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Muslim law : ウィキペディア英語版
Sharia

Sharia or sharia law ( (), is the basic Islamic legal system〔Oxford English Dictionary, under ‘sharia’.〕 derived from the religious precepts of Islam, particularly the Quran and the Hadith. The term sharia comes from the Arabic language term ''sharīʿah'', which means a body of moral and religious law derived from religious prophecy, as opposed to human legislation.〔Ritter, R.M. (editor) (2005). ''New Oxford Dictionary for Writers and Editors – The Essential A-Z Guide to the Written Word''. Oxford: Oxford University Press. p. 349.〕〔Rehman, J. (2007), The sharia, Islamic family laws and international human rights law: Examining the theory and practice of polygamy and talaq, International Journal of Law, Policy and the Family, 21(1), pp 108-127.〕
Sharia deals with many topics, including crime, politics, marriage contracts, trade regulations, religious prescriptions, and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, everyday etiquette and fasting. Adherence to sharia has served as one of the distinguishing characteristics of the Muslim faith historically. In its strictest and most historically coherent definition, sharia is considered in Islam as the infallible law of God.〔Coulson, N. J. (2011), A history of Islamic law, Aldine, ISBN 978-1412818551〕
There are two primary sources of sharia: the Quran, and the Hadiths (opinions and life example of Muhammad).〔Esposito, John (2001), Women in Muslim family law, Syracuse University Press, ISBN 978-0815629085〕 For topics and issues not directly addressed in these primary sources, sharia is derived. The derivation differs between the various sects of Islam (Sunni and Shia are the majority), and various jurisprudence schools such as Hanafi, Maliki, Shafi'i, Hanbali and Jafari.〔 The sharia in these schools is derived hierarchically using one or more of the following guidelines: Ijma (usually the consensus of Muhammad's companions), Qiyas (analogy derived from the primary sources), Istihsan (ruling that serves the interest of Islam in the discretion of Islamic jurists) and Urf (customs).〔〔
Sharia is a significant source of legislation in various Muslim countries. Some apply all or a majority of the sharia code, and these include Saudi Arabia, Sudan, Iran, Iraq, Afghanistan, Pakistan, Brunei, United Arab Emirates, Qatar, Yemen and Mauritania. In these countries, sharia-prescribed punishments such as beheading, flogging and stoning continue to be practiced judicially or extra-judicially.〔 The introduction of sharia is a longstanding goal for Islamist movements globally, including in Western countries, but attempts to impose sharia have been accompanied by controversy,〔Hamann, Katie (December 29, 2009). ("Aceh's Sharia Law Still Controversial in Indonesia" ). Voice of America. Retrieved September 19, 2011.
* Iijima, Masako (January 13, 2010). ("Islamic Police Tighten Grip on Indonesia's Aceh" ). Reuters. Retrieved September 18, 2011.
* ("Aceh Sharia Police Loved and Hated" ). ''The Jakarta Post.〕 violence,〔Staff (January 3, 2003). ("Analysis: Nigeria's Sharia Split" ). BBC News. Retrieved September 19, 2011. "Thousands of people have been killed in fighting between Christians and Muslims following the introduction of sharia punishments in northern Nigerian states over the past three years".
* Harnischfeger, Johannes (2008).
p. 16. "When the Governor of Kaduna announced the introduction of Sharia, although non-Muslims form almost half of the population, violence erupted, leaving more than 1,000 people dead."
p. 189. "When a violent confrontation loomed in February 200, because the strong Christian minority in Kaduna was unwilling to accept the proposed sharia law, the sultan and his delegation of 18 emirs went to see the governor and insisted on the passage of the bill."
* Mshelizza, Ibrahim (July 28, 2009). ("Fight for Sharia Leaves Dozens Dead in Nigeria – Islamic Militants Resisting Western Education Extend Their Campaign of Violence" ). ''The Independent''. Retrieved September 19, 2011.
* ("Nigeria in Transition: Recent Religious Tensions and Violence" ). PBS.
* Staff (December 28, 2010). ("Timeline: Tensions in Nigeria – A Look at the Country's Bouts of Inter-Religious and Ethnic Clashes and Terror Attacks" ). Al Jazeera English. Retrieved September 19, 2011. "Thousands of people are killed in northern Nigeria as non-Muslims opposed to the introduction of sharia, or Islamic law, fight Muslims who demand its implementation in the northern state of Kaduna.".
* Ibrahimova, Roza (July 27, 2009). ("Dozens Killed in Violence in Northern Nigeria" ) (video (requires Adobe Flash; 00:01:49)). Al Jazeera English. Retrieved September 19, 2011. "The group Boko Haram, which wants to impose sharia (Islamic law) across the country, has attacked police stations and churches."〕 and even warfare.〔(). ''Library of Congress Country Studies: Sudan:''. "The factors that provoked the military coup, primarily the closely intertwined issues of Islamic law and of the civil war in the south, remained unresolved in 1991. The September 1983 implementation of the sharia throughout the country had been controversial and provoked widespread resistance in the predominantly non-Muslim south ... Opposition to the sharia, especially to the application of hudud (sing., hadd), or Islamic penalties, such as the public amputation of hands for theft, was not confined to the south and had been a principal factor leading to the popular uprising of April 1985 that overthrew the government of Jaafar an Nimeiri".
* Marchal, R. (2013), Islamic political dynamics in the Somali civil war. Islam in Africa South of the Sahara: Essays in Gender Relations and Political Reform, pp 331-352
* (【引用サイトリンク】title=PBS Frontline: "Civil war was sparked in 1983 when the military regime tried to impose sharia law as part of its overall policy to "Islamicize" all of Sudan." )
* Tibi, Bassam (2008). ''Political Islam, World Politics and Europe''. Routledge. p. 33. "The shari'a was imposed on non-Muslim Sudanese peoples in September 1983, and since that time Muslims in the north have been fighting a jihad against the non-Muslims in the south."〕 Most countries do not recognize sharia; however, some countries in Asia, Africa and Europe recognize parts of sharia and accept it as the law on divorce, inheritance and other personal affairs of their Islamic population.〔
* Stahnke, Tad and Robert C. Blitt (2005), "The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries." Georgetown Journal of International Law, volume 36, issue 4; also see (Sharia Law profile by Country ), Emory University (2011)〕 In Britain, the Muslim Arbitration Tribunal makes use of sharia family law to settle disputes, and this limited adoption of sharia is controversial.〔Taher, Abul (September 14, 2008). Revealed: UK’s first official sharia courts. The Sunday Times
* (Inside Britain's Sharia courts ) Jane Corbin, The Telegraph (April 7, 2013)
* Bowen, J. R. (2009). How could English courts recognize Shariah?, U. St. Thomas Law Journal, 7, 411〕
The concept of crime, judicial process, justice and punishment embodied in shari'a is different from that of secular law.〔Encyclopædia Britannica, see article on (Shari'ah (Islamic law) ), 2006
* Otto, J. M. (2008). Sharia and National Law in Muslim Countries (Vol. 3), Amsterdam University Press〕 The differences between sharia and secular law have led to an ongoing controversy as to whether sharia is compatible with secular forms of government, human rights, freedom of thought, and women's rights.〔〔〔Al-Suwaidi, J. (1995). Arab and western conceptions of democracy; in Democracy, war, and peace in the Middle East (Editors: David Garnham, Mark A. Tessler), Indiana University Press, see Chapters 5 and 6; ISBN 978-0253209399〕
==Etymology and origins==
Scholars describe the word ''sharia'' (/ʃɑːˈriːɑː/, also shari'a, šarīʿah) as an archaic Arabic word denoting "pathway to be followed" (analogous to the Hebrew term Halakhah (Way to Go" )),〔Abdal-Haqq, Irshad (2006). ''Understanding Islamic Law – From Classical to Contemporary'' (edited by Aminah Beverly McCloud). Chapter 1 ''Islamic Law – An Overview of its Origin and Elements''. AltaMira Press. p. 4.〕 or "path to the water hole". The latter definition comes from the fact that the path to water is the whole way of life in an arid desert environment.〔Weiss, Bernard G. (1998). ''The Spirit of Islamic Law''. Athens, Georgia: University of Georgia Press. p. 17. ISBN 978-0-8203-1977-3.〕
The etymology of ''sharia'' as a "path" or "way" comes from the Quranic verse: "Then we put thee on the (right) ''Way'' of religion so follow thou that (Way), and follow not the desires of those who know not."〔 Malik Ghulam Farid in his ''Dictionary of the Holy Quran'', believes the "Way" in 45:18 (quoted above) derives from ''shara'a'' (as prf. 3rd. p.m. sing.), meaning "He ordained". Other forms also appear: ''shara'u'' as (prf. 3rd. p.m. plu.), "they decreed (a law)"; and ''shir'atun'' (n.) meaning "spiritual law".〔(【引用サイトリンク】title=Dictionary of the Holy Quran by Malik Ghulam Farid (2006) )
The Arabic word ''sharīʿa'' has origins in the concept of ‘religious law’; the word is commonly used by Arabic-speaking peoples of the Middle East and designates a prophetic religion in its totality. Thus, sharīʿat Mūsā means religious law of Moses (Judaism), sharīʿat al-Masīḥ means religious law of Christianity, sharīʿat al-Madjūs means religious law of Zoroastrianism.〔
The Arabic expression شريعة الله (God’s Law) is a common translation for תורת אלוהים (‘God’s Law’ in Hebrew) and νόμος τοῦ θεοῦ (‘God’s Law’ in Greek in the New Testament (7: 22 )).〔Ullmann, M. (2002), Wörterbuch der griechisch-arabischen Übersetzungen des neunten Jahrhunderts, Wiesbaden, p. 437. Rom. 7: 22: ‘συνήδομαι γὰρ τῷ νόμῳ τοῦ θεοῦ’ is translated as ‘أني أفرح بشريعة الله’〕 In contemporary Islamic literature, sharia refers to divine law of Islam as revealed by prophet Muhammad, as well as in his function as model and exemplar of the law.〔
Sharia in the Islamic world is also known as ' ().

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