David Carl<David_Carl at (no spam) fester.com> wrote:
One of the biggest problem with Muslims, IMHO, is that by virtue of their
religion, they are required not only to live by the Sharia Law outlined in the
Quran, but to have the government of the land they live in to use the same
Sharia Law legal system.
Except of course that they don't.
Most Moslem countries do NOT have Sharia law except in the civil
arena. And the largest ones, Turkey, Indonesia, Bangladesh and
Pakistan, have a secular legal system, with only a few Islamic
considerations in their laws.
There is tremendous variety in the interpretation and implementation
of Islamic Law in Muslim societies today. Liberal movements within
Islam have questioned the relevance and applicability of Sharia from
a variety of perspectives; Islamic feminism brings multiple points of
view to the discussion. Some of the largest Muslim countries,
including Indonesia, Bangladesh and Pakistan, have largely secular
constitutions and laws, with only a few Islamic Law provisions in
family law. Turkey has a constitution that is officially strongly
secular. India and the Philippines are the only countries in the
world that have separate Muslim civil laws, wholly based on Sharia.
In India, Muslim civil laws are framed by the Muslim Personal Law
board while in the Philippines, it is framed by the Code of Muslim
Personal Laws. However, the criminal laws in both the countries are
In September 2008, newspapers in the United Kingdom stated the
government had "quietly sanctioned" the recognition of Sharia courts.
This refers to situations where both sides in a legal dispute freely
choose a Sharia court as a binding arbitrator rather than taking a
matter before the official courts. The decision did not break new
ground: the decisions of similar Jewish beth din court arbitrations
have been recognized in England for over 100 years. Neither
party can be forced into arbitration by a Sharia or a Jewish court.
Most countries of the Middle East and North Africa maintain a dual
system of secular courts and religious courts, in which the religious
courts mainly regulate marriage and inheritance. Saudi Arabia and
Iran maintain religious courts for all aspects of jurisprudence, and
the Mutaween (religious police) assert social compliance. Laws
derived from Sharia are also applied in Afghanistan, Libya and Sudan.
Sharia law is officially recognised by the justice system in Israel
in matters of personal status of Muslims if they choose a Sharia
court (e.g. marriage, divorce, guardianship.) Judges' salaries are
paid by the state. Lebanon also incorporates Sharia law for
Muslims in family matters. Some states in northern Nigeria have
reintroduced Sharia courts. In practice the new Sharia courts in
Nigeria have most often meant the re-introduction of harsh
punishments without respecting the much tougher rules of evidence and
testimony. The punishments include amputation of one/both hands for
theft and stoning for adultery.
Note that even Israel allows Sharia law. But not for criminal cases.
That has made it virtually impossible for Muslims
living in non-Sharia Law lands to be complete to their faith.
No more than Christians and Jews cannot be complete without Biblical