SHARIAsource

This Country Profile provides a basic overview of the legal history and institutional structures of the Federal Democratic Republic of Nepal (Sanghiya Loktantrik Ganatantra Nepal), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Nepal's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Islamic Republic of Mauritania (Al Jumhuriyah al Islamiyah al Muritaniyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Mauritania's Constitution, Islamic law (sharīʿa or fiqh) has legal status and is the primary source of legislation. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Syrian Arab Republic (Al Jumhuriyah al Arabiyah as Suriyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Syria's Constitution, Islamic law (sharīʿa or fiqh) has legal status. 

This regional regulation makes provision for public order in Tasikmalaya, including protecting the right to worship and to conduct religious activities. Specifically, it prohibits conduct that contravenes religious norms, morality, and/or traditional local custom/culture, such as prostitution, discotheques, night clubs, and the like. The regulation also obliges persons to worship in accordance with the teachings of their respective religions and convictions. It also prohibits, among others:

1. making alcoholic beverages available, except for certain religious activities;
2. eating, drinking and the like in public spaces during the month of Ramadhan; and
3. offending, harassing or deriding religious symbols.

This regional regulation prohibits all persons and entities from selling alcoholic beverages with an alcohol content of more than five per cent. It makes an exception, however, for three-, four-, and five-star hotels, discotheques, bars, karaoke venues, restaurants, and cafes (art 7). It is also only these venues that may sell beverages with an alcohol content between 20 and 55 per cent (art 8). The regulation also states that, during the month of Ramadhan, alcoholic beverages may not be sold, except in hotels in the evening (art 9(2)). Alcohol retailers may also not sell alcoholic beverages, and alcohol may not be consumed, near places of worship, schools, offices, hospitals, sporting venues, bus terminals, and residential areas (arts 13 and 18).

This is a reference to Abū Ḥanīfa's acknowledgment of Jaʿfar al-Ṣādiq as being the most knowledgable person in religious law. Hossein Modarressi employs this reference to show how other Muslim scholars recognized Jaʿfar's mastery of Islamic law.

This source is part of the Online Companion to Hossein Modarressi, Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law (Harvard University Press, 2022).

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Togo/Togolese Republic (Republique Togolaise), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Togo's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Uganda, is based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Uganda's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Sudan (Jumhuriyat as Sudan), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Sudan's Constitution, Islamic law (sharīʿa or fiqh) has legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of Libya, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Libya's Constitution, Islamic law (sharīʿa or fiqh) has legal status. 

This regional regulation makes provision for public order in Tegal, Central Java (Jawa Tengah). It prohibits the production, distribution, sale, making available, and serving of alcohol (art 49(1)). It makes an exception for the use of alcohol in religious ceremonies and for health purposes (art 49(2)). It also states that all persons and entities, whether indoors or outdoors, are prohibited from exceeding curfews in the evening, during Ramadhan, and other religious days (art 64). Similarly, places of entertainment, pubs, discotheques, cafes, karaoke establishments, massage parlours, spa houses, saunas, and the like are prohibited from operating during the month of Ramadhan (art 65(1)), while restaurants may not disturb the solemnity of Ramadhan (art 65(2)).

In its preambular statement, this regional regulation states that alcoholic beverages are contrary to, and do not accord with, the religious society of Banjarbaru (South Kalimantan (Kalimantan Selatan)). It prohibits the possession, sale and purchase of all types of alcoholic beverage (art 2(1)), and prohibits all persons and entities from producing, supplying, distributing, bringing, or storing alcoholic beverages (art 2(2)). The regulation exempts hotels selling alcohol to tourists (art 3(1)), provided consumption thereof is confined to the hotel's premises (art 2(3)). In order to use alcohol for religious purposes, recommendation must first be obtained from the regional police (art 4). Contravention of arts 2(1)-(3) or 4(1) and (2) carries a maximum penalty of three months' imprisonment or a fine of IDR 10 million (art 7(1)). Contravention of art 2(3) carries a maximum penalty of six months' imprisonment or a fine of IDR 5 million.

This regional regulation is an example of a regulation that, arguably, Islamises public life without making specific reference to Islam or religion (agama). It states that its purpose is to prevent the production, distribution, storage, sale, and consumption of alcoholic beverages in Sinjai regency because of the negative impact alcohol has on the health of the populace, the criminality and other social ills it encourages, the damage it causes to people's morals, the reduction in economic productivity for which it is responsible, and the social vulnerability, and harm to societal order and security to which it gives rise (art 2(1)). Accordingly, all persons and entities are prohibited from producing, distributing, placing, channelling, and selling (importing, retailing) alcoholic beverages in Sinjai regency (art 3(1)).

The Court affirmed a decision by the U.S. District Court for the Western District of Wisconsin, granting summary judgment in favor of the plaintiff, Jerry Charles, who alleged a violation of his rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to practice his religion. Specifically, the plaintiff requested accommodations that would allow him to have prayer oil, which he contended was a necessary part of his religious practice. The Department of Corrections challenged RLUIPA as unconstitutional, but the Court upheld the constitutionality of the statute.

The plaintiff, Dominic Ali, a Muslim inmate at the Northern New Hampshire Correctional Facility, sued several prison officials for allegedly violating his rights under the First and Fourteenth Amendments, the Religious Land Use and Institutionalized Persons Act (RLUIPA), and the state's constitution. The plaintiff alleged that the prison failed to provide jumu'a (Friday prayer) services for Muslim inmates, failed to ensure that he was provided with healthy food during Ramadan (the Islamic month of fasting), and denied him the ability to observe Ramadan by removing his name from the prison's internal Ramadan fasting list. The defendants filed a motion for summary judgment, arguing that the plaintiff's claims should be dismissed because he did not exhaust his administrative remedies before bringing suit. The Court agreed: it found that the plaintiff had not brought his grievances to the attention of the prison's commissioner, and therefore granted the defendants' motion.

This is a reference to the disagreements of the early jurists and various schools on the question of liability if one's riding animal hits another person. Hossein Modarressi cites this source to present a comparison between these views and that of Jaʿfar al-Ṣādiq, which restricted liability to the case of the animal hitting another person with its forelegs, not hind legs. 

This source is part of the Online Companion to Hossein Modarressi, Text and Interpretation: Imam Jaʿfar al-Ṣādiq and His Legacy in Islamic Law (Harvard University Press, 2022).

This Country Profile provides a basic overview of the legal history and institutional structures of Malaysia, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Malaysia's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This qanun provides slight amendments to Aceh Qanun No. 8 of 2012 on the Wali Nanggroe Institution. For all intents and purposes, the resulting amendments, which only change the wording of some articles slightly, do not make any fundamental functional changes to the original qanun.

The parties were married on 7 May 2011 and had two children. The plaintiff submitted, however, that since January 2012, the marriage had become quarrelsome. This was a result of:

1. differing values vis-a-vis domestic affairs, namely the defendant's dishonesty regarding financial affairs; and
2. the defendant often stealing other people's property, causing the plaintiff and her family to have to apologise to the relevant persons.

Problems escalated in March 2012 causing the plaintiff and defendant to separate, with the defendant having lived in rental accommodation for approximately the past two years and five months up until the time of the proceeding.

Despite being summonsed formally, the defendant failed to attend the proceeding. Due to the ongoing conflict between the parties, the court granted the plaintiff an irrevocable divorce (talak satu bain shughra), pursuant to art 39 of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

The applicant had submitted a marriage ratification request to the court, dated 8 January 2010. The request stated that she and M. Yusuf bin Jafar (deceased, 29 December 2009) were married in accordance with Islamic shari'a on 10 June 1949, with her older brother Muhammad Yunas acting as her marriage guardian. The marriage was witnessed by two other persons, the names of whom the applicant could not recall. The applicant's dowry was IDR 40.

The applicant required a marriage ratification certificate in order to access her deceased husband's pension, life insurance, and widow's pension. The marriage had never been registered pursuant to current legal provisions. The applicant and her husband, however, had seven children, all of whom were now adults. Moreover, they had never divorced and no one had ever had any objections to their marriage.

In acceding to the applicant's request, the court cited arts 7(2) and (3)(d) of the Compilation of Islamic Laws, which granted it powers to solemnise a marriage, as well as one that preceded the enactment of Law No. 1 of 1974 on Marriage. The Court also cited the rule of fiqh contained in Kitab Tuhfah Jilid IV, which mandates the recognition of the marriage of a woman who is of age and sound mind ('aqil baligh).