, ( and this is the last thing to make ) crush them ( lightly, if it is utile ) , but if they return to obedience, seek non against them means ( of irritation ) .

This is what the Koran says about this point. Furthermore, we have to note that by the clip the Prophet was alive, he ne’er hit a adult female, a kid or old individual, and those who attempted to make so, they could ne’er see themselves as good Muslims.

The Prophet explicitly stated that you should ne’er hit “ one of God ‘s servants ” .

“ The most perfect Muslim in the affair of religion is one who has excellent behaviors and the best among you are those who behave best toward their married womans. ” ( Tirmithi )

– The Lone Way to Beat.

Beating can merely be done if it does n’t connote physical injury to the individual. It should merely be done in really exceeding instances, for illustration, a crying noncompliance to the adult male.

From the Prophetss we got the cognition that the words “ crush your married womans ” in The Koran refers to strike with something comparatively soft such as a package of thin grass or at worst a flimsy stick. The whipping must non be done with badness. We have to observe that for adult females is wholly “haram” ( out ) to mistreat her hubby or kids.

Islam does non see as an maltreatment to gently strike person in response to flagrant noncompliance to follow instructions. In fact, such soft whippings cause embarrassment and convey lucidity for the earnestness, in order to mend and regenerate the relationship and steer the individual back to Islam. Although a married woman or kid can both be beaten ( ever lightly as mentioned throughout this article ) , married womans must non be treated in the same manner as kids, as the conditions and state of affairss are wholly different.

Work force can besides be beaten, and should be under an Muslim authorities, for certain offenses ( public inebriation ) by other work forces. These whippings are normally stronger as the 1s done at place, as they are in response to offenses in society.

5 ) Muslim matrimonies

When we talk about Muslim marriages we ever relate this to polygamy and the bound of four married womans per adult male. This is because the Prophet lived at that clip when continual wars produced big Numberss of widows, who were left with small or no proviso for themselves and their kids.

Under such fortunes, polygamy was encouraged as an act of charity. Acerate leaf to state, the widows were non needfully sexy immature adult females, but normally female parents of up to six kids, who came as portion of the trade.

For several grounds, polygamy is no longer common. The married womans need to be treated reasonably and every bit and if a hubby wishes to take a 2nd married woman, he should non make so if the matrimony will be to the hurt of the first.

In Islam sexual familiarity outside matrimony is out, and this besides includes sex before matrimony, criminal conversation or homosexual relationships. However, within matrimony, sexual familiarity should be raised from the carnal degree to “sadaqah” ( a signifier of worship ) so that each one considers the felicity and satisfaction of the other, instead than mere dissoluteness.

One of the things that truly impressed us is a declaration of one of our Muslim ‘s friends stating that, whenever Muslim people wanted to hold sex with a cocotte when one or both were already married, he was merely permitted to make so if he signed a contract for one hr of matrimony and so they could hold sexual familiarity together.

When a Muslim adult female gets married, she ca n’t make so against her will as her consent is indispensable. If she did accept, she is non expected to give up her household name for her hubby ‘s name. It is even more of import, on a practical degree, that she was ever considered a separate fiscal entity.

When she marries, her belongings remains her ain and her hubby has no entree to it without her consent. She is n’t even required to portion in with the household ‘s disbursals even if she were a batch richer than the adult male. She was entitled to an expressed portion of heritage from household members. That portion might be less than her male opposite number but that was merely just sing that her money was hers to maintain while his money belongs to his whole household including his married woman and any other adult females in his household who need fiscal support.

6 ) Divorce

As matrimonies in Islam are contracts with conditions whenever one of the parts breaks the conditions, divorce is normally expected, but non allowed. Nevertheless, a Hadith makes it clear that: “ Of all the things God has allowed, divorce is the most disliked. ”

A Muslim has merely one ground for divorce and this happens when a wive ‘s behavior goes against the Sunnah of Islam, in other words, if he or she has become barbarous, revengeful, unfaithful, inattentive, selfish, sexually opprobrious, oppressive, perverted – and so on.

But it must be said that before divorce can be contemplated, all possible attempts should be made to work out a twosome ‘s jobs. In order to make so, there is a three-month period after an purpose to divorce is announced.

If, by the terminal of each month, the twosome have had sexual familiarity, the divorce should non continue. The three-month regulation ensures that a adult female can non remarry until three catamenial rhythms have passed, so if she gets pregnant, the kid will be supported and paternity will non be in difference.

The adult female in Islam is, at first, expected to accept her adult male as the caput of her family. She must, hence, take attention to get married a adult male she can esteem, and whose wants she can transport out with a clear scruples. However, when a adult male expects his married woman to make anything contrary to the will of God, he has the right to decline her.

Her hubby is non her proprietor ; a Muslim adult female has merely one proprietor and that is God. Furthermore, if her hubby does non stand for God ‘s will in the place, the matrimony contract is broken.

However we must take in attention the fact that divorce is the last resort and extremely discouraged and it can be used merely if it attempts for rapprochement by household members and even the justice have failed.

The Nature of Allah ‘s Commands ( The 5 actions )

All the bids of Allah to worlds are within the sphere of human capableness and capacity. There is non a individual bid in the Koran that worlds can non transport out or execute.

In the Islamic Divine jurisprudence the Ahkam and the legal ordinances in respect to all human behavior can be divided into five classs:

1. Wajeb or Fardh ( Required, Obligatory ) :

This class contains duties such as day-to-day supplication, obligatory fasting, etc. , which every Muslim, male or female, who have fulfilled the demands of takleef, or the ability to make them, must follow. The demands that every Muslim should carry through in order to execute these duties are:

1st: being mature by making the age of pubescence ( kids are non obligated in Islam, but they are encouraged ) .

2nd: by holding sound logical thinking ( insane, comatose people, or people in a similar unconscious provinces are non obligated ) .

This type of needed behavior is adhering and it is established by unequivocal cogent evidence in the Koran and Sunnah. The public presentation of Wajeb or Fardh Acts of the Apostless is rewarded. Harmonizing to the Koran and Sunnah, if a Muslim rejects executing these required behaviours they would be punished, both in this universe and in the hereafter.

The Fardh or duties are divided into two sorts:

One is called Fardhu ‘Ayn which means single or personal responsibilities that every Muslim is responsible to make. Each Muslim is responsible for their ain supplications, almsgiving and fasting and are held separately accountable for the public presentation of these responsibilities.

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Second: are those called Fardhu Kifaya, which means corporate responsibilities, such as attending at funeral supplications, or commanding the good and prohibiting evil. If some member of the community did this responsibility in a manner that fulfils the end, so it is no longer obligatory on the remainder of the community to make it, and they are absolved from this responsibility. Those who perform this responsibility are the 1s who will be rewarded. If no 1 achieves this responsibility, so the whole community will be held accountable.

2. Mandoob ( Recommended ) :

This hukm is besides called: mustahabb, masnoon, and nafl. Mandoob is any act that is recommended but non required. While there is no penalty for the disregard of responsibilities which are Mandoob, there is wages for executing them.

The Mandoob or recommended Acts of the Apostless include excess supplications, fasting Monday and Thursday, praying sunat alfajr, charitable Acts of the Apostless, and pious workss of different sorts.

Documenting minutess and debt among people is non obligatory but recommended in order to protect the rights of people and their heritages in instances of denial or forgetfulness.

3. Mubah ( Permitted but Morally Indifferent ) :

This is besides called: ja’ez and halal ( lawful ) . Mubah is any act that is left to the personal determination and to single autonomy. Moslems can do the determination whether or non to execute any act that is considered Mubah. There is neither wages nor penalty for the public presentation or turning away of the Mubah.

There is a regulation in Islamic jurisprudence that all things in their original or natural province are Mubah ( halal or lawful ) unless there is a ordinance of their prohibition because Allah said in the Qur’an:

“He is who created for you all that is on Earth .” ( Qur’an, 2:29 )

Although there is neither wages for making mubah nor penalty for avoiding it, the purpose might turn a mubah act into a rewarding act. For illustration eating with the sincere purpose to beef up your organic structure so you can work more and assist your parents is an act of wages, because of the sincere purpose toward the parents.

4. Makrooh ( Discouraged or Abominable ) :

An action that to avoid making is preferred than making it. One good illustration for this act would be divorce because for the Prophet Muhammad that is “The most detestable of allowable things in the sight of Allah.”

However, for Acts of the Apostless of making makrooh there is no penalty, and for the turning away of these Acts of the Apostless there is wages.

Another illustration: the Prophet Muhammad made it clear that it is makrooh to offer to purchase something for which another individual has made an offer to buy, or seeking to offer an battle to a adult female who was already engaged to another individual.

Makrooh is the antonym of mandoob, intending that the neglecting of a mandoob act is discouraged and leads to a makrooh.

5. Haram ( Forbidden or Prohibited ) :

It is besides called mahdoor. Haram is any act that is prohibited by the faith. These Acts of the Apostless are adhering by unequivocal cogent evidence in the Qur’an and Sunnah. For the public presentation of haram there is penalty and for the turning away of haram there is wages.

Some illustrations of haram are killing, stealing, improper sexual activity or criminal conversation, imbibing intoxicant, and gaming.

The forbidden Acts of the Apostless are clearly mentioned in Islam with the word of prohibition or other words similar in significance in the Arabic linguistic communication. An illustration is this poetry from the Qur’an:

“Those who unjustly eat up the belongings of orphans, eat up a fire into their ain organic structures: they will shortly be digesting a blaze fire! ” ( Qur’an, 4:10 )

By making what is haram or prohibited a individual is subjecting himself to punishment ; in this universe or in the afterlife. Specific penalties are prescribed punishments and are applied harmonizing to Islamic Divine jurisprudence, and can merely be performed by an Islamic tribunal with qualified Judgess.

Harmonizing to the tradition of the Prophets, abstaining from haram is an act that deserves the wagess in the afterlife.

Every Haram in Islam is prohibited, by the Qur’an and Sunnah, in order to procure benefits, the rights of people, to heighten the society, or to forestall injury.

Haram or the prohibited are of two sorts:

The first type is haram lidhatihi, intending that it is harmful itself, and it becomes out for the injury that is per se possessed. Harm will be inflicted on the user of such a thing. An illustration of this is found in the Qur’an, where Allah said:

“ He has merely forbidden you to eat dead meat, and blood, and the flesh of swine ” ( Qur’an, 2:173 )

The same can be said about killing and stealing. Adultery, slaying, and larceny, are all forbidden for the same ground.

The Second sort is haram lighayrihi or an act that is forbidden for a ground other than itself. This sort of haram is non harmful in itself, and might be really utile, but it is associated with something else that deprives it its value and turns it to haram. An illustration would be as follows: supplication is wajeb, but to pray in a house or on land that is taken illicitly and unlawfully from others make the supplication itself unacceptable. A contract of concern or sale that takes topographic point during the clip of the Friday congregational supplication is a haram of this sort, although sale and concern is non out, but during this specific clip it becomes haram lighayrihi.

Here we have a tabular array that summarizes the five sort of actions:

Main differences between Shias and Sunnis.

Westerners perceivers frequently attribute fundamentalism to Shiites. However, Muslims in general do non see Shi’ites to be fundamentalist. They point alternatively to Wahhabis, a group of Sunnis who are cardinal in respects to the strictest reading of scriptural texts and the defense of praying to saints or beloved Sufi leaders. Of great importance is retrieving that it is merely the “One God” to which people may pray. Any other supplications are polytheistic and against the cardinal instruction of Islam.

-Theological differences:

On the one manus, the best known modern illustration of the Shia supreme Imam is the late Ayyatollah Khomeni. This Imam is impregnated with Pope-like infallibility and their spiritual hierarchy is non dissimilar in construction to that of the Catholic Church within Christianity.

On the other manus, Sunni Islam, more closely resembles the infinite independent churches of American Protestantism.

-Sunnis do non hold a formal clergy, merely bookmans and legal experts, who may offer non-binding sentiments.

-Shias believe that their supreme Imam is a to the full religious usher, inheriting some of Muhammad ‘s inspiration ( “ visible radiation ” ) . Their imaums are believed to be inerrable translators of jurisprudence and tradition. Shia divinity is distinguished by its glory of Ali. In Shia Islam there is a strong subject of martyrdom and agony, concentrating on deceases of Ali and, peculiarly, Hussein plus other of import figures in the Shia sequence. Shi`ism attracted other dissenting groups, particularly representatives of older non-Arab ( Mawali ) civilisations ( Iranian, Indian, etc. ) that felt they had non been treated reasonably by the Arab Muslims.

However, there remain important differences between the two signifiers of Islam and these tend to be emphasized. Many Sunni ‘s would postulate that Shias seem to take the basicss of Islam really much for granted, shunting them into the background and brooding on the martyrdoms of Ali and Hussein. This is best illustrated at Ashura when each eventide over a period of 10 yearss the Shias commemorate the Battle of Karbala, with a howling Imam floging the fold up into an aberrance of cryings and chest whipping.

It is alleged that alternatively of missional work to non-Muslims, the Shia seaport a deep-rooted contempt towards Sunni Islam and prefer to give their attending to winning over other Moslems to their group. There is ongoing violent battle between Sunnis and Shias in Pakistan. On the other manus, in recent old ages at that place has been signification co-operation between the two groups in the Lebanon. And some of the most dynamic developments in Islam today are taking topographic point in Shia-dominated Iran.

-Practical Differences

On a practical degree, Shias have a different call to supplication, they perform wudu and salat otherwise including puting the brow onto a piece of hard-boiled clay from Karbala, non straight onto the supplication mat when bow downing. They besides tend to unite supplications, sometimes idolizing three times per twenty-four hours alternatively of five.

The Shias besides have some different ahadith and prefer those narrated by Ali and Fatima to those related by other comrades of the Prophet. Because of her resistance to Ali, those narrated by Aisha count among the least favorite. Shia Islam besides permits muttah – fixed-term impermanent matrimony – which is now banned by the Sunnis. Muttah was originally permitted at the clip of the Prophet and is now being promoted in Iran by an improbable confederation of conservative churchmans and women’s rightists, the latter group seeking to understate the compulsion with female virginity which is prevalent in both signifiers of Islam, indicating out that merely one of the Prophet ‘s 13 married womans was a virgin when he married them.

vitamin E Sunni Accusations against the Shia:

Authoritative Sunni spiritual literature is full with averments sing the dissident nature of the Shia. Some of the more common claims against the Shiites are:

  1. The Shiite belief in Ali agreements him godly position, therefore beliing the primary dogma of Islam, the singularity of Allah.
  2. The Shiite philosophy of the infallibility ( ismah ) of the Imams places them as Nebiims along side or, as critics of the Shia claim, even above the Prophet Mohammad. Furthermore, Shiite beliefs in the ability of the Imams to mediate are seen as a clear contradiction of the conclusiveness of Muhammad.
  3. The Shiites have a Quran that includes poetries which are non in the Sunni Quran and that were forged in order to warrant Ali ‘s right to sequence. In making so, the Shiites distort the Quran. It is besides claimed that the Shiites have forged Hadiths in order to warrant their philosophies.
  4. The Shiites revile the first Caliphs and the Companions of the Prophet who in their eyes usurped the Caliphate that truly belonged at that phase to Ali.
  5. The Shiites are libertines who allow impermanent matrimonies.
  6. The Shiites pattern deception and hence can non be trusted even when they propose reconciliation.

There is so an official negative attitude towards the Shiites in Saudi Arabia promoted by the Wahhabi. The Wahhabi bookmans tend to subscribe to all the traditional unfavorable judgment of the Shiites, updating them with political content. The Shiites are accused non merely of spiritual divergence and unorthodoxy, but of perfidy against Arab Muslims. The Shiites are accused of moving against the history of Islam, intriguing to destruct the Ummah from indoors. The chief motives of these claims are:

  1. Shiism is an innovation of the Jews. Wahhabi disparagers of the Shia happen similarities between Shiite and Jewish or Zoroastrian imposts and beliefs. It is said that it was Abdullah bin Saba, a Jew who, feigning to be a Muslim, coined and propagated the Godhead right of Ali Bin Abi Talib to the Caliphate as the replacement to the prophesier Mohammed.
  2. The Shiites are a bad influence of non-Arab radical Iran inside the Arab universe.
  3. Shiite philosophy permits killing a Sunni.
  4. The Shiites are moving in agreement with a long-range program to tumble Sunni Islam and to take over the Holy Places in the Hijaz.

The above motives are good expressed in the undermentioned recent anti-Shiite text from the pro-al-Qaeda web site, :

“The menace posed by the Shia to the state is equal to the menace posed by the Jews and the Christians. They harbor the same ailment will against the state, which needs to protect itself from them and from being deceived by them” They pose a danger non merely to Iraq, but to the whole part. If the Shia have influence over Iraq, or if they obtain some sort of liberty in southern Iraq, they will be so much closer to widening their influence. After all, they exist in considerable Numberss in Saudi Arabia, Kuwait, and Bahrain. If these Shia get organized and if their enterprises get support from states that sponsor them “ Iran, Syria, and Lebanon” it will intend that they have reached advanced phases in their 50-year program. We besides caution against those who advocate befriending the Shia. Such an attack can merely do farther injury to the state. To acquire near to the Shia is more unsafe than acquiring close to the Jews, because the animus of the Jews is good known, while the Shia make-believe and lead on the state.

?Shiite Atitudes towards Sunnis and Wahhabis

The Shiite Hagiographas sing the Shiites-Sunnis struggle are mostly defensive. Traditional Shiite beliefs besides contain a figure of terrible charges against the Sunni bulk in Islam. These include accusals of Sunni perfidy against the 4th Caliph, the Imam Ali, imposts such as the combustion of images of the Caliph Omar, and in Iran, profoundly frozen feelings of cultural high quality toward the Arabs.

These beliefs permeate Shiite texts and popular imagination. Nevertheless, traditional Shiite philosophies implicitly accept the Shiite position as a minority within Islam and refrain from places that would strive the Sunni-Shiite relationship to a point of no return, where the two would irrevocably divide into two faiths. An illustration of this restraint is the Shiite claim that two poetries that were originally sent down to the Prophet and turn out his pick of Ali as his replacement, were deleted from the canonical text of the Quran. Despite the claim, and despite the claim that the existent text of those poetries is known, no Shiite religious order has re-inserted them into its version of the Quran. It would look that both Shiites and Sunnis are cognizant that such an act would make two separate Bibles and even take to a concluding separation between two Islams. It besides may be interpreted as following the lead of Shiite tradition of entry to the stronger party until the return of the concealed Imam as the Mahdi and the exoneration of his trusters. One may claim that this in the eyes of traditional Shiite Islam is the illustration of the Imam Ali who accepted, for the interest of integrity, the first three Caliphs despite the fact that he knew that he had been the Prophet ‘s pick, and of his boy Hassan who abdicated his claim to the Caliphate for the same grounds.

Hence historically, Shiite animus towards the Sunni bulk of the Muslim universe has been much less fierce and widespread than its Sunni correlative and for the most portion it has been defensive, aimed at rebuting the Sunni charges and supporting the Shia against Wahhabi onslaughts. Some of the chief motives of the Shiite onslaughts on the Wahhabis are:

  1. Comparing the Wahhabis to the the religious order which, in the eyes of both Sunni and Shiite Islam exceeded the bounds and caused dreaded internal discord among the early Muslims. Some Shiite polemicists even find the Wahhabis worse than the Khawarij in that the former represents corruptness and internal discord ( fitna ) .
  2. Deductions that the Saudi Wahhabis are artless nomads, who after accepting Islam returned from the civilisation of al-Medina to the backward ingorance ( jahili ) of desert life.
  3. Asserting that the Wahhabis are the agents of western imperialism. The Saudi State serves the involvements of the Americans and the British ( and, of class, Israel ) in the Muslim universe. The Wahhabis ( Saudis ) even agreed to manus Palestine to the Jews. This is, in kernel, the Shiite version of the Sunni accusal mentioned above sing Judaic influences over the Shia.


The undermentioned article is based in a recent declaration by a Dutch politician who was reticent with the Islamic faith and its imposts and reflects somehow the manner of thought of a small portion of Western perceivers. We wanted to do a contemplation about this issue because this adult male occupies a relevant place in the Dutch authorities and there must be some people that agree with his point of position:

The infusion of this article was found in the undermentioned web site:

hypertext transfer protocol: //ksanna.wordpress.com/2009/11/23/i-dont-hate-muslims-i-hate-islam-”-geert-wilders/ # more-196

“I do n’t detest Muslims, I hate Islam.” Geert Wilders

This article is about a European politician, who claims ‘to detest the Islam ‘ and calls the Koran a ‘fascist book ‘ , which should be outlawed in the Netherlands, like Adolf Hitler ‘s “Mein Kampf” .

Harmonizing to him “The book incites hatred and killing and hence has no topographic point in our legal order.” He calls the prophesier Mohammed ‘devil ‘ who would hold been hunted down as a terrorist these yearss. Besides he would wish to present a ˆ1000 a twelvemonth ( $ 1500 ) excise revenue enhancement on headscarf erosion.

Geert Wilders is laminitis of the Dutch Freedom Party ( PVV ) , and he was voted politician of twelvemonth 2007 by the Dutch political imperativeness.

Geert Wilders considers himself as a libertarian. He opposes the Dutch political system, because among other things they tolerate the ‘intolerants ‘ ( Muslims ) , the first article in the Dutch fundamental law, because it guarantees equality, which harmonizing to him should except Muslims, but stand out Christians, Jews and human traditions.

He besides opposes the EU, because of its strong governmental influence, his enlargement undertakings ( Turkey ) and he wants to get rid of the European Parliament.

Immigrates from non-western states should be banned for 5 old ages or paid to go forth the Netherlands. They besides should n’t hold the right to vote.

He besides wants to reunite Flanders and the Netherlands.

He wants to use Israel ‘s administrative detainment in the Netherlands, a pattern to a great extent criticized by human rights groups, which he calls ‘common sense ‘ . ‘We are all Israel. Israel is the West ‘s first line of defence. ‘

Meanwhile he considers Islam as a backward faith. ‘Islam is the Trojan Horse in Europe. If we do non halt Islamification now, Eurabia and Netherabia will merely be a affair of clip. One century ago, there were about 50 Moslems in the Netherlands. Today, there are about 1 million Muslims in this state. Where will it stop? We are heading for the terminal of European and Dutch civilisation as we know it. ‘

He matches Islam to terrorist act. His purpose was “a argument about freedom of address and the menace of Islamisation of our Western societies ‘ , but his selfish behavior endangered Dutch soldiers and citizens and provoked and insulted Islamic states.

Jordan has summoned Thornton wilders to judge, with the movie deemed to “incite hatred” . Al-Qaeda issued a call to slaying Thornton wilders after its release.

He was besides polemically banned from come ining the United Kingdom between 12 February 2009 and 13 October 2009, with the Home Office sing his presence as a “threat to one of the cardinal involvements of society” . The prohibition was overturned after Wilders appealed. He visited the UK on October 16, 2009.

He is besides indicted in his ain state. The cause is that in a democratic system, hatred address is considered so serious that it is in the general involvement to pull a clear line and that “The tribunal besides considers appropriate condemnable prosecution for dissing Muslim believers because of comparings between Islam and Nazism made by Wilders.”

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Comparative law, characteristics of the islamic system Essay


Comparative jurisprudence, features of the Islamic Law

The Islamic jurisprudence is an independent spiritual system of jurisprudence which is based chiefly on the Koran. Here, one can see one of the most of import points related with this jurisprudence: there is a difference between the ISLAMIC Law and the POSITIVE RIGHT of a state in which most of the population follows this faith. In fact, a dual legal power exists in states under Islamic jurisprudence.

“Sharia” is an

2018-10-21 03:54:25
Comparative law, characteristics of the islamic system Essay
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