At the moment, three mainreligion: Christianity, Buddhism and Islam. The followers of the latter are over 800 million people. Islam is younger than other religions and it arose in the 7th century AD in the Arab Caliphate. And simultaneously with its emergence, Islamic law is being formed. This legal system is radically different from those systems that exist in Western countries. And she had a strong influence on the development of the state and law in a number of countries in the East.
And there was a Muslim right in those days,when feudal states began to form in the western part of the Arabian Peninsula. But as a legal system, this right was not formed immediately. At the initial stage, when Islam and the Muslim community only developed and the process of creating a class society, and even the state itself was not yet completed, the legal and other rules of conduct in them were practically not different. And Muslim dogmatics, jurisprudence and theology in this period were so closely intertwined that they were not yet independent ideologies. And it was only in the middle of the 10th century that jurisprudence separated from theology, and Muslim-legal schools were formed. And by the end of this century, the process of formation of the Muslim feudal state was basically completed. At the same time, Muslim law became a system of legal norms of conduct.
This right is inherently religious.And the main sources of Muslim law are the Koran and Sunnah. The Qur'an contains the statements of the Prophet Muhammad, and in the Sunnah narrations of his decisions and deeds are described. But in the Qur'an, which is the first and main source of this right, there are only separate provisions having a legal character. And they are not enough to systematize all legal norms. Therefore, no Muslim lawyer perceives the Koran as a book of Islamic law. Moreover, in this book there are no references to many legal institutions that have had a huge impact on the formation and development of this right.
And therefore any Muslim judge whodoes justice to the Koran, which he should not interpret, but to books on Islamic law. These books were written in different years by various authoritative lawyers and theologians. And they contain interpretations of Muslim laws. And the Quran itself is the main book of Muslims and fundamental theological work.
Criminal responsibility in the Islamic world toois based on religious principles. And Muslim criminal law is the main in many Islamic states. These are countries such as Iran, Libya, Iraq, Pakistan, the United Arab Emirates, Saudi Arabia and others. And in some Arab states, where Islam also rules, criminal law was formed under the influence of European legislation, and it contains only certain elements of this right. These states include Syria, Morocco, Jordan and Lebanon.
And the source of this criminal law isthe doctrine of Islamic law, which is based on the interpretation of the norms of the Sunnah and the Koran. This is due to the fact that these books contain only some provisions of a criminal law nature. Also in criminal matters, ijma decides a lot - the opinion of the authorities of Islam. And some of these issues are solved by kyas - judgment by analogy. But there are cases when it is impossible to find an exact solution on any issue in the main sources of Muslim criminal law. And then the decision is made on the basis of ijtihad - free discretion of a judge or other Islamic authority.
Religious dogmas also define the categorycrimes and the degree of its severity. There are five basic values in Islam. This is life, religion, the continuation of the family, mind and property. And the crimes that encroach on these values are considered to be the most serious, and the Muslim right punishes them with all seriousness. For example, crimes related to the violation of the values of Islam are classified as hadd. And apostasy here is equated with treason and punishable by the death penalty. The same is true of a crime, such as a riot. The rebels also face a capital punishment. Another category of alcohol is alcohol. In Islam, this is considered a crime against the mind and punishable by corporal punishment. And for adultery, each of the parties can receive 100 strokes with a stick. A thief in an Islamic country can be left without a hand, and the robber will lose his head. These are the Muslim laws.
