This research will be defining the concept of Sharia law, and the types of crimes that comes under Sharia law and the punishments given for each for them. The analysis will be determining and exploring the differences of Sharia law and English law. The discussion will be based on the possible idea of implementing areas of Sharia law to the English legal system, and the problems that this will cause in the English legal system in reflection to the Human Rights Act 1998.
Sources of Sharia law:
The rules and regulations of Sharia law stems from one source, which is the Qur’an. The Qur’an is the Muslim’s holy book, which contains the words of Allah (God) that were sent to his Prophet Muhammad to deliver to the Muslim Ummah (Muslim
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As explained above, Sharia law is revealed by Allah to his Prophet through the Qur’an and Sunnah and is interpreted by the Islamic scholars and applied in Sharia courts. On the other hand English law is given by the Queen in Parliament and the European authorities as given by the House of Lords and the Court of Appeal. The sources of each of the two legal systems play a huge role in the understanding and interpretation of the law. This is because Sharia law is not amendable and no one has the authority to change any provisions given in the main sources, whilst English law is allowed to be changed to comply with the needs of the English community. It is also “human-made” and does not come from God. However, this does not limit the efficiency of Sharia law as the Islamic scholars are authorized to interpret new forms of law, but have to rely on the two main sources of Sharia law - the Qur’an and Sunnah. In England and Wales, Sharia courts have been functioning for many years without legal authorization until 2007, where the Muslim Arbitration Tribunal was licensed in the Government.
In Sharia law the legislation must comply with the Sharia and also with the general principles and spirit of Islam. The legislators powers are: passing laws to ensure the enforcement of the provisions of the Sharia, passing law to organise, safeguard and fulfil the requirements of society in enforcing the general principles of the Sharia. The rights and