A comparison of the westernized concept of rule of law and the shariah law

In India and Pakistan much of the family law is now embodied in statutory legislation, and since the law is there administered as a case-law system, the authority of judicial decisions has superseded that of the legal manuals.

A comparison of the westernized concept of rule of law and the shariah law

Understanding Islamic Law

In addition, Muslim citizens must adhere to Islamic law - Shariah. If a Muslim citizen commits a religious violation, he is judged according to Islamic law.

A non-Muslim citizen is judged in religious issues by the laws of his own faith. Invoking Divine Principles and Human Reason Islam is a complete package — a complete message and way of life. Inevitably aspects of Islam examined separately, without a wide-ranging grasp of its totality, will be taken in a fragmented context, in which case aspects may take on the appearance of extremism.

However, when viewed from a comprehensive perspective by any fair person, Islam will be found sensible in all its aspects and practices. Could it be otherwise for a faith that powers one of the greatest living civilizations — one whose dynamism and creativity supplied a foundation for countless aspects of modern society?

Shariah is the Islamic Law — the disciplines and principles that govern the behavior of a Muslim individual towards his or herself, family, neighbors, community, city, nation and the Muslim polity as a whole, the Ummah. Similarly Shariah governs the interactions between communities, groups and social and economic organizations.

Shariah establishes the criteria by which all social actions are classified, categorized and administered within the overall governance of the state. Shariah first establishes the patterns believers should follow in worshipping Allah: As Christopher Houston asserts: Whether this lack of institutional and conceptual closure ironically encourages modern Islamist states Saudi Arabia?

The Shariah is never closed, for it is based not on a core of concepts, but rather on an ensemble of precepts which is at times general, at times precise, and which expands to include the totality of human acts through induction, analogy, extension, commentary, and interpretation.

As such it covers the three essential needs of human life: These three aspects of the faith are known individually as: The first aspect, Islam, deals primarily with the physical aspects of the faith, such as its obligations, prohibitions and recommended actions.

This is the part of the faith governed by Shariah — Islamic law. This aspect cannot however be implemented by itself, but must complement the other two. When the Prophet s taught Islam to his followers, he taught them all these three aspects at once, in a natural and holistic approach.

Show mercy to those on earth, and the One above the heaven will show mercy to you. When society is informed by spiritual values, the purpose of Shariah, to bring out mercy to mankind, will be natural manifestation of those values.

Without such values, essential in removing the psychological illnesses and the societal ailments which afflict people in difficult physical situations, man becomes nothing more than a political animal and law becomes a means and an end, in-and-of itself.

A comparison of the westernized concept of rule of law and the shariah law

Thus they see that the only approach to handling crime is to punish the perpetrator with a physical punishment. The adaptation of law according to time and circumstance is necessitated by changes in society, and the influx of various cultures and material conditions.

Islam first came to one people with one lifestyle. As the religion spread and the borders of Muslim lands expanded, all of the different civilizations, each with their own codes of law, traditions and cultures, had to be incorporated into the Islamic polity.

The primary sources of Islamic law are twofold: This dual identity of Islamic law is reflected in its two Arabic designations, Shariah and fiqh.

Shariah bears a stronger affinity with revelation, whereas fiqh is mainly the product of human reason. The divine Shariah thus indicates the path to righteousness; reason discovers the Shariah and relates its general directives to the quest for finding solutions to particular or unprecedented issues.

Amplifying on this he says:In this law system, the main sources of law are treaties, EU law, statutes, delegated legislation, case law, equity and customs. Let us give a brief explanation for each source. - First, European Union Law, as it is clear from its name, is the law approved by the iridis-photo-restoration.com: 8.

May 24,  · Sharia, I argue, stems from a radically different, and indeed antithetical, concept of the relation of the individual to the state.

A comparison of the westernized concept of rule of law and the shariah law

More than the Koran’s sanction of wife-beating, the legal grounds on which the Koran sanctions it reveals an impassable gulf between Islamic and Western iridis-photo-restoration.com: David P. Goldman.

The concept of “Westernized” conjures up ancient Athens vs. the Persian Empire, the Western Roman Empire vs. the Hellenistic and Byzantine Eastern Roman Empire, the motherland of Britain in relation to its many “Eastern” colonies, and the European and American liberal .

The concept of _____ is best defined as the ability to do well on cognitive tasks, to solve problems, and to learn from experience. intelligence When scores on an intelligence test relate to important outcomes such as job performance, then the intelligence test has high.

In Indonesia under Dutch rule, Islamic law was subordinated to adat law, and the religious courts were accorded an inferior position. The Regulation on Mixed Marriages of abandoned a fundamental rule of Islamic law by allowing Muslim women to marry non-Muslim men. Taqiyya, Trust & Debating Shariah.

According to Islamic law, one of the areas in which lying is permitted, and sometimes required, is where it will be advantageous in dealings with attempts to gain the submission of non-believers.

Sharīʿah - Law in contemporary Islam | iridis-photo-restoration.com