Sharia

T he code of law derived from the Koran and from the teachings and example of Mohammed; "sharia is only applicable to Muslims"; "under Islamic law there is no separation of church and state"

Misconceptions
Many non-muslims escpecially the western ones think Sharia is a barbaric law that restricts people of rights. This is accutaully wrong. It protects human rights.

The Concept
The Sharia deals with every day life and it does alot with fiqh or islamic jurisprudence. Sharia means way.

Shools of Law
Islam has many different schools of law. In Sunni Islam there is Hanafi, Shafi'i, Malaki, and Hanbali schools. In Shia Islam there is Jafari, Zaidi, and Ismaili. These schools help Muslims to better understand Islamic Jurisprudence. Some sunnis like to do taqlid on the early Sunni scholars.

The Categories of Behavior
There are five different categories of behavior in Islamic law. These categories are fard (obligatory), mustahab (recommended), mubah (nutreul), makruh (discouraged), and haram (prohibited).
 * Actions in the fard category are those required of all Muslims. They include the five daily prayers, fasting, articles of faith, obligatory charity, and the hajj pilgrimage to Mecca.
 * The mustahabb category includes proper behaviour in matters such as marriage, funeral rites and family life. As such, it covers many of the same areas as civil law in the West. Sharia courts attempt to reconcile parties to disputes in this area using the recommended behaviour as their guide. A person whose behaviour is not mustahabb can be ruled against by the judge.
 * All behaviour which is neither discouraged nor recommended, neither forbidden nor required is of the Mubah; it is permissible.
 * Makruh behaviour, while it is not sinful of itself, is considered undesirable among Muslims. It may also make a Muslim liable to criminal penalties under certain circumstances.
 * Haraam behaviour is explicitly forbidden. It is both sinful and criminal. It includes all actions expressly forbidden in the Quran. Certain Muslim dietary and clothing restrictions also fall into this category.

The recommended, neutral and discouraged categories are drawn largely from accounts of the life of the Islamic Prophet Muhammad. To say a behaviour is sunnah is to say it is recommended as an example from the life and sayings of Muhammad. These categories form the basis for proper behaviour in matters such as courtesy and manners, interpersonal relations, generosity, personal habits and hygiene

Application
Sharia judicial proceedings have significant differences with other legal traditions, including those in both common law and civil law. Sharia courts traditionally do not rely on lawyers; plaintiffs and defendants represent themselves. Trials are conducted solely by the judge, and there is no jury system. There is no pre-trial discovery process, and no cross-examination of witnesses. Unlike common law, judges' verdicts do not set binding precedents under the principle of stare decisis, and unlike civil law, sharia does not utilize formally codified statutes (these were first introduced only in the late 19th century during the decline of the Ottoman Empire, cf. mecelle).

The rules of evidence in sharia courts also maintain a distinctive custom of prioritizing oral testimony.

A confession, an oath, or the oral testimony of a witness are the main evidence admissible in a hudud case, written evidence is only admissible when deemed reliable by the judge, i.e., notaries. Testimony must be from at least two witnesses, and preferably free Muslim male witnesses, who are not related parties and who are of sound mind and reliable character; testimony to establish the crime of adultery, or zina must be from four direct witnesses. Forensic evidence (i.e., fingerprints, ballistics, blood samples, DNA etc.) and other circumstantial evidence is likewise rejected in hudud cases in favor of eyewitnesses, a practice which can cause severe difficulties for women plaintiffs in rape cases. Non-Muslim minorities, however, could and did use sharia courts, even amongst themselves.

Sharia's rules on written evidence necessarily diminish the utility of written contracts to structure economic relations, and Timur Kuran has noted the predominance of a "largely oral contracting culture" in pre-modern Islamic society.

In lieu of written evidence, oaths are accorded much greater weight; rather than being used simply to guarantee the truth of ensuing testimony, they are themselves used as evidence. Plaintiffs lacking other evidence to support their claims may demand that defendants take an oath swearing their innocence, refusal thereof can result in a verdict for the plaintiff. Taking an oath for Muslims can be a grave act; one study of courts in Morocco found that lying litigants would often "maintain their testimony 'right up to the moment of oath-taking and then to stop, refuse the oath, and surrender the case."]  Accordingly, defendants are not routinely required to swear before testifying, which would risk casually profaning the Quran should the defendant commit perjury;[84]  instead oaths are a solemn procedure performed as a final part of the evidence process.

In Nigeria, where imposition of sharia was highly controversial, even Nigeria's justice minister was compelled to admit that in sharia courts, "if a man owes you money, you can get paid in the evening. Whereas in the regular courts, you can sit in court for ten years and get no justice

Topics
Sharia has 8 main branches:
 * 1) Hygeine & Purity: Includes wuhdu and ghusul
 * 2) Economic: Includes giving zakah (charity), Waqf (religious endowment), and prohibition of usury/ interest (riba).
 * 3) Dietary:Includes ritual slaughtering and prohibition of pork and other haram meats
 * 4) Theological Obligations: incudes prayer, fasting in Ramadan, and other obligatory worships.
 * 5) Martial Fiqh: includes nikah (marraige contract), divorce, and other martial related things.
 * 6) Criminal Fiqh: includes Zina (adultery & fornication), stealing, and other criminal acts.
 * 7) Dress Code: includes hijab
 * 8) Other branches are customs, behavior, slavery, and status of non muslims