Islamic Law in Muslim Community

Of the 1.2 billion Muslims in world, which amounts to 20 percent of the world"s population, nineteen states have declared Islam as an integral part of their constitutions. (ibid) The essential difference between Western and Islamic system of Law and criminal justice lies in the differing relationship between Church and State and law and religion. Whereas in Western society religion and the legal system are seen as necessarily separate entities, the opposite situation applies in Islamic countries. .

             The religion of Islam and government are one. Sharia is controlled and regulated by Islam. The theocracy controls all public and private matters. Government, law and religion are one. This model is present in varying degrees in many nations, but all law, government and civil authority is based on it because it is part of Islam. "(ibid) .

             However, the application of ethical and legal principles is complex and not always consistent in many Islamic countries. The traditional view of religion is also opposed by many modern liberal movements within Islam. ( Wikipedia: Sharia) To illustrate this point one can look at the legal systems of a countries such as Indonesia, Bangladesh and India, which have mainly secular constitutions and where the laws are determined in a secular and not an overly religious basis. ( ibid) A country such as Turkey has a very strong secular constitution and basis for its legal system. On the other hand, countries such as Iran base their legal system on overly and obvious religious principles which take precedence over secular rules and the applications of the law. .

             Sharia law is also a strong component in the legal systems of the Sudan and Libya. Nigeria is a case in point where rather strict applications of Sharia law have been made, especially with regard to the rules of evidence and testimony. (ibid) There are sometimes disparities in legal rights which are supported by religious principles.

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