Islamic Law - Comparative Law - Lecture Slides, Slides of Law

Download Islamic Law - Comparative Law - Lecture Slides and more Slides Law in PDF only on Docsity! Comparative Law Islamic Law Docsity.com Meaning of Islam • The word Islam means submission or surrender to Allah’s will. • Over 1.2 billion Muslims worldwide (around 20% of world’s population). • 19 nations have declared Islam in constitutions • 35 nations have over 50% Muslims and another 21 have large Muslim populations Docsity.com Five Pillars of Islam • Faith or belief in the Oneness of God and the finality of the prophethood of Muhammad; • Daily prayers five times per day; • Concern for and almsgiving to the needy zakah; • Self-purification through fasting in month of Ramadan (daylight hours); • The pilgrimage to Mecca for those who are able hajj. Docsity.com What are the two main branches of Islam? Docsity.com 2 Main Branches • Sunni branch (90% of Muslim world) – believe that first four caliphs (Mohammed’s successors) rightfully took his place as leaders of Muslims. • Shiite branch – believe that only the heirs of the fourth caliph, Ali, are the legitimate successors of Mohammed. Believe in divine appointment of a leader or Imam Docsity.com Shari’a • What is Shari’a? It means the “way” or “path to follow” and is the body of Islamic law. Applies only to Muslims • Substance of shari’a is found in Fiqh (Fikh) meaning “understanding” – it is the inferences drawn by scholars as opposed to the shari’a principles that lie behind it. Docsity.com Shari’a • Comprehensive nature of the shari’a law is based on belief that law must provide all that is necessary for physical and spiritual well-being of a person. No separation of Church and State • Possible actions of a Muslim can be: obligatory, meritorious, permissible, reprehensible, forbidden Docsity.com Sources of Islamic Law • Koran – sacred book, literally “the Reading” (a source for both Sunnis and Shiites) Docsity.com Elimination of Ijtihad • What is ijtihad • How/When was the door closed? Docsity.com Elimination of Ijtihad • What is ijtihad? = Endeavour or effort • How/When was the door closed? informally Docsity.com What is the Role of the individual in Shari’a • Is there concern for the individual person? • Does shari’a guarantee equality? • Is there a tradition of human rights in islamic law? Docsity.com Judges in Islamic Law • Common myth – that no judges. • Historically Islamic judge (Qazi or Qadi) was a legal secretary appointed by provincial governments. Now selection of judges varies in different countries Docsity.com Shari’a, Crime and Punishment • Deterrent punishments • Some of the most serious crimes have harsh fixed punishments stated in Koran (hadd crimes against God’s law), e.g. murder, apostasy from Islam, theft, adultery • Tazir crimes lesser crimes against society do not have fixed punishments • Quesas crimes – where victim hasthe right to seek retribution and retaliation • Much variety in criminal laws in different countries Docsity.com Dietary Laws • Muslims can only eat meat that has been slaughtered in name of God in a particular way and meets stringent dietary requirements (halal) • Cannot eat pork Docsity.com Islamic Property Law • Similar to western law in recognizing private property and state property • What is the waqf? • What is the zakat? Docsity.com Islamic Law of Obligations and Commercial Law • How does ethic of zakat influence Islamic commercial law and law of obligations? Docsity.com Islamic Law of Obligations and Commercial Law • Also has ethic of zakat • Consensual law of contract • Corporate personality, prohibition of riba (interest or usury) some insurance contracts not permitted due to disproportionate return to insured without assumption of risk and speculation Docsity.com Change and Islamic Law • Can change occur? • If so, how? Docsity.com Jihad • What does the word mean? • How aggressive can it be? • To what extent do the dhimmi limit an aggressive form of jihad? Docsity.com