It can be tracedto the city of Mecca, Arabia, where the word God was revealed to the prophet Muhammed in the early 600s A.D.
What are the Shari’a and what does the term mean?
The laws of Islam, and it means “the path to follow”
What are the two primary and two secondary sources of Islamic law?
Qur’an: Muslim holy book
Sunnah: Customs sanctioned by Muhammad
Consensus: Agreement among members of the Muslim community Analogical Reasoning: Applying existing rules to a new situation that is similar to an existing situation
Under Islamic law who can be considered a victim?
Only God and the individual
What are the three categories of crime under Islamic law?
Hudad; offenses against God and the public good. Qur’an
Quesas; offenses against individuals, either resulting in death or in serious physical harm. Qur’an and Sunnah
Ta’zir; offenses that harm society or individuals but for which the punishments are not specified in the Qur’an or Sunnah. Religious authorities decide these offenses and a judge decides their corresponding punishments
What offenses are considered Hudud offenses?
Those for which the offense and the penalty are explicitly defined in the Qur’an
How does the Islamic law approach to murder differ from that in common law or civil law traditions?
The victims family may choose among death to the offender, financial compensation, or a complete pardon
What is honor killing and how does Islamic law respond to honor killing?
Killing of a female who has harmed the family name by having sex outside of marriage or by marrying a man unacceptable to the father or male guardian. It is considered a tribal custom, so it is technically illegal, but authorities choose to look the other way
What is the purpose of punishment for ta’zir offenses?
Its for the crimes that are not pointed out in the Qur’an or Sunnah
What are some key elements of criminal procedure under Islamic law?
A strong sense of privacy, authorities must obtain a search warrant based on probable cause or they must obtain consent from the owner
The accused is innocent until proven guilty
The right to a fair and impartial trail, to present a defense, to have an attorney to assist in his defense, and to appear before a competent judge Everyone is treated equally, regardless of their income or if they are muslim or non-muslim
What are some of the affirmative defenses allowed under Islamic law?
What are some of the basic principles that guide Islamic law?
All law ultimately flows from the Qur’an and the Sunnah and must be consistent with the teachings of Muhammad
Although many passages in the Qur’an and Sunnah spell out offenses and punishments, these documents also emphasize compassion and forgiveness Under Islamic criminal law, when judges are allowed discretion in sentencing, they must give the greatest weight to punishments that consider the general public interest
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