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The paper "Differences and Similarities of International and Sharia Laws" discusses that there are differences and similarities in the way international law and Sharia laws operate. These differences have been addressed in various domains such as economy, environment, security, and environment…
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Heading: International Development Law
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Introduction
The world consists of various religions, states, governments, and schools of thought. In an attempt to maintain order, there are set rules and regulations that are put in place depending on religions and countries. This paper focuses on the differences and similarities of international and Sharia laws. These similarities and differences are explored basing on economics, security, crime, environment, humanitarian and human rights laws. It also looks at differences and similarities in terms of their sources.
Definitions
International law is traditionally said to consist of principles and rules that govern dealings and relations among nations. Presently, international law’s scope has been widened to include relations that exist between individuals and states, and the relations between global organizations (Broude, Busch and Porges 2011, pp. 2-20). International law is divided into public and private law. Public international law entails issues of rights between many nations, citizens and nations, or other nations’ subjects. On the other hand, Rehman (2005, pp. 10-20) notes that private international law handles controversies existing between juridical and natural, private persons, emanate from circumstances that have significant connection to many nations. Moreover, private international law may also imply public international law, and other numerous issues of private international law nave considerable importance for global community of countries.
On the other hand, Sharia law refer both to the totality of Islamic culture and Islamic legal system. It is the Islamic code of conduct or religious laws; God’s law (Knapp 2003, pp. 2-18).
Sources
There is a great difference between the international law and Sharia law in terms of their sources. To begin with, the international law has its primary sources as the conventional law and customary law (Lombardi 2007, pp. 20-27). Customary law international law is created when nations adhere to some practices that are consistently and generally out of legal obligation sense. Most recently, the customary international laws were coded in the Vienna Convention on the Laws of Treaties (Guzmán & Sykes 2007, pp. 30-38). In turn, conventional international are formed from global agreements and can be in form, which the contracting parties consent (Broude, Busch & Porges 2011, pp. 2-20). Besides, Broude, Busch and Porges (2011, pp. 2-20) say that agreements can be formed with respect to any issue, unless in an extent where consent disputes with international law rules integrating primary standards of global conduct, or duties of a member country as held by the Charter of the United Nations. Moreover, Cohen (2008, pp. 12-17) declares that global laws are instrumental in creating laws for the agreement parties. In addition, these agreements can lead to the formation of the customary especially when they are largely accepted of used. In fact, any law or customary law formed by the global agreements has equal power as the international law. Guzmán and Sykes (2007, pp. 30-38) maintain that agreement parties can assign higher priority any of the sources by consent. Nevertheless, some international law rules are viewed by the global community as dictatorial; allowing no derogation. Therefore, these rules are subject to change or modification only by a resultant peremptory standard of global law.
International law also has secondary laws that are common to national legal system. There are instances in which neither customary nor conventional international laws are appropriate. Here, a general principle can be used as an international law rule since it is shared by world’s main legal systems, and unsuitable for international claims (Cohen 2008, pp. 12-17).
On the other hand, the sources of the Sharia law include Qur’an and Sunna teachings. According to the Islamic religion, Qur’an is a Muslim holy book that is correspondent to the Christians’ holy Bible and the Jew’s Torah. Qur’an is believed to be God’s word, as prescribed by angel Gabriel to Prophet Muhammad (Iqbal (2006, pp. 21-27). On the other hand, Sunna is Islamic practice or custom, especially which is related to Prophet Muhammad’s exemplary life, which comprises of his actions and utterances as found in the narrative (hadith) (Knapp 2003, pp. 2-18). According to Fiqh jurisprudence, the application of Sharia extends to issues that are indirectly handled in the basic sources and secondary sources. Some of the secondary sources commonly include an analogy form Sunnah and Quran through qiyas, and agreement (consensus) of religious scholars found in ijima. Nevertheless, Shia jurists opt to use reasoning instead of analogy when addressing hard questions. Knapp (2003, pp. 2-18) says that other secondary sources include textual indication, reason, public good, and preference. The reasoning technique was introduced as a secondary sources of the Sharia law because of the belief that different kinds of problems emergence with evolution of culture. Besides, Iqbal (2006, pp. 21-27) notes that the concept of Consensus was based on the fact that Allah would permit the whole community to be in mistakes because of a primary Islamic principle. These sources of Sharia law were based on various schools of thought that include Hanbali, Maliki, Hanifi, and Shafi’i. Hanbali is the most conformist school widely used in some Northern Nigeria states and Saudi Arabia (Knapp 2003, pp. 2-18). On the contrary, Hanifi is the tolerant school; open to various ideas. Maliki is based on the people’s Medina practices in Muhammad’s lifetime (Choudhury 2011, pp. 118-130). Lastly, Shafi’i is a traditional school that focuses on the views of Prophet Muhammad’s companions.
Domains of international and Sharia Laws
International Economic law
International law is different from Sharia law in terms of the international economic law; a domain that seeks to regulate global economic order or relations among countries. This domain comprises of other sectors that include international economic integration law, international trade law, international business law, private international law, global tax law, law’s role in development, and global intellectual property law (Broude, Busch & Porges 2011, pp. 2-20). International economic law is founded in principles that include freedom, panct sunt servanda, sovereign equality, economic sovereignty, and reciprocity. Moreover, it is based on the lasting power over natural resources, duty to cooperate, and preferential handling of both developing and least developing nations.
First, Guzmán & Sykes (2007, pp. 30-38) demonstrates that the international economic law principle of economic sovereignty was proposed when countries realized that one of the significant attributes of a nation’s power was economic independence. Therefore, achieving economic autonomy implied having control on economic activities of the natural and juridical people who were running business in a nation, be it citizens or foreigners (Burgis 2009, pp. 55-65). Secondly, permanent independence on natural resources implies that nations should have absolute control over their resources. According to the UN General Assembly Resolution on Permanent Sovereignty over Natural Resources (PSNR), people and nations have a right over their natural resources and wealth in order to promote their national development and their well-being (Rehman 2005, pp. 10-20). Besides, Broude, Busch & Porges 2011, pp. 2-20) notes that it states that development, exploration and disposition of natural resources and foreign capital import should conform to the conditions and rules, which nations and peoples freely choose regarding restriction, prohibition and authorization of the activities. Further, Ramadan (2006, pp. 188-200) notes that it proposes that expropriation, nationalization, or requisitioning will be founded on reasons or grounds of public security, utility, and national interests, both foreign and local. In addition, Mitchell (2011, pp. 31-50) notes that it states that foreign investments consents between independent states will be treated in good faith; nations and global firms shall conscientiously and strictly respect other nations and people’s autonomy over their natural resources and wealth, as per the Chatter and the current resolution’s principles.
Moreover, the Chatter emphasizes on the fundamentals of the international economic business law that include sovereign equality of all nations, non-aggression, independence, political, and political independence of countries, non- intervention, equitable and mutual benefit, peaceful coexistence, people’s self- determination and equal rights, global development cooperation, global social justice promotion, peaceful disputes settlement, free pass to and fro sea by land-locked nations, and international obligations and human rights respect (Krivenko 2009, pp. 45-67).
What is more, Krivenko (2009, pp. 45-67) maintains that international economic law provides countries with a right to economic advancement. According to the UN General Assembly Resolution, human persons and nations have a right to enjoy, cultural, political, economic, and social development. Moreover, the assembly states that there should be a complete right of people’s self-determination that includes their provisions for international covenants on human rights and rights to control on their natural resources and wealth.
Besides, article2.1 says that human persons are central subjects of development, and thus, they should be allowed the right to actively participate and benefit from economic development (Herrmann 2011, pp. 100-120). It also states that people are responsibility of collectively or individually realizing their respect for human rights and freedoms and communal duties in their economic development.
In terms of the natural resources, Stockholm declaration of 1972 limits the countries’ exploitation of their natural wealth, particularly the non-renewable resources. More so, the 1974 Charter of Economic Rights and Duties of States, holds that the duty of preserving the natural environment and resources fully lies on the countries. Therefore, all states should create and implement policies that are in line with the responsibility. Moreover, World Charter for Nature 1982 declares that natural system degradation that results in the excessive misuse and consumption of natural wealth and resources, leads to disintegration of social, economic, and political way of civilization (Krivenko 2009, pp. 45-67). Furthermore, in 1972, UN Convention on the Law of the Sea stated that states have autonomous right to use their natural resources in pursuit of their ecological policies, and with regard to their responsibility to preserve and protect their marine environment. Livingstone (2002, pp. 91-100) says that other declarations that advocated for natural resources preservation include the Brundtland Commission, Rio Conference of 1992, and the UN Convention on Biological Diversity of 1992.
Sharia Economic Law
On the other hand, the Sharia law on economics categorizes property into three parts: Public, state and private property. To begin with, public property is viewed as natural resources that include forests, water, pastures, uncultivated land, and oceanic resources (Choudhury 2011, pp. 118-130). The Islamic regard this property as common to the whole community. Therefore, it places it under the control and guardianship of the Islamic state, and can be used by any citizen in a way that does not violate other citizens’ rights. However, Sait (2006, pp. 180-200) notes that the Sharia law can privatize some of the public property, such as, gold mines, in exchange of taxes to the state. The person buying the public property is required to pay khums and zakat (Pock 2007, pp. 25-36). Generally, the issues of nationalization and privatization of public property remains under debate among Islamic scholars. Therefore, it remains private or state property (Mallat 2003, 123-135).
On contrast, state property includes all the natural resources and any other property that cannot undergo immediate privatization. According to Sharia law, state property is movable or immovable, acquired peacefully, or by conquest (Thomas 2006, pp. 26-30). Those that have not been claimed, occupied, have no heir, and uncultivated lands are regarded as state property. For instance, in Muhammad’s time, almost one fifth of the conquered property by the military was taken as state property (Lewis & Frankel 2010, pp. 27-40).
Private property, according to the social scientists and Islamic jurists, recognize and uphold the right of individuals to private ownership. Besides, Sait (2006, pp. 180-200) says that the Qur’an notes the issues of inheritance, taxation, ownership legality, prohibition to stealing, and recommendation to charity work. Moreover, Kariyawasam (2007, pp. 262-292) says that Islamic economists argue that private property can be acquired on contractual, non-contractual, and involuntarily basis. Involuntary means of acquisition refer to gifts, inheritance and bequests. On contrast, non-contractual means imply exploitation and collection of natural wealth that have not been taken as private property. Contractual means of acquisition, on the other hand, include trading, renting, buying and hiring labor.
Moreover, Pock (2007, pp. 25-36) clarifies that the Islamic law acknowledges markets as the primary coordinating device of the economic system. Therefore, it states that through competition, markets permit customers to get desired merchandise, producers to sell their merchandise at acceptable prices. Moreover, Islamic law holds three conditions of an operational market that include private ownership, security of contract, and freedom of exchange. In addition, Sharia law advocate for a market that is free from interferences like hoarding and price fixing. Nonetheless, the Islamic law allows any governmental intervention under special situations.
What is more, Pock (2007, pp. 25-36) says that fiscal and monetary policy is held by the Islamic law as developments both for a country in transition to Islamic model and when it attains equilibrium. In equilibrium, the monetary policy stresses on keeping inflation to a zero percent. In banking matters, Islamic law condemns the riba; interest as stated in Qur’an (3:130). Moreover, conventional debt arrangements are commonly unacceptable. Nevertheless, they are applicable in small scale ventures, though not all can apply. In terms of savings-investment, the Islamic law allows this to be built around investment banks, venture capital organizations, and reorganized stock market, restructured corporations. Explicitly, this model aims at eliminating interest-based banking and replaces market inefficiencies like restrictions on private equity investment, and loan subsidization on profit-sharing ventures because of double taxation. Moreover, Sharia law tolerates money changers, but not money lenders. In addition, resource scarcity has made the Sharia law to limit the utilization of natural capital.
In terms of welfare, Choudhury (2011, pp. 118-130) says that Sharia law has reexamined the globalization, unemployment, social welfare and public debt from its values and norms. Although there has been a remarkable growth in the Islamic banks of late, they do not have international share of economy in comparison to Western debt banking model (Kuran 2011, pp. 75-100). Further, Pock (2007, pp. 25-36) asserts that Islamic stocks require that the Islamic bonds utilize asset returns to recompense investors in compliance with the religious requirements to ban interest. In fact, these bonds are presently privately traded on over-the-counter market.
International security law
In terms of security matters, the international law notes that creation of a secure environment for all states and persons is highly indispensable. Therefore, the international advocates for peace by calling upon governments to abide by the rule of law, rather than the rule of might (Kraska 2009, pp. 23-27). This implies that the global law offers states regulations and norms of resolving conflicts peaceful without using force. According to Alexander (2000, pp. 10-20), some of the major international bodies those are responsible for the creation, upholding, and enforcement of the rule o law include International criminal Court, United Nations, and International Court of Justice. Moreover, Leibert (2007, pp. 12-16) postulates that the international law has a collection of bilateral and multilateral treaties.
International law offers an alternative to the employment of force in the resolution of conflicts by relying on cooperation, compromise, common ends and mutual legal obligations. The UN Charter bans the use of force or threats by states in their global relations with other countries. Moreover, Fry (2006, pp. 12-19) states that international law is instrumental in the control of arms and disarmament efforts. It does this through treaties, such as, Nuclear Nonproliferation Treaty, and other consents existing between countries. According to the International Court of Justice’s declaration in 1996, the employment of nuclear weapons by states is a violation of the humanitarian laws (Kraska 2009, pp. 23-27).
In addition, Leibert (2007, pp. 12-16) notes that the humanitarian law is a global set of rules that are used, in wartime, to protect people are not involved in the hostilities and limits the mechanisms and means of warfare. This is designed to primarily prevent any human suffering during wars. Its major rules include prohibition of the use of nuclear weapons, and commitment to differentiate between combatants and civilians during war. On the other hand, Fry (2006, pp. 12-19) states that the human rights law is created to promote peace all the time. Its main aim is to protect persons from unjust or cruel behavior by their state governments.
Additionally, Alexander (2000, pp. 10-20) notes that the global human rights law holds that prohibition of torture, right to life, and inhuman treatment or punishment, servitude and slavery, and the principle of non-retroactivity and torture should be upheld in all situations. Besides, Leibert (2007, pp. 12-16) posits that it demands that countries should guarantee rights to property, self-determination, education, healthcare, due process, and fair working conditions.
Sharia security laws
On the contrary, Sharia laws on security are based on the Jihad; a holy war. According to the Islamic law, freedom and peace are highly indispensable requirements in the society (Aeria 2003, pp. 10-16). Just as different penal measures are instrumental in protecting the society from excesses and evils committed by persons, armed offensives at times are necessary to stop evils committed by nations and countries (Knapp 2003, pp. 2-18). Further, it notes that if the diplomatic negotiations and relations can resolve conflicts, then the use of force will not be necessary in any state. Nevertheless, in case a state threatens to interfere with another country’s freedom and peace, then the use of force is indispensable. According to the Qur’an, if the employment of force is prohibited in such a situation, disorder and disorder caused by the rebel states would extend to places of worship; where God is kept in constant memory should neither be forsaken nor deserted, needless to mention the interference of the society (Cohen 2008, pp. 12-17). Therefore, the Islamic law, according to Qur’an permits two types of Jihad; in fighting oppression and injustice, and fighting evident rejecters of truth. The first type is an everlasting directive of Sharia, while the second type is restricted to particular people chosen by God to deliver truth as a duty (Lowry 2008, pp. 13-21). These are individuals referred to as witnesses of truth to other people, so that none has an excuse of denying the truth.
More so, Aeria (2003, pp. 10-16) argues that Sharia bases its justification for Jihad on the Quran’s first verse that advocates for fighting back in case of attacks. Therefore, Sharia law allows the use of Jihad as a means of maintaining security in the society. In addition, Lowry (2008, pp. 13-21) says that the Quran directs that Jihad should take place whenever there are transgressors, and that people should not cross boundaries. Instead, they should drive their enemies out of their territories. Further, Knapp (2003, pp. 2-18) says that Quran prohibits fighting near holy Ka’bah, unless the people are attacked at the place. In terms of the case obligation’s nature, every Muslim is required to participate in the fight as a combatant, failure to which one is going to face serious reprimanding of God. In addition, the driving force for Jihad should not ne for personal selfish motives, but for God.
Cohen (2008, pp. 12-17) says that ethical limits are emphasized in the Quran in that people are required to observe their moral values in every circumstance, because even in war, God does not allow anyone to compromise their ethical values. Islamic law prohibits show of pride or pomp, fighting neutral parties in war, mutilation of dead bodies, robbery and obstructions, looting and plundering and burning of enemies (Aeria 2003, pp. 10-16). Ultimately, the aim of jihad should be to end persecution and oppression, and make Islam reign supreme.
In the case of divine help, the Islamic law requires that all the combatants are fully equipped with military strength, and that they should trust in God for whatever happens (Lowry 2008, pp. 13-21). The same law also directs Muslims that those unbelievers of truth should be slain and bound as captives till the war is ended. Lastly, Cohen (2008, pp. 12-17) points out that the spoils of war are recognized by the Sharia Law as God’s belonging. Therefore, it prohibits Muslims against using them, but they should rather be given to God, the prophet, the needy and the orphans.
International criminal law
In dealing with criminal matters, the international criminal law system functions through ICC, the mixed or internationalized tribunals, ad hoc tribunals, and national courts (ordinary or military tribunals) (Bellelli 2010, pp. 169-180). Whenever an act is framed as an international crime, there is going to be universal jurisdiction that permits any state to try the perpetrators, even without any connection between the country conducting trials and the accused (Bassiouni 2008, pp. 50-60). Cryer, Friman, Robinson &Wilmshurst (2010, pp. 23-34) assert that some of the international methods of implementing the global criminal law include the two ad hoc international criminal courts in Rwanda and the former Yugoslavia, by the United Nations Security Council.
Moreover, Bassiouni (2008, pp. 50-60) international criminal law provides that perpetrators can be tried at criminal tribunals that have various nationalities in East Timor, Cambodia, Kosovo, and Sierra Leone, even though these tribunals have integrated national legal aspects in their execution and establishment. These are also referred to as mixed or nationalized tribunals that are created with the agreement of the nations on whose boundaries were the atrocities were executed.
The formation of the ICC was also instrumental in the promotion of international justice. ICC became operational as from 2002, has is mandated to try cases that involve crimes against humanity, war crimes, and genocide (Bellelli 2010, pp. 169-180). Besides, according to Rome Statute of the ICC’s article 17, this court is aimed at complementing the existing national courts if they are authentically unable or unwilling to prosecute or investigate the crimes.
According to the international criminal law, some of the crimes include war crimes, genocide and crimes against humanity (Bassiouni 2008, pp. 50-60). Other crimes are extrajudicial killings, terrorism crimes, and enforced disappearances. Geneva Conventions and Additional Protocol in states that war crimes involve serious breaches and other violations of global humanitarian standards useful in both national and international armed conflict. On the other hand, Cryer, Friman, Robinson &Wilmshurst (2010, pp. 23-34) note that crimes against humanity are defined as severe attacks on human dignity, degradation, or humiliation of human beings. According to the Rome statute, these crimes extend to the systematic or widespread attacks against citizens, with its knowledge (Bassiouni 2008, pp. 50-60). Genocide, on contrast, entails crimes like mental or bodily harm, murder that are executed with an aim of destroying in part or whole , a national, racial, ethnical, religious group. In addition, Cryer, Friman, Robinson &Wilmshurst (2010, pp. 23-34) assert that torture is regarded as a serious inhuman treatment. 1949 Geneva Conventions’ article 3 prohibits torture as a war crime or against humanity in relation to non-state and state armed groups.
In addition, Bellelli (2010, pp. 169-180) argues that international criminal law has a notion of transitional justice as way of causing peace and reconciliation. Therefore, this can be employed as punitive in truth and reconciliation commissions and criminal trials.
Islamic criminal law
Unlike the international law, Sharia law treats crime more seriously in that it provides serious consequences. First, one of the features of the Sharia law is that it treats the poor and the rich equally by enjoining the same treatment to them in crime of moral and social nature (Reza 2007, pp. 20-30). Furthermore, Islamic law does not demand penalties or fines, for the belief that the rich people would get away with crime. Moreover, Nassar (2003, pp. 10-17) points out that Islamic law forbids punishment by imprisonment. This is because of the notion that imprisonment separates the criminal from the society; hence failing to awaken in the individual a feeling of repentance or shame. Besides, it is believed that the prisons are serving as rendezvous for prisoners as they get out of them more skilled than ever.
Additionally, Reza (2007, pp. 20-30) notes that Sharia law also prescribes punishments like whipping, amputation of hand, beheading, and stoning to death. These are forms of punishments that are instrumental in the baring the criminals from repeating the crime in future, and that they serve as serious warning to many other people. Moreover, the law holds that the treatment given to the former convict is instrumental in facilitating their rehabilitation.
What is more, Cohen (2008, pp. 12-17) asserts that the Sharia Penal Code strictly prohibits the dual disability for a former convict. This is because of the claim that by the end of the formal punishment, the criminal grows into a dignified member of the society. The Sharia law holds that criminals are deterred from changing for good by the contemptuous perception that the society has on them. Therefore, it aims at offering a respectful place in the society in order to change them into more responsible members of the society.
Moreover, Nassar (2003, pp. 10-17) says that the law prescribes laws for individuals whose fear and love for Allah are not strong, and promises rewards for those that love and fear God. The Islamic law, further, gradually implements the punitive measures, and solves economic and social problems of a person in order to reduce one’s motivation to commit crime. Reza (2007, pp. 20-30) states that it also prohibits the issue or punishing suspects, unless they have been proven guilty by many witnesses.
For theft, the legal penalty is amputation a criminal’s hand, unless the act was committed on the basis of starvation. Adultery, on the other hand, has stoning of the criminal before a crowd, but proof must strictly be available (Cohen 2008, pp. 12-17). This implies that there must be four witnesses to testify the witness before judgment is passed. Moreover, convicts of murder are punished by death (Lombardi 2007, pp. 20-27).
International environmental laws
In terms of environmental issues, international environmental law has two non-binding mechanisms that have been adopted by the global community at the United Nations Conferences, and have been instrumental in the advancement of the environmental law (Mason 2006, pp. 10-26). These are the Stockholm Declaration of the United Nations Conference on the Human Environment of 1972, and the Rio Declaration on Environment and Development of 1992 (Wyatt 2008, pp. 7-15 ). Moreover, the international environmental law comprises of regulations, treaties, statutes, conventions and common law. The law deals with remediation and pollution, and conservation and management of the natural resources. Besides, the environmental laws are influenced and drawn from conservation, ecology, environmentalism, stewardship, and sustainability (Mason 2006, pp. 10-26). The intent of the pollutions control is to preserve and protect human health and the natural ecosystem.
According to Mason (2006, pp. 10-26), in the enforcement of the environmental law, the United States regard violations of the environment as civil offenses that lead to monetary fines or penalties, and at times, civil sanction like injunction. In addition, Wyatt (2008, pp. 7-15 ) says that there are environmental agencies that encompass independent enforcement offices, whose duties are monitoring of authorized activities, undertaking compliance inspections, prosecuting wrongdoers, and issuance of citations. Mason (2006, pp. 10-26) notes that adjudicatory proceedings in case of environmental violations are usually undertaken by these agencies under the strict administrative law. Some of the cases can be appealed at the appropriate courts. Therefore, through agencies, the international environmental laws are in charge of the protection of biodiversity and atmosphere, against hazardous substances or pollution and destruction (Wyatt 2008, pp. 7-15).
Islamic environmental laws
By contrast, according to the Sharia law, protection of the environment is fundamental because the environment is God’s creation (Fisher-Ogden & Saxer 2006, pp. 9-16). Some of the legal ethical justifications for environmental conservation according to the law include: environment is part of Allah’s creation; and thus conserving is one way of upholding God’s values. Secondly, Robinson (2005, pp. 20-30) says that environment components are regarded to be in perpetual praise of God. Thirdly, nature’s laws were created by God on the basis of continuous existence. Fourthly, the Islamic law recognizes that humankind is one of the many world communities (Iqbal 2006, pp. 21-27). Fifthly, Islamic environmental laws states that human relations are created on equity and justice. Seventhly, the environment must be conserved because of God’s law that directs that God’s universe’ balance should be preserved. Eighthly, since there is no other creature that can protect God’s environment, God gave man a responsibility to take care of it. The duty is so burdensome and onerous that no other creation could take it.
Furthermore, Iqbal (2006, pp. 21-27) the Islamic law allows people to use the natural environment, though without unessential destruction. Here, the law admonishes the Muslims to appropriately use the environment as if they were going to live forever. This is because of the belief that the environment does not only belong to the current, but also the future generations.
In its practice, the Islamic environmental law has led to the formation of various polices that conserve environment (Robinson 2005, pp. 201-30). For instance, there is Himil concept in some countries that are responsible for wildlife protection. On the other hand, the Harim concept takes care of the natural springs, wells, rivers, trees on unproductive land, and underground water (Fisher-Ogden & Saxer 2006, pp. 9-16). Presently, the Islamic environmental law has led to the establishment of the environmental organizations that are charged with the duty of preserving the environment. For instance, in Saudi Arabia, there is the Meteorology and Environmental Protection Administration (MEPA), which is enhances the environmental conservation principles (Iqbal 2006, pp. 21-27). Therefore, the Islamic law advocates for absolute protection of the environment from unnecessary destruction and pollution.
Conclusion
There are differences and similarities in the way the international law and the Sharia laws operate. These differences have been addressed in various domains such as economy, environment, security, and environment. Moreover, the sources of the laws create a difference between them. Islamic law emphasizes on the jihad in order to protect truth and maintain security in the society, while the international law advocates for peaceful resolve of conflicts; use of negotiations and relations. In fact, the international law has developed treaties, conventions, and common law in the promotion of peace in the society. Additionally, international law advocates for independence of natural resources by states, and that the wealth should be used appropriately. Similarly, Islamic laws advocate for the appropriate utilization of natural resources, but the issue of interest in banking, debt arrangement, and money lending are prohibited. Furthermore, international criminal law has certain ways of charging the perpetrators; these crimes include genocide, torture, extra-judicial killings, war crimes, and crimes against humanity. On the other hand, the Islamic criminal law is more severe and inhuman in its execution in that it is intolerant of the imprisonment and forgiveness of criminals. The law directs heavy punishment penalties for crimes like murder, adultery, and robbery or theft. Nevertheless, both Islamic and international laws advocate for the protection of the environment against destruction and pollution. What is more, international law originates from conventional and customary laws, whereas the Islamic law originates from the teachings of Qur’an, deeds of Prophet Muhammad, indication, reason, public good, and preference.
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CHECK THESE SAMPLES OF Differences and Similarities of International and Sharia Laws
The UK Constitution: similarities and differences with other countries The legal organizing principles of different states have many differences and have much in common.... The paper "The UK Constitution - similarities and Differences with Other Countries" suggests European standardization of the democratic processes in the UK, advancement of the UK Constitution, as well as the development of appropriate norms and standards for further protection of citizens' rights....
The author of this paper "Human Rights in Islam" will make an earnest attempt to compare the UN Universal Declaration of Human Rights with the human rights that are established by Islam, explaining their differences and similarities in content and scope.... Many of the articles in the UDHR seem undisputable, and so many countries agreed to the original UDHR that it has now taken on the appearance of international law (Morsink, 1999).... The purpose of this paper is to explore the UDHR and compare it to the stipulations of Islam, finding similarities and differences between the two....
This paper seeks to delve in to the world of conventional and Islamic banking, seeking out the similarities and differences between the two areas of banking.... Islamic banking and traditional banking differ from each other in terms of interest, investment and taxation.... .... ... ...
These are new laws that supersede the income tax regulations of the year 1951, and various amendments issued through royal decrees, ministerial resolutions, and circulars.... Sharia law is one of the laws that govern the administration of Saudi Arabia.... To understand the nature of this research, this proposal will explain the concept of Zakat, and how it relates to sharia law....
Financial scholars have surpassed lasting ambiguous loan contracts practiced by drawing the attention of the financial world to the benefits presented by bank products that meet the requirements of sharia.... "The differences between Islamic and Conventional Banks" paper examines by comparing the performance of Islamic and conventional banks based in Qatar.... To get a better and wide understanding of the trends and differences presented by Islam banks and commercial banks, it would be worthy of note to include banks from other localities....
Entry and exit of foreigners in the kingdom are monitored by the government, and the Islamic laws have to be adhered to regardless of one's religious background.... The Saudi Monarchy that was established in 1992 uses the sharia law to govern the country, and the Quran is entrenched in the constitution....
The paper 'Divine Law in Islam' looks at divine law in Islam, which has two traditional methods of interpretation and expression.... Firstly, there is light, which refers to understanding in a broad sense.... On the other hand, shariah refers to God's law in its quality as divine.... ... ... ... This essay will examine the interpretations of Islamic law through the perspective of Islam's two major sects, Sunni and Shi'ah....
Increase not only accountability Additionally, being that the UAE is predominantly a Muslim state, the sharia laws also seem to be extended in the formation of the laws that govern most institutions in the country.... These laws seem to apply depending on the needs and the situations of the jurisdiction of the countries in which the media is used.... The media faces some laws that affect the way they operate e.... This fact may be attributed to the fact that the laws of the United States in regards to the media seem to be more liberal than the United Arab Emirates....
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