1957 Jerusalem MUSLIM LAW IN ISRAEL Rare BOOK Hebrew ENGLISH Arabic SHARIA COURT

Description: DESCRIPTION : Up for auction Is a RARE Israeli LAW BOOK , Namely "MUSLIM LAW IN ISRAEL" ( Including "An Introduction to Muslim Law" and "Basic Principles and Laws" ) which was published in 1957 in Jerusalem Israel. Written in Hebrew, English and Arabic. Original cloth HC . 8.5 x 5.5 " . 315 pp . Very good condition. Tightly bound. Inner clean. Cloth cover somewhat faded and stained. ( Pls look at scan for accurate AS IS images ) Book will be sent inside a protective packaging . PAYMENTS : Payment method accepted : Paypal & All credit cards. SHIPPMENT : Shipp worldwide via registered airmail is $ 29 . Book will be sent inside a protective packaging . Will be sent around 5-10 days after payment . Israeli law is based mostly on a common law legal system, though it also reflects the diverse history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under Ottoman, then British sovereignty), as well as the legal systems of its major religious communities. The Israeli legal system is based on common law, which also incorporates facets of civil law. Israel does not have a formal Constitution, despite the assertion in the Israeli Declaration of Independence that one would be written.[1] Statutes enacted by the Knesset, particularly the Basic Laws of Israel (Hebrew language: חוקי היסוד, ḥŭḳḳēi ha-yyǝsōd), provide a framework which is enriched by political precedent and jurisprudence. Foreign and historical influences on modern-day Israeli law are varied and include the Mecelle (Hebrew: מג'לה; the civil code of the Ottoman Empire) and German civil law, religious law (Jewish Halakha and Muslim Sharia; mostly pertaining in the area of family law), and British common law. The Israeli courts have been influenced in recent years by American Law and Canadian Law[2] and to a lesser extent by Continental Law (mostly from Germany).[3] Contents [hide] 1History 2Israeli court system 3See also 4References 5Bibliography 6External links History[edit] This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (October 2010) (Learn how and when to remove this template message) Some aspects of Turkish Ottoman law still remain today, such as placing personal status and marriage law in the hands of the religious courts. Also the Turks adopted the Napoleonic Land Registration system, through a successive Block and Lot entries[clarification needed]. Many Turkish land laws remain in force. Britain, which was given a League of Nations mandate to govern Palestine, implemented the Common Law system, except for the jury system. Legal precedents in torts and contracts were borrowed from England, and certain legal areas were codified in order to assure legal certainty. Thus the Penal Code in Israel was practically the same as those used by the British in India or other colonies and territories. Upon Independence, a Bill of Independence was signed as a manifesto for the new State. While it was drafted as a universal and democratic declaration capturing noble ideas prevalent at the time, it is non-binding, although has occasionally been used as a guiding tool by the courts. With the establishment of the state, English law as it was on the date of independence remained binding, with post-1948 English law developments being persuasive and not binding. This was enabled by the first legislative act of the Provisional State Council, which enacted a reception statute as part of the "Law and Administration Ordinance" published on 19 May 1948, four days following the Declaration of Independence.[4] Since independence the young State of Israel was eager to gain recognition in the international arena by joining international treaties, and participating heavily in the negotiations of international treaties, e.g., the Warsaw convention. During the 1960s there was a rush to codify much of the Common Law in areas of contracts and torts. The new laws were a blend of Common Law, local case law, and fresh ideas. In 1977 the Knesset codified the penal code. Since the 1990s the Israeli Ministry of Justice, together with leading jurists, has been laboring on a complete recodification of all laws pertaining to civil matters. This new proposed civil codex was introduced in 2006, however, its adoption through legislation is expected to take many years, if not decades. Israeli court system[edit] See also: Israeli judicial system The Magistrate Court (Beit Mishpat Hashalom) handles civil cases of less than 2.5 million shekels, but not disputes over the ownership of land and criminal cases in which the maximum sentence is 7 years. Magistrate Courts are to be found in most Israeli towns. The Magistrate Court has 6 subdivisions. (1) The Juvenile Court deals with criminal offenses committed by people who were not 18 on the date of prosecution and some issues relating to the removal of children from parental custody. (2) The Family Court deals with all civil cases where the parties are close family members. (3) The Small Claims Court deals with cases of less than 30 thousand shekels. (4) "Hotsa'a Lapoal" is the bailiff's office for judgment debt collection. (5) The Traffic Court deals with all traffic offenses. (6) The Court of Local Issues deals with all offenses prosecuted by local authorities (parking tickets, planning violations etc.). The District Court (Beit Mishpat Mehozi) deals with all civil and criminal matters not under the jurisdiction of the Magistrate Court including disputes over the ownership of land. This court also has jurisdiction over most administrative cases. This court also hears appeals from the Magistrate Court. There are six courts, one in each of Israel's districts: Jerusalem (also has extra jurisdiction of extra territorial matters), Tel Aviv, Haifa, Center (in Petah Tiqwa), South (in Beer-Sheva), and North (in Nazareth). The Israeli Supreme Court (Beit Mishpat Elyon) mostly hears appeals from the District Court but also sits as the High Court of Justice and as such hears administrative cases not under the jurisdiction of the District Courts. Many political cases and cases of international interest are heard by the Supreme Court sitting as the High Court of Justice. The Labour Tribunals (Batei Ha'din Le'avoda) hears all cases where the parties are employer and employee, all cases against the National Insurance Institute and some other socially oriented matters. it is an independent system composed of 5 district tribunals (Jerusalem, Tel-Aviv, Haifa, South and North) and one national tribunal in Jerusalem (Beit Ha'din Ha'artzi). There are also religious tribunals in Israel. Some specific legal matters in Israel (e.g., matters of personal status such as marriage and divorce) come under the jurisdiction of the religious tribunal system. There is a list of legally recognized religious communities: Jewish, Muslim, Greek Orthodox Christian, Catholic Christian etc. The small Protestant Christian community in Israel is not recognized; the Jewish community for this purpose does not include the non-Orthodox denominations, Reform and Conservative. Each religious community has its own religious court. For example, Jewish weddings are sanctioned only by the local Religious Council, and divorces of Jews are handled exclusively by the Rabbinical Courts. The judges (dayanim) of the Jewish Rabbinical Courts are all Orthodox rabbis. (Matters incidental to divorce such as distribution of property, child custody etc. are dealt with in the Family Courts, but the personal law of the parties will be applied.) The judges of the various courts are chosen by a committee comprising 9 members: 3 Supreme Court Judges, 2 government ministers (one is the Minister of Justice), 2 members of the Knesset (one from the opposition), and 2 representatives of the Israel Bar Association The composition of the committee is slightly different when it chooses Labour Court Judges or judges of the religious tribunals. **** The following is a summary of the application of sharia (Islamic law) by country. Since the early Islamic states of the eighth and ninth centuries, sharia always existed alongside other normative systems.[1] Most Muslim-majority countries adopt various aspects of sharia. According to BBC, some countries adopt only a few aspects of Sharia, others apply the entire code.[2] Within sharia, some crimes are known as the hudud crimes, for which there are specific penalties specified by Islam. For example, according to some interpretations, adultery is punished by stoning, fornication and the consumption of alcohol by lashing, and theft by the amputation of limbs. Many predominately Muslim countries have not adopted hudud penalties in their criminal justice systems.[2] Ali Mazrui stated that "most Muslim countries do not use traditional classical Islamic punishments".[3] The harshest penalties are enforced with varying levels of consistency.[4] The use of flogging is more common compared to punishments like amputations.[3] The adoption and demand for sharia in the legal system of nations with significant Muslim-minorities is an active topic of international debate. "The reintroduction of Sharia is a longstanding goal for Islamist movements in Muslim countries".[5] Attempts to introduce or expand sharia have been accompanied by controversy,[6]violence,[7] and even warfare.[8] Most countries of the world do not recognize sharia, albeit, more than 25% of countries do(source below in maps); however, some countries in Asia, Africa and Europe recognize sharia and use it as the basis for divorce, inheritance and other personal affairs of their Islamic population.[9] Contents [hide] 1Definition and scope 2Classification 2.1Classical sharia systems 2.2Secular systems 2.3Mixed systems 3Sharia in the world 3.1Map 3.2Table legend 3.3Africa 3.4South America 3.5Asia 3.6Europe 3.7States with limited recognition 3.8Regional variations 4See also 5References Definition and scope[edit] Sharia law in this article means the moral code and religious law of Islam. It includes criminal, civil, personal, economic and all aspects of law as revealed in Quran and Hadiths; in its strictest and most historically coherent definition, sharia is considered the infallible law of Allah.[10] The primary sources of sharia are the precepts set forth in the Quranic verses (ayahs), and the example set by the Islamic prophet Muhammad in the Sunnah.[11] The scope of sharia includes Islamic law as interpreted by Islamic judges (qadis) with varying responsibilities for the religious leaders. For questions not directly addressed in the primary sources, sharia includes consensus of the religious scholars (ulama) thought to embody the consensus of the Muslim Community (ijma).[10][11] Classification[edit] The legal systems of Muslim countries may be grouped as: mixed systems, classical sharia systems, and secular systems.[12] Classical sharia systems[edit] Classical sharia systems are those where sharia plays a dominant role and is present in most areas of a nation's legal system. Iran, Saudi Arabia and Sudan are examples of classical sharia systems.[12] Secular systems[edit] Secular systems are those where sharia plays no role in the nation's legal system. Turkey is an example of a Muslim-majority nation with a secular system.[12] Mixed systems[edit] Mixed systems are those where sharia is not dominant, but plays a significant role in one or more areas of the nation's legal system. This is observed in majority of Muslim nations.[12] Sharia in the world[edit] Map[edit] Countries and members of the Organisation of Islamic Cooperation where sharia plays no role in the judicial system. Countries where sharia applies in personal status issues (such as marriage, divorce, inheritance, and child custody). Countries where sharia applies in full, covering personal status issues as well as criminal proceedings. Countries with regional variations in the application of sharia. Table legend[edit] In addition to the categories above, the table also includes the following categories: Countries where Muslims can choose to have their cases heard under Islamic law or secular law. Countries where a small amount of Islamic law is mandatory in personal cases. Countries where Islamic law applies only for a particular form of Muslims. Countries where Islamic law not only applies in full but to non-Muslims too. Africa[edit] KeyCountryNotes AlgeriaArticle 222 of the Family Code of 1984 specifies sharia as the residuary source of laws.[13] The sharia-derived family code treats women as minors under the legal guardianship of a husband or male relative.[14] BeninIt has a civil law system with influences from customary law.[15] Burkina FasoIt has a civil law system.[15] CameroonIt has a mixed legal system of English common law, French civil law, and customary law.[15] ChadAfter gaining independence from France, Chad retained the French legal system.[16] ComorosThe legal system is based on both Sharia and remnants of the French legal code.[17] According to the article 229-7 of the Penal Code, any Muslim who makes use of products forbidden by Islamic law can be punished by imprisonment of up to six months.[18] Cote d'IvoireIt has a civil law system.[15] DjiboutiThe Family Code is mainly derived from Islamic law and regulates personal status matters such as marriage, divorce, child custody and inheritance.[19] Sharia does not apply to criminal law.[20] EgyptArticle 2 of Egypt's 2014 Constitution declares the principles of Islamic sharia to be the main source of legislation.[21]Egypt's law and enforcement system are in flux since its 2011 Revolution;[22] however, the declaration of Sharia's primacy in Article 2 is a potential ground for unconstitutionality of any secular laws in Egyptian legal code.[23] Sharia courts and qadis are run and licensed by the Ministry of Justice.[24] The personal status law that regulates matters such as marriage, divorce and child custody is governed by sharia. In a family court, a woman’s testimony is worth half of a man’s testimony.[25] EritreaSharia courts entertain cases dealing with marriage, inheritance and family of Muslims.[26] EthiopiaSharia courts have jurisdiction on cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death.[27] GabonIt has a mixed legal system of French civil law and customary law.[15] GambiaArticle 7 of the constitution identifies sharia as source of law in matters of personal status and inheritance among members of communities to which it applies.[28] GhanaGhana is a secular state. Any other laws inconsistent with the national constitution are deemed null and void. No religious laws are applied in civil or criminal cases .[29] Guinea-BissauIt has a mixed legal system of civil law and customary law.[15] GuineaIt has a civil law system.[30] KenyaIslamic law is applied by Kadhis' Courts where "all the parties profess the Muslim religion".[31] Under article 170, section 5 of the constitution, the jurisdiction of Kadhis’ court is limited to matters relating to "personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts".[32] LibyaQaddafi merged civil and sharia courts in 1973. Civil courts now employ sharia judges who sit in regular courts of appeal and specialise in sharia appellate cases.[33] The personal status laws are derived from Islamic law.[34] MaliIt has a civil law system influenced by customary law.[15] In urban areas, positive law is common. In rural areas the customary law usually dominates. Local rural versions of sharia are the predominant sources for customary law.[35] Article 25 in Title II of Mali's constitution declares it to be a secular state.[36] MauritaniaThe Penal Code contains Sharia crimes such as heresy, apostasy, atheism, refusal to pray, adultery and alcohol consumption. Punishments include lapidation, amputation and flagellation.[37] MauritiusMuslim Personal Laws apply to Muslims. Polygamy is legal but the government will not officially recognize a polygamous marriage.[38][39] MoroccoIn 1956, a Code of Personal Status (Mudawana) was issued, based on dominant Maliki school of Sharia jurisprudence. Regional Sharia courts also hear personal status cases on appeal.[40] In matters of family law, a woman’s testimony is worth only half of that of a man.[41] With 2003 reforms of its criminal law, Article 222 of its new criminal code is derived from Islamic law; Articles 220–221, 268–272 of its criminal law similarly codify those activities as crimes that are prohibited under Sharia.[42] Morocco adopted a new constitution in 2011; Article 41 of this constitution granted sole power to the Superior Council of the Ulemas to guide its laws through Fatwas from principles, precepts and designs of Islam.[43][44] MozambiquePaula Rainha states that, "Mozambique’s legal system can be considered civil law based (at least the formal legal system) and legislation is the primary source of law."[45] NigerIt has not adopted any elements of Islamic law.[46] SenegalThe legal system of Senegal is based on French civil law.[47] The 1972 Family Code (Code de la famille)[48] is secular in nature.[49] Islamic law is allowed by article 571 of the Family Code only in the case of intestate successions, and only if the person had demonstrated in life a wish that his succession would be regulated by Islamic law.[49] Most succession cases are decided under this provision.[50] There has been growing political attempts to introduce more sharia regulations.[51] Sierra LeoneIt has a common law system influenced by customary law.[15] SomaliaSharia was adopted in 2009.[52] Article 2 of Somali 2012 Constitution states no law can be enacted that is not compliant with the general principles and objectives of Sharia.[53][54] Sharia currently influences all aspects of Xeer as well as Somalia's formal legal system.[55] SudanSharia has been declared the chief source of all legislation in Sudan's 1968, 1973 and 1998 Constitutions.[56] In 2005, Sudan adopted an interim national constitution; it removed some references to Sharia, but included Sharia-derived criminal, civil and personal legal codes, as well as Sharia-mandated hudud punishments.[57] The Criminal Act of 1991 prescribes punishments which include forty lashes for drinking alcohol, amputation of the right hand for theft of a certain value and stoning for adultery.[58][59] TanzaniaIslamic law is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Islamic law to matters of succession in communities that generally follow Islamic law in matters of personal status and inheritance. Unlike mainland Tanzania, Zanzibar retains Islamic courts.[60] TogoIt has a customary law system.[15] TunisiaTunisia has a long secular tradition with a legal system based on French civil law. The Law of Personal Status, considered a reference in secular family law across the Arab world, bans polygamy and extrajudicial divorce. Sharia courts were abolished in 1956.[61][62] Secular inheritance laws are indirectly based on Islamic jurisprudence, with religion never being mentioned in the Code of Personal Status; these laws accord to women half the share of property due to men.[63] UgandaArticle 129 (1) (d) of the constitution allows the parliament to establish by law "Qadhi’s courts for marriage, divorce, inheritance of property and guardianship".[64] South America[edit] KeyCountryNotes GuyanaThe country has a common law system.[15] SurinameThe country has a civil law system.[15] Asia[edit] KeyCountryNotes AfghanistanCriminal law in Afghanistan continues to be governed in large part by Islamic law. The Criminal Law of September 1976 codifies sharia, and retains punishments such as the stoning to death of adulterers. However virtually all courts, including the Supreme Court of Afghanistan, rely on Islamic law directly.[65] AzerbaijanThe government is declared to be secular in the constitution.[30] BahrainArticle 2 of Bahrain's 2002 Constitution as originally adopted, as well as after February 2012 amendment, declares Islamic Sharia is a chief source of legislation.[66][67] Four tiers of ordinary courts have jurisdiction over cases related to civil, administrative and criminal matters, with Court of Cassation the highest civil court in Bahrain; in all matters, the judges are required to resort to Sharia in case legislation is silent or unclear.[67] Sharia courts handle personal status laws.[68][69] A personal status law was codified in 2009 to regulate personal status matters. It applies only to Sunni Muslims; there is no codified personal status law for Shiites. In a Shari’a court a Muslim woman's testimony is worth half of that of a Muslim man.[70] BangladeshMarriage, divorce, alimony and property inheritance are regulated by Sharia for Muslims.[71] The Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937) applies to Muslims in all matters relating to Family Affairs.[72] Islamic family law is applied through the regular court system.[73] There are no limitations on interfaith marriages.[74] BruneiSharia courts decide personal status cases or cases relating to religious offences.[75] Sultan Hassanal Bolkiah declared in 2011 his wish to establish Islamic criminal law as soon as possible.[76] A new penal code enacted in May 2014 will eventually prescribe sharia punishments, including the severing of limbs for property crimes and death by stoning for adultery and homosexuality.[77] IndiaThe Muslim Personal Law (Shariat) Application Act 1937 directs the application of Muslim Personal Law to Muslims in a number of different areas, mainly related to family law.[78] IranArticle 167 of the constitution states that all judicial rulings must be based upon "authoritative Islamic sources and authentic fatwa".[79] Book 2 of the Islamic Penal Code of Iran is entirely devoted to hudud punishments.[80] Iranian application of sharia has been seen by scholars as highly flexible and directly contradicting traditional interpretations of the sharia.[81] IraqArticle 1 of Civil Code identifies Islamic law as a main source of legislation.[82] The 1958 Code, made polygamy extremely difficult, granted child custody to the mother in case of divorce, prohibited repudiation and marriage under the age of 16.[83]In 1995, Iraq introduced Sharia punishment for certain types of criminal offenses.[84] Iraq's legal system is based on French civil law as well as Sunni and Jafari (Shi’ite) interpretations of Sharia.[85] Article 41 of the constitution allows for personal status matters (such as marriage, divorce and inheritance) to be governed by the rules of each religious group. The article has not yet been put into effect, and a unified personal status law remains in place that builds on the 1959 personal status code.[86] IsraelIslamic law is one of the sources of legislation for Muslim citizens.[87] Islamic law is binding on personal law issues for Muslim citizens.[87] JordanJordan has Sharia courts and civil courts. Sharia courts have jurisdiction over personal status laws, cases concerning Diya(blood money in cases of crime where both parties are Muslims, or one is and both the Muslim and non-Muslim consent to Sharia court's jurisdiction), and matters pertaining to Islamic Waqfs.[88] The Family Law in force is the Personal Status Law of 1976, which is based on Islamic law .[83] In Sharia courts, the testimony of two women is equal to that of one man.[89] KazakhstanIslamic law was in force up until early 1920.[90] The 1995 constitution is not based on sharia.[91] However converting a Muslim is a crime.[92] KuwaitArticle 2 of Kuwait's constitution identifies Islamic Sharia as a main source of legislation.[66][93] According to the United Nations, Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law and Islamic law.[94] The sharia-based personal status law for Sunnis is based on the Maliki fiqh and for Shiites, their own school of Islam regulates personal status.[95][96] Before a family court the testimony of a woman is worth half of that of a man.[95] Kuwait blocks internet content prohibited by Sharia.[97] KyrgyzstanIt has a civil law system.[30] However converting a Muslim is a crime.[98] LebanonLebanon's legal system is based on a combination of Civil Law, Islamic law and Ottoman laws.[99] There are seventeen official religions in Lebanon, each with its own family law and religious courts. For the application of personal status laws, there are three separate sections: Sunni, Shia and non-Muslim. The Law of 16 July 1962 declares that Islamic law governs personal status laws of Muslims, with Sunni and Ja'afari Shia jurisdiction of Islamic law.[83] In a Muslim family court, the testimony of a woman is worth half of that of a man.[citation needed] MalaysiaSchedule 9 of Malaysian constitution recognizes Islamic law as a state subject; in other words, the states of Malaysia have the power to enact and enforce sharia.[100] Islamic criminal law statutes have been passed at the state level in Terengganu,[101] Kelantan[102] and Perlis,[103][page needed] but as of 2014 none of these laws have been implemented, as they contravene the Federal Constitution.[104][105][106] In 2007, Malaysia's Federal court ruled that apostasy matter lay "within the exclusive jurisdiction of Sharia Courts".[100] Malaysian Muslims can be sentenced to caning for such offences as drinking beer,[107] and adultery.[108] Several sharia crimes, such as khalwat (close proximity of unmarried man and woman) are punishable only in Sharia courts of Malaysia. Publishing an Islamic book that is different from official Malaysian version, without permission, is a crime in some states. Other sharia-based criminal laws were enacted with "Syariah Criminal Offences (Federal Territory) Act of 1997".[100] Muslims are bound by Sharia on personal matters, while members of other faiths follow civil law. Muslims are required to follow Islamic law in family, property and religious matters.[109] In 1988 the constitution was amended to state that civil courts cannot hear matters that fall within the jurisdiction of Sharia courts.[110] MaldivesArticle 15 of the Act Number 1/81 (Penal Code) allows for hudud punishments.[111] Article 156 of the constitution states that law includes the norms and provisions of sharia.[112] OmanIslamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree 101/1996.[113] The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia.[114] Sharia Court Departments within the civil court system are responsible for personal status matters.[115] A 2008 law stipulates that the testimonies of men and women before a court are equal.[116] Oman's criminal law is based on a combination of Sharia and English common law.[117] Omani commercial law is largely based on Sharia; Article 5 of its Law of Commerce defaults to primacy of Sharia in cases of confusion, silence or conflict. PakistanUntil 1978 Islamic law was largely restricted to personal status issues. Zia ul Haq introduced Sharia courts and made far reaching changes in the criminal justice system.[118] Articles 203a to 203j of the constitution establish a sharia court with the power to judge any law or government actions to be against Islam, and to review court cases for adherence to Islamic law. The penal code includes elements of sharia.[119] Under article 5, section 2 of the Ordinance No. VII of 1979, whoever is guilty of zina, "if he or she is a muhsan, be stoned to death at a public place; or if he or she is not a muhsan, be punished, at a public place, with whipping numbering one hundred stripes".[120] Under a 2006 law, rape cases can be heard under civil as well as Islamic law.[121] PhilippinesThere are sharia trial and circuit trial courts in Mindanao, which is home to the country's significant Filipino Muslimminority.[122] Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws.[123] Islamic law only applies to civil cases involving all Muslims nationwide. Cases are handled in the Autonomous Region in Muslim Mindanao and a couple of Mindanao provinces that are not part of ARMM by both sharia district and circuit courts, organised into five sharia districts. Outside these areas, sharia-related cases are processed in civil courts under a session from the five sharia districts.[124]All other cases, including criminal ones, are dealt with by local civil courts.[125] QatarSharia is the main source of Qatari legislation according to Qatar's Constitution.[126][127] Islamic law is applied to laws pertaining to family law, inheritance, and several criminal acts (including adultery, robbery and murder). In some cases in Sharia-based family courts, a female's testimony is worth half a man's and in some cases a female witness is not accepted at all.[128] Flogging is used in Qatar as a punishment for alcohol consumption or illicit sexual relations.[129] Article 88 of Qatar's criminal code declares the punishment for adultery is 100 lashes.[130] Adultery is punishable by death when a Muslim woman and a non-Muslim man are involved.[130] In 2006, a Filipino woman was sentenced to 100 lashes for adultery.[130] In 2012, six expatriates were sentenced to floggings of either 40 or 100 lashes.[129] More recently in April 2013, a Muslim expatriate was sentenced to 40 lashes for alcohol consumption.[131][132][133] In June 2014, a Muslim expatriate was sentenced to 40 lashes for consuming alcohol and driving under the influence.[134] Judicial corporal punishment is common in Qatar due to the Hanbali interpretation of Islamic law. Article 1 of the Law No. 11 Of 2004 (Penal Code) allows for the application of "Sharia provisions" for the crimes of theft, adultery, defamation, drinking alcohol and apostasy if either the suspect or the victim is a Muslim.[135] Saudi ArabiaSaudi criminal law is based totally on sharia.[136] No codified personal status law exists, which means that judges in courts rule based on their own interpretations of sharia.[137] See Legal system of Saudi Arabia SingaporeSharia courts may hear and determine actions in which all parties are Muslims or in which parties involved were married under Muslim law. Court has jurisdiction over cases related to marriage, divorce, betrothal, nullity of marriage, judicial separation, division of property on divorce, payment of dowry, maintenance, and muta.[138] Sri LankaPrivate matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act.[139] SyriaArticle 3 of the 1973 Syrian constitution declares Islamic jurisprudence one of Syria's main sources of legislation.[140] The Personal Status Law 59 of 1953 (amended by Law 34 of 1975) is essentially a codified Islamic law.[141] The Code of Personal Status is applied to Muslims by Sharia courts.[142] In Sharia courts, a woman's testimony is worth only half of a man's.[143] TajikistanThe government is declared to be secular in the constitution.[30] However converting a Muslim is a crime.[144] TurkeyAs part of Atatürk's Reforms, sharia was abolished in April 1924, with the Law Regarding the Abolition of Islamic Law Courts and Amendments Regarding the Court Organization.[145] TurkmenistanArticle 11 of the constitution declares that religious groups are separate from the state and the state educational system. But the legal system is civil law with Islamic influences [146][147] Also converting a Muslim is a crime.[148] UAECriminal law in UAE is governed by Islamic Courts alongside Secular courts. Also, Personal Status Law, and Family Law, are Sharia. UzbekistanIt has a civil law system.[15] However converting a Muslim is a crime.[149] YemenLaw 20/1992 regulates personal status. The constitution mentions sharia.[150] Penal law provides for application of hadd penalties for certain crimes, although the extent of implementation is unclear.[151] Article 263 of the 1994 penal code states that "the adulterer and adulteress without suspicion or coercion are punished with whipping by one hundred strokes as a penalty if not married. [...] If the adulterer or the adulteress are married, they are punished by stoning them to death."[152] Europe[edit] KeyCountryNotes Bosnia and HerzegovinaIt has a civil law system.[15] GermanySharia rules on matrimony may be recognized by German courts based on private international law if no party has German citizenship. The outcome must not violate the principles of the German legal system according to the ordre public.[153] United KingdomAs of 2014, there were reported to be around 85 "shariah courts" in the UK,[154][155] operated by two rival services -- Islamic Sharia Council and the newer, smaller, less strict Muslim Arbitration Tribunal.[154][156] The councils/tribunals provide arbitration that is voluntary but legally binding, are "officially mandated" and set up outside the court system.[156][157] During recent years Sharia councils have been used increasingly in the UK and there are claims some of them act unfairly to women including legitimizing forced marriages and issuing discriminatory divorces to women. There are claims that some women were victims of inequitable decisions. According to Prime Minister, Theresa May, there is only one rule of law in the UK providing security for all citizens. There will be an independent review of whether Sharia discriminates against women, also "whether, and to what extent, the application of Sharia law may be incompatible with the law in England and Wales".[158] States with limited recognition[edit] KeyCountryNotes Gaza StripThe Egyptian personal status law of 1954 is applied. The personal status law is based on Islamic law and regulates matters related to inheritance, marriage, divorce and child custody. Shari’a courts hear cases related to personal status. The testimony of a woman is worth only half of that of a man in cases related to marriage, divorce and child custody.[159] KosovoCivil law system.[15] Northern CyprusIt has a secular legal system with heavy influence of modern-day Turkish laws. Info about whether civil or common law applies remains very vague.[160] Sahrawi Arab Democratic RepublicLocal qadis (sharia judges) have jurisdiction over personal status and family law issues.[161] SomalilandIslamic and customary law apply.[162] Regional variations[edit] CountryKeyRegion(s)Notes GreeceWestern ThraceUnder the 1923 Treaty of Lausanne, Sharia regulates marriage, divorce, custody of children and inheritance for Muslims who reside in Western Thrace; the treaty also allows for the establishment of auqaf.[163] Muslim can alternatively choose a civil marriage and take their cases to civil court.[163] The question of the use of Sharia in Greece is the subject of recent[when?] judicial review.[164] Rest of GreeceIn other parts of Greece, all people are subjected exclusively to the provisions of the civil code, regardless of their religion.[165] Indonesia AcehAceh is the only part of Indonesia to apply Sharia in full. Islamic courts in Aceh had long handled cases of marriage, divorce and inheritance. After special autonomy legislation was passed in 2001, the reach of courts extend to criminal justice.[166] Offences such as being alone with an unrelated member of the opposite gender, gambling and breaking Islamic dress rules can be punished with a public caning.[167] In 2014, the provincial government of Aceh extended sharia's reach, enacting and enforcing sharia to apply it to non-Muslims as well.[168][169] Rest of IndonesiaIn other parts of Indonesia, religious courts have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Roman Dutch law or local adat.[170][needs update] Suharto’s New Order expanded the reach of Islamic law, first with the 1974 Marriage Act, which assigned jurisdiction over the marriage and divorce of Muslims to the Islamic courts (Indonesian: peradilan agama), and with the 1989 Religious Judicature Act, which elevated Islamic courts by making them a parallel legal system, equal to state courts and gave them jurisdiction over inheritance (wasiyyah), gifts (hibah) and religious endowments.[171] Muslim litigants could originally choose whether to have inheritance questions decided by the Islamic courts or by the civil courts, but a 2006 amendment eliminated this possibility; the same amendment gave Islamic courts new jurisdiction over property disputes, including financial and economic matters.[171] Muslims seeking a divorce must also file their claim in Islamic courts.[171] The Compilation of Islamic Law 1991 (Indonesian: Kompilasi Hukum Islam) regulates marriage, inheritance, and charitable trusts (wakaf).[171] Islamic law falls outside the jurisdiction of the Constitutional Court.[171] Since 2006, a number of districts have issued local ordinances based on sharia.[172] Nigeria(article)Sharia statesUntil 1999, Islamic law applied primarily to civil matters, but twelve of Nigeria’s thirty-six states have since extended Sharia to criminal matters.[173] Sharia courts can order amputations, and a few have been carried out.[174] The twelve sharia states are Zamfara, Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto and Yobe.[175] Borno, Gombe and YobeBorno, Gombe and Yobe have not yet begun to apply their Sharia Penal Codes.[176] Rest of NigeriaThe rest of Nigeria has a mixed legal system of English common law and traditional law.[15] ThailandYala, Narathiwat, Pattani and SongkhlaIn Yala, Narathiwat, Pattani and Songkhla provinces, Islamic law is allowed for settling family and inheritance issues under a 1946 law.[177] Rest of ThailandThe remaining provinces of Thailand have a civil law system with common law influences.[15] United Arab Emirates(article)Dubai and Ras Al KhaimahDubai and Ras Al Khaimah are not part of the federal judicial system.[178] Rest of the UAEThe court system comprises Sharia courts and civil courts. Judicial corporal punishment is a legal form of punishment in UAE due to the Sharia courts. Flogging is used in UAE as a punishment for criminal offences such as adultery, premarital sex and prostitution.[179] In most emirates, floggings of Muslims are frequent, especially for adultery, prostitution and drunkenness, with sentences ranging from 80 to 200 lashes.[180][181] Between 2007 and 2013, many people were sentenced to 100 lashes.[179][182][183][184][185][186][187][188] Moreover, in 2010 and 2012, several Muslims were sentenced to 80 lashes for alcohol consumption.[189][190] Under UAE law, premarital sex is punishable by 100 lashes.[191] Stoning is a legal form of judicial punishment in UAE. In 2006, an expatriate was sentenced to death by stoning for committing adultery.[192] Between 2009 and 2013, several people were sentenced to death by stoning.[185][193][194] In May 2014, an Asian housemaid was sentenced to death by stoning in Abu Dhabi.[195][196][197] Islamic law dictates the personal status law, which regulate matters such as marriage, divorce and child custody. The Sharia-based personal status law is applied to Muslims and sometimes non-Muslims.[198] Non-Muslim expatriates are liable to Sharia rulings on marriage, divorce and child custody.[198] Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors. Sharia courts may also hear appeals of certain criminal cases including rape, robbery, and related crimes.[178]Apostasy is a crime punishable by death in the UAE. UAE incorporates hudud crimes of Sharia into its Penal Code – apostasy being one of them.[199] Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty,[199][200] therefore apostasy is punishable by death in the UAE. Emirati women must receive permission from male guardian to remarry.[201] The requirement is derived from Sharia, and has been federal law since 2005.[201] In all emirates, it is illegal for Muslim women to marry non-Muslims.[202] In the UAE, a marriage union between a Muslim woman and non-Muslim man is punishable by law, since it is considered a form of "fornication".[202] See also[edit] Status of women's testimony in Islam Islam and secularism Ban on sharia law ebay4154

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