Islamic Law

Islamic law or Sharia (the right path) is the name given to Islamic commandments which are applicable to both spiritual and temporal aspects of life. The main source of Sharia is the Quran (the holy book of Muslims accepted by divine revelation) and the Sunna (traditions, sayings and tacit approvals of the prophet Mohammad). These revealed textual sources like the Christian version of principles of natural law- restrict the scope and extent of man’s right to make law. The two sources of Islamic law are supplemented by two secondary sources consensus and human reasoning. [1]Islamic law is an objective phenomenon which exists outside the thinking and the reasoning of human beings. Islamic law is not open to amendment, reform or repeal.   This means human beings cannot change the law because their attitudes or personal or communal needs have changed.
In the English common law, American law and other types of law which is man made law the legislation changes because people change their attitudes, cultural approach, their ideas, their morals and values. In Islamic law there is a set of fixed and ultimate values which are distinct and independent from preferences and values of people.   It is the Islamic nation known as umma, which has to follow the rules of Islamic law as opposed to attempting to bring the law in line with people’s attitude or changing the law with a view to suit the desires and the wishes of the subjects of law.
[2]One of the institutions developed by classical Islamic jurist that influenced civil law was the Hawala. This was an early informal value transfer system which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself is influenced   the development of the aval in French civil law and the avallo   in Italian law. The European Cornmenda limited partnership (Islamic Quirad) used in civil law as well as the civil law conception of res judicata may also have origins in Islamic law. Under Islamic law International...