Libya celebrates_20111024113028_JPG

Libyans celebrated after the death of their former dictator. (NATO TV / NewsCore)

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What is Sharia Law?

Updated: Monday, 24 Oct 2011, 11:31 AM EDT
Published : Monday, 24 Oct 2011, 11:31 AM EDT

(EndPlay Staff Reports) - Libya's transitional leader declared the country's liberation on Sunday, ending an 8-month civil war. He also announced that the country would move forward under Sharia or Islamic Law.

Mustafa Abdul-Jalil, FOX News reported, said that Sharia Law would be "the basic source" of legislation. He said laws that contradict Islam's teaching would be removed.

What Sharia Law is and what it encompasses is often questioned and can vary from country to country.

The Council on Foreign Relations stated that sharia, which also means "path" in Arabic, guides aspects of Muslim life from daily routines to family and religious obligations and financial dealings.

ReligiousTolerance.org said that it is a combination of the teachings of the Muslim holy book the Quran and of the Sunna religious practice taught by the Islamic Prophet Muhammad, based upon how he led his life.

It is used both to describe Islam law and as an Islamic code of life.

Making it more complex is that there are four main schools of thought of Sharia Law, including what ReligiousTolerance.org stated is Hanbali, the most conservative, and Hanifi, the most liberal. There is also Maliki and Shafi'i.

There can be differences, such as how the Maliki school believes evidence of pregnancy is proof that an unmarried woman has been adulterous or has been raped. Only the Maliki school considers pregnancy proof of adultery.

The Council on Foreign Relations stated that Saudi Arabia and the Taliban follow the Hanbali school while Sunnis in central Asia, Egypt, Pakistan, India, China, Turkey, the Balkans and the Causcasus follow the most liberal of Hanafi. Indonesia, Mayalysia and Yemen follow the Maliki school while a Shiite Muslim version called Ja-fari is followed in Iran.

Part of what makes Sharia law controversial is the group of "Haram" offenses such as post-marital sex, theft and highway robbery. Sexual offenses can be punished by stoning to death or flogging, ReligiousTolerance.org said.

The Council on Foreign Relations, which refers to them as "Hadd" offenses, said punishment for such offenses can also include amputation, exile or execution. The council, though, said most Muslim countries do not use such classical Islamic punishments and instead go to lesser penalties while keeping the more harsh punishments on the law books as an option.

Most Muslim countries, the council stated, have a secular or non-religious government but allow Sharia law to be used in court.

Salon , in an interview with New Jersey-based attorney and Sharia Law expert Abed Awad, stated that the increase of Muslims in America is leading to more discussion on Sharia Law in the United States. Awad said that U.S. courts interpret foreign laws such as Islamic laws when dealing with disputes such as foreign divorces, commercial disputes and enforcing money judgments. It may also come into play in marital disputes.

Awad, referring to the state's attempts to ban Sharia Law, told Salon it's not needed because the Constitution already gives judges the power to refuse to recognize foreign law.

"In the end, our Constitution is the law of the land," he said.

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