Archive for the ‘sharia law’ Category

Practicing sharia?

Tuesday, July 19th, 2011

Article by C.

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Sharia is regarded as one of the strictest rules in Islamic cultures to adopt Sharia law in many Muslim countries around the world. Those who do not go with these laws can be made in many countries for resistance against Islam and the law. The laws are very strict, especially for women who have virtually no rights under the Shariah relate.

For example, under Sharia, a woman who is raped is stoned to death. Rape is a crime to be seen to promote violence when they were alone be held responsible for their families and women. Although men are punished as well, women often bear the brunt of the punishment, if it is determined by the men responsible for ensuring that they have something that caused the attack. Their punishment will be worse than that of the author.

Women must be covered by Sharia law, as well. You can not expose their hair and clothing that covered her arms to the wrists and legs to bring to the ankle. In some cultures, they have to wear loose clothing are not allowed to show their shape. The reason for this is that women seduce men, things like commitment, for example, rape or adultery with a simple out and about to be done in modern dress. In many Islamic countries, it is a crime, even for Western women to go to the visit will be exposed.

Sharia also focuses on the actions of others and in relation to Islam. Men who do not pray, or do not believe in Islam can not be put to death according to sharia, because they are blasphemous. There is no place in Islam for homosexuality, because a crime punishable by death for those who are in this kind of behavior. In Western countries, Muslims have the freedom to practice their religion as they wish. But taken in Islamic countries where sharia is the law, then everyone should be prescribed as a practice or risk jail, or have not even death.

Those who are against Sharia law in countries where the law of the country also open to a death sentence. Those who believe in Islam or not to believe in another religion, even death for their faith are in Islamic countries. A growing number of countries in the Middle East are increasingly fanatical, when to adopt it for their religion and laws that mandate that people come to behave according to their interpretation of the Koran. The Middle East, which was in a constant state of agitation year now to see more agitation and the rise of those that sharia be adopted, that the rights that many take for those in the West take for granted, because they lived with them for life. It is believed that some people fleeing from Muslim countries to Western countries to do so, for freedom, who have removed their own country.



About the Author

Sharia , women have virtually no rights. To learn more about Sharia and how it affects all communities, go to Western civilization.

The difference between the Western family law and Sharia

Tuesday, July 19th, 2011

Article

by Andrew Marshall

Sharia is the body of a rule in Islamic countries around the world. It is the law the most widely used religious on the planet. Many different aspects of Sharia laws in Western countries in Europe and North America. One area where sharia law is different in the family.

There is much debate in the Islamic world and beyond, from which the interpretations of Sharia law are correct and which not. He is often accused of treating women badly, but it is a school, but it was invented to protect women. As the practice of Sharia varies in different cultures and countries, can not this article just for all the nations of the practice. Some countries, like Iran, Sudan and Saudi Arabia are too dependent on their own interpretations of sharia, while countries like India and Pakistan are more liberal.

Most of the principles of Sharia law is on the family. Unlike Western cultures, when it comes to family law, a certain behavior in the family by law or is against the law requires, and failure to comply may result in sanctions. There are a number of so-called hadd crimes, including adultery and false accusations of adultery. Sexual activity outside marriage and homosexuality, also fall into this category. In some cases, the perpetrators of these crimes could receive punishments such as stoning or the death penalty. They are rarely given these days, and in most cases, a lesser sentence.

When it comes to divorce can be very different from the laws of the West. In some areas of divorce is the only decision of men, while in other women the same rights to divorce. An interpretation of the law is that man has just the Islamic equivalent of “I disown you,” say three times for a divorce to be official. This means that these words in a moment of weakness could mean the end of a marriage, even if it is not what he really wanted. If he then changes his mind, his wife must wait three months before their marriage and divorce from someone else, and then wait three months before their marriage, her husband home. This is very different from a divorce west, where a divorce by the court, before it is granted is to go for several months and may even take years.

The way men and women are treated when it comes to divorce varies according to some interpretations of Sharia law and the Family in the West. Sharia law in certain rights such as child custody and possession of real estate are likely to go to men, while in Europe, for example, they are more for women, although this depends on the circumstances.

© Andrew Marshall

divorce lawyer in London


About the Author

I am a student who enjoys writing on a variety of topics.

Sharia

Tuesday, July 19th, 2011

Article by Muhammad Younis

Sharia is the sacred law of Islam. Are discussed in the Western world, where Islam is in its infancy and the public understands the issue of sharia is accompanied by controversy and confusion. Muslims believe that Sharia law is based on two sources of Islamic law – the divine revelations of Allah revealed the Quran and the teachings of the Islamic prophet Muhammad. All Muslims believe that Sharia is the law of God, but they do not know what exactly agree with the Sharia. The traditionalists, modernists and fundamentalists all have different opinions and interpretations of Sharia, and scientists to various schools of Islamic thought also to hold different interpretations. In addition, countries and cultures interpret Sharia differently.

Much of the controversy and confusion is the fact that sharia covers topics that are already treated with secular laws – topics such as crime, economics and politics, and more personal questions such as hygiene, nutrition, sexuality, fasting and prayer. In countries where Sharia law is official, it is applied by Gadi, or Islamic judge. The Imam is the person who leads the congregational prayer, and it has different roles depending on how Sharia is interpreted. It can be a religious leader, scholar, or politician.

Some people believe that the introduction of sharia is a target for Islamist movements in Muslim countries and eventually the world. Have some of the Muslim minorities in Asia already recognized Shariah review process and community affairs staff. In Western civilization, Muslim minorities have used Sharia family law into their own conflicts, but attempts to impose Sharia law on a large scale at times violent and war suffering. Some described the Shariah as a complex and diverse spiritual tradition, rather than a clear set of specific rules and regulations that you can easily apply to situations of life. Others believe that even if Sharia is based on extensive literature, not its foundations by a sole authority, and it is common opinion of the Islamic community.

Most Muslims consider themselves part of a Sunni or Shiite Islam. There are different schools of thought and study in these two sects. They have common characteristics, but differ in detail. Traditional Sunni Muslims believe in the basic code of the Koran, but also add to the consensus of the companions of Muhammad and Islamic jurists, when certain subjects. If there are no specific rules established in the sources, scientists use different forms of reasoning from the specific legal nature of the divine principles of the Koran, combined with previous decisions by the previous. Other sources such as the community, the public interest, and others are also in addition to the Sharia, to the extent permitted.

Shiites also believe in the “base code”, but rejected the innovations and practices and the consensus of the analogies with the code, say they have no value. Shi’ites believe courts have a recurring theme in the logic , the Shiites, to mention, believe, do and value more than most of the Sunnis. You do not think the logic, as a source for legislation, but believe they see a way to determine if a derivative work aligns with the Koran.

Muslim countries, including Turkey, Mali and Kazakhstan declared a secular state. In these countries there is religious law to interfere with the affairs of State law and policy prohibits the Sharia is the only family and personal affairs is limited. However, there are many countries where sharia is more influential and plays a more important role.

Pakistan, Afghanistan , Sudan, Nigeria, Indonesia, Malaysia, Morocco and legal systems, which are strongly influenced by Sharia law, although ultimately gave power to the constitution of national and local laws. Although some of these countries are governed by authoritarian leaders, they lead to democratic elections. Most have modernized their legal systems and now have laws that are clearly the classical law of Sharia. However, not Saudi Arabia and other Gulf states not to legislatures or constitutions, and to use the classic Sharia. Although Iran has a parliament, he also shares some characteristics of countries alone governs the Sharia.

Although there are many different interpretations of Sharia, and there are different perspectives on any interpretation, most Muslims agree that Sharia is God’s will for man. Therefore, the Sharia, to live in its purest sense, a stable and perfect laws. And as such is the refinement and continued growth of Sharia effort is made to reflect the will of God for humanity is more perfect.


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Common law Questions and Answers

Sunday, March 21st, 2010

Minnesota common law- How many years do you have to live together before the state considers you married?
hate to tell you this, but common law marriage is not recognized in Minnesota – only Alabama Colorado District of Columbia Georgia (if created before 1/1/97) Idaho (if created before 1/1/96) Iowa Kansas Montana New Hampshire (for inheritance purposes only).

free legal advice?
MY ex husband and father of my children died in 2006. he lived 20 years common law. i have no idea if had a will but the kids were short changed on any fincial gained by his common law wife. are they entitled to any inheritance? shortly before he died he had won about $ 30.

New rules for co-habitees?
New laws giving rights of money/property to non-married couples Not yet I’m afraid. There is still no such thing as common law. As a partner there are no rights to the other partner’s money belongings or property. It goes to the next of kin, unless the will specifies otherwise. The next of kin then has.

What exactly is ‘common law’? is it just for the proletariat or can rich people use it too?
Common Law/common law (the capitalisation is important here) has two seperate meaning. Common Law with capitalisation is the term for describing a legal system, and it is one of the family of legal systems. The most famous example of a.

What is a tortfease?
I have seen term used in common law and hand rule concerning punitive damages?? Do you mean Tortfeasor? A tortfeasor is a person or entity who commits a tort. Torts are civil wrongs, as opposed to criminal offenses, for which there is a legal remedy for harm caused. Tort law is law created through judges.

What is English Common Law?
I’ve read a lot about it lately, but I don’t understand what it means. How is it different between other legal systems? Ex) I read Hong Kong has retained Common Law, and not adopted the Chinese Legal System. What’s the difference? The essence of English common law is that it is made by judges.

Where do I start for spousal support & child support in texas??
Spousal support is very difficult to get in Texas. We have no long term alimony and only have spousal support in very limited circumstances. It has to be in a decree of divorce. If you were never cerminonially married and can’t prove common law marriage you.

Who would be the next of kin?
Is an adult child the next of kin to a deceased mother, or is the deceased person’s parents the next of kin? In most contemporary common-law jurisdictions, the law of intestacy is patterned after the common law of descent. Property goes first to a spouse, then to children and their descendants; if.

Do I need to file for custody if we are not legally married?
Me and my boyfriend have two kids (7 years old and 18 months old), we’ve been together for 8 years but we never got married. Maryland does not recognize the ‘common law’, and the little assets we have I am sure there will not be a.

Do you foresee Sharia law being an effective replacement to English common law when it becomes the US law?
Sharia law couldn’t even come close to the equality level of English common law. Granted, English common law is not perfect, but at least it doesn’t allow insane, ignorant thugs complete control of our government. There may be a.

Felony and expungment in SC?
We live in SC. My common law hushand has 2 felonies he wants to get expunged, one of them is with possision of meythampitames this happened in 95. Plus a assluat and battery w/ intent to kill or assluat and battery w/ intent he was in jail for 6-9 months and had 2or 3.

If the partner dies intestate, do common-law spouses inherit anything?
Yes, after about 6 months of living together, I believe common-law spouses are considered no different than married spouses. – It depends on if your state recognizes common law partnerships. – This is a state issue, and only your state laws will dictate the outcome. See a lawyer.

So you think you own your freehold .Really.?
according to the history books and various other references,All land wether purchased or not,belongs ultimately to the crown. All property and land eventually returns to the crown under the term escheated. Is this correct , Any legal beavers out there. Under English common law, all land originally belongs to the crown.

The authority for the judicial branch in a state to make up procedural rules comes from?
A. its state constitution, statutes, or the judicial branch itself. B. the power of the court to control its proceedings. C. the evolving American common law. D. acts of the U.S. Congress or Senate. A – A,B and C – b Feels like.

What is the difference between the US and the UK?
*LAW wise*. *not* politics or who is better. I’d just like to know the difference in the laws, please. The basics of the legal system aren’t all that different. The UK is built on English ‘common law,’ which is basically the collective term for the rights, procedures, and case.

What is the legal statis of people male & female co-habiting?
There are certain stipulations to qualify for common law other than just living together as well as a timeline (for my state it’s 6 months). You can be roommates but if you don’t represent yourselves publically as a couple then common law does not apply. There are.

What laws came before the United States Constitution?
When the original states were colonies, there were three sources of law — the common law (judicial decisions), statutes passed by the British Parliament, and each colony had local laws. After the colonies broke away and became states, most states passed a reception statute (a statute which adopted the common.

Where can I find general info on sentencing policies for various offences in Scotland/England?
The law regarding sentencing is quite complicated. You would need access to a good Criminal law practitioner’s textbooks because the general info is not necessarily how the courts apply the law in practice. There is also a lot of common law. A good start.

You’re a lawyer, and you must argue whether or not a new state statute is constitutional.?
A. federal codes. B. the U.S. Constitution. C. the state constitution. D. common law. Well since you seem to be arguing the constitutionality of a new state statue, you can only argue on the State or US Constitution. Federal codes and common law.

How does a dual UK-USA citizen go about changing his name?
I’m a dual UK-USA citizen and am curious to know how one can go about changing one’s name. I have an American and a British passport. I know that theoretically, all Americans have the right to change their names at will, and in England common law allows you.

British constitution is what happens.discuss.?
this is my tutorial question.i dont know what it means.pls help,thanks. The UK constitution is not a codified one, meaning that it is not listed in one single document. It’s based upon constitutional conventions, Parliamentary statutes, common law and works of authority. – Maybe if you used normal English when discussing a question about.

Business Law Question?
1. The question that are asked for prospective jurors, to determine if they are biased toward or against either the plaintiff or defendant, are referred to as “interrogatories.?T/F State your reason. 2. Ashley and her boyfriend live together in Washington for seven years. They will now be considered legally married under the common law of.

arbitration?
I have won my case against my ex-boyfriend..his attorney and him are basically dropping their claim against me that we are common law married..which is just the best thing that has happened to me in a long time. now we will go through arbitration for the house to be sold and who gets what money out of it..

how is road defined in england and wales?
By a road I presume you mean highway. Historically, a highway is any path that members of the public had the right to pass and re-pass along. Unfortunately the Highways Act 1980 which is basically built up from a long history of the common law does not give a definition.

how long do you have to live with a person before considered common law marriage in the state of texas?
There is no time constraint in Texas. Click the link and then look for the question ‘What makes a common law marriage?’ Only three criteria are listed, and period of co-habitation is not considered. There are also some.

Does anyone know if a person living with a nother person for 30 years can collect benifits.never married nys.
We were living togeather 30 years I know common law wife is not recognized in nys, but is there a clause were one can collect servivors benefits with the social security. Only if the policy has a domestic partner’s clause.

Does California believe in common law marriages?
California believes in them. But California does not recognize them as valid in California. The only way California recognizes them as valid is where they were valid in some other state, and the people in question became married through common law rules in that other state. ~~~~~~~~ No. If you have.

Does state of nj have comman law marriage law?
does state of nj have comman law marriage law? New Jersey abolished common law marriage in 1939. New Jersey Statutes 37:1-10. Common law and other marriages without license; validity Nothing in this chapter shall be deemed or taken to render any common law or other marriage, otherwise lawful, contracted before.

Explain the different between common law and statute as source of law(could you please add example)?
check with your state. – common law is *Scottish law – Statutes are laws passed by a legislature. They are typically prospective — meaning they are broad and general, and forward-looking. Common law refers to the interpretations of laws as made by.

In California, what is the legal age that a minor can stay home alone?
Not a ‘common law’, it is California statute. ‘Every parent of any child under the age of 14 years.who deserts such child in any place whatever with intent to abandon it, is punishable.’ The word ‘abandon’ as used in Penal Code sections 270, et.

Is Arizona a ‘Common Law Negligence’ state or a ‘No-Fault Negligence’ state?
thanks I’m not sure what you mean? You’re kind of vague. Common law is not the opposite of No-fault, when it comes to legal definitions. Common law refers to laws made on previous cases decided on by judges. The opposite of common law is Statute law. The.

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Islamic Divorce in US Courts

Sunday, February 21st, 2010

U.S. Courts do not apply Islamic Shari’a law because it violates the Establishment Clause set in the United States Constitution; they apply foreign law when necessary. American Courts do apply foreign law in certain cases involving international principle known as “conflict of Laws,” or “Private International Law.” This is referred to in U.S. courts as “the doctrine of comity“.

In the area of Private International Law, Comity is a courtesy, amity, and reciprocity by U.S. courts towards court decision issued in other nations.  Such a consideration by U.S. courts does not entail an obligation to agree with the rulings of foreign judgments. There is therefore a distinction between the doctrine of comity and law.

Public International Law can become part of the national law when the country has its signature on that law, Private international Law however, does not have the same level of recognition by U.S. Courts. The issue of comity is raised in Islamic divorce cases when a person who resides legally in the United States travels to a foreign country and obtain a certificate of divorce from a religious court.

The intent is to obtain an instant divorce by pronouncing triple talaq (divorcing his wife three times in a few minutes.) Such an action leaves the wife with nothing more than a nominal deferred mahr, and takes advantage of the child custody, which discriminates against the women and to label the wife as bad Muslim.

The man then returns to the United States and serves his wife with divorce papers demanding the implementation of the divorce according to the Islamic Shari’a, claiming that the “doctrine of comity” applies to his case.

Generally, a judgment of divorce for example issued in a foreign country is recognized in the U.S. on the basis of comity, provided both parties to the divorce received adequate notice, i.e. service of process and, generally, provided one of the parties has a domicile in the foreign nation at the time of divorce, and the foreign court has given opportunity to both parties to present their case, and the trial was conducted upon regular proceedings after due citation or voluntary appearance of the litigants, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country, and those of other countries, an no prejudice towards either party and should not violate a strong U.S. principle of law, and the parties were present in court. The court may deny the application of comity if the judges deem the foreign laws is “repugnant” to U.S. principle of law.

An Islamic triple talaq differs substantially with respect to property division. Under Islamic Shari’a, wives may be entitled to a deferred mahr, which is, in most cases, much less than what U.S. courts order; above all, U.S. courts will not accept an Islamic divorce certificate obtained in a foreign country if the cause of action on which the divorce is based is “repugnant” to the public policy of the State in which the case is litigated.

Gabriel Sawma is Professor of Middle East Constitutional Law, Islamic Shari’a, Arabic and Aramaic. Expert on Islamic marriage contracts, Islamic divorce, child custody, inheritance, Islamic banking and finance. Editor of an International Law website: http://www.gabrielsawma.blogspot.com . Author of “The Qur’an: Misinterpreted, Mistranslated and Misread. The Aramaic Language of the Qur’an.” http://www.syriacaramaicquran.com. Author of an upcoming book on Islamic Divorce in US Courts. Email: gabrielsawma@yahoo.com

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