This document provides a comparison table of Shari'ah law and English law across 16 legal issues. Key differences include: Shari'ah law is derived from the Quran and hadiths as revealed by Allah, while English law is passed by Parliament; Shari'ah law covers all aspects of life and does not separate religion and state, while English law governs specific legal matters; and Shari'ah law prescribes punishments like stoning, amputation and death for crimes such as adultery, theft and apostasy, while English law prohibits corporal punishment and respects human rights.
This document provides a comparison table summarizing key differences between Shari'ah law and English law. Some of the main points of difference include:
1) Shari'ah law is derived from the Quran and teachings of Muhammad, while English law emanates from acts of Parliament.
2) Shari'ah law covers all aspects of life and does not distinguish between religious and secular matters. English law governs specific legal aspects of life and respects individual freedoms.
3) Punishments under Shari'ah law, such as stoning, amputation and flogging, are prohibited under English law.
Islamic law currently has a limited status in Malaysia according to its Federal Constitution. While Islam is the official religion, Islamic law is not defined as law and is subordinate to the Federal Constitution. The Constitution guarantees religious freedom but also allows restrictions on propagating non-Islamic religions to Muslims. Recent court cases have recognized some role for Islamic law in family and religious matters for Muslims, but the civil court system still takes precedence over Syariah courts in many cases.
MALAYSIAN LEGAL SYSTEM Sources of law – islamic lawxareejx
- Islam was introduced to Malacca in the 15th century during the reign of Sultan Parameswara.
- The first written code of laws for Malacca was the Hukum Kanun Melaka, prepared in the 15th century during the reign of Sultan Muzaffar Shah, which contained 18 chapters with Islamic elements dealing with issues like marriage and commerce.
- Subsequent sultanates like Johor produced their own codes modeled after Hukum Kanun Melaka, integrating more aspects of Islamic law.
In Malaysian law there are two primary sources - statutes and case law. Statutes are passed by Parliament and take precedence over case law. Case law is developed by judges applying statutes to specific cases and building upon past judicial decisions through precedent. Additionally, the Federal Constitution, State Constitutions, legislation, common law, English law, Islamic law, and native law all contribute to the legal framework of Malaysia.
The document discusses the Federal Constitution of Malaysia. It provides background information on the constitution's history and development. Some key points:
- The Federal Constitution is the supreme law of Malaysia and establishes the country as a constitutional monarchy.
- It outlines the structure of government and separation of powers between federal and state authorities.
- The constitution allocates legislative powers between the federal and state parliaments according to three lists - federal, state, and concurrent.
- It guarantees fundamental rights and liberties for Malaysian citizens and has been amended over time to reflect the country's evolving political landscape.
This document classifies and explains the different sources of law in Malaysia. It discusses the classification of law into public law, private law, and international law. It also outlines the written sources of law including the Federal Constitution, legislation, and subsidiary legislation. Additionally, it covers unwritten sources such as English common law, judicial decisions, customary law, Islamic law, and jurists' writings. Key points covered include the legislative process, advantages and disadvantages of subsidiary legislation, and the doctrine of judicial precedent or stare decisis.
1. Sri Lankan law has been influenced by Sinhala, Tamil, Muslim, Kandyan, Thesawalamai, Portuguese, Dutch, British, and Roman-Dutch legal traditions due to its multi-ethnic and colonial history.
2. The legal system includes civil law, criminal law, and various personal laws, as well as a court system headed by the Supreme Court and Court of Appeal.
3. Alternative dispute resolution methods like mediation and arbitration are also used to reduce the courts' caseload in addition to tribunals that handle specific types of disputes.
This document provides an overview of the key topics that students will understand after a class on Malaysian law, including: the classification of law into public, private and international law; the sources of Malaysian law such as written laws like the Federal Constitution and unwritten laws including English common law, Syariah law, and judicial decisions; and the court system and law-making process in Malaysia. It also defines key legal concepts and classifications in brief sections and diagrams.
This document provides a comparison table summarizing key differences between Shari'ah law and English law. Some of the main points of difference include:
1) Shari'ah law is derived from the Quran and teachings of Muhammad, while English law emanates from acts of Parliament.
2) Shari'ah law covers all aspects of life and does not distinguish between religious and secular matters. English law governs specific legal aspects of life and respects individual freedoms.
3) Punishments under Shari'ah law, such as stoning, amputation and flogging, are prohibited under English law.
Islamic law currently has a limited status in Malaysia according to its Federal Constitution. While Islam is the official religion, Islamic law is not defined as law and is subordinate to the Federal Constitution. The Constitution guarantees religious freedom but also allows restrictions on propagating non-Islamic religions to Muslims. Recent court cases have recognized some role for Islamic law in family and religious matters for Muslims, but the civil court system still takes precedence over Syariah courts in many cases.
MALAYSIAN LEGAL SYSTEM Sources of law – islamic lawxareejx
- Islam was introduced to Malacca in the 15th century during the reign of Sultan Parameswara.
- The first written code of laws for Malacca was the Hukum Kanun Melaka, prepared in the 15th century during the reign of Sultan Muzaffar Shah, which contained 18 chapters with Islamic elements dealing with issues like marriage and commerce.
- Subsequent sultanates like Johor produced their own codes modeled after Hukum Kanun Melaka, integrating more aspects of Islamic law.
In Malaysian law there are two primary sources - statutes and case law. Statutes are passed by Parliament and take precedence over case law. Case law is developed by judges applying statutes to specific cases and building upon past judicial decisions through precedent. Additionally, the Federal Constitution, State Constitutions, legislation, common law, English law, Islamic law, and native law all contribute to the legal framework of Malaysia.
The document discusses the Federal Constitution of Malaysia. It provides background information on the constitution's history and development. Some key points:
- The Federal Constitution is the supreme law of Malaysia and establishes the country as a constitutional monarchy.
- It outlines the structure of government and separation of powers between federal and state authorities.
- The constitution allocates legislative powers between the federal and state parliaments according to three lists - federal, state, and concurrent.
- It guarantees fundamental rights and liberties for Malaysian citizens and has been amended over time to reflect the country's evolving political landscape.
This document classifies and explains the different sources of law in Malaysia. It discusses the classification of law into public law, private law, and international law. It also outlines the written sources of law including the Federal Constitution, legislation, and subsidiary legislation. Additionally, it covers unwritten sources such as English common law, judicial decisions, customary law, Islamic law, and jurists' writings. Key points covered include the legislative process, advantages and disadvantages of subsidiary legislation, and the doctrine of judicial precedent or stare decisis.
1. Sri Lankan law has been influenced by Sinhala, Tamil, Muslim, Kandyan, Thesawalamai, Portuguese, Dutch, British, and Roman-Dutch legal traditions due to its multi-ethnic and colonial history.
2. The legal system includes civil law, criminal law, and various personal laws, as well as a court system headed by the Supreme Court and Court of Appeal.
3. Alternative dispute resolution methods like mediation and arbitration are also used to reduce the courts' caseload in addition to tribunals that handle specific types of disputes.
This document provides an overview of the key topics that students will understand after a class on Malaysian law, including: the classification of law into public, private and international law; the sources of Malaysian law such as written laws like the Federal Constitution and unwritten laws including English common law, Syariah law, and judicial decisions; and the court system and law-making process in Malaysia. It also defines key legal concepts and classifications in brief sections and diagrams.
This document provides an overview of the differences between Islamic law and conventional law. It discusses their sources, permanence, goals, and application in banking and finance. The key differences are:
1) Islamic law's sole source is divine revelation from God through the Quran and hadith, while conventional law has human-made sources like common law from precedents and civil law from codified statutes.
2) Islamic law is permanent and universal, while conventional law is changeable and adapts to different times and places.
3) The goal of Islamic law is universal well-being and education through its rulings, while conventional law aims to organize society and promote certain philosophies or ideologies.
This document defines law and discusses its sources in Malaysia. It begins by explaining different theories of what law is, including natural law theory, positivism, and law as a system of rules to ensure social harmony. The key sources of law in Malaysia are identified as the Federal Constitution, State Constitutions, legislation passed by Parliament and State Assemblies, subsidiary legislation, and unwritten sources like English common law and equity. The document also notes that while Malaysia has a unified legal system, the laws are not uniform across all states.
The document provides an overview of the Malaysian legal system. It discusses that Malaysia has a dual legal system consisting of civil and sharia law. It also outlines the various sources of law in Malaysia including legislation passed by parliament and state assemblies, customary law, and precedents set by higher courts. The document describes the hierarchy of courts in Malaysia, starting with the Federal Court at the top, followed by the Court of Appeal, High Courts, Session Courts, Magistrate Courts, and Juvenile Courts which handle cases involving minors.
The document summarizes the legal system and court structure of Sri Lanka. It discusses the main sources of law that make up Sri Lanka's legal system, including Roman-Dutch law, Kandyan law, Thesawalamai law, and Muslim special law. It then describes the hierarchy of courts in Sri Lanka, from the Supreme Court down to Primary Courts and various tribunals. It also distinguishes between criminal and civil cases and the courts that handle each type.
This document provides an overview of the Malaysian legal system, including the main sources of Malaysian law. It discusses written law such as the Federal Constitution, legislation, and subsidiary legislation. It also examines unwritten law including English common law, judicial decisions and customs. It describes the key principles of precedent and statutory interpretation used in Malaysian courts. It provides details on the structure of the Malaysian judicial system and the roles of the Federal Court, High Court, and subordinate courts. It also discusses the application of Islamic law in Malaysia.
This document provides definitions of key concepts like constitution and constitutional supremacy. It discusses the objectives and purposes of constitutional supremacy, including limiting government power and protecting fundamental rights. The document also summarizes the historical background of Malaysia's Federal Constitution, developed based on previous constitutions with input from foreign legal experts. It examines the supremacy clause in Article 4 of the Federal Constitution, establishing it as the supreme law that invalidates any inconsistent laws. The courts have power to review laws for consistency with the Constitution.
Malaysian Legal System - Past years attempt 3FAROUQ
The Law Reform (Marriage & Divorce) Act 1976 diminished the relevance of Chinese and Hindu customary laws on marriage and divorce in Malaysia in three key ways:
1. It abolished polygamous marriage among Chinese people by introducing monogamy for Hindu and Chinese communities.
2. It established a common system for solemnizing and registering all marriages.
3. It provided uniformity in marriage and divorce laws for Chinese and Hindus, avoiding conflicts over which laws to apply.
The Federal Constitution of Malaysia has several distinctive features:
First, it declares Islam as the religion of the federation but clarifies that Malaysia remains a secular state. Islamic law only applies to Muslims, and Islamic matters are supervised by state authorities.
Second, it gives special privileges to the Malay race and indigenous peoples of Sabah and Sarawak, who make up the majority of citizens, regarding public services, education and business permits to maintain equality.
Third, it establishes Malay as the national language but does not prohibit the use of other languages. While the national language is used in official capacities, other languages can be used for non-official purposes.
The key sources of constitutional law in Malaysia are:
1. The Federal Constitution, which is the supreme law of the land.
2. State Constitutions, which regulate the government of each state.
3. Legislation enacted by Parliament at the federal level and state legislative assemblies.
4. Judicial precedents set by court decisions, which provide consistency and certainty in legal principles.
MALAYSIAN LEGAL SYSTEM Sources of law Part 1xareejx
This document provides an overview of the legislative system in Malaysia. It discusses the sources of law in Malaysia and defines key terminology related to legislation. It then outlines the federal and state legislative bodies, the laws they produce, and their powers according to the Federal Constitution. The document also examines the composition and roles of the federal parliament and its two houses.
The document provides an overview of key aspects of Jamaica's constitution, including how it was established through an Order in Council, its status as the supreme law, provisions around alteration and entrenchment of certain sections, separation of powers, and judicial review. It also discusses interpretation of fundamental rights and freedoms provisions and legislation enacted to expand these rights pending full constitutional reform.
The constitution of Malaysia has several key features:
1) It establishes a federal system of government where legislative powers are divided between the federal and state governments.
2) It protects fundamental rights and freedoms for citizens while allowing these rights to be restricted during emergencies.
3) It establishes a constitutional monarchy where the King and state rulers act on the advice of the elected government except in limited areas of personal discretion.
4) It includes provisions for affirmative action policies to improve socioeconomic outcomes for Malays and indigenous groups in Sabah and Sarawak.
The document provides an overview of key concepts in Malaysian law, including:
- Malaysian law is classified into written and unwritten law, with important sources being the Federal Constitution, statutes, common law, and Shariah law.
- Law is divided into public law governing relations between citizens and the state, and private law governing relations between citizens.
- Parliament has the authority to make laws under the Federal List and Concurrent List in the Constitution. State assemblies can make laws under the State List.
- The legislative process involves bills being introduced and debated in both houses of Parliament before assent by the Yang di-Pertuan Agong and publication as an Act.
The document discusses the key sources of constitutional law in Malaysia, which are:
1) The Federal Constitution, which is the supreme law of the land.
2) State Constitutions, which regulate the government of each individual state.
3) Legislation enacted by Parliament at the federal level and State Legislative Assemblies.
4) Subsidiary legislation made under powers delegated by Acts of Parliament or State Assemblies.
5) Judicial precedent established through court decisions and the doctrine of stare decisis.
6) Customs and conventions that supplement the written constitution through established practices.
Topic 5 main provisions in the constitutionChe Amm
The document discusses key concepts in the Malaysian constitution, including federalism, parliamentary democracy, and constitutional monarchy. It defines federalism as the division of power between central and state governments, with both able to cooperate in decision making. Parliamentary democracy is explained as a system where elected representatives govern according to the will of the people. Constitutional monarchy is discussed as a system where the monarch's powers are limited by the constitution.
The government of the state of kelantan v the government of the federation of...FAROUQ
The case involved a challenge by the State of Kelantan to the constitutionality of the Malaysia Agreement and Malaysia Act that established Malaysia. Kelantan argued that [1] the agreements needed the consent of each Malayan state, including Kelantan, which was not obtained, and [2] the Federal Government had no power to legislate for Kelantan in matters under the state's own legislature. The key question was whether the constitutionality of an agreement entered into by the federal government and an act of Parliament can be challenged.
MALAYSIAN LEGAL SYSTEM Sources of law – subsidiary legislation part 2xareejx
This document discusses the various methods of controlling subsidiary legislation in Malaysia. It outlines parliamentary control through consultation with affected groups, publication in the gazette, and laying procedures. It also discusses judicial control through the doctrine of ultra vires on grounds such as unconstitutional, inconsistent with parent act, and procedural non-compliance. Subsidiary legislation can be impliedly repealed if the parent act is repealed, or can be revoked by the authority that made it.
The document provides a comparison table of Shari'ah law and English law across 15 legal issues. Some key differences summarized are:
- Shari'ah law is derived from the Quran and hadiths as revealed by Allah, while English law is passed by Parliament.
- Shari'ah law covers all aspects of life from religion to politics and does not distinguish between sacred and secular matters. English law governs legal and civil matters but leaves other areas like religion and personal choices to individuals.
- Punishments under Shari'ah law include public lashings, stoning, amputations and death for crimes like adultery, theft and apostasy. English law prohibits corporal punishment and
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
The judiciary plays several key political roles in the UK system of government. It acts to dispense justice fairly, interpret the laws as intended by Parliament, and establish legal precedents through case law. However, judges' ability to check the executive has come under increasing criticism from politicians, as judges have challenged government policies on issues like civil liberties, counter-terrorism laws, and sentencing guidelines. To increase the independence and impartiality of the judiciary, major reforms were passed in 2005 that replaced the Lord Chancellor and established new judicial appointment processes.
This document provides an overview of the differences between Islamic law and conventional law. It discusses their sources, permanence, goals, and application in banking and finance. The key differences are:
1) Islamic law's sole source is divine revelation from God through the Quran and hadith, while conventional law has human-made sources like common law from precedents and civil law from codified statutes.
2) Islamic law is permanent and universal, while conventional law is changeable and adapts to different times and places.
3) The goal of Islamic law is universal well-being and education through its rulings, while conventional law aims to organize society and promote certain philosophies or ideologies.
This document defines law and discusses its sources in Malaysia. It begins by explaining different theories of what law is, including natural law theory, positivism, and law as a system of rules to ensure social harmony. The key sources of law in Malaysia are identified as the Federal Constitution, State Constitutions, legislation passed by Parliament and State Assemblies, subsidiary legislation, and unwritten sources like English common law and equity. The document also notes that while Malaysia has a unified legal system, the laws are not uniform across all states.
The document provides an overview of the Malaysian legal system. It discusses that Malaysia has a dual legal system consisting of civil and sharia law. It also outlines the various sources of law in Malaysia including legislation passed by parliament and state assemblies, customary law, and precedents set by higher courts. The document describes the hierarchy of courts in Malaysia, starting with the Federal Court at the top, followed by the Court of Appeal, High Courts, Session Courts, Magistrate Courts, and Juvenile Courts which handle cases involving minors.
The document summarizes the legal system and court structure of Sri Lanka. It discusses the main sources of law that make up Sri Lanka's legal system, including Roman-Dutch law, Kandyan law, Thesawalamai law, and Muslim special law. It then describes the hierarchy of courts in Sri Lanka, from the Supreme Court down to Primary Courts and various tribunals. It also distinguishes between criminal and civil cases and the courts that handle each type.
This document provides an overview of the Malaysian legal system, including the main sources of Malaysian law. It discusses written law such as the Federal Constitution, legislation, and subsidiary legislation. It also examines unwritten law including English common law, judicial decisions and customs. It describes the key principles of precedent and statutory interpretation used in Malaysian courts. It provides details on the structure of the Malaysian judicial system and the roles of the Federal Court, High Court, and subordinate courts. It also discusses the application of Islamic law in Malaysia.
This document provides definitions of key concepts like constitution and constitutional supremacy. It discusses the objectives and purposes of constitutional supremacy, including limiting government power and protecting fundamental rights. The document also summarizes the historical background of Malaysia's Federal Constitution, developed based on previous constitutions with input from foreign legal experts. It examines the supremacy clause in Article 4 of the Federal Constitution, establishing it as the supreme law that invalidates any inconsistent laws. The courts have power to review laws for consistency with the Constitution.
Malaysian Legal System - Past years attempt 3FAROUQ
The Law Reform (Marriage & Divorce) Act 1976 diminished the relevance of Chinese and Hindu customary laws on marriage and divorce in Malaysia in three key ways:
1. It abolished polygamous marriage among Chinese people by introducing monogamy for Hindu and Chinese communities.
2. It established a common system for solemnizing and registering all marriages.
3. It provided uniformity in marriage and divorce laws for Chinese and Hindus, avoiding conflicts over which laws to apply.
The Federal Constitution of Malaysia has several distinctive features:
First, it declares Islam as the religion of the federation but clarifies that Malaysia remains a secular state. Islamic law only applies to Muslims, and Islamic matters are supervised by state authorities.
Second, it gives special privileges to the Malay race and indigenous peoples of Sabah and Sarawak, who make up the majority of citizens, regarding public services, education and business permits to maintain equality.
Third, it establishes Malay as the national language but does not prohibit the use of other languages. While the national language is used in official capacities, other languages can be used for non-official purposes.
The key sources of constitutional law in Malaysia are:
1. The Federal Constitution, which is the supreme law of the land.
2. State Constitutions, which regulate the government of each state.
3. Legislation enacted by Parliament at the federal level and state legislative assemblies.
4. Judicial precedents set by court decisions, which provide consistency and certainty in legal principles.
MALAYSIAN LEGAL SYSTEM Sources of law Part 1xareejx
This document provides an overview of the legislative system in Malaysia. It discusses the sources of law in Malaysia and defines key terminology related to legislation. It then outlines the federal and state legislative bodies, the laws they produce, and their powers according to the Federal Constitution. The document also examines the composition and roles of the federal parliament and its two houses.
The document provides an overview of key aspects of Jamaica's constitution, including how it was established through an Order in Council, its status as the supreme law, provisions around alteration and entrenchment of certain sections, separation of powers, and judicial review. It also discusses interpretation of fundamental rights and freedoms provisions and legislation enacted to expand these rights pending full constitutional reform.
The constitution of Malaysia has several key features:
1) It establishes a federal system of government where legislative powers are divided between the federal and state governments.
2) It protects fundamental rights and freedoms for citizens while allowing these rights to be restricted during emergencies.
3) It establishes a constitutional monarchy where the King and state rulers act on the advice of the elected government except in limited areas of personal discretion.
4) It includes provisions for affirmative action policies to improve socioeconomic outcomes for Malays and indigenous groups in Sabah and Sarawak.
The document provides an overview of key concepts in Malaysian law, including:
- Malaysian law is classified into written and unwritten law, with important sources being the Federal Constitution, statutes, common law, and Shariah law.
- Law is divided into public law governing relations between citizens and the state, and private law governing relations between citizens.
- Parliament has the authority to make laws under the Federal List and Concurrent List in the Constitution. State assemblies can make laws under the State List.
- The legislative process involves bills being introduced and debated in both houses of Parliament before assent by the Yang di-Pertuan Agong and publication as an Act.
The document discusses the key sources of constitutional law in Malaysia, which are:
1) The Federal Constitution, which is the supreme law of the land.
2) State Constitutions, which regulate the government of each individual state.
3) Legislation enacted by Parliament at the federal level and State Legislative Assemblies.
4) Subsidiary legislation made under powers delegated by Acts of Parliament or State Assemblies.
5) Judicial precedent established through court decisions and the doctrine of stare decisis.
6) Customs and conventions that supplement the written constitution through established practices.
Topic 5 main provisions in the constitutionChe Amm
The document discusses key concepts in the Malaysian constitution, including federalism, parliamentary democracy, and constitutional monarchy. It defines federalism as the division of power between central and state governments, with both able to cooperate in decision making. Parliamentary democracy is explained as a system where elected representatives govern according to the will of the people. Constitutional monarchy is discussed as a system where the monarch's powers are limited by the constitution.
The government of the state of kelantan v the government of the federation of...FAROUQ
The case involved a challenge by the State of Kelantan to the constitutionality of the Malaysia Agreement and Malaysia Act that established Malaysia. Kelantan argued that [1] the agreements needed the consent of each Malayan state, including Kelantan, which was not obtained, and [2] the Federal Government had no power to legislate for Kelantan in matters under the state's own legislature. The key question was whether the constitutionality of an agreement entered into by the federal government and an act of Parliament can be challenged.
MALAYSIAN LEGAL SYSTEM Sources of law – subsidiary legislation part 2xareejx
This document discusses the various methods of controlling subsidiary legislation in Malaysia. It outlines parliamentary control through consultation with affected groups, publication in the gazette, and laying procedures. It also discusses judicial control through the doctrine of ultra vires on grounds such as unconstitutional, inconsistent with parent act, and procedural non-compliance. Subsidiary legislation can be impliedly repealed if the parent act is repealed, or can be revoked by the authority that made it.
The document provides a comparison table of Shari'ah law and English law across 15 legal issues. Some key differences summarized are:
- Shari'ah law is derived from the Quran and hadiths as revealed by Allah, while English law is passed by Parliament.
- Shari'ah law covers all aspects of life from religion to politics and does not distinguish between sacred and secular matters. English law governs legal and civil matters but leaves other areas like religion and personal choices to individuals.
- Punishments under Shari'ah law include public lashings, stoning, amputations and death for crimes like adultery, theft and apostasy. English law prohibits corporal punishment and
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
The judiciary plays several key political roles in the UK system of government. It acts to dispense justice fairly, interpret the laws as intended by Parliament, and establish legal precedents through case law. However, judges' ability to check the executive has come under increasing criticism from politicians, as judges have challenged government policies on issues like civil liberties, counter-terrorism laws, and sentencing guidelines. To increase the independence and impartiality of the judiciary, major reforms were passed in 2005 that replaced the Lord Chancellor and established new judicial appointment processes.
This document provides an overview of law and legal systems. It defines law and discusses its aims and branches, including public law (constitutional law, administrative law, criminal law, international law) and private law (civil law, commercial law, international private law). It then contrasts the two major legal systems: the civil law system and the common law system. The document focuses on the common law system, outlining its historical development in England, structure, and sources, with a primary emphasis on judge-made case law as the main source of common law.
Legal System of England, Introduction, Common Law features in England, Legal History of England, Civil Rights in England, Constitutional Review in an Unwritten Constitution, Hierarchy of Courts, Judicial Review, Rules of precedent in England, English civil Procedure, Criminal Procedure in England
The judicial organization, The House of Lords, The King's Bench Division, The Assize Courts, The Quarter Sessions, Central Criminal Court, Petty Sessions and Police Magistrates, Sentencing Purposes in England, Conclusion, Bibliography
The document discusses several key aspects of common law:
1. Common law evolves over time through judicial precedents set in case law, allowing it to adapt to changing social needs and understanding. This contrasts with statutory law.
2. Higher courts can overrule precedents set by lower courts, and courts seek to balance continuity with allowing for legal growth.
3. As British colonies gained independence, most adopted the English common law precedent in place at the time as the foundation for their new legal systems.
Introduction to the english legal systemNathan Loynes
The document provides an introduction to key concepts of the English legal system, including the separation of powers, parliamentary sovereignty, and the distinction between criminal and civil law. It explains that the UK has an uncodified constitution comprised of statutes, common law, and other sources. Parliament is sovereign and can make or repeal any law, but its power is constrained by constitutional conventions and laws cannot bind future parliaments. In criminal cases, guilt must be proven beyond reasonable doubt, while civil cases employ the balance of probabilities standard.
The document discusses the concept of law in Malaysia. It outlines three main categories of law: written law, common law, and customs or usages. Written law includes the federal and state constitutions, legislation, and subsidiary legislation. Common law refers to principles of English law and judicial precedents. Customs can become law if recognized by statute or common law. The document also discusses how religious and traditional laws interact with the legal system in Malaysia.
1) Common law systems are based on judicial precedent where court decisions establish law, rather than statutes alone.
2) The common law tradition emerged in England and was applied in British colonies, establishing judicial decisions as the basis.
3) Common law is generally uncodified, relying on scattered statutes and precedent from past judicial decisions.
Laws reflect the culture, circumstances, and needs of society to maintain order. The document discusses the evolution of legal systems from individual revenge to centralized court systems. It also distinguishes between common law, developed through judicial precedent, and positive law set by a central authority. Finally, it categorizes different types of laws including constitutional, civil, criminal, procedural, substantive, and business laws. The document provides a broad overview of legal systems, the development of laws over time, and the different classifications of laws.
The Supreme Court has exclusive jurisdiction over disputes between different court systems and regions. It can annul appellate court decisions on legal but not factual points, and can provide advisory opinions to the government and guidance to lower courts. Four court systems operate below the Supreme Court: general civil and criminal courts, religious courts for Muslim matters, administrative courts, and military courts. Efforts at judicial reform to address corruption have been ineffective so far.
This document provides an overview of law and the legal system in Trinidad and Tobago. It discusses what law is, the main sources of law including the constitution, legislation, case law, and international law. It also describes the different types of laws, such as public law, private law, civil law, and criminal law. The document examines key legal concepts like statutory interpretation, the separation of powers, and the rule of law.
Family courts objectives and functioningBimal Antony
Family Courts were established in India through the Family Courts Act of 1984 to promote conciliation and secure speedy settlement of disputes related to marriage and family affairs. The objectives are to give priority to mutual agreement between parties over adjudication and resolve disputes amicably. Family Courts have jurisdiction over matters related to marriage, divorce, maintenance, child custody and property disputes. They emphasize settlement through mediation and conciliation first before judicial proceedings. If conciliation fails, the matter proceeds to trial.
The document discusses the legal system in Malaysia during British colonial rule and after independence. It covers topics such as the imposition of English law in the Straits Settlements and Malay states through various Royal Charters of Justice. Local customary laws and Islamic law were recognized in some cases but not others during this period. After independence, the legal system blended English law, Islamic law, customary laws, and legislation. The hierarchy of courts and their jurisdictions are also outlined.
Khadija tested the entity that had appeared to Muhammad to determine if it was an angel or a demon. She had Muhammad describe what he saw when Gabriel appeared while sitting in different locations on her. Each time Muhammad confirmed he saw Gabriel until he could no longer see him when sitting in her lap, leading Khadija to conclude it was an angel since demons cannot disappear. The Quran verse later reminded that a woman's testimony is worth half that of a man.
The document contains 6 hadiths attributed to the Prophet Muhammad discussing medical remedies and treatments. The hadiths discuss drinking camel's milk and urine as treatment, using black cumin seeds for illnesses, the healing properties of certain plants and insects, treating diarrhea with honey, and bloodletting as a beneficial medical practice. The hadiths were recorded in Sahih al-Bukhari and Sunan al-Tirmidhi, two highly authoritative hadith collections.
The document discusses Prophet Muhammad's love and affection for his grandsons Hasan and Hussein. It references several hadith books and Islamic scholars, citing accounts where the Prophet is said to have kissed and played with the two children in a loving manner. However, some of the more intimate details mentioned lack strong authenticity according to some scholars. The document also provides background information on some of the scholars and hadith books mentioned.
Powerful Magic Rings+27604255576 for Money Fame Job Promotions Gambling in So...MalikAliMohamad1
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The Revelation Chapter 7 Working Copy.docxFred Gosnell
John witnesses the sealing of God's 144,000 witnesses, and he hears the crying out or shouting of an unnumbered multitude of those who have been saved during the great tribulation.
This is an intermission scene before opening the seventh seal. We have seen six seals opened revealing of the events that would shortly occur. The first 4 reveal what was to occur in the great tribulation during the destruction of Jerusalem by the Romans in AD70.
The fifth seal reveals the question from those slain as to when the Lord would avenge their death. The sixth seal reveals the answer to them from the One on the throne and of the Lamb which would be the punishment of their persecutors and accomplices. John sees four messengers/angels holding back the four winds of the earth & keeping them from blowing on the earth, the sea or any tree. In this figurative language, these are not heavenly messengers/angels. These represent those who are trying to restrain the word of God everywhere. Their efforts are restrained by the messenger in verse 2, preventing them from holding back the 4 winds, the spread of the gospel of Christ by His messengers/angels. These 4 winds stand on the four corners of the earth, Rome’s worldwide influence to stop its spread. But the gospel will be preached in all the earth. See the study for the Bible passages that support this. John hears the commands given relating to the sealing of the servants of God and the figurative number representing them. John sees a great multitude standing before the throne of all nations and kindreds and people and tongues who are clothed with white robes. All the messengers/angels stood around the throne and the elders and the four beasts fell before the throne and worshipped God. One of the elders asks John what those were that were wearing white robes. John said he knew and the elder identifies them. The chapter ends with his explanation.
The Power of Actions Slideshow by: Kal-elKal-el Shows
This message, “The Power of Actions”, emphasizes just how powerful moving actions are and gives us strong actions of advice as to how we use to do with actions.
ACTIONS is EVERYTHING! They bless or they curse, lift up or known down,
embrace it or unbrace it!
PHASE-IV
The very deep experience of silence helps to expand from the 3 - dimensional awareness of the body to all pervasive awareness. The bed of silence becomes deeper and more expansive - an ocean of silence with waves on it merge into complete silence called Ajapa state of the mind. This silence is the source of Creativity, Power, Knowledge and Bliss.
PHASE V
From this deep ocean of silence in the heart region, let one OM emerge as an audible sound which diffuses into the entire body and the space all around. Enjoy the beautiful vibrations.
Blink the eyes slowly, gently open the eyes and come out of meditation.
Tales of This and Another Life - Chapters.pdfMashaL38
This book is one of the best of the translated ones, for it has a warning character for all those who find themselves in the experience of material life. Irmão X provides a shrewd way of describing the subtleties and weaknesses that can jeopardize our intentions, making us more attentive and vigilant by providing us with his wise pages, reminding us between the lines of the Master's words: "Pray and watch."
Introduction
Mantra Yoga is an exact science. "Mananat trayate iti mantrah- by the Manana (constant thinking or recollection) of which one is protected or is released from the round of births and deaths, is Mantra." That is called Mantra by the meditation (Manana) on which the Jiva or the individual soul attains freedom from sin, enjoyment in heaven and final liberation, and by the aid of which it attains in full the fourfold fruit (Chaturvarga), i.e., Dharma, Artha, Kama and Moksha. A Mantra is so called because it is achieved by the mental process.
2nd issue of Volume 15. A magazine in urdu language mainly based on spiritual treatment and learning. Many topics on ISLAM, SUFISM, SOCIAL PROBLEMS, SELF HELP, PSYCHOLOGY, HEALTH, SPIRITUAL TREATMENT, Ruqya etc.A very useful magazine for everyone.
God calls us to a journey of worshiping Him. In this journey you will encounter different obstacles and derailments that will want to sway you from worshiping God. You got to be intentional in breaking the barriers staged on your way of worship in order to offer God acceptable worship.
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Tracking "The Blessing" - Christianity · Spiritual Growth · Success
Do you ever feel like your Bible highlighting isn't quite enough to ignite lasting spiritual growth? Have you struggled to retain key takeaways from your Bible study sessions?
Discover how living in 4D can transform your highlighting into a strategic tool for spiritual development.
Learn More:
👉https://tkg.tf/4D
In this video, you'll gain insights on:
How highlighting key verses and themes can enhance memory and retention of Scripture (we see a few key ones, here!)
Studies have shown that highlighting can significantly improve information recall. Highlighting key points visually reinforces them in your mind, leading to better long-term memory.
How to personalize your Bible study through strategic highlighting. Don't just highlight everything!
This video will teach you how to strategically highlight based on what resonates with you, focusing on central themes, recurring ideas, or connections between different passages.
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👉https://tkg.tf/4D
How connecting highlighted passages can reveal deeper biblical truths. By highlighting these connections, you can see the bigger picture and uncover the underlying messages within Scripture.
By the end of this video, you'll be equipped to unlock the hidden potential within your highlighted Bible and embark on a transformative spiritual growth journey! Don't forget to like and subscribe for more inspiring content on deepening your faith.
Note: For Christians seeking to enrich their Bible study and deepen their faith, as well as any other spiritual seeker of truth and growth.
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Lição 12: João 15 a 17 – O Espírito Santo e a Oração Sacerdotal | 2° Trimestr...OmarBarrezueta1
Esta lição é uma oportunidade para discutirmos um assunto multo mal interpretado no contexto cristão, que é o fato de algumas pessoas pensarem que o conhecer Jesus é ter a nossa vida mudada em todas as áreas, como se Deus tivesse o dever de transportar-nos deste mundo para um outro mundo onde muitas coisas maravilhosas que desejamos seriam reais. No entanto, a nossa fé não nos tira do mundo após nos convertermos; ao invés disso, permanecemos vivendo sob as mesmas circunstâncias. O propósito de Deus não é nos tirar do mundo, mas nos livrar das ações do maligno (Jo 17.15), Sendo assim, a vida eterna não significa estar fora da realidade deste mundo, mas conhecer o único Deus verdadeiro (Jo 17.3).
Astronism, Cosmism and Cosmodeism: the space religions espousing the doctrine...Cometan
This lecture created by Brandon Taylorian (aka Cometan) specially for the CESNUR Conference held Bordeaux in June 2024 provides a brief introduction to the legacy of religious and philosophical thought that Astronism emerges from, namely the discourse on transcension started assuredly by the Cosmists in Russia in the mid-to-late nineteenth century and then carried on and developed by Mordecai Nessyahu in Cosmodeism in the twentieth century. Cometan also then provides some detail on his story in founding Astronism in the early twenty-first century from 2013 along with details on the central Astronist doctrine of transcension. Finally, the lecture concludes with some contributions made by space religions and space philosophy and their influences on various cultural facets in art, literature and film.
2. Legal Issue Shari’ah
Law
English
Law
1. Authority from
which Laws
Emanate
Revealed by Allah, communicated to
Muhammad via the Qur’an and Sunnah,
interpreted by the Ulama and applied by Shari’ah
courts.
The “Queen in Parliament” and the European
authorities as interpreted by the House of Lords and
Court of Appeal.
2. Legal Basis
on which the
Court System
is Established
1. Legal Basis of Sharia Courts in Muslim
countries:
The legal basis of Sharia Courts by definition,
wherever they may be, are established
through the above authority line, both in
Muslim and non-Muslim countries—and they
regularly operate unofficially in non-Muslim
countries in governing the affairs of the Muslim
Ummah (the global Islamic state) in matters of
Family Law.
2. Legal Basis of Sharia Courts in the UK:
It is known that Shari’ah courts in England and
Wales were operating for many years without
any legal sanction until 2007, when it is
claimed that Muslim Arbitration Tribunals
(“MAT”) were licensed by the Government. It
is not clear whether the awards of these courts
are fully or partially enforceable in English
Courts under the Arbitration Act 1996, as
different sources report different facts. There is
a real risk that the awards of MAT may be
enforced
1. Legal Basis of English Courts:
The English Courts are established on the basis
of the unwritten British Constitution as upheld
by centuries of democratic mandate. Some
courts were established by particular Acts of
Parliament, such as the Crown Court, which was
established by the Courts Act 1971 to replace
the Assize Courts and the Courts of Quarter
Sessions.
2. Compatibility of the Ecclesiastical Courts
and the Beth Din with English Law:
Both entities are compatible with English Law, as
both operate on rules founded on the same
principles and concepts of morality, namely, our
Judeo-Christian Heritage. The Beth Din operate
as a dispute resolution forum under the
Arbitration Act and are entirely subject to the law
of England and Wales, whilst the
Ecclesiastical Courts have their own independent
jurisdiction that does not conflict in any way with
other English Courts.
2
3. Legal Issue Shari’ah
Law
English
Lawin English Courts without adequate enquiry
into the basis on which they were reached.
This risk is particularly apparent with regard to
awards at variance with Human Rights or
equality norms that the victim has failed to
raise during the arbitration or within the time
limit allowed. Those judged by the MAT may
be unaware of the superior rights they enjoy
under English Law, or they may be unaware of
how to enforce them.
Thus the Shari’ah Court in the UK is
established on the basis of the argument that
the Ecclesiastical Courts and the Beth Din
enable Christians and Jewish people to resolve
their disputes according to their religion. In
actual fact, the Ecclesiastical Courts deal only
with the internal affairs of the Church of
England (not disputes between Christians) and
bind only clergy and churchwardens within the
context of the Church’s constitutionally
established status. Therefore, although now
legally regarded as an arbitration tribunal, the
Shari’ah Court and its law fundamentally
contravene English law. In order to function
legitimately, parliamentary approval would be
required for the incorporation of Shari’ah
3
4. Legal Issue Shari’ah
Law
English
LawCourts into the legal system and an explanation
required as to how the system will be made to
comply with the Human Rights Act.
3. System of
Governance
Legislation must be in conformity with the
Shari’ah and in harmony with the general
principles and spirit of Islam. Under the provisions
of the Shari’ah, legislators do not have the
authority to pass innovative laws. Their powers are
limited to:
• Passing laws to ensure the enforcement of
the provisions of the Shari’ah; and
• Passing laws to organise, safeguard and
fulfil the requirements of society, in enforcing
the general principles of the Shari’ah.
Theocracy prevails. The Islamic doctrine of
“consultation” means only the interpretation of
Qur’anic verses by scholars so as to remain within
its bounds. Even such consultation is prescribed by
certain basic and immutable rules that have been
clarified in the relevant injunctions of the Qur’an
and the Sunnah of Muhammad.
The Islamic Shari’ah has laid down both the rights
and obligations of the ruler in detail. According to
the Shari’ah, the main or prime responsibility of the
ruler is to guard the faith of Allah and the religion
Liberal democracy with a sovereign Parliament that
may pass any laws it pleases. The sovereignty of
Parliament may be surrendered in whole or in part to
external authority, such as the legislative organs and
Court of Justice of the European Union, but may also
be regained by an Act of Parliament. Parliament
cannot bind itself.
The electorate hold Parliament to account with the
help of the media and other checks and balances.
4
5. Legal Issue Shari’ah
Law
English
Lawof Allah, which is Islam. He is duty-bound to look
after all the internal and external affairs of the
Ummah to safeguard its interests within the limits
prescribed by Allah and his apostle. He is also
duty-bound to:
• Create peaceful conditions (for the Muslim
community);
• Establish order for both Muslims and
Dhimmis;
• Enforce punishments;
• Execute injunctions;
• Defend Islamic proselytisers (Da’wa);
• Promote and support jihad;
• Collect taxes;
• Look after the property (of Muslims) in the
event of disturbances; and
• Supervise officers charged with these duties.
4. Nature of Law
Sharia Law is reckoned to be divine in origin,
complete, comprehensive and perfect in all
respects from the time when Allah revealed it to
Muhammad, hence it remains flawless. It is thus
not amenable to change. It is universal in nature
and application.
Since an Act of Parliament in 1534, the monarch has
been the head of the Church of England. However,
Canon Law binds only clergy and churchwardens. In
1689, the Bill of Rights confirmed that Protestants
were allowed to defend themselves and in 1998, the
Human Rights Act confirmed that all citizens have a
right to the freedoms in the Act without
discrimination on grounds such as sex and religion, in
5
6. Legal Issue Shari’ah
Law
English
Lawits Schedule 1, Article 14.
Law of human origin passed by democratic vote in
Parliament following public debate, media comment,
expert reports and consideration in committee. Laws
are often criticised and improved upon or changed.
Provisions may be revisited as often as the
Government of the day sees fit.
5. Scope of Law
Shari’ah Law is classified by subject matter, but
nonetheless proclaims itself to be indivisible: the
“sacred” cannot be separated from the “secular.”
It covers all areas of life, from religion, hygiene and
dietary laws, to dress code, family and social life,
and from finance and politics to the unity of
religion with the state. This is why, for example,
Islamic financial products import the exclusions of
pork, alcohol and gambling into their prohibitions
and why religious rulings from religious authorities
are needed to validate and to regulate their
operation. The family law applied in Muslim
Arbitration Tribunals is inseparable from the rest
of Shari’ah Law—it is integrated into it. Due to the
indivisible nature of Shari’ah Law, its penal code
will
ultimately be enforced on Muslims through Muslim
Arbitration Tribunals, just as it is being informally
enforced at the moment through “honour” killings.
English Law governs all areas of life within England,
although citizens are allowed their human rights and
fundamental freedoms, so that areas of life such as
religion, relationships between consenting adults,
dress code, dietary choices, political views and
economic choices are left to the preferences of
individuals.
6
7. Legal Issue Shari’ah
Law
English
LawWhilst this may seem incredible at present, it is
also true that Shari’ah Courts were operating
informally for many years before they were
integrated into the English Legal System.
6. Access to
Justice/Unity of
Law
The theory and terminology of Islamic
jurisprudence in personal law, civil law and
criminal law are known and understood only by
scholars in an elitist system—and by definition
cannot be challenged by the populace.
The jurists of different schools differ in their
interpretation of Shari’ah Law and in their
sentencing practice in relation to certain aspects of
the law. This may result in interpretations and
applications of the law that lack uniformity across
the Shari’ah Courts.
Anyone can study law or can research its provisions
and application. Solicitors’ Firms, Citizens’ Advice
Bureau and Law Centres can assist the citizen to
understand their rights and responsibilities. Certainty
in the law is valued and the Common Law is
established according to a single system of precedent,
so that the judgment of a court in Newcastle ought to
differ little from that of a court in Penzance on a given
set of facts. One common legal method is used to
argue and decide cases according to interpretation,
reasoning and analogy.
7. Legal System
In Shari’ah Courts, all jurists, court officials and the
judge must be Muslims; non-Muslims are not
allowed to take part in any way, shape or form.
No woman may become a judge.
Any suitably qualified and fairly selected individual
may work in a court of law, practise law or judge cases
irrespective of his or her religion, political beliefs or
gender.
8. Jurisdiction
Shari’ah Courts claim universal jurisdiction.
(Thus a crime (see items 14 & 15) committed in
England is justiciable in Pakistan).
England and Wales only. Some Acts of Parliament
also apply to Scotland or to Northern Ireland.
7
8. Legal Issue Shari’ah
Law
English
Law
9. Purpose of the
Court System
The Shari’ah Court requires Muslims to obey its
authority in preference to national authorities.
Every law that is incompatible with the Shari’ah or
the spirit of Islam is unlawful for Muslims to do,
apply, or enforce, whether the ruling authority
permits or even orders such an act. In fact it would
be incumbent on every Muslim to abstain from
such mandates and to prevent their execution.
This may result in civil disobedience being
required of British Muslims by the Shari’ah Court
—in other words the Shari’ah Courts would create
a state within a state. This may damage social
cohesion.
To maintain law and order. To hold the Government
and public bodies to account. To enable citizens to
settle disputes peacefully.
10. Relationship
between
Religion and
the State
Shari’ah does not distinguish between state and
religion, between sacred and secular. It regulates
every aspect of life.
Established Church with its own separate Canon Law
that applies only to clergy and churchwardens and does
not contradict the law of England and Wales, either in
its provisions or in the principles upon which it is
based; largely secular administration of the State.
11. Status of
Human Rights
as set forth in
the European
Convention on
Human Rights
Not recognised as part of the Shari’ah Law and
contradicted by many of its rules. An alternative
Islamic set of human rights has been outlined for
the benefit of Western onlookers in the Cairo
Declaration on Human Rights 1990 and Durban II,
amongst others—with the caveat that no right shall
be granted “in contradiction to Shari’ah law.”
Recognised and implemented at all stages of the
legislative and judicial process—at least in
principle.
8
9. Legal Issue Shari’ah
Law
English
Law
The right of a man (haqq adami) to compensation is
recognised, though he can forgive the defendant if
he wishes. The right of Allah (haqq Allah) is also
recognised, but no forgiveness is possible for
offences against him. Punishments for the breach
of haqq Allah are the most barbaric. They are
mandatory and are not subject to mitigation.
12. Freedoms
Muslims must not question the doctrines of Islam
or the rulings of Shari’ah scholars. There is no
liberty in Islam:
• No freedom of speech or expression
• No freedom of thought, conscience or belief.
Largely respected, except where limitations are
prescribed by law and are necessary in a democratic
society in the interests of public safety, for the
protection of public order, health or morals, or for
the protection of the rights and freedoms of others.
13. Presumption
of Innocence
A defendant is guilty until proven innocent. A defendant is innocent until proven guilty.
14. Definition of a
Crime
Legal prohibitions imposed by Allah, whose
infringement entails punishment prescribed by Him.
These legal prohibitions can be either commission
of a forbidden act or omission of an act enjoined,
hence the commission of any act declared unlawful
and for which punishment has been laid down in
the Shari’ah is a crime. Similarly, omission of any
act enjoined by the Shari’ah constitutes a crime.
Legal prohibitions of serious acts or omissions that
are also designated as criminal offences. Many
prohibitions exist which are matters of civil law.
Many other acts and omissions are disapproved of,
but are not subject to legal judgment or to sanction
by the courts. Acts and omissions disapproved of
only by religions or philosophies (“sins”) are not
justiciable in the criminal court.
9
10. Legal Issue Shari’ah
Law
English
Law
According to the Shari’ah all crimes are “janayat”,
that is, “felonies” or “crimes triable on indictment”,
whether they are mere sins against the religion of
Islam, or crimes that other legal systems would
punish.
Crimes are divided into those that are less serious
(“triable summarily”) and those that are more serious
(“triable on indictment”).
15. Categories of
Crimes and
Punishments
Huddood
Qisas and Diyat
Ta’zeer
Huddood: all Huddood punishment are
administered publicly
• Adultery: 100 lashes and capital punishment
(stoning or beheading by the sword or being
hanged or shot);
• False allegation of adultery: 80 lashes, loss
of the right of being an upright witness;
• Alcohol consumption/use of liquor: minimum
80 lashes—may vary but never less than 40;
• Theft: chopping off of the right hand from
the wrist, if repeated then also the left foot;
• Apostasy: capital punishment;
• Larceny;
• Bloodshed;
• Subversion;
• Rebellion.
Life imprisonment is the most serious punishment
that is meted out and then only for the most serious
crimes such as murder and rape.
No corporal punishment is permissible. Article 3 of
the European Convention on Human Rights states
that:
No one shall be subjected to torture or
to inhuman or degrading treatment or
punishment.
This is respected and enforced.
Adultery and the consumption of alcohol may be
regarded as sins, but they are not crimes. At most
they may be grounds for divorce.
Apostasy may be regarded as a sin by the religion
against which a person has turned, but it is not a
crime.
10
11. Legal Issue Shari’ah
Law
English
Law
Qisas/diyat
• Wilful murder;
• Quasi-wilful murder;
• Murder by mistake;
• Causing injury wilfully;
• Causing injury by mistake.
Qisas punishments entail an eye for an eye or
financial compensation known as diyat or “blood-
wit money”.
Ta’zeer are civil offences that can be settled for a
financial fine or imprisonment, but this depends on
the court, which may transmute the offence by
interpretation into a serious crime.
All the above crimes are regarded as “waging war
against Allah and his apostle”. Horrific, barbaric
punishments are prescribed for these crimes, such
as crucifixion, beheading and the chopping off of
opposite limbs.
Crimes differ from civil wrongs, or torts. Torts are
not punishable at the initiative of the court, but
compensation or a court order may be obtained by
the victim if the victim decides to make a claim.
Torts are not punishable by imprisonment except in
the rarest of circumstances.
16. Treason
(including
Apostasy)
Under Shari’ah Law, treason is the betrayal of
Muhammad, or the Ummah; it is regarded as waging
war on Allah and his apostle, the culprit can be
Muslim or non-Muslim. Critiquing Muhammad or
depicting him in any form is waging war on Allah,
Betraying the security of one’s nation results in a
maximum sentence of life imprisonment. Changing
one’s religion is a personal choice and a matter of
freedom of religion. See also item 20.
11
12. Legal Issue Shari’ah
Law
English
LawMuhammad and Islam. The punishment is
crucifixion, the chopping off of opposite limbs and
beheading. Invasion of Islamic land also falls
under this category. See also item 20.
17. Equality
Before the Law
Inequality before the law at all levels of the
Shari’ah court system and in all courts, whether
civil, family, or criminal. Muslim men occupy a
privileged position in relation to non-Muslim men.
Muslim men occupy a privileged position in
relation to Muslim women. All men occupy a
privileged position in relation to all women.
All citizens equal before the law.
18. Evidence
The standard of proof in the Shari’ah court is
variable and inconsistent as compared to that in
English Courts.
Not considered by a jury in any case.
In criminal cases evidence must be strong enough to
convince the majority of a jury of the defendant’s guilt
of the offence charged beyond reasonable doubt.
Corroboration and objectively verifiable evidence are
used wherever possible.
In civil cases the evidence must convince a judge (or
jury) that the claim is more likely than not to be true.
19. Weight of a
Witness’s
Testimony in
Court
In rape cases only a Muslim male witness’s
evidence is admissible. In all other cases, a Muslim
woman’s evidence is worth half that of a Muslim
man’s.
All witnesses’ testimonies of equal weight unless they
are found to be of bad character.
12
13. Legal Issue Shari’ah
Law
English
Law
20. Conversion to
Another
Religion
(Apostasy)
No freedom of religion:
Conversion from Islam to another religion is
neither allowed nor recognised; conversion results
in the loss of legal personality, marriage, children
and rights (see item 14).
Freedom of religion:
A matter of individual choice that does not concern
the State (except where the individual is a child in
local authority care). Conversion does not need to be
recognised, but a simple statement would suffice.
Conversion does not affect the individual’s other legal
rights.
21. Blasphemy
No freedom of speech:
Criticism of Islam or contradiction of its doctrines,
together with insults levelled at its prophet, are
forbidden and punishable by death.
Freedom of speech.
22. Vices and
Virtues
The Shari’ah regards “moral virtues” as defined by
Islam as the principal base of society. For this
reason Shari’ah declares all acts which are inimical
to its morality as culpable. “Virtues” include:
• Polygamy
• The killing of an apostate.
Vices which are also crimes include:
• Mixed company of unrelated males and
females
• Consumption of alcohol
• Physical relations between two consenting
adults, which is also a crime. Both would be
Some Shari’ah Law “virtues” are crimes under
English Law, such as polygamy (bigamy), or the
killing of an apostate (murder).
There is no restriction on freedom of association
between unrelated males and females, unless
prohibited by a court injunction for the safety of one
party.
The consumption of alcohol by adults is generally
permitted unless it causes drunkenness and disorder
in public or in prohibited areas.
Two consenting adults may engage in a physical
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14. Legal Issue Shari’ah
Law
English
Lawwhipped, and probably put to death by the
sword or stoned.
relationship without restrictions.
23. Freedom of
Movement
Women need written permission to travel and/or a
male relative to accompany them.
All citizens free to come and go as they please unless
arrested, imprisoned or excluded from private or
Government property.
24. Dress code
Women must dress modestly, ensuring that their
hair is entirely covered. Some schools of thought
hold that only a woman’s eyes may be seen and
others that no part of her may be seen.
Citizens at liberty to dress according to personal
taste on condition that they are not indecent in
public.
25. Dietary laws
The consumption and trading in, or retail of liquor
are prohibited and subject to Huddood punishment
(minimum 40 lashes).
Pork must not be consumed by Muslims or sold to
Muslims
.
Consumption of non-halal meat is forbidden.
No dietary rules for citizens, but food sold must be fit
for human consumption and must be labelled with its
ingredients, nutritional value and best-before date.
26. Financial
Transactions
The most modern interpretation of Shari’ah Law
states that Muslims may only conclude transactions
that are Shari’ah-compliant—that is, those that
appear to be Islamic in form and that have been
approved by Islamic scholars. Muslims may not
Citizens free to conclude the contracts of their choice
on condition that they do not contravene the laws
relating to fraud, anti-competitive practices or
taxation.
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15. Legal Issue Shari’ah
Law
English
Lawinvest in enterprises that are un-Islamic in product
or philosophy.
27. Family and
Property Law
• Marriage is expected of all men. Celibacy is not
encouraged amongst Muslims and homosexual
practice is a capital crime.
• In Shari’ah law no minimum age of consent to
marriage for girls exists.
• A girl may be married off to a man chosen by
her family without her consent.
• Polygamy is expected. Men may marry up to 4
free women with no limit on the number of
concubines or sex slaves.
• The husband has the right to divorce his wife for
any reason by simply pronouncing the divorce
three times, whereas the wife must apply to the
court for a divorce.
• Marriage is a personal choice. Celibacy and
homosexual relations are freely allowed.
• Marriage to a girl under the age of 16, if
consummated amounts to rape. Such a marriage
will also be void.
• Both parties must freely consent to a marriage.
Lack of consent can lead to a multiplicity of
charges including false imprisonment and rape.
• Polygamy is the crime of bigamy. The ownership
of slaves is a crime. Sexual activity with a person
who does not consent involves either rape or
sexual assault and probably false imprisonment
and blackmail as well.
• A husband or a wife can divorce the other only
on specified grounds of a serious nature.
15
16. Legal Issue Shari’ah
Law
English
Law• Custody of any children passes automatically to
the man once the children have attained the age
of 7.
• Dowry rules vary and on divorce its recipient
depends on whether the marriage was dissolved
prior to consummation, after it, prior to the birth
of children or afterwards and so on.
• Inheritance must be apportioned as per Islamic
Jurisprudence based on the Qur’an and Sunnah,
in which a male’s portion is double that of a
female’s, and none is to be given to an
unbeliever (kaffir) even if s/he would otherwise
be the most legitimately entitled.
• Custody of children is decided by the court.
• There is no such thing as a dowry in English Law.
• The deceased’s estate is divided in accordance
with the last valid will of the deceased; otherwise
in accordance with statutory rules that do not
discriminate on grounds of sex or religion.
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