Sharīʿah
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Sharīʿah
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ...
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Islamic Criminal Jurisprudence
Islamic criminal law () is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". Islamic law divides crimes into three different categories depending on the offense – '' Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths), ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either ''Hadd'' or ''Tazir'' crimes. Crimes against God are prosecuted by the state as ''hudud'' crimes, and all other criminal matters, including murder and bodily injury, are treated as disputes between individuals with an Islamic judge deciding the outcome based on Sharia ''fiqh'' ...
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