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Sharia

  • Summary: 

    Interview with Abul Kasem, ex-Muslim,  author of hundreds of articles and several books on Islam including, Women in Islam. He was a contributor to the book Leaving Islam – Apostates Speak Out as well as to Beyond Jihad: Critical Views From Inside Islam. In this he was asked:  What is the Sharia/Islamic law and how does it dictate almost every single aspect of human life ?

    Kasem: To be surewe must understand why the Sharia (i.e. Islamic Law) is the life-force of Islam, and why Islam must impose (by force, if needed) the Sharia to the entire world. Once we grasp this tenet, then we can understand how and why myriad specific Sharia laws affect lives.

    The basic tenets of the Sharia emanate with the assumption that Allah has chosen the believers (i.e. the Muslims) to rule the world. It might sound fascistic, but make no mistake: the Qur’an is absolutely determined to hand over the rule of the world to the followers of Islam: more specifically, to the Bedouin Arabs. Because Islam = Arabism. In the Qur’an (3:104, 3:110) Allah says that Arabs are the best of people ever created.

    In verse 2:143 Allah says He changed the Qiblah (direction of prayer) to distinguish between Muslims and non-Muslims. , the ideological guru of the current wave of Islamists explains this verse in this manner: This constitutes the proclamation appointing the religious community (the ‘ummah’) consisting of the followers of Muhammad to religious guidance and leadership of the world. In the second place there is an allusion to the change in the direction of Prayer from Jerusalem to the Ka’bah. People of limited intelligence could see no significance in this change of direction although the substitution of Jerusalem by the Ka’bah amounted to the removal of the Children of Israel from their position of world leadership and their replacement by the ummah of Muhammad (peace be on him).

     

    Maududi, in connection with verse 2:145, even writes: To deviate from that knowledge to please others is tantamount to offending the prophetic mission and is inconsistent with the gratitude that the Prophet ought to feel for having been favored with the position of world leadership.

    In the above sentences Maududi clearly states that the Muslims are the chosen people of Allah to rule the world. This ruling must be done with Allah’s laws, which is the Sharia.

    In verse 2:150 Allah says that by instructing them to turn their faces to the sacred mosque (Kaba) He has bestowed a great favor to the Muslims. Maududi explains this favor in this manner: The ‘favour’ here refers to the position of world leadership and guidance from which God removed the children of Israel and which was then conferred upon this ummah.

    The highest reward that can be granted to a people in recognition of its righteousness is its designation, by God’s command, to the leadership of the world in order to guide the entire human race to godliness and righteousness. What is said here, therefore, is that the command to change the qiblah was a sign of installation of the Muslims to leadership. Hence, the Muslims should follow the directives of God if for no other reason than that ingratitude and disobedience might deprive them of the honour that had been bestowed upon them.

    Admin: We believe the above c;early indicates the political nature of Islam.

    See also 

  • The Risala : A Treatise on Maliki Fiqh

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    Summary: 

    'Abdullah ibn Abi Zayd al-Qayrawani (310/922 - 386/996) Translated by Alhaj Bello Mohammad Daura, MA (London) (Including commentary from ath-Thamr ad-Dani by al-Azhari) Abu Muhammad 'Abdullah, a Maliki faqih known as "Shaykh al-Faqih" and "little Malik". He was the head of the Maliki school in Qayrawan. He wrote ar-Risala and an-Nawadir and several other books. (His biography in the Tartib alMadarik)

  • Summary: 

    INTRODUCTION

    (Reliance of the Traveller and Tools of the Worshipper, also commonly known by its shorter title Reliance of the Traveller) is a classical manual of  for the  school of Islamic jurisprudence. Yes, Traveller with two Ls. The author of the main text is , who based his work on the previous Shafi’i works of Imam Nawawi and . This work consists of the soundest positions of the Shafi’i school.

    The book was translated by the American Muslim scholar Shaykh  in 1991 and became the first translation of a standard Islamic legal reference in a European language to be certified by the University of Al-Azhar, Cairo, the Muslim world’s oldest institution of higher learning. (See photo above re certification of Al-Azhar)

    is followed throughout the  and is the official school of thought of most traditional scholars and leading  authorities. It is also recognized as the official school of thought by the governments of  and . In addition, the government of  uses this madhab/mazhab for the Indonesian compilation of  law.

    It is the dominant school of thought of  and .

    It is also practised by large communities in Islamic Republic of Pakistan,  (in the  and ), , the , the  (by ) and Indian States of (most of the ),  ( and Coorg districts) ,  (by ) and . (Wikipedia)

    The purpose of this blog is to show to Muslims and non-Muslims alike what sharia law has been like for the past 1400 years. Since it is immutable, it is also what we can expect to be applied in years to come.

    Not many Muslims know the laws they have unwittingly subscribed to and certainly not many non-Muslims are aware of them. Especially with so many conflicting claims in the media and among society in general as to what sharia actually is, we hope we can enlighten them both.  This is not an academic exercise, just an attempt to share the truth.

    In this sharia manual (r14.0 p 751), the prophet of Islam himself declared that explaining the Koran/Qur’an by personal opinion is ‘in error.’ Also … ‘as for would be exegets who do not know the dimensions of Arabic, the figurative, literal and the types of metaphor, it is not permissible for them to explain it beyond what they have heard, by way of reporting and not actual interpretation .. whoever does not know which verses abrogate others and which are abrogated …  is not safe from error if he interprets the Quran …’

    That is exactly what we are trying to do here. Not giving out personal opinions, but merely showing what sharia law actually says.

    This Reliance is not the only handbook of Islamic law, though it is the most popular. Others are generally less detailed in some matters.  is not as easy to read but it explains the differences between Shafi’ite and Hanifi fiqh.

  • The Hedaya : commentary on the Islamic laws

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    Summary: 

    Please note the copyright has expired on this translation according to Google books.

    This work also outlines the main points of Sharia law: 

  • Summary: 

    In a recent column, I referred to this excellent presentation:  Anyone who has taken the time to read and listen to the words of Muslim clerics and the Muslim Brotherhood fully and clearly understand the number one goal is to take over these united States of America and replace the U.S. Constitution and Bill of Rights with the sickness called Islam. The web site highlighted above gives you the documents to back up what millions of Americans know and are fighting against. .

    Not only are more Americans coming to understand Islam is not a religion, they are coming out and saying what many of us have for years: The Islamic Movement in this country is sedition.

  • Summary: 

    What is Sharia? That depends on whom you ask. In this video, Robert Spencer explains the role of Sharia in orthodox Islam.

  • Summary: 
    • Sharia law, the president at the time of the Australian Federation of Islamic Councils ludicrously argued, far from discriminating against women, "guarantees women's rights that are not recognised in mainstream Australian courts".

    • The Australian Federal Police investigated 69 incidents of forced or under-age marriage in the 2015-16 financial year, up from 33 the previous year. While there are no official numbers, it is estimated that there are 83,000 women and girls in Australia who may have been subjected to female genital mutilation (FGM).

    • The Royal Commission into Institutional Responses to Child Sexual Abuse, which has spent the past four years probing numerous religious organizations, has made no inquiries into Islam. The commission has held 6,500 one-on-one private interview sessions with survivors or witnesses making allegations of child sexual abuse within institutions, but only three sessions in relation to Islamic institutions.

  • Country: 
    United States of America (the)
    News Date: 
    11/05/2017
    Summary: 

    One panelist, a Muslim, stated that apostates and infidels are to be killed or “banished” from a Muslim country.

    The student’s statement has been transcribed here:

  • Summary: 

    Anne Marie Waters talks about the need for an open, nuanced debate about the merits of Islam and her campaign, For Britain.

  • Summary: 

    Anne-Marie Waters gives her argument against Islam being a peaceful religion. 
    SUBSCRIBE for more speakers ► 
    FOLLOW Anne-Marie Waters on twitter @ 

  • Country: 
    Russian Federation (the)
    News Date: 
    06/05/2017
    Summary: 

    Authorities from the predominantly Muslim Republic of Chechnya, an autonomous province in Russia, have threatened parents of gay children, warning them, “Either you kill them, or we we will,” reports , citing testimony from one of the victims of alleged concentration camps for homosexuals operated by the local government.

  • Country: 
    Iran (Islamic Republic of)
    News Date: 
    25/04/2017
    Summary: 

    “Under Sharia law in Iran, homosexuality is punishable by death.”

    But those in the West who call attention to the persecution of homosexuals under Islamic law are excoriated by gay rights activists as racist, bigoted “Islamophobes.” Perhaps they don’t believe that things like this are really happening. Well, they are.

  • Summary: 
    • As bad as this is, there is an even darker side to the story: Under sharia law, the second husband is under no obligation to give his wife a quick divorce – allowing him to keep her as his virtual sex slave for as long as he wishes.

    • If one asks how all of this jibes with British law, the answer is that it does not.

    • The UK-based NGO, Muslim Women's Network, penned an open letter -- with 100 signatories -- to the British government and Home Affairs Select Committee demanding that the Sharia Council be investigated to determine whether its practices adhere to British law. In response, the Sharia Council declared the letter to be "Islamophobic" and accused the Muslim Women's Network of being an anti-Muslim organization.

    • It is British law, not sharia, law that protects Muslim individuals and couples, as it does any other citizen. Contrary to what apologists for this travesty say, the plight of Muslim women should be treated as an issue of human rights.

  • Summary: 

    A video shared by an Islamic organization appears to show Muslim women defending the practice of wife-beating and rallying against portrayals of it being “barbaric.”  the video was shared on Facebook by Hizib ut-Tahrir – a “radical Islamic political movement.”

  • A selection of recent interesting tweets:

    Australian 'Your allowed freedom of speech, within the limits we set'

  • Country: 
    United Kingdom (UK)
    News Date: 
    09/01/2016
    Summary: 
    • Egyptian cleric Fadel Soliman told students to do the hitting with a stick
    • Preacher's one of many extremists permitted to voice views unchallenged
    • Universities are legally required to stop extremists radicalising students
    • Up to 19 universities could now face an inquiry by education watchdog

    •  
  • Most Muslims believe sharia is the revealed word of God

  • Summary: 

    I am most grateful to Anne Marie for granting me permission to record and publish this talk she gave in Leeds on the 29 March 2017 on the subject of the increase of Sharia law in the United Kingdom.
    My own strongly held view on this, which Anne Marie greatly expands upon is that while liberals claim that criticism of Islam 'divides us', in actual fact, the existence of Sharia courts in our country demonstrates that we are already divided by our laws.

  • Summary: 

    My political priorities, post-Brexit, have become very simple. The party that’s most willing and able to stand up to Islam will get my vote.”

    That was a tweet from @meganne121 last week and she is not alone. There is enormous and growing public concern about Islam, and our politicians seem to have no idea. 

    Last year, a  said that 56% of Britons believe Islam is incompatible with the British way of life. They’re right, it is. Note that the public’s concern is with Islam, not fundamentalist or extremist or radical or any kind of ‘ism’, but Islam. The public gets it, the politicians don’t. , 47% of Brits said they wanted immigration from Muslim countries banned. This goes even further than Donald Trump. The people get it, the politicians don’t. 

    If UKIP wants to stand out and offer a real alternative, it can offer what nobody else will – law and order.

  • Country: 
    United States of America (the)
    News Date: 
    31/03/2017
    Summary: 

    Democrats in Montana have banning the use of foreign law in its state courts on the grounds that such legislation would target Muslims.

    Admin: Democrats need to read ECHR on sharia

  • Summary: 
    • Human Rights Watch, an organization that is supposed to look out for victims of human rights abuses, not abusers of human rights is begging US decision makers not to designate the Muslim Brotherhood -- which, if it had its way, would take away everyone's human rights and substitute them with sharia law -- a foreign terrorist organization.

    • "Allah is our objective; the Prophet is our leader; the Quran is our law; Jihad is our way; dying in the way of Allah is our highest hope". — Muslim Brotherhood motto.

    • Conveniently, Hamas -- which according to article two of its charter, is "one of the wings of Moslem Brotherhood in Palestine" -- is, it seems, working on a new charter. The new charter would declare that Hamas is not a part of the Muslim Brotherhood, despite its always having been so. That way, is the Muslim Brotherhood's "narrative" of newfound "nonviolence" suddenly supposed to become believable?

  • Country: 
    Tunisia
    News Date: 
    29/03/2017
    Summary: 

    An alliance of Tunisian human rights groups on Monday called on authorities to scrap a 1973 decree that bans Muslim women from marrying non-Muslims.

  • Summary: 

    Other examples of Islam’s inferior view of women can be cited. However, the above accounts are sufficient to conclude that under Sharia, “men are superior to women” (Q 2:228) and that “Men have authority over women because God has made the one superior to the other, and because they [men] spend their wealth to maintain them [women]” (Q 34:4). Sharia then enjoins upon its adherents a profoundly un-egalitarian ethic, whereby women are deemed inferior to men.

    People who are endeared to the egalitarian-Western principles, particularly those who are Europeans, must fight the proliferation of Sharia ideas in their homeland. But in order to fight a fascistic and misogynistic ideology like Islamism, it is necessary for adherents of egalitarian-Western principles to first understand the motivations of Islamists.

    And, make no mistake, the reasons that Islamists advance for just about everything they do, including their oppression of women, are based almost exclusively on their religious ideology. None of the sources cited above are exclusively political or social in nature—they are religious Islamic sources.

  • Country: 
    Pakistan
    News Date: 
    24/03/2017
    Summary: 

    Three more bloggers were accused of blasphemy on Friday in an Islamabad anti-terrorism court, while elsewhere in the city hundreds of security forces prevented a radical cleric from holding a protest to condemn another five bloggers, who were earlier charged with insulting Islam an offense punishable by death in this Islamic country.

  • Country: 
    Iran (Islamic Republic of)
    News Date: 
    24/03/2017
    Summary: 

    , sentenced to death for “insulting the prophet” of Islam when he was 19-years-old, was tricked into signing his confession, an informed source told the Center for Human Rights in Iran (CHRI).

    Despite the severity of the charge, a court-appointed attorney who failed to defend him properly represented him during his trial, added the source, who requested anonymity for security reasons.

  • Country: 
    Nigeria
    News Date: 
    25/03/2017
    Summary: 

    It is now glaringly evident, the sharp twist of the drifting to religious extremism in the case involving the leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu is fast becoming, following the employment of aspects of the incompatible Sharia law by his trial judge, Justice Binta Nyako, in the argument against masked witnesses coming to testify against Kanu and other three defendants.

  • Country: 
    Nigeria
    News Date: 
    25/03/2017
    Summary: 

    The Indigenous people of Biafra (IPOB), knows the entirety of humanity is aware of the ongoing genocide in Nigeria against Christians who in this case are predominantly Biafrans, but like the "fence-sitter" has decided to stay neutral and watch event as it escalates.

  • Summary: 

    A woman has spoken of her secret marriage to a holy man and said the actions of some of these men are being swept under the carpet within the British Asian community. The woman has said she was the fourth wife of the man who used the Islamic marriage only to satiate his physical appetite. She has made allegations that she would meet him in a car park and when she looked to expose his actions she was threatened by some of his followers. He later divorced her via a WhatsApp message after a ten-month Islamic marriage.

  • Summary: 

    It’s important to talk about the law and to clarify what we mean. If we say “the law” we tend to mean the law of the land. So if I’m in Britain and I say “the law”, I mean British Law, the law that governs Britain.

    Upon questioning about the presence of sharia law in the UK, the government response has essentially been that there is no sharia law in the UK. What this means is that because sharia law does not have the weight of state behind it, i.e. the state does not enforce sharia law, there is no sharia law. But there is.

    Sharia is not ‘the law’, but it is a set of laws. Sharia law exists in an objective form, as a set of laws, and is adhered to across the world – often imposed by islamic nation states. Just like membership of an association obliges us to obey the laws of that association, sharia law, for many, is to be obeyed in order to be a devout Muslim. Vast numbers of Muslims take that requirement very seriously.

    It’s unfair to claim that sharia law is always a choice, for many it isn’t. Apostasy is widely condemned in even the most ‘moderate’ Muslim communities, and people take great risks if they question Islam. But even if sharia was a choice, even if an individual does choose sharia law, should they be able to in the UK? Should that choice be available? The answer has to be no. Sharia, or other sets of laws, should not be available for use if they run contrary to the law of the land.

  • Summary: 

    Since Sharia is the compilation of the laws of Islam, and is looked upon as the final word for every single aspect of life, what does it say about homosexuality, the status of women, and the rights of non-Muslims living in Islamic countries? I am quoting from the best English translation of Sharia law in print today: The book is  by noted Islamic scholar Ahmed ibn Naqib al-Misri.

    Some may wish to compare Sharia with the Law of Moses in the Old Testament and claim that Christians wish to enforce the same kind of code today.  However, the New Testament does not insist upon the wholesale enforcement of the civil and religious aspects of the Law of Moses, as can be seen in the operations of the emerging Christian Church in the Book of Acts.  I will deal with the purpose and fulfillment of the Law of Moses in Christian theology in an upcoming article.

  • Summary: 

    Nuh Ha Mim Keller translated Reliance of the Traveler from Arabic into English. In the section entitled manumission (which is about all of slavery, not just about freeing slaves as the title would suggest), Keller did not translate sections K32.1, 32.2, 32.3 and 32.4. He wrote “the following four sections have been left untranslated (into English) because the issue is no longer current…” To his credit, he left the Arabic text in the book. With the increasing importance of the Shariah throughout the world, it should all be translated. After all, it is not clear that groups like ISIS consider any section in Islamic Sacred Law “not current”.

    I looked on the internet for a reliable translation of these portions of the Shariah but was unable to locate one. Therefore I asked for help from some Arab friends and they provided the following:

    K32.1 Women and children of the land that has been conquered are considered booty of the war and they are considered slaves. Everything belongs to the Imam first and after he takes a fifth of the booty the rest is given to the soldiers who were involved in the war. If the slave becomes a Muslim this conversion does not set him free and he will stay a slave. Captivity is the absolute consequence of Muslims war with non-Muslims and is not exclusive to elementary Jihad or defensive Jihad, even in the presence of the prophet or Imam and with their permission. If Jihad was done without the permission of prophet or Imam, all the booty is given to the Imam.

    K32.2 If the father and mother were brought as slaves all the children are considered slaves. Being a slave is inherited from parents to child. If the parents convert to Islam the children will still be slaves, and they belong to the owner of their family. The master can sell the children to someone else without the parents’ consent. Male slaves and female slaves are considered the property of their master and he is allowed to treat them the way he wants. The satisfaction of the slave does not matter. The slave is responsible to keep his/her master satisfied. The slave eats, drinks and wears whatever the master decides and must live where the master says. He/she should clothe him/herself the way the master decides and speak and behave the way the master says.
    K32.3 The master who owns a woman slave can use her in any way for his sexual pleasure; he can marry her if he wants. In intercourse the satisfaction of the female slave is not important at all. The female slave does not have to be Muslim convert. Even if she is pagan the sexual intercourse is Halal (permissible). A female Muslim is not allowed to have sexual relation with her slave without marriage. The male slaves are considered “mahram (impermissible, taboo)”.  The Koran has emphasized this point. The Mola (Master) not only has the right to marry his female slave without her consent but he is also allowed to lend her to another man without her consent to have sexual intercourse without marriage. He also has the authority to marry her to one of his male slaves.

    K32.4 The master is allowed to cancel the marriage of his male and female slaves without “Talagh (divorce)”. It is enough for the master to order them to separate and they must obey. The female slave does not have to hide her hair, neck and head while saying Muslim prayer “Namaz “. The Hijab of the female slave must be different from those of the wife and daughters of the master.

    There are other portions which Nuh Ha Mim Keller did not translate, including e1.6, e1.18, e6.5, e7.7, e10.2, e12.4, e12.11-13, e14.4, e14.8, f2.4, f4.6, f4.13, f5.9, f6.4, f8.4, f8.8, f8.26, f14.7, h2.3, h2.8, h3.8, i3.7, k4.6, k5.8, k7.4, k16.4, k23.1, k24.1, l10.7, m3.5, m3.14, m6.4, m6.6, m6.11, m7.3, m10.11, m11.15, n3.6, n4.2, n4.4, n8.2, n8.4, n9.4, n9.12, n9.20, n10.1, o3.7, o3.11, o5.3, o12.3, o13.10, o19.2, o19.4, o20.3. We will translate these as we are able in the future.

  • Country: 
    Indonesia
    News Date: 
    13/04/2016
    Summary: 

    An elderly Christian woman has been caned in Indonesia, the first time a Sharia law punishment has been meted out to a non-Muslim. The 60-year-old, who was convicted of selling alcohol, was whipped nearly 30 times with a rattan cane, before a crowd of hundreds, in Aceh province on Tuesday, according to reports.

  • Summary: 

    Sharia law can vary on application, but common ground is found in the use of severe criminal punishments and the abhorrent treatment of the female half of humanity.  These things are mutual to such otherwise diverse nations as Saudi Arabia, Iran, and Sudan.

    Those who seek an Islamic state (i.e. a state governed by sharia law) are known as Islamists, and the power of the Islamist is intensifying, including here in Britain.  In our country, the Islamist gains his political power via his authority in personal and family matters.  Islamists in Britain run a vast network of sharia family law tribunals which hand down rulings on all kinds of issues from domestic violence to child custody.  Many of the men who run these bodies are known Islamists and jihadis.  They believe, as do fellow Islamists across the world, in the destruction of democracy and the installation of sharia, and we are inadvertently assisting them.

    As Tony Blair said recently, there is a strange reluctance to confront the Islamist movement, no matter what form it takes.  Here in Britain, and across the west, not only do we fail to confront it, but we have cloaked it in a veil of legitimacy, sanctioned it, and given it oxygen, partly through our mistaken policy of multiculturalism.

  • Country: 
    Mali
    News Date: 
    02/03/2013
    Summary: 

    According to Gao residents, the victims of sharia punishments were from Mali's black African ethnic groups, while the jihadis were mostly lighter-skinned Arabs – both Malian and foreign – and Tuaregs. Aliou Muhammar Touré, of the Songhai tribe, was one of the few black Malians to join MUJAO. "If you are a Tuareg or Arab, or if you look like them, they don't threaten you," said Alzouma, the amputee, who is from the Bella, the group traditionally used as slaves by the Tuareg.

  • Country: 
    United Kingdom (UK)
    News Date: 
    12/03/2017
    Summary: 

    A Muslima twerking while wearing a hijab is direspecting Islam. Threatening a girl with death for twerking in hijab? Highly respectful to Islam.

  • Country: 
    Abu Dhabi
    News Date: 
    12/03/2017
    Summary: 

    We are constantly assured in the West that Sharia applies only to Muslims, not to non-Muslims. Reality, as is so often the case in such matters, is different.

    “CRIME OF PASSION Couple are imprisoned in Abu Dhabi for sex before marriage after doctors discovered bride-to-be was PREGNANT,” by Brittany Vonow, , March 9, 2017:

  • Compatibility of Sharia law with the ECHR: can States Parties to the Convention be signatories of the ‘Cairo Declaration’?

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    2.1. Sharia law

    5. For the purposes of this study, it is essential to define Sharia law, its sources, its legal force and its problematic aspects in terms of the European Convention on Human Rights.

    6. Sharia law is understood as being ‘the path to be followed’, that is, the ‘law’ to be obeyed by every Muslim. It divides all human action into five categories – what is obligatory, recommended, neutral, disapproved of and prohibited – and takes two forms: a legal ruling (hukm), designed to organise society and deal with everyday situations, and the fatwa, a legal opinion intended to cover a special situation. Sharia law is therefore meant in essence to be positive law enforceable on Muslims. Accordingly, it can be defined as ‘the sacred Law of Islam’, that is, ‘an all-embracing body of religious duties, the totality of Allah’s commands that regulate the life of every Muslim in all its aspects’.

    2.1.1. Sources

    7. The prescriptions of Sharia law originate in the Qur’an, held to be a work that is ‘perfect and unchangeable’. 6 The Qur’an constitutes the primary source of law and consists of 114 surahs or chapters, themselves divided into 6,219 verses, which are sentences or groups of sentences expressing one or more revealed thoughts. 7 However, an Islamic exegesis (tafsir) of the Qur’an is necessary for abstruse passages, and this has given rise to a number of schools.

    8. The Sunna, the traditions and practices of the Prophet, is another original source, relating the religious deeds and sayings of the Prophet Muhammad as narrated by his disciples (Sunni branch) or by the imams (Shia branch).

    9. In addition to these two basic texts of Islamic law there are secondary sources such as consensus (ijma‘), analogical deduction (qiyas) and individual reasoning based on the general principles of Islam (ijtihad), which have produced a plethora of interpretations. Added to these are spontaneous sources such as local custom (‘urf) and judicial practice (‘amal).

    10. Fiqh, the temporal interpretation of the rules of Sharia law, brings together all the rules that had been systematised by the end of the fifth century after the Hijra. There are various schools of Islamic jurisprudence. They include the four Sunni schools: the Hanafi school of Abu Hanifa, the Maliki school of Malik ibn Anas, the Shafi‘i school of Muhammad ibn Idris al-Shafi‘i and the Hanbali school of Ahmad ibn Hanbal. There are at least two main Shia schools: the Ja‘fari and the Zaydi.

    2.1.2. Legal nature

    11. While most States with Muslim majorities have inserted a provision referring to Islam or Islamic law in their constitutions, the effect of these provisions is symbolic or confined to family law. Admittedly, these religious provisions may have a legal effect if raised in the courts and a political effect if they intrude into institutional attitudes and practices. 9 However, the authority of Sharia law is derived directly from the Qur’an, and traditional Islamic law contains no effective provisions concerning its position in the pyramid of norms. 10

    2.1.3. Sharia law: problematic rules in relation to the European Convention on Human Rights

    12. In this study I shall be looking at the general principles of Sharia law in relation to the European Convention on Human Rights and particularly Article 14, which prohibits discrimination on grounds such as sex or religion and Article 5 of Protocol No. 7 to the Convention, which establishes equality between spouses in law. In this context, reference should also be made to other provisions of the Convention and its additional protocols – such as Article 2 (right to life), Article 3 (prohibition of torture or inhuman or degrading treatment), Article 6 (right to a fair trial), Article 8 (Right to respect for private and family life), Article 9 (freedom of religion), Article 1 of Protocol No. 1 (protection of property) and Protocols Nos. 6 and 13 prohibiting the death penalty. Here we shall find some problematic features that warrant further analysis.

    13. In Islamic family law, men have authority over women. Surah 4:34 states: ‘Men have authority over women because God has made the one superior to the other, and because they spend their wealth to maintain them. Good women are obedient. They guard their unseen parts because God has guarded them. As for those from whom you fear disobedience, admonish them and forsake them in beds apart, and beat them. Then if they obey you, take no further action against them. Surely God is high, supreme.’ While wives clearly have a duty of fidelity, husbands do not. In Sharia law, adultery is strictly prohibited. Legal doctrine holds that the evidence must take the form of corroborating testimony from four witnesses15 to prove an individual’s guilt. These witnesses must be men of good repute and good Muslims. The punishment is severe and degrading, namely ‘a hundred lashes’. In the case of rape, which is seldom committed in public before four male witnesses who are good Muslims, punishing the rapist is difficult if not impossible. In practice, this obliges women to be accompanied by men when they go out and is not conducive to their independence. While divorce by mutual consent is enshrined in Islamic law, the application has to come from the wife, since the husband can repudiate his wife at any time. There is also the question of equal rights with regard to divorce arrangements such as custody of children.

    14. For division of an estate among the heirs, distinctions are made according to the sex of the heir. A male heir has a double share, whereas a female heir has a single share. The rights of a surviving wife are half those of a surviving husband.

    15. In criminal cases, cruel, inhuman and degrading punishments are authorised by Sharia law, including death by stoning, beheading and hanging, amputation of limbs, and flogging. Apostasy results, firstly, in the apostate’s civil death, with the estate passing to the heirs, and, secondly, in the apostate’s execution if he or she does not recant. Lastly, non-Muslims do not have the same rights as Muslims in civil and criminal law, which is discrimination on the ground of religion within the meaning of Article 14 of the Convention.

  • Summary: 

    Is Sharia compatible with Human Rights? This concrete question is more and more important in Europe, particularly for women, and the Parliamentary Assembly of the Council of Europe (PACE) has tried to answer it.

    Indeed, among the large Europe, there are territories where the sharia (or “Islamic law”) is applied. This raises a problem in view of Human Rights, in so far as these States are members of the European Convention on Human Rights (ECHR) and at the same time they apply or respect an Islamic justice opposed to the Universal Declaration of Human Rights (UDHR) and the ECHR.

    Three member countries of the Council of Europe have ratified both the European Convention on Human Rights and the Cairo Declaration, which is a declaration of Human Rights compatible with the sharia. These countries are Albania, Azerbaijan and Turkey. One must add that the Russian Federation and Bosnia and Herzegovina have not signed the Cairo Declaration but are members observers of the Organization of the Islamic Conference and they have signed the ECHR.

    This Cairo Declaration of 5th August 1990 stipulates inter alia that “Islam is the religion of unspoiled nature”. It does not contain a right to freedom of religion, does not confirm the equality before the law of all men regardless of their religion, and finally Article 25 stipulates that “The Islamic Shari'ah is the only source of reference for the explanation or clarification of any of the articles of this Declaration”.

    Some of the principles stated in the Islamic law contravene the principles which are recognized as Human Rights, and first of all, freedom of religion. According to the sharia, a Muslim does not have the right to change his religion to another religion or to atheism. If he does so, he is an apostate, which generates his civil death (opening of his succession) and deserves a death penalty.

    The Grand Chamber of the European Court of Human Rights had the opportunity to give an answer to that question of compatibility in 2003: it “concurs in the Chamber’s view that sharia is incompatible with the fundamental principles of democracy, as set forth in the Convention.

    , the PACE will establish in the next few months a report on these incompatibilities, determine on which territories of members of the Council of Europe the sharia is applied and what consequences are to be drawn from it.

    Mrs Meritxell Mateu (ALDE, Andorra) was the rapporteur of the Commission before she left the PACE. She wrote  under this procedure. This note defines sharia as follows:

    Sharia law is understood as being ‘the path to be followed’, that is, the ‘law’ to be obeyed by every Muslim. It  divides  all  human action into  five categories–what  is obligatory, recommended, neutral, Disapproved of and prohibited –and takes two forms: a legal ruling(hukm), designed to organise society and deal with everyday situations, and the fatwa, a legal opinion intended to cover a special situation. Sharia law is therefore meant in essence to be positive law enforceable on Muslims. Accordingly, it can be defined as ‘the sacred Law of Islam’, that is, ‘an all-embracing body of religious duties, the totality of Allah’s commands that regulate the life of every Muslim in all its aspects’.”

    Besides the different international instruments written and ratified by Muslim countries, the Rapporteur highlighted the members States of the Council of Europe in which sharia law is being applied, more or less legally: Greece, the United-Kingdom, Russia and Turkey.

  • Country: 
    Greece
    News Date: 
    10/04/2015
    Summary: 

    Some might be surprised that Islamic law should be enforced in a country under Greek Orthodox influence, where church and state are officially separate. In fact it is a throwback to the troubled relations between Greece and Turkey. After more than four centuries of Ottoman occupation, Greece regained its independence in the early 19th century.

  • Summary: 

    The attempts by European Muslims to enforce sharia have not been diminished by the European Court of Human Rights affirmation that “sharia is incompatible with the fundamental principles of democracy.” In Refah Partisi v. Turkey, in 2003, the court reasoned that sharia diverged so much from Western principles “particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervenes in all spheres of private and public life in accordance with religious precepts.”

  • Summary: 

    Sharia law fundamentally undermines the rule of law in this country and represents a division of rights among racial and religious lines. Muslim women and the children of Muslim parents are particularly vulnerable under this system and our society has a responsibility to protect them.

    In sharia law, a woman's word is worth half of that of a man. Child custody is awarded to fathers regardless of the circumstances of the case. A man can obtain a divorce by repudiation whereas it is extremely difficult for women to show grounds for divorce, even if abuse or violence has been proved.

    The European Court of Human Rights in Strasbourg has stated: "The Court concurs in the Chamber's view that sharia is incompatible with the fundamental principles of democracy, as set forth in the Convention".

    We regard it a national scandal that the UK government tolerates, respects, or in any way accommodates a legal system which discriminates so openly against women and children, and we believe it to be a threat to community cohesion and the legal and political equality of all women. As recent legal rulings have shown, religious freedom does not – and should not – include the freedom to overrule the fundamental human rights of others.

  • Sharia Law and English Law Comparison

    Image: 
    Summary: 

    A Comparison Table of Shari’ah Law and English Law prepared by Sam Solomon and Kathryn Wakeling of CCFON for the Debate on 4th June 2009 Regarding the Oral Question Posed by The Rt. Hon. the Lord M. Pearson of Rannoch

  • Country: 
    United Kingdom (UK)
    News Date: 
    22/02/2017
    Summary: 

    A devout Muslim who said he had been married under Sharia law and could not be divorced in UK has lost a High Court fight.

    The man's wife, who has dual British and Pakistani nationality, had issued a petition for divorce in England.

    But the man said divorce could only be approved in Pakistan.

    A judge has dismissed his claim after a hearing in the Family Division of the High Court in Birmingham.

    Mr Justice Francis said the woman lived in England and had a right to seek a divorce in England.

  • Country: 
    Malaysia
    News Date: 
    20/02/2017
    Summary: 

    “Critics of the bill warn that it could pave the way for full implementation of hudud, which prescribes punishments such as amputations and stoning, and disrupt the fabric of Malaysia’s multi-cultural and multi-religious society. ‘The so-called “empowerment” of the Shariah Court will only exacerbate the unequal treatment of Muslims and non-Muslims before the law,’ said Bebas, an NGO that organized a smaller counter-rally.” “No official figures were available on how many people attended Saturday’s peaceful support rally in Kuala Lumpur, but estimates were in the tens of thousands.”

  • Summary: 

    Can a healthy, harmonious multicultural society tolerate private legal systems? Not if that means the subjugation of women in abusive and indeed dangerous marriages, a form of imprisonment in all but name sanctioned by their local religious leaders. As this newspaper reports again, the reality of sharia in some communities means precisely that. Sharia “judges” refuse to take the rights and complaints of women seriously, and, in some examples cited by researchers, fail to recognise the validity of a ruling of divorce made in a British court. Hence the subsequent oppression, which has too often shaded into violence and domestic slavery. Campaigners are calling on David Cameron to ban the use of religious arbitration in family matters.

  • Summary: 

    Australia does not welcome sharia law. It violates the Australian Constitution. It would send Western civilisation back to the Dark Ages. It chains freethinking women to a set of absurd laws ­derived from the misogynistic prophet, Mohammed. It denies the right to criticise Mohammed’s half-witted notions because freedom of speech is only permitted in ­accordance with ­Islamic law. Islamism is a woman-hating, freedom-negating ideology whose most barbaric prin­ciples are codified in sharia law.

  • Country: 
    Malaysia
    News Date: 
    19/02/2017
    Summary: 

    Christians in Malaysia are becoming increasingly concerned about attempts to give Islamic courts more power and the ability to impose prison time of up to 30 years. The country's Pan-Malaysian Islamic Party (PAS) is trying to strengthen the position of Sharia law in the multi-cultural society. Around 60 per cent of the nation are Muslim, 20 per cent Buddhists, 10 per cent Christians and 6 per cent Hindus.

  • Country: 
    United Kingdom (UK)
    News Date: 
    29/01/2007
    Summary: 

    A growing minority of young Muslims are inspired by political Islam and feel they have less in common with non-Muslims than their parents do, a survey reveals today. The poll, carried out for the conservative-leaning Policy Exchange thinktank, found support for Sharia law, Islamic schools and wearing the veil in public is significantly stronger among young Muslims than their parents. 

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