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Unlike common law, judges' verdicts do not set binding precedents [225] under the principle of stare decisis, [226] and unlike civil law, Sharia is left to the interpretation in each case and has no formally codified universal statutes. [227] The rules of evidence in Sharia courts traditionally prioritize oral testimony, and witnesses must be ...
Main schools of thought within Sunni Islam, and other prominent streams. Islamic jurisprudence or fiqh is the human understanding of Sharia, which is believed by Muslims to represent divine law as revealed in the Quran and sunnah (the practices of the Islamic prophet Muhammad).
Xeer (pronounced ) is the traditional legal system used by Somalis in Somalia, Djibouti, Somali Region of Ethiopia, and the North Eastern Province in Kenya. It is one of the three systems from which formal Somali law draws its inspiration, the others being civil law and Islamic law. [1]
The wide variety in forms of government, systems of law, attitudes toward modernity and interpretations of sharia are a result of the ensuing drives for independence and modernity in the Muslim world. [46] [47] Muslim states, sects, schools of thought and individuals differ as to exactly what sharia law entails. [48]
The Taliban's supreme spiritual leader said the group had transformed Afghanistan into an Islamic sharia-based country, as the former insurgents marked three years of rule with a huge military ...
Muslims are required to use Sharia law for cases regarding marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death. [44]
Maslaha or maslahah (Arabic: مصلحة, lit. ' public interest ') is a concept in Sharia (Islamic divine law) regarded as a basis of law. [1] It forms a part of extended methodological principles of Islamic jurisprudence (uṣūl al-fiqh) and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public ...
Only a person versed in Islamic law i.e. a qadi, or Islamic Sharia court judge, can grant the khulʿ without the husband's consent. When petition for khulʿ is taken to the Sharia courts, a judge is permitted to substitute the husband and annul the marriage.