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Qanun (law)
Qanun is an Arabic word ( ar, قانون, translit=qānūn; ota, قانون, translit=kānūn, derived from grc, κανών, translit=kanōn, which is also the root for the modern English word "canon"). Qanun can refer to laws established by Muslim sovereigns, in particular the body of administrative, economic and criminal law promulgated by Ottoman sultans, in contrast to sharia, the body of law elaborated by Muslim jurists. It is thus frequently translated as "dynastic law." History The idea of ''qanun'' entered the Muslim World in the thirteenth century, borrowed from the Mongol Empire following their invasions. The 10th sultan of the Ottoman Empire, Suleiman was known in the Ottoman Empire as Suleiman Kanuni ("the Lawgiver"), due to the laws he promulgated. After the fall of the Abbasid Caliphate in 1258, a practice known to the Turks and Mongols transformed itself into Qanun, which gave power to caliphs, governors, and sultans alike to "make their own regulations fo ...
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Arabic
Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter de Gruyter GmbH & Co. KG, Berlin/Boston, 2011. Having emerged in the 1st century, it is named after the Arab people; the term "Arab" was initially used to describe those living in the Arabian Peninsula, as perceived by geographers from ancient Greece. Since the 7th century, Arabic has been characterized by diglossia, with an opposition between a standard prestige language—i.e., Literary Arabic: Modern Standard Arabic (MSA) or Classical Arabic—and diverse vernacular varieties, which serve as mother tongues. Colloquial dialects vary significantly from MSA, impeding mutual intelligibility. MSA is only acquired through formal education and is not spoken natively. It is the language of literature, official documents, and formal writ ...
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Grand Mufti
The Grand Mufti (also called Chief Mufti, State Mufti and Supreme Mufti) is the head of regional muftis, Islamic jurisconsults, of a state. The office originated in the early modern era in the Ottoman empire and has been later adopted in a number of modern countries. Muftis are Islamic jurists qualified to issue a nonbinding opinion (''fatwa'') on a point of Islamic law (''sharia''). In the 15th century, muftis of the Ottoman empire, who had acted as independent scholars in earlier times, began to be integrated into a hierarchical bureaucracy of religious institutions and scholars. By the end of the 16th century, the government-appointed mufti of Istanbul came to be recognized under the title ''Shaykh al-Islam'' (Turkish: ''şeyhülislam'') as the Grand Mufti in charge of this hierarchy. The Ottoman Grand Mufti performed a number of functions, including advising the sultan on religious matters, legitimizing government policies, and appointing judges. After the dissolution the O ...
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Legal Codes
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in different common law and civil law systems, their usage is different. In a civil law country, a code of law typically exhaustively covers the complete system of law, such as civil law or criminal law. By contrast, in a common law country with legislative practices in the English tradition, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. A code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed. In a third case of slightly different usage, in the United States and other ...
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Legal Systems
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more pa ...
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Islamic Jurisprudence
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations ('' Tabi'un'' and '' Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interpret ...
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Arabic Words And Phrases
Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter de Gruyter GmbH & Co. KG, Berlin/Boston, 2011. Having emerged in the 1st century, it is named after the Arab people; the term "Arab" was initially used to describe those living in the Arabian Peninsula, as perceived by geographers from ancient Greece. Since the 7th century, Arabic has been characterized by diglossia, with an opposition between a standard prestige language—i.e., Literary Arabic: Modern Standard Arabic (MSA) or Classical Arabic—and diverse vernacular varieties, which serve as mother tongues. Colloquial dialects vary significantly from MSA, impeding mutual intelligibility. MSA is only acquired through formal education and is not spoken natively. It is the language of literature, official documents, and formal written ...
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Qanun Aceh
The province of Aceh in Indonesia enforces some provisions of Islamic criminal law, the sole Indonesian province to do so. In Aceh, Islamic criminal law is called ''jinayat'' (an Arabic loanword). The laws that implement it are called ''Qanun Jinayat'' or ''Hukum Jinayat'', roughly meaning "Islamic criminal code". Although the largely-secular laws of Indonesia apply in Aceh, the provincial government passed additional regulations, some derived from Islamic criminal law, after Indonesia authorized the province to enact regional regulations and granted Aceh special autonomy to implement Islamic law. Offences under the provisions include alcohol consumption, production and distribution, gambling, adultery, rape, sexual harassment, certain intimacies outside marriage, and certain homosexual acts. Punishments include caning, fines, and imprisonment. There is no provision for stoning; an attempt to introduce it in 2009 was vetoed by Governor Irwandi Yusuf. In 2016 Aceh process ...
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Maritime Law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg. History Sea ...
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Undang-Undang Laut Melaka
Undang-Undang Laut Melaka ( Malay for 'Maritime laws of Melaka', Jawi: ) was a legal code of Melaka Sultanate (1400–1511) that deals specifically on matters related to maritime laws and regulations, as well as nautical procedures concerning seafaring affairs of merchant vessels. It was composed by a group of Melakan shipowners, most of whom were Javanese in origin. The other important legal code of Melaka was the '' Undang-Undang Melaka'' ('laws of Melaka'), though it still contains certain provisions related to maritime laws, was sometime known as ''Undang-Undang Darat Melaka'' ('laws on the land of Melaka') instead. The clauses contained in the ''Undang-Undang Laut Melaka'' cover an extensive area, taking into account a wide variety of circumstances that could arise on a ship, with respect to social issues, such as slavery, adultery, murder, stealing, disrespecting an officer and negligence in carrying out duties; also, economic aspects such as tax and trade, including measure ...
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Malacca Sultanate
The Malacca Sultanate ( ms, Kesultanan Melaka; Jawi script: ) was a Malay sultanate based in the modern-day state of Malacca, Malaysia. Conventional historical thesis marks as the founding year of the sultanate by King of Singapura, Parameswara, also known as Iskandar Shah, although earlier dates for its founding have been proposed. At the height of the sultanate's power in the 15th century, its capital grew into one of the most important transshipment ports of its time, with territory covering much of the Malay Peninsula, the Riau Islands and a significant portion of the northern coast of Sumatra in present-day Indonesia. As a bustling international trading port, Malacca emerged as a centre for Islamic learning and dissemination, and encouraged the development of the Malay language, literature and arts. It heralded the golden age of Malay sultanates in the archipelago, in which Classical Malay became the ''lingua franca'' of Maritime Southeast Asia and Jawi script became ...
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Undang-Undang Melaka
Undang-Undang Melaka ( Malay for 'Law of Melaka', Jawi: اوندڠ٢ ملاک ), also known as ''Hukum Kanun Melaka'', ''Undang-Undang Darat Melaka'' and ''Risalah Hukum Kanun'', was the legal code of Melaka Sultanate (1400-1511). It contains significant provisions that reaffirmed the primacy of Malay customary law or ''adat'', while at the same time accommodating and assimilating Islamic principles. The legal code is believed originally compiled during the reign of Muhammad Shah (1424-1444), before it was continuously expanded and improved by the succeeding sultans. The Melaka system of justice as enshrined in the ''Undang-Undang Melaka'' was the first digest of laws, compiled in the Malay world. It became a legal resource for other major regional sultanates like Johor, Perak, Brunei, Pattani and Aceh, and has been regarded as the most important of Malay legal digests. History According to ''Malay Annals'', earliest form of justice system had been in existence since the ear ...
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Pahang Sultanate
The Pahang Sultanate ( Malay: ''Kesultanan Pahang'', Jawi: كسلطانن ڤهڠ ) also referred as the Old Pahang Sultanate, as opposed to the Modern Pahang Sultanate, was a Malay Muslim state established in the eastern Malay peninsula in 15th century. At the height of its influence, the Sultanate was an important power in Southeast Asian history and controlled the entire Pahang basin, bordering to the north, the Pattani Sultanate, and adjoins to that of Johor Sultanate to the south. To the west, it also extends jurisdiction over part of modern-day Selangor and Negeri Sembilan. The sultanate has its origin as a vassal to Melaka, with its first Sultan was a Melakan prince, Muhammad Shah, himself the grandson of Dewa Sura, the last pre-Melakan ruler of Pahang. Over the years, Pahang grew independent from Melakan control and at one point even established itself as a rival state to Melaka until the latter's demise in 1511. During this period, Pahang was heavily involve ...
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