Quote:
|
Originally Posted by view360
The answer can be found by oberserving the results. Those two systems are already in place in different countries in the world. We need to pick up countries one by one which is practicing either of those two systems to see how it is doing at this moment.
This is not very difficult to find out the successful one.
|
I found one!
Contemporary practice
There is tremendous variety in the interpretation and implementation of Islamic Law in Muslim societies today.
Liberal movements within Islam have questioned the relevance and applicability of
sharia from a variety of perspectives;
Islamic feminism brings multiple points of view to the discussion.
Several of the countries with the largest Muslim populations,
including Indonesia, Bangladesh and Pakistan, have
largely secular constitutions and laws, with only a
few Islamic provisions in family law.
Turkey has a constitution that is officially strongly secular. India and the
Philippines are the only countries in the world which have separate
Muslim civil laws, framed by
Muslim Personal Law board, and wholly based on
Sharia and the Code of Muslim Personal Laws of the Philippines. However, the criminal laws are uniform. Some controversial
sharia laws favour Muslim men, including
polygamy and
rejection of alimony. Most countries of the
Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance.
Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and
religious police assert social compliance. Laws derived from
sharia are also applied in
Afghanistan, Libya and Sudan. Some states in northern
Nigeria have reintroduced Sharia courts.
[9] In practice the new Sharia courts in Nigeria have most often meant the re-introduction of
harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include
amputation of one/both hands for theft,
stoning for adultery and apostasy.[citation needed]
Many (including the
European Court of Human Rights) consider the punishments prescribed by Sharia as being
barbaric and cruel. Islamic scholars argue that, if implemented properly, the punishments serve as a
deterrent to crime.[10] In international media, practices by countries applying Islamic law have fallen under
considerable criticism at times. This is particularly the case when the sentence carried out is seen to greatly tilt away from established standards of international human rights. This is true for the application of the death penalty for the crime of adultery, and other such punishments such as amputations for the crime of theft and
flogging for
fornication or public
intoxication.
[1]
Though Islamic law is interpreted differently across times, places and scholars, following
fundamentalist's literal and traditional interpretations,
Muslim scholars believe it should legally be binding on
all people of the
Muslim faith and even on all people who come under their control.
[citation needed]
A
bill proposed by lawmakers in the
Indonesian province of
Aceh would impose
Sharia law on all
non-Muslims, the armed forces and law enforcement officers, a local police official has announced. The news comes two months after the
Deutsche Presse-Agentur warned of
"Taliban-style Islamic police terrorizing Indonesia's Aceh".[11][12][13]
---
Secularism is an assertion or belief that religious issues should not be the basis of
politics, a movement that promotes those ideas or (in the extreme) an
ideology that holds that religion has no place in public life.
Secularist organizations are distinguished from merely
secular ones by their political advocacy of such positions.
-------This word derives from a
Latin word meaning "
of the age." The
Christian doctrine that God exists
outside of time led
medieval Western culture to use
secular to indicate separation from religious affairs and involvement in worldly (or time-related) ones. This meaning has been extended to apply to separation from any
religion, whether or not it has a similar doctrine. This is why the majority of Chrisitian countries are seen to have secular laws.
Sharia (
Arabic:
شريعة transliteration: Šarī`ah) is the body of
Islamic religious law. The term means "way" or "path to the water source"; it is the legal framework within which the public and some private aspects of life are regulated for those living in a legal system based on
Muslim principles of
jurisprudence and for Muslims living outside the domain.
Sharia deals with many aspects of day-to-day life, including
politics,
economics,
banking,
business,
contracts,
family,
sexuality,
hygiene, and
social issues.
There is no strictly static codified set of laws of
sharia. Sharia is more of a system of devising laws, based on the
Qur'an (the
religious text of
Islam),
hadith (sayings and doings of
Muhammad), (sayings and doings of the early followers of Muhammad),
ijma (consensus),
qiyas (analogy) and centuries of debate, interpretation and
precedent.
Under Sharia law non-Muslims may be subjected to Sharia Laws however it codifies the treatment of
dhimmis in relation to the Muslim state and in cases of over-lapping jurisdiction. Dhimmis are distinctly second-class citizens in that they cannot serve in public office, cannot testify in court and must follow certain rules meant for living on Muslim land and under Muslim protection (such as paying the
jizya). The jizya or tax is enforced on those who broke a treaty or attacked Muslim with no right (as a punishment) or required from those who ask for protection without enrolling in the army. The rules include privilege to practice their own religion, except for public demonstration of non-Muslim religious practices and the right to convert Muslims.
The majority have mixed laws applied in thier country.