The Islamic legal tradition has a number of parallels with Judaism. In both religions, revealed law occupies a central place, unlike Christianity, which has no body of revealed laws and where theology and not law is considered the main field of religious studies. [340] Islamic and Jewish laws (Halakha) are derived from formal textual revelations (Qur`an and Pentateuch) as well as less formal and orally transmitted prophetic traditions (Hadith and Mishnah). According to some scholars, the words Sharia and Halakha literally mean „the way to follow.“ However, the factory required that the non-Muslim slave first convert to Islam. [336] [337] A slave who gave a child to her Muslim master (Umm al-walad) could not be sold, became legally free after the death of her master, and the child was considered a free and legitimate heiress of the father. [338] [339] The Taliban have promised that under their new regime, women in Afghanistan will have rights „within the limits of Islamic law“ or Sharia law. But it`s unclear what that will mean. It is important to recognize that Muslims are in constant conversation to define what their faith will look like. They`ve had this conversation for centuries. But the challenge of faith and modernity is not unique to Muslims, and we cannot distinguish it for their faith. Here`s what you need to know about Sharia law, its interpretations, and the Taliban`s view of Islamic religious principles.

There are many safeguards and a high burden of proof in the application of Hadd sanctions. But experts say that in practice this often does not happen. William Granara, director of Harvard University`s Center for Middle East Studies, told USA TODAY that „it`s really problematic to think that Sharia law exists.“ But according to the Taliban`s extremist interpretation of Sharia law, women have „virtually no rights.“ Proponents of Islamization have often been more concerned with ideology than traditional jurisprudence, and there is no agreement among them on what form a modern Sharia-based „Islamic State“ should take. This is especially true of Islamic economic and financial theorists, who have advocated both the free market and socialist economic models. [15] The concept of „Shariah-compliant“ financing has become an active area of doctrinal innovation, and its development has had a significant impact on business activity worldwide. [117] At the first press conference after the takeover, a Taliban spokesman said issues such as media and women`s rights would be respected „within the framework of Islamic law,“ but the group has not yet provided details on what this would mean in practice. When most non-Muslims hear the word „Sharia,“ they immediately think of bloodthirsty guys with long beards demanding that their hands be cut off. This is not surprising, because whenever the subject appears in the media, it is inevitably discussed as something barbaric, alien and a threat to all of us. Last year, a survey of more than 10,000 people found that nearly a third of them believe there are no-go zones in Britain where „Sharia law dominates and non-Muslims cannot enter.“ [1] Yes, it is possible. As family law has become symbolic, it is often used to show the differences between different groups. People have used the status of women as an example of what they believe in – for example: forcing women to wear the headscarf, forcing them not to do so, or allowing them to choose; Give women the right to vote or give only the right to vote to men; Provide schools for girls, allow girls to attend co-educational schools or prohibit girls from attending school.

Some have argued that it is necessary to stop – and reverse – any movement towards women`s equality. They believe that Islamic law should not be abandoned in the only area where it is still often used. Others argued that the abandonment of Islamic family law is necessary to make Islamic societies more just for all. But both arguments make the mistake of assuming that today`s Islamic family law is the same as Sharia law and the religion of Islam. In fact, all this is a human interpretation. Testimony to establish the crime of adultery, fornication or rape must come from four male Muslim witnesses, with some fiqhs allowing up to three male witnesses to be replaced by six female witnesses; However, at least one must be a Muslim man. [148] Forensic evidence (i.e., fingerprints, ballistics, blood samples, DNA, etc.) and other circumstantial evidence may also be rejected in favor of eyewitnesses in some modern interpretations in Hudud. In the case of regulations that were part of local Malaysian law and did not come into force, this could lead to serious difficulties for complainants in rape cases. [149] [150] In Pakistan, DNA evidence in paternity cases is rejected on the basis of legislation that promotes the presumption of legitimacy of children, while in cases of sexual assault, DNA evidence is considered equivalent to expert opinions and assessed on a case-by-case basis.

[151] A mufti (MUF-tee) is a religious scholar who studies the writings of Sharia and early scholars in order to make a decision or fatwa (FAHT-wah) on contemporary issues. Ifta (if-TAH) is the process by which a mufti makes a religious decision, usually based on his own understanding of Sharia law and the interpretations of at least one great madhab (MATH-hab, with TH as „ace“) or the Islamic school of thought. Ifta differs from ijtihad (ij-tee-HAD) because it does not reinterpret Sharia law. The legal systems of most Muslim-majority countries can be classified as secular or mixed. Sharia law plays no role in secular legal systems. In mixed legal systems, Sharia rules are allowed to influence certain national laws that are codified and may be based on European or Indian models, and the central legislative role is played by modern politicians and jurists rather than by ulama (traditional Islamic scholars). Saudi Arabia and other Gulf states possess what can be called classical Sharia systems, in which national law is largely uncodified and formally equated with Sharia law, with ulema playing a crucial role in its interpretation. Iran has adopted some features of classical Sharia systems while retaining the characteristics of mixed systems such as codified laws and a parliament.

[120] At a press conference on Tuesday, Zabihullah Mujahid, a Taliban spokesman, said the group was „committed to women`s rights under the Sharia (Islamic law) system,“ but noted that women would study and work „within our framework.“ But what is Sharia law? What does this mean for Muslims in Britain today? And how should we respond to the emergence of Sharia rates (sometimes mistakenly referred to as „courts“) in the UK, which are often said to promote a parallel legal system and gender discrimination? When two groups want different things, the group that has more power sometimes gives a small thing to the group that has less power. In this way, the group with the most power seems to give power to the other group. Most of the time, however, what is given to the group with less power is something that the powerful group does not consider very important. By giving up something, even something small, the ruling group hopes not to give up more important things. In this case, what is given is called a „token“. In this case, colonial powers often gave up control of family law — and women`s rights in particular — so that conservative religious groups wouldn`t rebel and try to control something they thought was important, like trade. .