A Legal Concept in Islam

The aim of this article is to answer the above-mentioned question: is there a moral obligation to follow an Islamic law in a Muslim country? Such a question requires that ascertain what defines as an Islamic law, and also, attempt to analyze the relationship between an Islamic country and Islamic law, in order to draw a conclusion on the matter. To begin, it is important to point out that there is no one definition of Islamic law, because each and every country is allowed by the Allah to legislate according to its own decisions and judgement. Additionally, each Islamic country has the option to either implement Islamic law, or to reject it altogether. Each country is free to define its laws accordingly.

It is important for us to note that the above definition is a generalization of the islamic concept, as there are many variations within the religion. We shall therefore not be discussing all of these variations, but instead focusing our attention on the basic concepts that underlie the concept of Islamic law, and the way in which it relates to Divine legislation. We will begin by examining how the concept of ‘law’ relates to Islamic law, and then we can move onto the variations that exist between countries with ‘Islamic law’. In the process we will examine what is meant by the term ‘law’ in the islamic context, as well as various definitions that have been given by religious scholars within the past.

The concept of ‘law’ is derived from the Arabic language and is used to refer to a body of legislation that is derived from verses in the holy Quran, and is obligated according to the intentions of the Allah. As such, the legal system is one of the most powerful in the world and is used to govern all aspects of life in Muslim majority nations. In order to put together a workable legal system in any country, all Muslims must agree upon a set of rules that they believe to be necessary for the betterment of their fellow Muslims. Given the fact that there is no single person or institution that governs over all people in the Muslim world, the decision making process is left up to the individuals themselves, and is based largely on the fact that they feel that they have received a direct revelation from Allah that allows them to make these decisions.

The first thing that we will look at is the definition of ‘law’. The term is sometimes used in conjunction with ‘jurisdiction’, which is a much more specific legal concept that is applied to islamic law, but is very similar in nature. The term is often used to refer to the authority that a judge has over his or her subjects, and is often times applied to a spiritual leader. A religious leader is not a judge, or even a prosecutor, but is instead a spiritual leader that is trusted by his/her followers to interpret Islamic teachings for them and help them in their day-to-day lives. This is in contrast to the ‘judicial’ concept of ‘law’ which is applied to all matters that fall under the jurisdiction of a court of law, whether it is criminal or civil matters.

Islamic law is also referred to as shariah (Arabic) and is derived from the Arabic language meaning ‘Sharia’, and is the basic legislation of Islam that is applicable to all subjects within the Muslim religion. There are three areas of specialization within islamic law, which include civil law, criminal law, and hudud (fiscal law). Each of these areas of specialization within islamic law is specified in specific provisions found in the Islamic Dietary Laws, Civil Contracts (CC contract), and the Statutes of Criminal Procedure.

Civil law is a branch of islamic law that includes personal issues such as divorce, inheritance, property ownership, child custody, procreation and other related issues. Civil laws are implemented through customary popular (code of behavior) which are derived from the religious writings of the islamic state. The Statute of Limitations is one of the important aspects of civil law within islamic state. The Statute of Limitations refers to the legal requirement for a party to prove the time period stated in the agreement, in order to claim compensation for civil wrongs committed during the time period.

Criminal law is different from civil law in that it is governed by a set of legislation called the penal code. Unlike civil law, criminal law does not have a sunset provision, so once it has been enforced, it remains in force for a fixed period of time, regardless of its acceptance by another part of the code. The penal code contains specific provision for crimes against property, human rights, discrimination on grounds of gender, race, religion, national origin, freedom, privacy, propaganda, public opinion, official conduct, abuse of office, bribe taking, piracy, terrorism, mobbing, sedition and offences against the peace, order and decency. Civil law does not have a specific provision for crimes against other than private wrongs, so these crimes against other persons are not taken into account in the calculation of the Statute of Limitations.

The concept of equity is also an important part of the law of law in Muslim majority countries. This concept is usually referred to as “aqidya” in Arabic and “al-iyya” in Persian. Under this concept, the partition of properties is determined by considering the proportionate shares of each party to the total value of property. This concept is based on the idea that all property is considered “equitable” and that only equities are recognized in law. This is the reason why only very small portions of properties are offered to women.