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[7] [8] Thus, some areas of Sharia overlap with the Western notion of law while others correspond more broadly to living life in accordance with God's will. [2] Classical jurisprudence was elaborated by private religious scholars, largely through legal opinions issued by qualified jurists .
While the CDHR can be seen as a significant human rights milestone for Muslim-majority countries, Western commentators have been critical of it. For one, it is a heavily qualified document. [1] The CDHR is pre-empted by shariah law – "all rights and freedoms stipulated [in the Cairo Declaration] are subject to Islamic Shari'ah."
The Islamic concept of sovereignty differs from the western principles of international custom and law established by the Treaty of Westphalia.An important element of this is the Ummah — the community of Muslims as a whole.
While in the traditional Sharia court all parties represented themselves, in modern courts they are represented by professional lawyers educated in Western-style law schools, and the verdicts are subject to review in an appeals court.
The Taliban's supreme spiritual leader said the group had transformed Afghanistan into an Islamic sharia-based country, as the former insurgents marked three years of rule with a huge military ...
The antithesis of secular Western democracy, it would follow an all-embracing Sharia law. Maududi called the system he outlined a "theo-democracy", which he argued would be different from a theocracy as the term is understood in the Christian West, because it would be run by the entire Muslim community (pious Muslims who followed sharia ...
"There is a need to rewind and reconsider the existing states’ jurisdiction on Islamic law," he said, adding that Malaysia's constitution should be amended to avoid conflicts between sharia and ...
Based on English common law, personal law based on sharia law applies to Muslims. Nigeria: Common law is used at the federal level and in most states, Sharia is applied in some northern states. Pakistan: Based on English common law, some Islamic law (sharia) applications in inheritance. Formerly Tribal Law in the FATA. [33]