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Application of Islamic law by country
Since the early Islamic states of the eighth and ninth centuries, Islamic law (also known as sharia) always existed alongside other normative systems.
Historically, sharia was interpreted by independent jurists (muftis), based on Islamic scriptural sources and various legal methodologies. In the modern era, statutes inspired by European codes replaced traditional laws in most parts of the Muslim world, with classical sharia rules retained mainly in personal status (family) laws. These laws were codified by legislative bodies which sought to modernize them without abandoning their foundations in traditional jurisprudence. The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including hudud capital punishments, such as stoning, which in some cases resulted in traditionalist legal reform. Some countries with Muslim minorities use sharia-based laws to regulate marriage, inheritance and other personal affairs of their Muslim population.
Classical jurisprudence was elaborated by private religious scholars, largely through legal opinions (fatwas) issued by qualified jurists (muftis). It was historically applied in sharia courts by ruler-appointed judges, who dealt mainly with civil disputes and community affairs.Sultanic courts, the police and market inspectors administered criminal justice, which was influenced by sharia but not bound by its rules. Non-Muslim (dhimmi) communities had legal autonomy to adjudicate their internal affairs. Over the centuries, Sunni muftis were gradually incorporated into state bureaucracies, and fiqh was complemented by various economic, criminal and administrative laws issued by Muslim rulers. The Ottoman civil code of 1869–1876 was the first partial attempt to codify sharia.
In the modern era, traditional laws in the Muslim world have been widely replaced by statutes inspired by European models. Judicial procedures and legal education were likewise brought in line with European practice. While the constitutions of most Muslim-majority states contain references to sharia, its classical rules were largely retained only in personal status (family) laws. Legislators who codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence. The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including hudud capital punishments, such as stoning. In some cases, this resulted in traditionalist legal reform, while other countries witnessed juridical reinterpretation of sharia advocated by progressive reformers. While hudud punishments hold symbolic importance for their proponents and have attracted international attention, in countries where they make part of the legal system, they have been used infrequently or not at all, and their application has varied depending on local political climate.
Some Muslim-minority countries recognize the use of sharia-based family laws for their Muslim populations. The adoption and demand for sharia in the legal system of nations with significant Muslim-minorities is an active topic of international debate. Reintroducing sharia in Muslim-majority nations has been described as "a longstanding goal for Islamist movements", and attempts to introduce or expand sharia have been accompanied by controversy, violence, and even warfare.
Types of legal systems
The legal systems of Muslim countries may be grouped as: mixed systems, classical sharia systems, and secular systems.
Classical sharia systems
Under this system, shared by a small minority of modern countries, classical sharia is formally equated with national law and to a great extent provides its substance. The state has a ruler who functions as the highest judiciary and may promulgate and modify laws in some legal domains, but traditional religious scholars (ulama) play a decisive role in interpreting sharia. The classical sharia system is exemplified by Saudi Arabia and some other Gulf states. Iran shares many of the same features, but also possesses characteristics of mixed legal systems, such as a parliament and codified laws.
Secular systems are those where sharia plays no role in the nation's legal system and religious interference in state affairs, politics, and law is not permitted. Turkey has been an example of a Muslim-majority nation with a secular system, although its secularism has recently come under intense pressure. Several states in West Africa and Central Asia also describe themselves as secular.
Most Muslim countries have mixed legal systems that postulate a constitution and Rule of Law, while also allowing rules of traditional Islamic jurisprudence to influence certain areas of national law. These systems possess large bodies of codified laws, which may be based on European or Indian codes. In these systems, the central legislative role is played by politicians and modern jurists rather than traditional religious scholars. Pakistan, Egypt, Malaysia, and Nigeria are examples of states having mixed systems. Some countries with Muslim minorities, such as Israel, also have mixed systems that administer Islamic law for their Muslim population.
Domains of application
Most Muslim-majority countries incorporate sharia at some level in their legal framework. Their constitutions commonly refer to sharia as a source or the main source of law, though these references are not in themselves indicative of how much the legal system is influenced by sharia, and whether the influence has a traditionalist or modernist character. The same constitutions usually also refer to universal principles such as democracy and human rights, leaving it up to legislators and the judiciary to work out how these norms are to be reconciled in practice. Conversely, some countries (e.g., Algeria), whose constitution does not mention sharia, possess sharia-based family laws. Nisrine Abiad identifies Bahrain, Iran, Pakistan, and Saudi Arabia as states with "strong constitutional consequences" of sharia "on the organization and functioning of power".
Except for secular systems, Muslim-majority countries possess sharia-based family laws (marriage, inheritance, etc). These laws generally reflect influence of various modern-era reforms and tend to be characterized by ambiguity, with traditional and modernist interpretations often manifesting themselves in the same country, both in legislation and court decisions. In some countries (e.g., Nigeria), people can choose whether to pursue a case in a sharia or secular court.
Countries in the Muslim world generally have criminal codes influenced by French law or common law, and in some cases a combination of Western legal traditions. Saudi Arabia has never adopted a criminal code and Saudi judges still follow traditional Hanbali jurisprudence. In the course of Islamization campaigns, several countries (Libya, Pakistan, Iran, Sudan, Mauritania, and Yemen) inserted Islamic criminal laws into their penal codes, which were otherwise based on Western models. In some countries only hudud penalties were added, while others also enacted provisions for qisas (law of retaliation) and diya (monetary compensation). Iran subsequently issued a new "Islamic Penal Code". The criminal codes of Afghanistan and United Arab Emirates contain a general provision that certain crimes are to be punished according to Islamic law, without specifying the penalties. Some Nigerian states have also enacted Islamic criminal laws. Laws in the Indonesian province of Aceh provide for application of discretionary (ta'zir) punishments for violation of Islamic norms, but explicitly exclude hudud and qisas.Brunei has been implementing a "Sharia Penal Code", which includes provisions for stoning and amputation, in stages since 2014. The countries where hudud penalties are legal do not use stoning and amputation routinely, and generally apply other punishments instead.
Countries where sharia plays a role in adjudicating personal status issues (such as marriage, divorce, inheritance, and child custody).
Countries where sharia plays a role in adjudicating personal status issues as well as criminal cases.
Countries with regional variations in the application of sharia.
Article 222 of the Family Code of 1984 specifies sharia as the residuary source of laws. According to the U.S. State Department, the sharia-derived family code treats women as minors under the legal guardianship of a husband or male relative, though in practice the implied restrictions are not uniformly enforced.
It has a civil law system with influences from customary law.
It has a mixed legal system of English common law, French civil law, and customary law.
After gaining independence from France, Chad retained the French legal system.
The legal system is based on both Sharia and remnants of the French legal code. According to the article 229-7 of the Penal Code, any Muslim who makes use of products forbidden by Islamic law can be punished by imprisonment of up to six months.
The Family Code is mainly derived from Islamic law and regulates personal status matters such as marriage, divorce, child custody and inheritance. Sharia does not apply to criminal law.
Article 2 of Egypt's 2014 Constitution declares the principles of Islamic sharia to be the main source of legislation. Egypt's law and enforcement system are in flux since its 2011 Revolution; however, the declaration of Sharia's primacy in Article 2 is a potential ground for unconstitutionality of any secular laws in Egyptian legal code. Sharia courts and qadis are run and licensed by the Ministry of Justice. The personal status law that regulates matters such as marriage, divorce and child custody is governed by sharia. In a family court, a woman’s testimony is worth half of a man’s testimony.
Applies only to Muslims who choose to enter into Sharia arbitration: Sharia courts entertain cases dealing with marriage, inheritance and family of Muslims.
Applies only to Muslims who choose to enter into Sharia arbitration: Sharia courts have jurisdiction on cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death.
It has a mixed legal system of French civil law and customary law.
Article 7 of the constitution identifies sharia as source of law in matters of personal status and inheritance among members of communities to which it applies.
Ghana is a secular state. Any other laws inconsistent with the national constitution are deemed null and void. No religious laws are applied in civil or criminal cases .
It has a mixed legal system of civil law and customary law.
Islamic law is applied by Kadhis' Courts where "all the parties profess the Muslim religion". Under article 170, section 5 of the constitution, the jurisdiction of Kadhis’ court is limited to matters relating to "personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts".
Qaddafi merged civil and sharia courts in 1973. Civil courts now employ sharia judges who sit in regular courts of appeal and specialise in sharia appellate cases. The personal status laws are derived from Islamic law.
It has a civil law system influenced by customary law. In urban areas, positive law is common. In rural areas the customary law usually dominates. Local rural versions of sharia are the predominant sources for customary law. Article 25 in Title II of Mali's constitution declares it to be a secular state.
The Penal Code contains Sharia crimes such as heresy, apostasy, atheism, refusal to pray, adultery and alcohol consumption. Punishments include lapidation, amputation and flagellation.
Muslim Personal Laws apply to Muslims. Polygamy is legal but the government will not officially recognize a polygamous marriage.
In 1956, a Code of Personal Status (Mudawana) was issued, based on dominant Maliki school of Sharia jurisprudence. Regional Sharia courts also hear personal status cases on appeal. In matters of family law, a woman’s testimony is worth only half of that of a man. With 2003 reforms of its criminal law, Article 222 of its new criminal code is derived from Islamic law; Articles 220–221, 268–272 of its criminal law similarly codify those activities as crimes that are prohibited under Sharia. Morocco adopted a new constitution in 2011; Article 41 of this constitution granted sole power to the Superior Council of the Ulemas to guide its laws through Fatwas from principles, precepts and designs of Islam.
Paula Rainha states that, "Mozambique’s legal system can be considered civil law based (at least the formal legal system) and legislation is the primary source of law."
It has not adopted any elements of Islamic law.
Borno, Gombe and Yobe have not yet begun to apply their Sharia Penal Codes.
The rest of Nigeria has a mixed legal system of English common law and traditional law.
The legal system of Senegal is based on French civil law. The 1972 Family Code (Code de la famille) is secular in nature. Islamic law is allowed by article 571 of the Family Code only in the case of intestate successions, and only if the person had demonstrated in life a wish that his succession would be regulated by Islamic law. Most succession cases are decided under this provision. There has been growing political attempts to introduce more sharia regulations.
It has a common law system influenced by customary law.
Sharia was adopted in 2009. Article 2 of Somali 2012 Constitution states no law can be enacted that is not compliant with the general principles and objectives of Sharia. Sharia currently influences all aspects of Xeer as well as Somalia's formal legal system.
Sharia has been declared the chief source of all legislation in Sudan's 1968, 1973 and 1998 Constitutions. In 2005, Sudan adopted an interim national constitution; it removed some references to Sharia, but included Sharia-derived criminal, civil and personal legal codes, as well as Sharia-mandated hudud punishments. The Criminal Act of 1991 prescribes punishments which include forty lashes for drinking alcohol, amputation of the right hand for theft of a certain value and stoning for adultery. However, there is no record of either any amputation or stoning ever having taken place in Sudan.
Islamic law is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Islamic law to matters of succession in communities that generally follow Islamic law in matters of personal status and inheritance. Unlike mainland Tanzania, Zanzibar retains Islamic courts.
Tunisia has a long secular tradition with a legal system based on French civil law. The Law of Personal Status, considered a reference in secular family law across the Arab world, bans polygamy and extrajudicial divorce. Sharia courts were abolished in 1956. Secular inheritance laws are indirectly based on Islamic jurisprudence, with religion never being mentioned in the Code of Personal Status; these laws accord to women half the share of property due to men.
Article 129 (1) (d) of the constitution allows the parliament to establish by law "Qadhi’s courts for marriage, divorce, inheritance of property and guardianship".
In the United States, various states have outlawed sharia, or passed some form of ballot measure which "prohibits the states courts from considering foreign, international or religious law." As of 2014[update] these include Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota and Tennessee.
Criminal law in Afghanistan continues to be governed in large part by Islamic law. The 1976 Criminal Code introduced a quasi-secular system for all tazir offenses, but provided for application of hudud, qisas and diya according to the principles of Hanafi jurisprudence. In practice, as of 2003, the 1976 code was not widely applied, and virtually all courts, including the Supreme Court of Afghanistan, relied on Islamic law directly.
Article 2 of Bahrain's 2002 Constitution as originally adopted, as well as after February 2012 amendment, declares Islamic Sharia is a chief source of legislation. Four tiers of ordinary courts have jurisdiction over cases related to civil, administrative and criminal matters, with Court of Cassation the highest civil court in Bahrain; in all matters, the judges are required to resort to Sharia in case legislation is silent or unclear. Sharia courts handle personal status laws.
A personal status law was codified in 2009 to regulate personal status matters. It applies only to Sunni Muslims; there is no codified personal status law for Shiites. In a Shari’a court a Muslim woman's testimony is worth half of that of a Muslim man.
Bangladesh has a secular constitution but Marriage, divorce, alimony and property inheritance are regulated by Sharia for Muslims. The Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937) applies to Muslims in all matters relating to Family Affairs. Islamic family law is applied through the regular court system. There are no limitations on interfaith marriages.
Sharia courts decide personal status cases or cases relating to religious offences. Sultan Hassanal Bolkiah declared in 2011 his wish to establish Islamic criminal law as soon as possible. A new penal code enacted in May 2014 will eventually prescribe sharia punishments, including the severing of limbs for property crimes and death by stoning for adultery and homosexuality.
The Muslim Personal Law (Shariat) Application Act 1937 directs the application of Muslim Personal Law to Muslims in a number of different areas, mainly related to family law.
Aceh is the only part of Indonesia to apply Sharia to criminal law. Islamic courts in Aceh had long handled cases of marriage, divorce and inheritance. After special autonomy legislation was passed in 2001, the reach of courts extend to criminal justice. Offences such as being alone with an unrelated member of the opposite gender, gambling and breaking Islamic dress rules can be punished with a public caning. In 2014, the provincial government of Aceh extended sharia's reach, enacting and enforcing sharia to apply it to non-Muslims as well.
In other parts of Indonesia, religious courts have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Roman Dutch law or local adat.[needs update]Suharto’s New Order expanded the reach of Islamic law, first with the 1974 Marriage Act, which assigned jurisdiction over the marriage and divorce of Muslims to the Islamic courts (Indonesian: peradilan agama), and with the 1989 Religious Judicature Act, which elevated Islamic courts by making them a parallel legal system, equal to state courts and gave them jurisdiction over inheritance (wasiyyah), gifts (hibah) and religious endowments. Muslim litigants could originally choose whether to have inheritance questions decided by the Islamic courts or by the civil courts, but a 2006 amendment eliminated this possibility; the same amendment gave Islamic courts new jurisdiction over property disputes, including financial and economic matters. Muslims seeking a divorce must also file their claim in Islamic courts. The Compilation of Islamic Law 1991 (Indonesian: Kompilasi Hukum Islam) regulates marriage, inheritance, and charitable trusts (wakaf). Islamic law falls outside the jurisdiction of the Constitutional Court. Since 2006, a number of districts have issued local ordinances based on sharia.
Article 167 of the constitution states that all judicial rulings must be based upon "authoritative Islamic sources and authentic fatwa". Book 2 of the Islamic Penal Code of Iran is entirely devoted to hudud punishments. Iranian application of sharia has been seen by scholars as highly flexible and directly contradicting traditional interpretations of the sharia.
Article 1 of Civil Code identifies Islamic law as a main source of legislation. The 1958 Code, made polygamy extremely difficult, granted child custody to the mother in case of divorce, prohibited repudiation and marriage under the age of 16. In 1995, Iraq introduced Sharia punishment for certain types of criminal offenses.[clarification needed]
Iraq's legal system is based on French civil law as well as Sunni and Jafari (Shi’ite) interpretations of Sharia. Article 41 of the constitution allows for personal status matters (such as marriage, divorce and inheritance) to be governed by the rules of each religious group. The article has not yet been put into effect, and a unified personal status law remains in place that builds on the 1959 personal status code.
Islamic law is one of the sources of legislation for Muslim citizens. Islamic law is binding on personal law issues for Muslim citizens. The Sharia Courts of Israel arose as a continuation of the Ottoman sharia courts, whose jurisdiction was restricted under the British Mandate. The Sharia Courts operate under the jurisdiction of the Ministry of Justice and adjudicate matters relating to marriages, divorce, financial maintenance, legal capacity and guardianship, custody of children, paternity, prevention of domestic violence, conversion to Islam, and inheritance, among others.
Jordan has Shariacourts and civil courts. Sharia courts have jurisdiction over personal status laws, cases concerning Diya (blood money in cases of crime where both parties are Muslims, or one is and both the Muslim and non-Muslim consent to Sharia court's jurisdiction), and matters pertaining to Islamic Waqfs. The Family Law in force is the Personal Status Law of 1976, which is based on Islamic law . In Sharia courts, the testimony of two women is equal to that of one man.
Article 2 of Kuwait's constitution identifies Islamic Sharia as a main source of legislation. According to the United Nations, Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law and Islamic law. The sharia-based personal status law for Sunnis is based on the Maliki fiqh and for Shiites, their own school of Islam regulates personal status. Before a family court the testimony of a woman is worth half of that of a man. Kuwait blocks internet content prohibited by Sharia.
Lebanon's legal system is based on a combination of Civil Law, Islamic law and Ottoman laws. There are eighteen official religions in Lebanon, each with its own family law and religious courts. For the application of personal status laws, there are three separate sections: Sunni, Shia and non-Muslim. The Law of 16 July 1962 declares that Islamic law governs personal status laws of Muslims, with Sunni and Ja'afari Shia jurisdiction of Islamic law.
In 2007, Malaysia's Federal court ruled that apostasy matter lay "within the exclusive jurisdiction of Sharia Courts". Malaysian Muslims can be sentenced to caning for such offences as drinking beer, and adultery. Several sharia crimes, such as khalwat (close proximity of unmarried man and woman) are punishable only in Sharia courts of Malaysia. Publishing an Islamic book that is different from official Malaysian version, without permission, is a crime in some states. Other sharia-based criminal laws were enacted with "Syariah Criminal Offences (Federal Territory) Act of 1997".
Muslims are bound by Sharia on personal matters, while members of other faiths follow civil law. Muslims are required to follow Islamic law in family, property and religious matters. In 1988 the constitution was amended to state that civil courts cannot hear matters that fall within the jurisdiction of Sharia courts.
Article 15 of the Act Number 1/81 (Penal Code) allows for hudud punishments. Article 156 of the constitution states that law includes the norms and provisions of sharia.
In Myanmar, sharia has been applied for personal status issues since colonial times, under section 13 of Burma Law Act, 1898. Court precedents also decided that Waqf matters are to be decided under Islamic law. The 1952 Myanmar Muslim Dissolution of Marriage Act states that a Muslim woman has the right to divorce her husband with appropriate cause. Matters relating to sharia family law are decided by civil courts.
Islamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree 101/1996. The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia. Sharia Court Departments within the civil court system are responsible for personal status matters. A 2008 law stipulates that the testimonies of men and women before a court are equal.
Oman's criminal law is based on a combination of Sharia and English common law. Omani commercial law is largely based on Sharia; Article 5 of its Law of Commerce defaults to primacy of Sharia in cases of confusion, silence or conflict.
Until 1978 Islamic law was largely restricted to personal status issues. Zia ul Haq introduced Sharia courts and made far reaching changes in the criminal justice system. Articles 203a to 203j of the constitution establish a sharia court with the power to judge any law or government actions to be against Islam, and to review court cases for adherence to Islamic law.
The penal code includes elements of sharia. Under article 5, section 2 of the Ordinance No. VII of 1979, whoever is guilty of zina, "if he or she is a muhsan, be stoned to death at a public place; or if he or she is not a muhsan, be punished, at a public place, with whipping numbering one hundred stripes". Under a 2006 law, rape cases can be heard under civil as well as Islamic law.
There are sharia trial and circuit trial courts in Mindanao, which is home to the country's significant Filipino Muslim minority. Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws. Islamic law only applies to civil cases involving all Muslims nationwide.
Cases are handled in the Autonomous Region in Muslim Mindanao and a couple of Mindanao provinces that are not part of ARMM by both sharia district and circuit courts, organised into five sharia districts. Outside these areas, sharia-related cases are processed in civil courts under a session from the five sharia districts. All other cases, including criminal ones, are dealt with by local civil courts.
Sharia is the main source of Qatari legislation according to Qatar's Constitution. Islamic law is applied to laws pertaining to family law, inheritance, and several criminal acts (including adultery, robbery and murder). In some cases in Sharia-based family courts, a female's testimony is worth half a man's and in some cases a female witness is not accepted at all.
Flogging is used in Qatar as a punishment for alcohol consumption or illicit sexual relations. Article 88 of Qatar's criminal code declares the punishment for adultery is 100 lashes. Adultery is punishable by death when a Muslim woman and a non-Muslim man are involved. In 2006, a Filipino woman was sentenced to 100 lashes for adultery. In 2012, six expatriates were sentenced to floggings of either 40 or 100 lashes. More recently in April 2013, a Muslim expatriate was sentenced to 40 lashes for alcohol consumption. In June 2014, a Muslim expatriate was sentenced to 40 lashes for consuming alcohol and driving under the influence.
Judicial corporal punishment is common in Qatar due to the Hanbali interpretation of Islamic law. Article 1 of the Law No. 11 Of 2004 (Penal Code) allows for the application of "Sharia provisions" for the crimes of theft, adultery, defamation, drinking alcohol and apostasy if either the suspect or the victim is a Muslim.
Saudi criminal law is based entirely on sharia. No codified personal status law exists, which means that judges in courts rule based on their own interpretations of sharia. See Legal system of Saudi Arabia
Sharia courts may hear and determine actions in which all parties are Muslims or in which parties involved were married under Muslim law. Court has jurisdiction over cases related to marriage, divorce, betrothal, nullity of marriage, judicial separation, division of property on divorce, payment of dowry, maintenance, and muta.
Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act.
Article 3 of the 1973 Syrian constitution declares Islamic jurisprudence one of Syria's main sources of legislation. The Personal Status Law 59 of 1953 (amended by Law 34 of 1975) is essentially a codified Islamic law. The Code of Personal Status is applied to Muslims by Sharia courts. In Sharia courts, a woman's testimony is worth only half of a man's.
Sharia applies to personal status issues and criminal proceedings.
The court system comprises Sharia courts and civil courts. Judicial corporal punishment is a legal form of punishment in UAE due to the Sharia courts. Flogging is used in UAE as a punishment for criminal offences such as adultery, premarital sex and prostitution. In most emirates, floggings of Muslims are frequent, especially for adultery, prostitution and drunkenness, with sentences ranging from 80 to 200 lashes. Between 2007 and 2013, many people were sentenced to 100 lashes. Moreover, in 2010 and 2012, several Muslims were sentenced to 80 lashes for alcohol consumption. Under UAE law, premarital sex is punishable by 100 lashes.
Stoning is a legal form of judicial punishment in UAE. In 2006, an expatriate was sentenced to death by stoning for committing adultery. Between 2009 and 2013, several people were sentenced to death by stoning. In May 2014, an Asian housemaid was sentenced to death by stoning in Abu Dhabi. Islamic law dictates the personal status law, which regulate matters such as marriage, divorce and child custody. The Sharia-based personal status law is applied to Muslims and sometimes non-Muslims.
Non-Muslim expatriates are liable to Sharia rulings on marriage, divorce and child custody. Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors. Sharia courts may also hear appeals of certain criminal cases including rape, robbery, and related crimes.
Apostasy is a crime punishable by death in the UAE. UAE incorporates hudud crimes of Sharia into its Penal Code – apostasy being one of them. Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty, therefore apostasy is punishable by death in the UAE. Emirati women must receive permission from male guardian to remarry. The requirement is derived from Sharia, and has been federal law since 2005.
Included in Federal law No. 28 is that men may unilaterally divorce their wives, however for a woman to get divorced she must apply for a court order. Women may also lose their right to maintenance is they refuse to have sexual relations with her husband without a lawful excuse. In 2010 the Federal Supreme Court provided an amendment to the law stating sanctioning the beating and punishment of women by men provided there is no physical mark left on the woman.
In all emirates, it is illegal for Muslim women to marry non-Muslims. In the UAE, a marriage union between a Muslim woman and non-Muslim man is punishable by law, since it is considered a form of "fornication".
In 2018, a British court recognized sharia law in a divorce ruling in 2018, noting that a Muslim couple married under sharia law will also be recognized under British law and that the woman may claim her share of assets in a divorce.
Law 20/1992 regulates personal status. The constitution mentions sharia. Penal law provides for application of hadd penalties for certain crimes, although the extent of implementation is unclear. Article 263 of the 1994 penal code states that "the adulterer and adulteress without suspicion or coercion are punished with whipping by one hundred strokes as a penalty if not married. [...] If the adulterer or the adulteress are married, they are punished by stoning them to death."
In Western Thrace, under the terms of the 1920 Treaty of Sevres and 1923 Treaty of Lausanne, sharia courts historically had exclusive jurisdiction over the Muslim population in issues related to family law. Since 2018, Muslims in the region have been given the choice of registering a civil marriage and pursuing civil cases in the national court system. The Treaty of Lausanne also allows for the establishment of waqfs.
In other parts of Greece, all people are subjected exclusively to the provisions of the civil code, regardless of their religion.
England and Wales: Sharia councils, which have no legal status and no legal jurisdiction, are consulted by many Muslims as a source of religious guidance and as an instance granting religious divorces.. Likewise, Muslim Arbitration Tribunals are afforded limited recognition as purveyors of arbitration.
Territories with limited recognition
The Egyptian personal status law of 1954 is applied. The personal status law is based on Islamic law and regulates matters related to inheritance, marriage, divorce and child custody. Shari’a courts hear cases related to personal status. The testimony of a woman is worth only half of that of a man in cases related to marriage, divorce and child custody.
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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."
^Archived 23 June 2011 at the Wayback Machine. Library of Congress Country Studies: Sudan:. "The factors that provoked the military coup, primarily the closely intertwined issues of Islamic law and of the civil war in the south, remained unresolved in 1991. The September 1983 implementation of the sharia throughout the country had been controversial and provoked widespread resistance in the predominantly non-Muslim south ... Opposition to the sharia, especially to the application of hudud (sing., hadd), or Islamic penalties, such as the public amputation of hands for theft, was not confined to the south and had been a principal factor leading to the popular uprising of April 1985 that overthrew the government of Jaafar an Nimeiri".
Marchal, R. (2013), Islamic political dynamics in the Somali civil war. Islam in Africa South of the Sahara: Essays in Gender Relations and Political Reform, pp. 331–52
Tibi, Bassam (2008). Political Islam, World Politics and Europe. Routledge. p. 33. "The shari'a was imposed on non-Muslim Sudanese peoples in September 1983, and since that time Muslims in the north have been fighting a jihad against the non-Muslims in the south."
^"24ème session". Haut-Commissariat aux droits de l'homme. Archived from the original on 14 July 2014. Retrieved 9 July 2014. La Charia n'est pas compétente dans le domaine pénal, a précisé la délégation.
^Dièye, Abdoulaye (2009). "Secularism in Senegal: Withstanding the Challenge of Local Realities"(PDF). Institute for the Study of Islamic Thought in Africa. p. 10. Archived(PDF) from the original on 5 June 2010. Retrieved 3 October 2014. More recently a personal status code in accordance with the Sharia for Senegalese Muslims instead of the present Family Code was adopted and propagated by the Islamic Committee for the Reform of the Family Code in Senegal.
Stahnke, Tad and Robert C. Blitt (2005), "The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries." Georgetown Journal of International Law, volume 36, issue 4; also see Sharia Law profile by CountryArchived 2014-01-16 at the Wayback Machine, Emory University (2011)
^Abrahamian, Ervand (2008). A History of Modern Iran. Cambridge, UK; New York: Cambridge University Press. p. 190. ISBN978-0521528917. They allowed women to study abroad on state scholarships. They even passed bills directly contradicting traditional interpretations of the sharia. They eliminated all distinctions between men and women, between Muslims and non-Muslims, in accepting witnesses in court and awarding monetary compensations for damages. They increased the marriageable age for girls to fifteen (from thirteen). They reopened the judiciary to women. They gave them equal rights in divorce courts and permitted them to have custody rights over children under the age of seven. Never before in the Middle East had a freely elected parliament so blatantly challenged basic tenets of the sharia. What is more, they ratified the UN Convention on Elimination of All Forms of Discrimination against Women – the USA has still refused to ratify this highly egalitarian convention. The liberal cause was further bolstered when Ayatollah Youssef Sanai, one of Khomeini’s favorite disciples, came out in full support of women’s rights. He ruled that the law should not differentiate between the sexes, and that women should have the right to become presidents, chief judges, and even Supreme Leaders.
^Shad Furuqi (2005), The Malaysian Constitution, the Islamic state and Hudud Laws, Chapter 13 in Islam in Southeast Asia (Editors: Nathan and Kamali), Institute of Southeast Asian Studies, ISBN978-9812302830
^Peri Bearman; Professor Rudolph Peters (28 August 2014). The Ashgate Research Companion to Islamic Law. Ashgate Publishing, Ltd. p. 240. ISBN978-1409438939. Archived from the original on 29 May 2016. Retrieved 12 August 2015. the government of Kelantan admitted to the largely symbolic nature of the law, with the Chief Minister of Kelantan stating a few days after its unanimous passage that it "could not be implemented until the Federal Government of Malaysia makes changes to the Federal Constitution"
^"Constitution of Qatar". Archived from the original on 6 October 2014. Retrieved 13 November 2018. According to Article 1: Qatar is an independent Arab country. Islam is its religion and Islamic law is the main source of its legislation.