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Legal Issue Shari’ah Law English Law
1. Authority from Revealed by Allah, communicated to Muhammad The “Queen in Parliament” and the European
which Laws via the Qur’an and Sunnah, interpreted by the authorities as interpreted by the House of Lords and
Emanate Ulama and applied by Shari’ah courts. Court of Appeal.
The theory and terminology of Islamic Anyone can study law or can research its provisions
jurisprudence in personal law, civil law and criminal and application. Solicitors’ Firms, Citizens’ Advice
law are known and understood only by scholars in Bureau and Law Centres can assist the citizen to
an elitist system—and by definition cannot be understand their rights and responsibilities. Certainty
challenged by the populace. in the law is valued and the Common Law is
6. Access to
Justice/Unity of The jurists of different schools differ in their established according to a single system of precedent,
Law interpretation of Shari’ah Law and in their so that the judgment of a court in Newcastle ought to
sentencing practice in relation to certain aspects of differ little from that of a court in Penzance on a given
the law. This may result in interpretations and set of facts. One common legal method is used to
applications of the law that lack uniformity across argue and decide cases according to interpretation,
the Shari’ah Courts. reasoning and analogy.
In Shari’ah Courts, all jurists, court officials and the Any suitably qualified and fairly selected individual may
judge must be Muslims; non-Muslims are not work in a court of law, practise law or judge cases
7. Legal System
allowed to take part in any way, shape or form. irrespective of his or her religion, political beliefs or
No woman may become a judge. gender.
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Legal Issue Shari’ah Law English Law
The Shari’ah Court requires Muslims to obey its
authority in preference to national authorities.
Every law that is incompatible with the Shari’ah or
the spirit of Islam is unlawful for Muslims to do,
apply, or enforce, whether the ruling authority
9. Purpose of the permits or even orders such an act. In fact it To maintain law and order. To hold the Government
Court System would be incumbent on every Muslim to abstain and public bodies to account. To enable citizens to
from such mandates and to prevent their settle disputes peacefully.
execution. This may result in civil disobedience being
required of British Muslims by the Shari’ah Court—in
other words the Shari’ah Courts would create a state
within a state. This may damage social cohesion.
Muslims must not question the doctrines of Islam Largely respected, except where limitations are
or the rulings of Shari’ah scholars. There is no prescribed by law and are necessary in a democratic
12. Freedoms liberty in Islam: society in the interests of public safety, for the
• No freedom of speech or expression protection of public order, health or morals, or for
• No freedom of thought, conscience or belief. the protection of the rights and freedoms of others.
13. Presumption
A defendant is guilty until proven innocent. A defendant is innocent until proven guilty.
of Innocence
Legal prohibitions imposed by Allah, whose Legal prohibitions of serious acts or omissions that
infringement entails punishment prescribed by Him. are also designated as criminal offences. Many
These legal prohibitions can be either commission prohibitions exist which are matters of civil law.
14. Definition of a of a forbidden act or omission of an act enjoined, Many other acts and omissions are disapproved of,
Crime hence the commission of any act declared unlawful but are not subject to legal judgment or to sanction
and for which punishment has been laid down in by the courts. Acts and omissions disapproved of
the Shari’ah is a crime. Similarly, omission of any only by religions or philosophies (“sins”) are not
act enjoined by the Shari’ah constitutes a crime. justiciable in the criminal court.
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Legal Issue Shari’ah Law English Law
According to the Shari’ah all crimes are “janayat”, Crimes are divided into those that are less serious
that is, “felonies” or “crimes triable on indictment”, (“triable summarily”) and those that are more serious
whether they are mere sins against the religion of (“triable on indictment”).
Islam, or crimes that other legal systems would
punish.
Under Shari’ah Law, treason is the betrayal of Betraying the security of one’s nation results in a
16. Treason Muhammad, or the Ummah; it is regarded as waging maximum sentence of life imprisonment. Changing
(including war on Allah and his apostle, the culprit can be one’s religion is a personal choice and a matter of
Apostasy) Muslim or non-Muslim. Critiquing Muhammad or freedom of religion. See also item 20.
depicting him in any form is waging war on Allah,
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Legal Issue Shari’ah Law English Law
Muhammad and Islam. The punishment is
crucifixion, the chopping off of opposite limbs and
beheading. Invasion of Islamic land also falls under
this category. See also item 20.
No freedom of speech:
Criticism of Islam or contradiction of its doctrines,
21. Blasphemy Freedom of speech.
together with insults levelled at its prophet, are
forbidden and punishable by death.
The Shari’ah regards “moral virtues” as defined by Some Shari’ah Law “virtues” are crimes under English
Islam as the principal base of society. For this Law, such as polygamy (bigamy), or the killing of an
reason Shari’ah declares all acts which are inimical apostate (murder).
to its morality as culpable. “Virtues” include:
• Polygamy There is no restriction on freedom of association
between unrelated males and females, unless
22. Vices and • The killing of an apostate.
prohibited by a court injunction for the safety of one
Virtues
Vices which are also crimes include: party.
• Mixed company of unrelated males and
The consumption of alcohol by adults is generally
females
permitted unless it causes drunkenness and disorder
• Consumption of alcohol in public or in prohibited areas.
• Physical relations between two consenting
adults, which is also a crime. Both would be Two consenting adults may engage in a physical
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Legal Issue Shari’ah Law English Law
whipped, and probably put to death by the relationship without restrictions.
sword or stoned.
The most modern interpretation of Shari’ah Law Citizens free to conclude the contracts of their
26. Financial states that Muslims may only conclude transactions choice on condition that they do not contravene the
Transactions that are Shari’ah-compliant—that is, those that laws relating to fraud, anti-competitive practices or
appear to be Islamic in form and that have been taxation.
approved by Islamic scholars. Muslims may not
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Legal Issue Shari’ah Law English Law
invest in enterprises that are un-Islamic in product
or philosophy.
• Marriage is expected of all men. Celibacy is not • Marriage is a personal choice. Celibacy and
encouraged amongst Muslims and homosexual homosexual relations are freely allowed.
practice is a capital crime.
• In Shari’ah law no minimum age of consent to • Marriage to a girl under the age of 16, if
marriage for girls exists. consummated amounts to rape. Such a marriage
will also be void.
• A girl may be married off to a man chosen by • Both parties must freely consent to a marriage.
her family without her consent. Lack of consent can lead to a multiplicity of
charges including false imprisonment and rape.
27. Family and
Property Law
• Polygamy is expected. Men may marry up to 4 • Polygamy is the crime of bigamy. The ownership
free women with no limit on the number of of slaves is a crime. Sexual activity with a person
concubines or sex slaves. who does not consent involves either rape or
sexual assault and probably false imprisonment
and blackmail as well.
• The husband has the right to divorce his wife for • A husband or a wife can divorce the other only
any reason by simply pronouncing the divorce on specified grounds of a serious nature.
three times, whereas the wife must apply to the
court for a divorce.
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Legal Issue Shari’ah Law English Law
• Custody of any children passes automatically to • Custody of children is decided by the court.
the man once the children have attained the age
of 7.
• Dowry rules vary and on divorce its recipient • There is no such thing as a dowry in English Law.
depends on whether the marriage was dissolved
prior to consummation, after it, prior to the
birth of children or afterwards and so on.
• Inheritance must be apportioned as per Islamic • The deceased’s estate is divided in accordance
Jurisprudence based on the Qur’an and Sunnah, with the last valid will of the deceased; otherwise
in which a male’s portion is double that of a in accordance with statutory rules that do not
female’s, and none is to be given to an discriminate on grounds of sex or religion.
unbeliever (kaffir) even if s/he would otherwise
be the most legitimately entitled.
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