Saturday, September 7, 2019
Islamic law Coursework Example | Topics and Well Written Essays - 500 words
Islamic law - Coursework Example Islamic law is derived from four sources which are Quran, hadith, ijma, and qiyas. The Quran is the main scripture of Islam which is the main source of law. The hadith are the sayings of the Prophet Muhammad which comprise the second principle of law. Ijma and Qiyas are used to determine and obtain conclusions regarding issues which are not addressed in the Quran and hadith directly. Ijma is usually the collective opinion of a group of scholars while qiyas is the use of individual reasoning to apply Islamic principles for new issues faced by society (Dien, 145). Islamic law provides guidelines and principles regarding business, commerce, trade, society, politics, ethics, personal life, and criminal justice. Islamic principles have been implemented as criminal codes in certain countries like Pakistan, Iran, Saudi Arabia, and Sudan. Certain practices like alcohol consumption by Muslims are punished in Saudi Arabia and Iran. The Quran provides injunctions regarding the punishment of five crimes which are adultery, theft, murder, alcohol consumption, and banditry. Murder and banditry can be punishable by death while theft leads to the amputation of hands. Fornication and alcohol consumption can be punished by flogging. In cases of married people committing adultery, the sentence can be death by stoning. Despite the harsh nature of these punishments, the Quran actually places high standards of evidence which are essential for the prosecution of the crime (Bakhtiar, 178). Many countries also do not impose these punishments because of a set of legal procedures that make them difficult to prosecute. American laws are based upon the separation of church and state as the government does not favor any religion. The American legal system also provides complete freedom of speech, association, religion, bear arms, right to assemble, and prevent the federal government from interfering in the individual rights (Weaver, 35). The American system is based upon legislation as it
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