Muslim Law Legal System

MUSLIM LAW SYSTEMS AND MIXED SYSTEMS WITH A MUSLIM LAW TRADITION

From the University of Ottawa:

“(…) for religious law systems, we have included only Muslim law because of its permanent, broadly-based nature. However we referred once to Jewish law to take into account the particularities of Israel’s mixed legal system. Furthermore, some initially religious law systems have since lost their character and distinct status due to the fact that a number of their components have more or less been absorbed into customary or other legal systems. (…)

The Muslim legal system is an autonomous legal system which is of a religious nature and predominantly based on the Koran. In a number of countries of Muslim tradition, it tends to be limited to the laws relating to personal status, although personal status can be rather broadly defined.”

MUSLIM LAW MONOSYSTEMS

AFGHANISTAN
MALDIVES ISLANDS
SAUDI ARABIA

MIXED SYSTEMS OF MUSLIM LAW AND CIVIL LAW

ALGERIA
COMOROS ISLANDS
EGYPT
IRAN
IRAQ
LEBANON
LIBYA
MAURITANIA
MOROCCO
PALESTINE
SYRIA
TUNISIA

MIXED SYSTEM OF MUSLIM LAW AND CUSTOMARY LAW

UNITED ARAB EMIRATES

MIXED SYSTEMS OF MUSLIM LAW AND COMMON LAW

BANGLADESH
PAKISTAN
SINGAPORE
SUDAN

MIXED SYSTEMS OF MUSLIM LAW, CIVIL LAW AND CUSTOMARY LAW

DJIBOUTI
ERITREA
INDONESIA
JORDAN
KUWAIT
OMAN
TIMOR LESTE

MIXED SYSTEMS OF MUSLIM LAW, COMMON LAW AND CUSTOMARY LAW

BRUNEI
GAMBIA
INDIA
KENYA
MALAYSIA
NIGERIA

MIXED SYSTEMS OF MUSLIM LAW, COMMON LAW, CIVIL LAW AND CUSTOMARY LAW

BAHRAIN
QATAR
SOMALIA
YEMEN

MIXED SYSTEM OF CIVIL LAW, COMMON LAW, JEWISH LAW AND MUSLIM LAW

ISRAEL

Human Rights

What follows are two attempts, not since revised or replaced, by Muslim international
organizations to state an Islamic UDHR, with all that implicitly entails as to the authors’ opinion as to UDHR’s universal validity:

• “The Cairo Declaration in Human Rights in Islam,” (https://www1.umn.edu/humanrts/instree/cairodeclaration.html). This declaration was endorsed August 1990 by the foreign ministers of the Organization of the Islamic Conference (OIC), a sort of League of Nations for Muslim-majority countries.
• “Universal Islamic Declaration of Human Rights,” (alhewar.com/ISLAMDECL.html). This document was prepared by representatives from Egypt, Pakistan, Saudi Arabia, and
  other countries under the auspices of the Islamic Council, a private, London-based
  organization affiliated with the Muslim World League, an international, nongovernmental
  organization headquartered in Saudi Arabia that tends to represent the interests and views
  of conservative Muslims. The declaration was presented with great public fanfare to the
  [UNESCO] in Paris.” Mayer, p. 21.

Tariq Ramadhan’s call for a moratorium on corporal punishment, stoning and the death
penalty in the Islamic World, is here: tariqramadan.com/spip.php?article264. A western liberal Islamic thinker, a strong advocate for a reformed Islam who yet wishes to be on good terms with all schools of thought, Tariq proposes postponing application of several explicit injunctions of the Qur’an on the ground of social and political conditions. His proposal provoked much controversy

Resources

See Also

Islamic School of Law
Islamic Marriage Contract
Islamic Family Law
Conditional Divorce
Indonesia
Sharia Law
Islamic Finance
Islamic Contract Law

Further Reading

• AL-AZMEH, A., (ed.), Islamic Law : Social and Historical Contexts, London, Routledge,1988.
• ANDERSON, J.N.D., Islamic Law in the Modern World, New York, New York University Press,1959.
• ALDEEB, S., Introduction à la société musulmane : fondements, sources et principes, Paris, Eyrolles, 2006.
• AN-NA’IM, A.A., (ed.), Islamic Family Law in a Changing World, London, Zet Books Ltd., 2002.
• Maududi, S. Abdul A’la, Fundamentals of Islamic Constitution, from ISLAMIC LAW AND CONSTITUTION (Islamic Publications, Ltd., 1955).
• An-Na’im, A., TOWARD AN ISLAMIC REFORMATION (Syracuse: Syracuse Univ. Press, 1990) pp. 170-72, 175-181, and notes.
• Mayer, A.E., Islam and Human Rights, 5th ed. (Boulder: Westview Press, 2013), pp. ix – xiv
• BLEUCHOT, H., Droit musulman: approche anthropologique, t.1 : histoire, Aix-en-Provence, P.U. d’Aix-Marseille, 2000.
• BOTIVEAU, B., Loi islamique et droits dans les sociétés arabes : mutation des systèmes juridiques du Moyen -Orient, Paris, Khartala, 1993.
• Ralph Grillo, Muslim Families, Politics and the Law: A Legal Industry
• HALLAQ, W., The Origins and Evolution of Islamic Law, Cambridge, Cambridge University Press, 2005.
• HOOKER, M.B., Islamic Law in South-East Asia, Oxford University Press, 1984.
• LAPIDOTH-ESCHELBACHER, R., The Red Sea and the Gulf of Aden , The Hague, Martinus Nijhoff Publishers, 1982.
• MAWIL, I.-D., Islamic Law: From Historical Foundations to contemporary Practice, Edinburgh, Edinburgh University Press, 2004.
• MILLIOT, L., Introduction à l’étude du droit musulman, Paris, Sirey, 1952.
• PEARL, D. and MENSKI, W., Muslim Family Law, 3rd ed., London, Sweet & Maxwell, 1998.
• ROSEN, L., The Justice of Islam : Comparative Perspectives on Islamic Law and Society, Oxford, Oxford University Press, 2000.
• SCHACHT, J., Introduction au droit musulman, 2e éd., Paris, Maisonneuve et Larose, 2000.
• YILMAZ, I., Muslim laws: Politics and Society in Modern Nation States, Aldershot, Ashgate, 2005.
• WELCHMAN, L., Beyond the Code: Muslim Family Law and the Shari’a Judiciary in the Palestinian West Bank, The Hague, Kluwer Law International, 2000.