Islamic Law - Coursework Example

Introduction

Islamic religious law governs the daily life of the Muslims by providing a set of guidelines on broad issues ranging from personal issues to social issues. There are five schools of thought which have interpreted Islamic law. Four schools belong to the Sunni sect while one school belongs to the Shia sect. This research paper studies the fundamental principles of Islamic law. It provides details about how these principles help to influence the criminal justice system of Muslim countries. Finally, the paper makes comparisons of Islamic law with American law.

Principles of Islamic Law

Islamic law is derived from four sources which are Quran, hadith, ijma, and qiyas. The Quran is the main scripture of Islam which is the main source of law. The hadith are the sayings of the Prophet Muhammad which comprise the second principle of law. Ijma and Qiyas are used to determine and obtain conclusions regarding issues that are not addressed in the Quran and hadith directly. Ijma is usually the collective opinion of a group of scholars while qiyas is the use of individual reasoning to apply Islamic principles to new issues faced by society (Dien, 145). Islamic law provides guidelines and principles regarding business, commerce, trade, society, politics, ethics, personal life, and criminal justice.

Islamic Principles and Criminal Justice System

Islamic principles have been implemented as criminal codes in certain countries like Pakistan, Iran, Saudi Arabia, and Sudan. Certain practices like alcohol consumption by Muslims are punished in Saudi Arabia and Iran. The Quran provides injunctions regarding the punishment of five crimes which are adultery, theft, murder, alcohol consumption, and banditry. Murder and banditry can be punishable by death while theft leads to the amputation of hands. Fornication and alcohol consumption can be punished by flogging. In cases of married people committing adultery, the sentence can be death by stoning. Despite the harsh nature of these punishments, the Quran actually places high standards of evidence which are essential for the prosecution of the crime (Bakhtiar, 178). Many countries also do not impose these punishments because of a set of legal procedures that make them difficult to prosecute.

Islamic law vs. American Law

American laws are based upon the separation of church and state as the government does not favor any religion. The American legal system also provides complete freedom of speech, association, religion, bear arms, and the right to assemble, and prevents the federal government from interfering in individual rights (Weaver, 35). The American system is based upon legislation as it continuously evolves according to social conditions. The judges inside the American legal system are politically appointed. American law respects and favors the individual rights of a human being. There are no laws that regulate certain moral behavior like adultery or alcohol consumption. American law also focuses on providing freedom and liberty for the individual. Islamic law on the other hand is focused on ensuring that the balance between the individual and community is maintained. Islamic law is also absolute since it is considered to be directly from God. The judges are appointed inside Islamic courts because of their moral virtues (Bakhtiar, 179).  

Major Differences between Islamic and American Law

The major difference between both systems is the concept of religion as a source of legislation and guidance. Islamic law places emphasis on the divine nature of its laws while American law is based upon the opinions or legislation of the political parties and people. American law is also divided into public and private sectors while Islamic law does not hold such distinction. Islamic law also punishes certain moral crimes like apostasy, adultery, and alcohol consumption (Dien, 149). Islamic punishments are harsh as compared with American laws. Islamic law tends to focus on protecting the individual and community while American law only tends to focus on protecting individual rights.

American Society and Islamic Law

American society might be able to live under Islamic law if it wanted a crime-free society. Islamic laws if properly implemented and not used as instruments of repression could crack down hard on crime. However, with the restrictions on personal freedoms, it would be highly unlikely that large sections of Americans would be able to live under Islamic law. The prohibition of alcohol consumption, adultery, and fornication would be difficult to implement inside American society.

Conclusion

Islamic law is based upon divine revelation as they are absolute and eternal. However, the reality is that Islamic law has been applied according to the social and cultural conditions of each Muslim society. Islamic law provides for harsh punishments that can rid society of violent criminal behavior. However, they can also lead to the restriction of personal freedoms which might be against the American principles of liberty and freedom.