8 Feb 2023

60

The Different Types of Islamic Courts

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Academic level: High School

Paper type: Essay (Any Type)

Words: 838

Pages: 3

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Addresses the Islamic law model by focusing on the Islamic courts. It starts by registering an issue about the lack of a common national legal system in Islam. Several schools of thought, with each school competing for recognition, influences the Islamic law. However, Prophet Muhammad serves as the sole reference point for all legal matters presented before the Islamic judicial system. According to this chapter, Prophet Muhamad was born in 570 AD in Mecca, which presently is known as Saudi Arabia. Muhammad, Abu al-Qasim Muhammad ibn Allah ibn 'Abd a-Muttalibibn Hashim, died on June 8, 632, after founding the Islamic Religion. Muslims in difficult situations rebuke the name of Prophet Muhamad almost a billion times a day. Hence, Muhammad is the most relieved figure in the world's history. He is also considered as the ultimate prophet of God and his messenger who speaks to all Muslims across the world through the Qur’an. 

B2 chapter 6 proceeds by discussing the origin and evolution of Islam. It states that Islam stemmed from the Arabic name "salam" and Hebrew's word, "shalom." While giving various contextual use and pronunciation of Islam, chapter six defines it as wishing peace to others "peace be with you." Page 161 of the chapter addresses the sources of Islamic law by focusing on the fundamental principles. The principles that define the Islamic law include the rule of personal responsibility, innocence presumption, guarantees for the accused person, and nullification of penalty whenever there is doubt. The principle responsibility deduces that parents cannot be held responsible for crimes committed by their sons and daughters and vice versa. Chapter 6 also discusses the structure of penal law as applied in Islam. 

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According to the chapter, penal law applies distinctively under various subsystems within Islamic law. For example, it outlines evidential, substantive, and sentencing codes as vital determinants of criminal law under civil and universal laws. Three groups of punishments are set out in sharia law, which acts as the center of legal and judicial processes in Islam. The first category applies to hudud and comprises fixed punishments as outlined by the Qur'an and Sunna. Therefore, it cannot be altered in any judicial system. The second category is called qisas (retaliation), which comprises high profile cases such as murder. Ta'zirat is the third group, composed of remaining crimes that are sentenced under the common law. Islamic law classifies murder under three degrees, just as in common and civil laws. They include qalt, qalt al-shabib al-amd, qalt al-amd, and qalt al-shabih. Islamic law states that only the fist in these degrees attracts possible punishment. However, the penalty is based on tangible evidence. Proof rules in Islam based on criminal trials are complicated due to the existing contradiction between trial law and Islamic sentencing law. Regardless of the case, evidence based on the punishment offered by the court. Confession is one of the tangle evidence of basing sentences under Islamic law. It serves as the most effective way of finding the truth of a matter before the court. The chapter further states that witness's testimony is also used in Islamic law as proof against criminal charges. Two pious Muslim men are allowed to offer oral evidence under Islamic law. Such testimony is called the testimony of an eyewitness. However, use of other proofs besides eye witness and confession is controversial in Islam. The chapter also states that according to Prophet Muhamad, court outcomes should be nullified whenever there is doubt. If any mistake made by the judge in amnesty, then the judge deserves punishment. Chapter 6 disregards beheading as a punishment in an Islamic court. However, it applies to civil and universal laws and the legal system of Islam. One of the historic beheadings occurred in 1647, when Charles I, the then king of England, was beheaded. Criminal cases are also presented in the chapter under the context of Islam. Based on article I of the constitution, Saudi Arabia is marked as an Islamic State where Qur'an and Sunnah are used as the constitution. All criminal cases are processed based on the two books. Factually, Saudi Arabia has a total land area of 2,240,000 km 2 . The countries population was 25.6 million by 2005 based on UN estimates. The estimates show that 11.4 people lived in each one-kilometer square. Geographically, Saudi Arabia is located in the Arabian Peninsula. Her significant exports and the major source of income are oil and gas. The chapter discloses that after the death of Muhamad in 632, the expansion of Muslims went across the Arabian Peninsula into Mesopotamia, Syria, Egypt, Persia, and Other parts of North Africa. In the meantime, Arabia was absorbed into the Turkish Ottoman Empire at around the six-twentieth century. Pakistan gained independence in 1947 from the English colony. Pakistan considers article 31, Pakistan’s Constitution (1973), as the independent constitution. This article permits Pakistanis to order their lives while urging the state to respects all Muslims of Pakistan. High Court is the highest court in Pakistan. However, the country also has subordinate courts whose judges are appointed by the High Court Chief. 

The chapter winds up by stating that Iran uses the 1979 Islamic Revolution as its constitution. Based on the article, all allegation must coincide with the Islamic Criteria. Based on the CIA World Fact Book, the chapter state that the Supreme High Court heads Iran’s Judicial System, which comprises NA judges and a president. The president, who is appointed by the Supreme Judicial Council head, decides the selection of judges and their term in office. Each judge serves for a five-year one term in office. Finally, Chapter 6 states that the Iranian Judicial System consists of subordinate courts such as Penal Courts I and II, courts of peace, Islamic Revolutionary Courts, and the Special Clerical Court, whose functions lie outside the judiciary. Military courts are also part of the Iranian judiciary system. 

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StudyBounty. (2023, September 14). The Different Types of Islamic Courts.
https://studybounty.com/the-different-types-of-islamic-courts-essay

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