To Muslim members:

[Adhamh Ashashi]

I am planning on writing an article for college about Sharia law and how it can be compared with Irish law (common law). I have done some research, but many articles I find seem very vague and are not referenced which doesn't bode well for any college essay.

So I am wondering, can any brothers or sisters link me to any articles on Sharia law that are credible, and if possible are based on the criminal system in Sharia law.

Many thanks

[Blaze86420]

You should PM Sher Khan, he's probably the most knowledgable member on topics like these.

[Primvs Sextvs Loverlord]

Islamic Penal Code of Iran (based on the school of thought of Jafar Sadiq).

http://www.pakistani.org/pakistan/co...ion/part9.html

[Sadreddine]

You will find the Shariah Law penal system (Hadd) to be a lot harsher than common Irish law. I'd advise you to choose another subject, as an unprepared/unlearned western mindset (such as myself when I started learning it) will find it somewhat difficult to swallow initially. Which is why I can't think of it as an appropiate subject for your college.

But it's your article after all.

[Shneckie]

You will find the Shariah Law penal system (Hadd) to be a lot harsher than common Irish law. I'd advise you to choose another subject, as an unprepared/unlearned western mindset (such as myself when I started learning it) will find it somewhat difficult to swallow initially. Which is why I can't think of it as an appropiate subject for your college.

But it's your article after all.

I would take this guys advice. Sharia and common Irish law sounds like a rather obtuse comparison. The differences between the two would be extreme to say the least, it would create little room for analysis. It could also prove somewhat controversial. But if its something you really want to write about go for it.

[Himster]

Irish people are not a fan. 85% of Irish people are against the blasphemy law for god's sake.

1. The majority (59 percent) of Irish Muslims disagree that "people in Ireland should be free to say whatever they want, even if it offends other people's religious beliefs". Though 35 percent agree.
2. 37 percent of Irish Muslims would like Ireland to be governed as an Islamic state. Though 50 percent said they would not.
3. The majority (57 percent) of young Irish Muslims (under 26) believe Ireland should become an Islamic State.
4. 36 percent of Irish Muslims said they "respect" Mahmoud Ahmadinejad.
5. 15 percent said they "respect" Osama Bin Laden.
6. 11 percent said they "respect" Mullah Omar.

Survey in 2009

• 
  
  • 42 percent of Irish people agree that: "Islamic fundamentalism is a serious threat for our country".
  • 46 percent of Irish people agree that: "We must stop countries like Iran from acquiring nuclear weapons, even if that means taking military action".
• Survey of Irish people, Irish Times, 16 Sept 2010, shows Irish people may be to the right of me on Islam:
  
  • 49 percent of Irish say wearing the burka in public should be banned. 36 percent say it should not.
  • I probably think it should not be banned. But I do think wearing it (or the niqab) should be grounds for denying immigrants entry in the first place.

[removeduser_4536284751384]

• 
  
  • 46 percent of Irish people agree that: "We must stop countries like Iran from acquiring nuclear weapons, even if that means taking military action".

I would love to know who "we" is?

[Himster]

I would love to know who "we" is?

"We" as in non-fundamentalist violent types I guess.

[removeduser_4536284751384]

"We" as in non-fundamentalist violent types I guess.

and what army?

[Himster]

and what army?

Our army of poets firing artillery of prose, sculptoral cavalry slashing with satirical reliefs and our armada of disenfrnachised youth dabbling in pseduo intellectualism slowly sinking into despair and alcoholism...............Yeah, we're getting nuked.
Wanna get shite faced?

[Central Asian Qaghan]

What era are you looking for exactly?

[Adhamh Ashashi]

Sorry completely forgot about this thread. Not really a comparison as in "This is Irish law, this is Sahria Law" but to maybe try find things in common. Jurisprudence would be my main aim. I am still in first year however, and this would most likely be written in the summer of second year in college.

I already read up in Qisas which is quite interesting really. The main problem is that they do not use precedence, which is a nice feature of common law systems. It is really just a thought, and would be a niche in the article market as not many people would have thought about it, from a Muslim living in Ireland point of view.

But it would require a lot of work. I am concentrating mostly on the criminal side of it, so Qisas would be the topic I would concentrate on, and then I can critically analyse it.

It is pretty difficult to grasp, as I am used to the Common Law system, and I won't be doing it for the Irish people, but for the opportunity to have an article published. Thank you for the help.

Ibn Rushid, would you have any idea on books explaining Qisas in detail?

[motiv-8]

I know you're Irish and so Irish common law is more prescient and relevant for you, but I personally think a more enlightening endeavor would be comparing sharia law and jurisprudence in classical Islam (ie the days of the caliphates) with that of today. It is my impression that modern sharia has been transformed from a tool of real justice and insurance of public trust and equity in classical times to a tool of oppression, control, and vengeance today.

[AngryTitusPullo]

I know you're Irish and so Irish common law is more prescient and relevant for you, but I personally think a more enlightening endeavor would be comparing sharia law and jurisprudence in classical Islam (ie the days of the caliphates) with that of today. It is my impression that modern sharia has been transformed from a tool of real justice and insurance of public trust and equity in classical times to a tool of oppression, control, and vengeance today.

Agreed.

In any case laws are the same whether syariah or civil/common law which is to determine what's right and what's wrong.

[Sadreddine]

Ibn Rushid, would you have any idea on books explaining Qisas in detail?

Well I own a couple of books about fiqh, apart from the classics that I have read (Risala by Al Qairawani and Malik's Muwatta, the latter one I haven't finished yet). I can't remember the names of the other two or the authors, however I can say that none of the books I have mentioned cover Qiyas (I'll asume by Qisas you mean Qiyas) in detail, but are generic. I'm not sure if I can be of any help in that respect, but if you wish I'll refer you the two books of general fiqh I own when I get home after work.

[MehemtAli_Pasha]

i have taken Shariaa courses in my law school so i will try to help with my limited amount of knowledge, but first there a problem.

Shariaa differs from country to another and this dues to the fact that the sources of Sharia law is not just the Quran and Sunnah, but also something else called (Egtehad) meaning human effort. this is basically consists of clergy men who give answers to unanswered/complicated questions. you got many like Abu Hanifa, Maliki, Imam Ahmed..etc. not to mention that some of the Sunnahs and the Hadith are vague, so an explanation of a Sunnah or a Hadith may vary. this is applicable to the Quran too but it rarely happens.

i also want to say, you probably want to focus on one area of the law. i believe you would need a book for a general comparison of the 2.

[Adhamh Ashashi]

If I was to that, ti would more be for a theses and not a journal article. Journal articles would usually not surpass maybe 25 pages, so maybe a critical analysis of Qisas would be more suited to a journal article. But that would be a good idea for a much longer analysis.

[motiv-8]

That'd be ijtihad, and it's not used in modern jurisprudence in just about any place that practices shari'a, and hasn't been since about the 13th or 14th century. Instead most jurists and judges follow taqlid, simple imitation, particularly in Shi'a Islam.

It's one of the fundamental flaws in the modern usage of shari'a, the lack of ijtihad.

[MehemtAli_Pasha]

what i know is, Egypt for instance, follows mostly Abu Hanifa's road, while other countries follow Abu Hanbal's. i am not sure if i understood your post correctly though

[Sadreddine]

what i know is, Egypt for instance, follows mostly Abu Hanifa's road, while other countries follow Abu Hanbal's. i am not sure if i understood your post correctly though

motiv-8 means that a fundamental flaw in contemporary Shariah is the lack of Ijtihad, using independent reason and analogy to extract regulations from the sources of fiqh. This is different from the simple imitation of the four madhabs, taqlid.

However he said taqlid is specially followed by the Shia, which is very debatable, if not wrong, as Shia apparently didn't 'close the gates of Ijtihad' as Sunni did:

http://www.shiachat.com/forum/index....rs-of-ijtihad/

However, since the attempt of Muhammad ibn Ali as-Senussi to 'reopen the gates of ijtihad' a couple of centuries ago, there has been a rising interest in ijtihad in Sunni Islam, specially in modern times from many 'reformist' muslims.