At the moment, the world is dominated by three major religions: Christianity, Buddhism and Islam.Adherents of the latter are more than 800 million people.Islam is younger than the other religions, and he appeared in the 7th century AD, the Arab Caliphate.And at the same time it is formed by the emergence of Islamic law.This legal system is fundamentally different from the systems that exist in the Western countries.And she had a strong influence on the development of state and law in a number of Eastern countries.
And Islamic law emerged at a time when the western part of the Arabian Peninsula began to form a feudal state.But the legal system, that right was formed immediately.At the initial stage, when Islam and the Muslim community only developed and the process of creating a class society, and the state itself is not over yet, legal and other rules of conduct they still did not differ.A Muslim dogma, law and theology in this period were so closely intertwined that it is not yet independent ideology.It was only in the mid-10th century jurisprudence separated from theology, and formed the Muslim legal schools.And by the end of this century largely completed the process of the formation of the Muslim feudal state.At the same time Muslim law was a system of legal norms of behavior.
This right is inherently religious.And the main sources of Islamic law - is the Koran and the Sunnah.The Koran contains the sayings of the Prophet Muhammad, and are described in the Sunnah traditions of his decisions and actions.But in the Qur'an, which is the first and principal source of this law, there are only certain provisions that are legal in nature.And they are not sufficient to organize all legal norms.Therefore, none of the Muslim lawyer does not accept the Qur'an as a book of Islamic law.Moreover, many of the legal institutions that had a tremendous impact on the formation and development of the law, in this book there is no mention.
why any Muslim judge who dispenses justice, refers not to the Koran, interpreted that he should not, and books on Islamic law.These books were written at different times by different reputable jurists and religious scholars.And they contain the interpretation of Islamic law.And the Koran itself is the main book of Muslims and fundamental theological works.
criminal liability in the Islamic world is also based on religious principles.And Islamic criminal law is a basic in many Islamic countries.It is countries such as Iran, Libya, Iraq, Pakistan, UAE, Saudi Arabia and others.And in some Arab states, which also governs Islam, criminal law was influenced by European legislation, and it contains only some elements of the law.These countries include Syria, Morocco, Jordan and Lebanon.
and sources of criminal law is the doctrine of Islamic law, which is based on interpretations of the Koran and the Sunnah standards.This is due to the fact that these books contain only some of the provisions of criminal law.Also in criminal matters a lot decides to ijma - a view of authorities of Islam.Some of these issues are resolved kiyas - reasoning by analogy.But there are times when it is impossible to find the exact solution for a particular issue in the main sources of Islamic criminal law.And then the decision is made on the basis of ijtihad - the free discretion of the judge or another Islamic authority.
religious dogmas also determine the category of the crime and the degree of its severity.In Islam, there are five core values.This is the life, religion, procreation, mind and property.And crimes that infringe on these values, are considered the most serious, and Islamic law punishes them with all seriousness.For example, crimes that involve a violation of Islam, are classified as hadd.And here it is equated with apostasy and treason punishable by death.The same applies to the crime of rebellion.Rebels also face the death penalty.Another refers to the category of hadd alcohol.In Islam, it is an offense against reason and punishable by corporal punishment.And for adultery, each side can get 100 strokes of the cane.A thief in an Islamic country can remain without hands, and the thief will lose their heads.These Muslim laws.
