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Islamic law jurisprudence quiz
Short note on Islamic Law
Short note on Islamic Law
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Comparative Criminal Justice System
Criminal Law has and will continue to be a fluid and ever-changing aspect of humanity, and yet the distinctive base of religious belief is still a foundation for a variety of laws today. While the separation of church and state is in effect, history states a wide range of laws have been established based on religious beliefs and ideals, the Bible for one, and currently the Qur’an, which is the basis for Islamic Law. It is the only true form of law in the present time that is not backed by a Government because it is a form of law based completely on religion. The two primary sources of the Islamic Law stem from the Shari’s and the Sunnah, the Shari is the law defined by God, or Allah, and told directly to Gods’ prophet on Earth, Muhammad. The Sunnah, the second factor in Islamic Law deals with the issues not addressed in the Qur’an, yet is still in the word of the Prophet. “In a few Islamic countries, including Iran, Saudi Arabia, Pakistan, and Sudan, it is proclaimed as the basis for all law, including the harsh Islamic criminal law based on the ideal of retribution” (Fairchild & Dammer 2001 P. 61). Also stated in the text Comparative Criminal Justice Systems by Fairchild and Danner is the four distinct types of schools in the belief of Islamic Law:
“There are four major schools of Islamic Law, derived from religious leaders living in different areas and facing different problems in the two centuries following the death of Muhammad. These schools are Hanafi, Hanbali, Maliki, and Shafi’i. The main differences between these schools are in matters of emphasis, whether on tradition, judicial reasoning, or the elaboration of the Qur’an” (2001 P.62).
Therefore in the following paper the obj...
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...w, but in Afghanistan it is just the opposite it is difficult to try to change Islamic Law especially in a country where many individuals truly believe in Islamic Law. Islamic law does not exist in very many countries but in Afghanistan those who follow the Islamic laws keep it alive and well which will make it difficult for the government if they wish to change anything within the Islamic laws of Afghanistan.
References
Dammer,Harry R. & Fairrchild, Erika. (2001). Comparative Criminal Justice Systems. (2nd Ed.)
Wadsworth/Thomson.
Lau, Martin. (2008). Islamic Law and the Afghan legal System. Retrieved on December 12, 2008
From:
http://unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN018244.pdf
Reiber, Ney. (2008). Islamic Law, Shariah. Retrieved on December 12, 2008 from:
http://www.bible.ca/islam/islam-kills-islamic-law-shariah.htm
The society of the Taliban is almost a polar opposite of that in the United States. The group looks at women as having little to no rights and believes that their holy book, the Quran, gives reasoning to the roles of women as virtually sexual objects in their society. Their political leaders were not elected into their positions, but took them by force. It operates fifteen courts of law in Southern Afghanistan in the...
On September 27th, 1996, the extremist militia, the Taliban, seized control of the capital city of Afghanistan, Kabul. Up until that day, women and girls in Afghanistan could go to school, work, and walk freely. Then the Taliban issued decrees banning woman and girls from receiving education, entering the workforce or leaving their homes without a close male relative as an escort, wearing a burqa. The Taliban violently plunged the occupied territories of Afghanistan into a brutal state of gender apartheid in which women and girls have been stripped of their basic human rights. The Taliban claims religious reasoning behind this gender apartheid, using the Muslim faith as their backing, though many critics denounce this logic, saying that The Qur'an condones no such thing. Woman in Afghanistan have become but a shadow of real people. Not only can they no longer enter the workforce or attend school, they cannot choose what they wish to wear, or call to friends in public for fear of being beaten, stoned or killed. The female sex has truly been enslaved by the Taliban, however what rarely comes to light, is that males in Afghanistan have also had strictures of dress and conduct imposed on them. These conditions have roused quite a varied response from the Western World. Western-born Muslims who practice Islam identify with some of the Taliban's strictures, even wearing the burqa or hajib in Canada. Others who do not know the Muslim faith, are outraged that woman can be subjugated so completely and that the rest of the world can sit back and watch it happen complacently. Human rights atrocities are committed towards women everyday by the Taliban in the name of their religio...
Overall, Islam and Gender is a valuable addition to the field of ethnography by examining the everyday struggles, experience, and involvement of women within the Islamic law. Hosseini targets a Western audience and hopes to leave them with a better understanding of the Islamic judiciary system and Iranian feminism. She successfully provides her readers with an unprejudiced account of the shari’ah and family law, and even includes the ideologies of those opposing her personal beliefs. Hosseini specifically requests Muslim women to take a stand develop their own local, Islamic feminist movement and openly advocates new discourse within Islamic jurisprudence.
Burns, Thomas J. "Islam." Religion and Society. OU Campus' Dale Hall, Norman. 14 Apr. 2014. Lecture.
Travesties are committed against women every day, in every country, in every city, town and home. In Afghanistan women are not only discriminated against, they are publicly reduced to animals. Women are deprived of basic human rights: they are not allowed to travel outside their homes without being completely covered by the traditional shroud-like burqa; they are not allowed to speak or walk loudly in public; they are not allowed to laugh or speak with other women; they are not allowed to attend school nor work; they are expected to be invisible; they are the ghosts of what were once educated, notable, and successful women. With their ruthless and extreme laws, the Taliban have effectively removed the physical presence of women in Afghanistan. The Taliban have stolen the very souls of these women and have turned them into the “living dead” of Afghanistan. The Taliban’s harsh restrictions and extreme religious laws have tainted the freedoms and basic human rights of the once valued and prominent women of Afghanistan.
Across the world there are countless religions, new and old, each having their own unique traditions and laws that believers abide by. As defined by World History, Sharia, the Arabic word meaning “the path” or “the way”, alludes to traditional Islamic law. (Ellis, Esler, and Beers, 255) Sharia originates within the Koran, the holy book of Islam, which Muslims consider the unaltered word of God. Along with the Koran, Sharia is derived from the teachings and examples set by the Islamic prophet, Muhammad, who Muslims view as the perfect man of faith. Muslims believe that God revealed his true conviction to Muhammad, who in turn was to spread the commands of God through the Koran. Between Muhammad’s death in the seventh century and leading up to the tenth century, many Islamic scholars worked to understand Sharia in its entirety, and apply it to the rapidly expanding Muslim Empire of the time (Dunn, 57). Sharia played a key role in uniting the Islamic Empire by serving as the precedent which dictated laws concerning both private and public behavior.
In Stephen Chapman’s essay, “The Prisoner’s Dilemma”, he questions whether the Western world’s idea of punishment for criminals is as humane as its citizens would like to believe or would Westerners be better off adopting the Eastern Islamic laws for crime and punishment. The author believes that the current prison systems in the Western world are not working for many reasons and introduces the idea of following the Koranic laws. Chapman’s “The Prisoner’s Dilemma” is persuasive because of his supporting evidence on the negative inhumane impact from the Western form of criminal punishment and his strong influential testament to the actions used by Eastern Islamic societies for crimes committed.
The Islamic tradition, as reflected in Naguib Mahfouz’s Zaabalawi, has over the course of history had an incredible impact on Arab culture. In Mahfouz’s time, Islamic practices combined with their political relevance proved a source of both great power and woe in Middle Eastern countries. As alluded to in Zaabalawi, Mahfouz asserts the fact that not all Muslims attain religious fulfillment through this common tradition, and other methods outside the scope of Islam may be necessary in true spiritual understanding.
The spreading of belief allows the prophet to gain followers and eventually establish traditions which surround religion, whether it be holidays, ceremonies, or even the manner of death in some extreme cases. Based off the traditions established by these religions, societies soon formed and grew while strictly following the word of god, which, in modern days, has been collected into a single collective book. Three books exist between the religions. The Torah for Judaism, the Bible for Christianity, and the Qur’an for Islam. These books detail a certain creed or code through the use of anecdotes and parables, but are generally boiled down to a list which can vary in size from Christianity’s Ten Commandments to Judaism’s 613 laws, regardless of the rhetoric displayed in the enormous amount of pages written throughout the three texts. These laws are generally simplistic and followable without much thought, unless of course if one is a philosopher, in which case there is always room for questioning. However, Judaism in particular, having 613 separate laws, becomes very specific in their laws which range from what to eat when all the way up to what kind of punishment a man should receive if he has been caught committing a crime. Some of the harsher laws have been repealed or amended, but ascetic courts still exist in closed Jewish society, with some places still following Jewish law to a T (however this practice is rare outside of middle eastern communities where Judaism rules.) And since the topic of Judaism is fresh on the mind, it shall be the first detailed separately from the others.
Since the beginning of time, women have had to fight rigorously for basic human rights. In the western stratosphere, those human rights were achieved in the early 20th century, but in a lot of eastern countries the battle for the women is just beginning, or worse hasn't even started. Women in Afghanistan have been subject to heinous circumstances, even though their religion, Islam "demanded that men and women be equal before God,"(Qazi). Khaled Hosseini's The Kite Runner offers a very insightful view of the governing politics of Afghanistan pre-Taliban regime and during the Taliban regime, and the differing situation of women in both those eras. Based on the book and outside research, it is evident that the situation of women in Afghanistan has decreased with time, due to cultural beliefs, as well as the Taliban regime.
There are many similarities and differences between Judaism, Christianity and Islam. There are also many differences that separate the three major religions of the world. This paper will delve into all three of them.
G. Esposito, John L (2002) Islam; What Everyone Should Know. New York. Oxford University Press Inc.
In this book , Esposito provides a succinct, up-to-date survey of the Islamic experience, an introduction to the faith, belief, and practice of Islam from its origins to its contemporary resurgence. He traces the emergence and development of this dynamic faith and its impact on world history and politics. He discusses the formation of Islamic belief and practice (law, theology, philosophy, and mysticism), chronicling the struggle of Muslims to define and adhere to their Islamic way of life. Equally important is the essential information Esposito provides on the contemporary world of Islam, from Muslim responses to the challenges of colonialism and modernization to the reassertion of Islam in politics and society.