What is Islamic law and customary law?
According to Soepomo (1996), Customary Law is a non- statutory law, mostly customary law and a small part is Islamic law. It also explains that customary law also includes a decision of a judge ruling containing the principles of law within the environment in which the judge decides the case.
What are the details of Sharia law?
Sharia law is a religious law that lays down governing principles for spiritual, mental, and physical behavior that must be followed by Muslims. It categorizes all man’s acts into five distinct categories: obligatory, recommended, permitted, discouraged, and forbidden.
What are the main source of Islamic law?
There are two primary sources of Islamic law. They are the Qu’ran and the Sunnah. The Qu’ran is the book which contains revelations the prophet Muhammad received from Allah. In Arabic, there is only one authentic and uniform text used throughout the Muslim world.
What is meant by Islamic law?
‘Islamic law’ refers to juristic interpretations (fiqh) of divine law (sharīʿah); ‘Muslim legalities’ refers to either state law (where Muslims are the majority or minority) or the legal practices of non-state Muslim communities.
What is Islamic law in simple words?
The Qur’an is the principal source of Islamic law, the Sharia. It contains the rules by which the Muslim world is governed (or should govern itself) and forms the basis for relations between man and God, between individuals, whether Muslim or non-Muslim, as well as between man and things which are part of creation.
What is the difference between common law and Islamic law?
Unlike common or civil legal systems, Islamic law is the toughest one when it comes to bring new regulations and newly identified norms. Islamic law identifies deception and dishonesty as a “serious moral wrong”1 whereas in civil/common law it is mended by paying compensation.
Is Islamic law and customary law the same?
Islamic law is different from customary law, even though the British colonial authorities decreed in some of their colonies that Islamic law is a customary law. With these developments, customary law lost and never regained its status as a full-fledged legal system in modern African nation states.
What are the main sources of Islamic law?
What is Islamic law and why is it important?
The primary objectives of Islamic law (maqasid shari’a) are the protection of life, property, mind, religion, and offspring. The State thus has, under Islamic law, to protect property and by extension the inviolability of homes.
Which is the 4th source of Islamic law?
Qiyas or analogical reason is the fourth source of Sharia for the majority of Sunni jurisprudence. It aims to draw analogies to a previously accepted decision.
Why is Islamic law different from civil law?
To start with, the main clear difference between these two forms of law is; Sharia law follows Islamic doctrines where as civil law has no connections to any religious belief.
Is Islamic law and Sharia law the same?
Sharia isn’t the same as Islamic law. Muslims believe sharia refers to the perfect, immutable values understood only by God, while Islamic laws are those based on interpretations of sharia. Interpreting sharia requires deep knowledge of the Quran and Sunna, fluency in Arabic, and expertise in legal theory.
What is the difference between customary law and statutory law?
Statutory law provides for the sharing of property between husband and wife and the maintenance of either spouse upon divorce. However, customary law denies women any rights to family property or maintenance upon dissolution of marriage (14).
What is another word for Islamic law?
Sharīʿah, also spelled Sharia, the fundamental religious concept of Islam—namely, its law.
What is statutory law Australia?
Statutory Law is law made by parliament. This may be the Federal parliament or the parliament of a State or Territory. These laws start as bills and are passed by two houses of parliament (except in Queensland where there is only one house). If the bills are approved in these houses, they become Acts.