any muslim lawyer in li ny who do sharia wiki

Is Sharia law legal in the United States?

Sharia is a religious law forming part of the Islamic tradition. Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus). Different legal schools—of which the most prominent are Hanafi, Maliki, Shafi'i, Hanbali and Jafari ()—developed methodologies for …

Does Sharia law apply to non-Muslims?

Ban on sharia law. A ban on sharia law is legislation that prohibits the application or implementation of Islamic law ( Sharia) in courts in any civil (non-religious) jurisdiction. In the United States, various states have "banned Sharia law," or passed some kind of ballot measure that "prohibits the state’s courts from considering foreign ...

What is direct consultation with Sharia law in the United States?

In Islam, purification has a spiritual dimension and a physical one. Muslims believe that certain human activities and contact with impure animals and substances cause impurity. Classic Islamic law details how to recognize impurity, and how to remedy it. Muslims use water for purification in most circumstances, although earth can also be used ...

Are there any Muslim vigilantes jailed for'Sharia law'in London?

All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and …

Are there lawyers in Sharia law?

While in the traditional Sharia court all parties represented themselves, in modern courts they are represented by professional lawyers educated in Western-style law schools, and the verdicts are subject to review in an appeals court.

What is a Sharia lawyer?

Sharia is Islam's legal system. It is derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith - the deeds and sayings of the Prophet Muhammad. Where an answer cannot be derived directly from these, religious scholars may give rulings as guidance on a particular topic or question.Aug 19, 2021

What are the 5 Sharia rules?

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.

Who made sharia law?

Sharia is originated from Allah and that is the reason that Muslims consider it as holy. Muslims considered it a word of god' which regulate and evaluate human conduct. The Sharia is also derived from Prophet Mohammed's principles and by some of the Muslim legal scholars who interpreted his teachings.

What is Islamic law called?

Human interpretations of sharia, or fiqh, are the basis of Islamic law today. About half the world's Muslim-majority countries have sharia-based laws, and most Muslims worldwide follow aspects of sharia in their private religious practices.Dec 17, 2021

Who wrote the Quran?

The present form of the Quran text is accepted by Muslim scholars to be the original version compiled by Abu Bakr.

What is haram for a woman in Islam?

Exposing the intimate parts of the body is unlawful in Islam as the Quran instructs the covering of male and female genitals, and for adult females the breasts.

What does Sharia law mean for women's rights?

But many Muslims around the world take it to mean simply that women should dress and behave modestly in public. Sharia establishes that a woman has the right to choose a husband. The Koran dates to a time of warfare in Arabia that created many widows and fatherless children. It permits men to take up to four wives.Aug 17, 2021

Who wrote Islamic law?

MuhammadDuring his lifetime, Muhammad helped clarify the law by interpreting provisions in the Koran and acting as a judge in legal cases. Thus, Islamic law, the Sharia, became an integral part of the Muslim religion. Following Muhammad's death in A.D. 632, companions of Muhammad ruled Arabia for about 30 years.

Who is the founder of Islam?

The Prophet MuhammadThe rise of Islam is intrinsically linked with the Prophet Muhammad, believed by Muslims to be the last in a long line of prophets that includes Moses and Jesus.

Who interprets Sharia law?

Historically, sharia was interpreted by independent jurists ( muftis ), based on Islamic scriptural sources and various legal methodologies. In the modern era, statutes inspired by European codes replaced traditional laws in most parts of the Muslim world, with classical sharia rules retained mainly in personal status (family) laws.

What is the sharia law?

Sharia is a religious law forming part of the Islamic tradition. Traditional theory of Islamic jurisprudence recognizes four sources of sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus). Different legal schools —of which the most prominent are Hanafi, Maliki, Shafi'i, Hanbali and Jafari —developed methodologies for deriving sharia rulings from scriptural sources. Traditional jurisprudence ( fiqh) distinguishes two principal branches of law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a wide range of topics. Thus, some areas of sharia overlap with the Western notion of law while others correspond more broadly to living life in accordance with God's will.

What was the Islamic revival of the late 20th century?

The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including hudud capital punishments, such as stoning, which in some cases resulted in traditionalist legal reform.

How long can a Muslim be jailed for using Sharia?

According to the article 229-7 of the Penal Code, any Muslim who makes use of products forbidden by Sharia can be punished by imprisonment of up to six months.

Which countries do not have Sharia law?

Conversely, some countries (e.g., Algeria), whose constitution does not mention sharia, possess sharia-based family laws. Nisrine Abiad identifies Bahrain, Iran, Pakistan, and Saudi Arabia as states with "strong constitutional consequences" of sharia "on the organization and functioning of power".

When did Muammar Gaddafi merge civil and sharia courts?

Muammar Gaddafi 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. The personal status laws are derived from Sharia.

Which countries have Islamic criminal codes?

In the course of Islamization campaigns, several countries (Libya, Pakistan, Iran, Sudan, Mauritania, and Yemen) inserted Islamic criminal laws into their penal codes, which were otherwise based on Western models. In some countries only hudud penalties were added, while others also enacted provisions for qisas (law of retaliation) and diya (monetary compensation). Iran subsequently issued a new "Islamic Penal Code". The criminal codes of Afghanistan and United Arab Emirates contain a general provision that certain crimes are to be punished according to Sharia, without specifying the penalties. Some Nigerian states have also enacted Islamic criminal laws. Laws in the Indonesian province of Aceh provide for application of discretionary ( ta'zir) punishments for violation of Islamic norms, but explicitly exclude hudud and qisas. Brunei has been implementing a "Sharia Penal Code", which includes provisions for stoning and amputation, in stages since 2014. The countries where hudud penalties are legal do not use stoning and amputation routinely, and generally apply other punishments instead.

Who is the founder of the Anti-Sharia movement?

David Yerushalmi has been called the founder of the movement in America and is described by The New York Times as "working with a cadre of conservative public-policy institutes and former military and intelligence officials" and to pass legislation, "a network of Tea Party and Christian groups" as well as ACT! for America. According to him, the purpose of the anti-sharia movement is not to pass legislation banning sharia law in the courts but "to get people asking this question, ‘What is Shariah?’”.

What is a ban on Sharia law?

A ban on sharia law is legislation that prohibits the application or implementation of Islamic law ( Sharia) in courts in any civil (non-religious) jurisdiction. In the United States, various states have "banned Sharia law," or passed some kind of ballot measure that "prohibits the state’s courts from considering foreign, ...

When did Oklahoma ban Sharia?

In November 2010, voters in Oklahoma approved a ballot measure to amend the state constitution to ban sharia from state courts. The law was then updated to include all foreign or religious laws. The law was challenged by an official of the Council on American-Islamic Relations.

What is the Establishment Clause?

Because of the Establishment Clause of the United States Constitution, no religious tradition can be established as the basis of laws that apply to everyone, including any form of sharia, Christian canon law, Jewish halakha, or rules of dharma from Eastern religions. Laws must be passed in a secular fashion, not by religious authorities. The Free Exercise Clause allows residents to practice any religion or no religion, and there is often controversy about separation of church and state and the balance between these two clauses when the government does or does not accommodate any particular religious practice (for example blue laws that require stores to be closed on Sunday, the Christian holy day).

Who is the woman who left her husband's will in Greece?

The issue of the supremacy of sharia has arisen in Greece where a Muslim woman (Chatitze Molla Sali), was left her husband's estate in his will (a Greek document registered at a notary’s office) when he died in March 2008. Her in-laws immediately challenged the bequest with the local mufti (a Muslim jurist and theologian) in the name of sharia law, "which forbids Muslims to write wills" (Islamic law rather than the inheritee determining who gets what from the estate of the deceased). Molla Sali took the dispute to a civil court where she won, but in October 2013, the Greek Supreme Court ruled against her and "established that matters of inheritance among the Muslim minority must be resolved by the mufti, following Islamic laws", in accordance with the 1923 Treaty of Lausanne between Greece and Turkey. Sali has appealed the decision to the European Court of Human Rights.

Is Turkey a Muslim country?

Although Turkey is a Muslim-majority country, since Kemal Atatürk's reforms and the creation of the Republic of Turkey, Sharia law was banned in 1924 and new westernized civil and penal codes were adopted in 1926.

What is mandatory arbitration?

For example, the law may allow parties to submit a dispute for binding arbitration to a mutually agreed-upon religious authority; mandatory arbitration by a specified or mutually-agreed arbitrator is also a common clause in commercial and labor union contracts.

What is the rule of slavery in Islam?

In Islamic jurisprudence, slavery was an exceptional condition, with the general rule being a presumption of freedom ( al-'asl huwa 'l-hurriya — " The basic principle is liberty ") for a person if his or her origins were unknown. Lawful enslavement was restricted to two instances: capture in war (on the condition that the prisoner is not a Muslim), or birth in slavery. Islamic law did not recognize the classes of slave from pre-Islamic Arabia including those sold or given into slavery by themselves and others, and those indebted into slavery. A well-known prophetic tradition has severely chastised those who enslave free people for monetary gain. Though a free Muslim could not be enslaved, conversion to Islam by a non-Muslim slave did not require that he or she then should be liberated. Slave status was not affected by conversion to Islam.

Why do Muslims use water?

Muslims use water for purification in most circumstances, although earth can also be used under certain conditions. Before prayer or other religious rituals, Muslims must clean themselves in a prescribed manner. The manner of cleansing, either wudhu or ghusl, depend on the circumstances.

What are the customs of Islam?

Practitioners of Islam are generally taught to follow some specific customs in their daily lives. Most of these customs can be traced back to Abrahamic traditions in Pre-Islamic Arabian society. Due to Muhammad's sanction or tacit approval of such practices, these customs are considered to be Sunnah (practices of Muhammad as part of the religion) by the Ummah (Muslim nation). It includes customs like: 1 Saying " Bismillah " (in the name of God) before eating and drinking. 2 Using the right hand for drinking and eating. 3 Saying " As-Salaam Alaikum " (peace be upon you) when meeting someone and answering with " Wa 'alaikumus salam " (and peace be upon you). 4 Saying " Alhamdulillah " (all gratitude is for only God) when sneezing and responding with " Yarhamukallah " (God have mercy on you). 5 Saying the " Adhan " (prayer call) in the right ear of a newborn and the Iqama in its left. 6 In the sphere of hygiene, it includes:#N#Clipping the moustache#N#Cutting nails#N#Circumcising the male offspring#N#Cleaning the nostrils, the mouth, and the teeth and#N#Cleaning the body after urination and defecation 7 Abstention from sexual relations during the menstrual cycle and the puerperal discharge, [ Quran 2:222] and ceremonial bath after the menstrual cycle, and Janabah ( seminal / ovular discharge or sexual intercourse). [ Quran 4:43][ Quran 5:6] 8 Burial rituals include funeral prayer of bathed and enshrouded body in coffin cloth and burying it in a grave.

What is the dress code in the Quran?

The Quran also places a dress code upon its followers. The rule for men has been ordained before the women: "say to the believing men to lower their gaze and preserve their modesty, it will make for greater purity for them and Allah is well aware of all that they do." [ Quran 24:30] The text continues, "And say to the believing women that they cast down their looks and guard their private parts and do not display their ornaments except what appears thereof, and let them wear their khumūr over their bosoms, and not display their ornaments except to their husbands..." [ 24:31] All those men in whose presence a woman is not obliged to practise the dress code are known as her mahrams. Men have a more relaxed dress code: the body must be covered from knee to waist. However, under Sharia law, women are required to cover all of their bodies except hands and face. Covering the face is the subject of some divergence of opinion amongst the scholars – some consider it to be compulsory since the face is the major source of attraction, whilst others consider it to be highly recommended. The rationale given for these rules is that men and women are not to be viewed as sexual objects. Men are required to keep their guard up and women to protect themselves. In theory, should either one fail, the other prevents the society from falling into fitna (temptation or discord).

What is purification in Islam?

In Islam, purification has a spiritual dimension and a physical one. Muslims believe that certain human activities and contact with impure animals and substances cause impurity. Classic Islamic law details how to recognize impurity, and how to remedy it. Muslims use water for purification in most circumstances, although earth can also be used under certain conditions. Before prayer or other religious rituals, Muslims must clean themselves in a prescribed manner. The manner of cleansing, either wudhu or ghusl, depend on the circumstances. Muslims' cleaning of dishes, clothing and homes are all done in accordance with stated laws.

Is interest on loans prohibited?

On this basis, the charging of interest on loans is prohibited, as are other transactions in which risks are borne disproportionately to the potential returns between parties to a transaction. The limits on personal liability afforded by incorporation are seen as a form of usury in this sense, as is insurance.

What is Islamic wealth?

Wealth includes savings, jewelry and land. Classic Islamic law details the tax, how it is assessed, its collection, and its distribution. Islamic law recognizes private and community property, as well as overlapping forms of entitlement for charitable purposes, known as waqf or trusts.

What is the Muslim personal law?

Muslim personal law. All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights ...

Who was Shah Bano married to?

A woman named Shah Bano was married to a man named Mohommed Ahmed Khan. Khan fathered several children with a second wife and Shah bano was forced out of the home; she initially sought a maintenance order for Rs. 500 per month, but was given only Rs. 200 per month upon the separation agreement.

When did the Muslim marriages act dissolve?

The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters.

Can a Muslim man divorce his wife?

It is said that the current organization of MPL in place discriminates against women in three distinct ways; they are that 1) a Muslim man is allowed to marry up to four wives at a time, 2) he can divorce his wife without entering into any legal processes , and 3) he does not need to provide financial support to his ex-wife after three months of the divorce, whereas men of other religions are likely required to support their ex-wives forever.

Is triple talaq legal in India?

On 22 August 2017, the Supreme Court of India deemed instant triple talaq unconstitutional. The Muslim Women (Protection of Rights on Marriage) Act, 2019, which declared instant talaq illegal and void, came into effect retroactively from 19 September 2018 after being given assent by the president of India on 31 July 2019 ...

What is Mahr in Islam?

Mahr is the total money or property that the husband is required to give the wife at the time of marriage ( Nikah ). The two types of mahr are the prompt mahr which is given to the wife soon after the marriage, and the deferred mahr, which is given to the wife when the marriage has ended, either due to the death of the husband or by divorce.

What was the significance of independence for India?

India's achievement of independence from the British was meant to bring about significant change in the regular life of Indians. Previously under British rule, Indian society was defined by social collectives, caste and religious identity, with a lack of focus on citizenship and the individual. An Indian's relationship with politics and the law was indeed determined by these social measures; the Fundamental Rights Constitution was passed and intended to reverse this concept that an individual could be limited based upon caste, religion, economic status, etc. However, the new standards laid out in the Constitution have not come to fruition in society, even 6 years after the passing of the act. Aspects of gender, caste and religion are still determinants of political influence and access to resources.

What is classical Islamic law?

Classical Islamic law is derived from the scriptural sources of Islam ( Quran and hadith) using various methodologies developed by different legal schools. It was historically interpreted by jurists ( muftis) who were expected to give a legal opinion ( fatwa) free of charge in response to any query. Family disputes were handled in sharia courts presided over by a judge ( qadi) who had enough legal education to decide some legal questions and queried a mufti if faced with a difficult legal issue. The judges were active members of the local community and were also involved in informal arbitration, which was the preferred method of resolving disputes. In court proceedings, they mediated between the letter of the law and exigences of the local social and moral concerns, with the overarching aim of ensuring social harmony. Actual legal practice sometimes deviated from the precepts of the legal school that was dominant in the area, at times to women's benefit and at times to their disadvantage. Members of all social classes and their witnesses argued their cases in court without professional legal representation, though members of the upper class generally did so through a representative. Women were commonly involved in litigation, usually as plaintiffs, were assertive in arguing their cases, and they were often treated sympathetically by the judge. According to legal doctrine, a woman's testimony in most areas of law carried half the weight of that of a man, though available evidence suggests that practical effects of this rule were limited and the legal standing of women in pre-modern Islam was comparable to or higher than that of their European contemporaries.

What is a nikah halala?

Nikah halala (also known as tahleel marriage) is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. However such marriages are forbidden in Islam, according to a Sahih graded Hadith which states that the Prophet Muhammed cursed those who did such marriages.

What is divorce in Islam?

Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are talaq ( repudiation ), khulʿ (mutual divorce), judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place.

Is a divorce final?

The divorce is final and irrevocable, effective when the contract is concluded. The couple cannot reconcile during the waiting period, defined as in the case of talaq, but the husband is required to pay maintenance during its term, unless the requirement is waived by the contract.

What is the mahr in Islam?

Additionally, the pre-Islamic bridewealth ( mahr ), which was paid by the groom to the bride's family, was transformed into a dower, which became property of the wife, though some scholars believe that the practice of giving at least a part of the mahr to the bride began shortly before the advent of Islam.

What is triple talaq?

Some legal schools held that a triple talaq performed in a single meeting constituted a "major" divorce, while others classified it as a "minor" divorce.

What is a Khul?

A khul' is concluded when the couple agrees to a divorce in exchange for a monetary compensation paid by the wife, which cannot exceed the value of the mahr she had received, and is generally a smaller sum or involves forfeiting the still unpaid portion. Hanafis and Malikis do not require a compensation paid by the wife.

Who performs amputations in Saudi Arabia?

Today in Saudi Arabia, for example, amputation for criminal punishment is not performed by a medical professional but rather by the designated professional executioner who also earns his living beheading people. Muhammad Saad Al-Beshi, Saudi Arabia's leading executioner, describes amputation:

What does Allah say about the hand of a thief?

Allah commands and decrees that the hand of the thief, male or female be cut off. During the time of Jahiliyyah, this was also the punishment for the thief, and Islam upheld this punishment. In Islam, there are several conditions that must be met before this punishment is carried out, as we will come to know, Allah willing. There are other rulings that Islam upheld after modifying these rulings, such as that of blood money for example.

What is the meaning of amputation?

Definition. Amputation, is the removal of part or all of a body part enclosed by skin. Within the context of Islam, it refers to the removal of the hands or feet. This, along with beheading, flogging, stoning, and crucifixion, is a prescribed punishment in Islamic law.

What is the punishment for stealing in Nigeria?

Amputation is used as punishment for theft in Nigeria, which reintroduced shariah law in 1999. This, along with other shari'ah punishments, are "overwhelmingly" supported by the Nigerian Muslim population, and by 2003 three men already had their arms amputated for stealing; a goat, a cow, and two bicycles. In Somalia, one man found guilty of ...

Who said Yahya related to me from Malik?

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq .

What does "cut off your hands" mean?

As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power.