The Islamic law system is known as Sharia and is derived from four sources. The Koran, Sunnah, Ijma and Qiyas are the sources for Islamic law. The Koran is the word of God, known as Allah, and is the main source for the Islamic law system. The Sunnah is taken from the accepted statements and deeds of the prophet Mohammed. The Ijma consists of a consensus of religious scholars for solutions to things that are not covered by the Sunnah or the Koran. Qiyas is analogous consideration and is used in difficult cases where there is not enough information for a clear decision. The Qiyas is not used by itself but with the Koran, Ijma and Sunnah.
As with other legal systems, someone is innocent until proven guilty under Islamic law. It is up to the plaintiff to produce eyewitnesses to prove the defendant's guilt If eyewitnesses cannot be found the plaintiff can request that the defendant swear an oath of innocence. If the defendant does not swear the oath then guilt is presumed as perjury leads to hellfire and damnation in Muslim belief. There are no juries or lawyers, only a judge.
Ancient Islamic law allows for the payment of blood money in the even of a death or injury. The amount the victim's family gets depends on a variety of factors.
The only crimes that have predetermined penalties under Islamic law are the rejection or desertion of Islam, fornication, theft, adultery and homosexuality. Punishments do vary from state to state.
As an expat you are still subject to Islamic laws and will be taken to a police station to make a statement if you are suspected of breaking a law. You will not be granted access to outside help like a lawyer. If you have done something serious you will be detained. Your legal proceedings will only be conducted in Arabic. For this reason you should request that someone from you consulate be on hand to translate and check the accuracy of anything you have to sign. If you have done something deemed criminal activity, you will be sent out of the country once you have received your punishment.
Published by SL Newman
SL Newman has been working as a freelance writer since 1997. With experience in varied areas such as travel, immigration, finance and health, she has written for a variety of publications including USA Today... View profile
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