Modelo sistemico de capacitación

Páginas: 17 (4207 palabras) Publicado: 11 de agosto de 2010
Muslim or Islamic law, both civil and criminal justice as well as regulating individual conduct both personal and moral. The custom-based body of law based on the Koran and the religion of Islam. Because, by definition, Muslim states are theocracies, religious texts are law, the latter distinguished by Islam and Muslims in their application, as Sharia or Sharia law.
So thorough is theintegration of the justice system and Church under Sharia law that Sharia courts are essentially religious courts; judges are usually local church (Mosque) officials.
Also spelled Shariah or Shari’ah and, in the USA, Shari’a. Because of the religious origin of the word, some prefer to capitalize it and others not.

The word “sharia” means “the path” or “the path to water”.

Sharia as a source of law,is, by definition, arbitrary and discretionary - some would prefer to describe it as flexible.
The Oxford Dictionary of Islam proposes a distinction between sharia and fiqh as follows:
"Whereas shariah is immutable and infallible, fiqh is fallible and changeable."
Opportunistic jurists will defer to the distinction only when convenient; to propose that an unfavourable tenet of Islamic law ismere fiqh and must cede to a more favourable tenet issue from shariah.
But that distinction - which limits sharia to the divinely provided law, and fiqh to the interpretation of sharia - is not universally followed. Many sources refer to fiqh as synonymous to shariah.
As an example of the scope of confusion, note that the  English language Oxford Dictionary of Islam is of no assistance, definingshariah using a deep Muslim tone:
"Shariah: God's eternal and immutable will for humanity as expressed in the Quran and Muhammad's example. "
Sharia law - Islamic law involves not only tortuous and mostly literal interpretations of ancient Muslim traditions and Arab tribal customs, and of a religious book written in about 632 (the Koran) which took - but also modified - many of those customs.
Tothat mix, there have been several subsequent religious texts and schools of thought (such as the Sunna), which is itself an interpretation of the Koran.
Even more: to this is added a plethora of alleged sayings of the Islamic prophet Muhammad (530-632) and his successors.
Each of the approximately 50 Islamic states and countries that have, to varying degrees, Sharia law, has applied layers ofdoctrine upon the original religious texts resulting in a multitude of different interpretations and different legal results.
In The Legal Companion (2005), author V. Powell writes:
“Muslim countries enforce the Sharia to different extents.
"Iran and Saudi Arabia apply it to all areas of life....
"The Sharia is also interpreted differently within different branches of Islam.”
Further, in thecontext of Sharia law practitioners or courts which operate outside of Muslim or Islamic states but within other jurisdictions, the practice of Sharia law is consistently represented as flexible and reconciliatory in nature; a far cry from the protestations of Muslim jurists in states which are primarily Muslim.
Some countries, such as Tunisia, have hybrid systems, rejecting Sharia law in mostinstances yet relying it in others, such as in the area of divorce and family law, inheritance, contracts and banking.
To some Sharia jurists, the Sharia applies only to Muslims and does not technically apply to non-Muslims such as Christians (eg. Malaysia and Indonesia as of 2008). In other jurisdictions, such as Sudan (as of 2008), the application of the Shari law to non-Muslims – with all theattendant punishments - is considered unfair and unjust.
Thus, it is difficult to speak of Sharia as a distinct or cohesive body of law.
One consistent feature is that, by design of the Islam prophet Muhammad, and his Koran, Islamic or Sharia law reaches far deeper into the control of the personal and moral life of the people who are bound to it than, for example, those jurisdictions governed by...
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