Il diritto islamico
law of classical Islam spread from the seventh century and it can be said to end in the seventeenth, overwhelmed by massive reforms. Inside has several foundations: the Qur'an, the sacred text of Islam, and the tradition of the Prophet Muhammad (Summa, acts, facts, known). These two texts are added two interpretation criteria: the view of the doctrine of analogy, which mitigate the rigor of religious law, together with the prevalence of the public opinion of a wise discretion and interpretation staff, which was originally possible at all, and was then limited to curb the excessive fragmentation of the law. You say four law schools, which are still distinct, each bringing a different interpretation. When the court was to resolve a particular case, called upon the scholars, who suggested the resolution of the case and produced a judge-made law, made up of sentences. There is also a production secular law through decrees. With the conquests, the Muslims were few institutions own the right of the conquered, such as stoning, from the right of Jews and Christians, who had the special privilege of keeping their laws and their institutions. The eighteenth century was shaken by major changes: the reform movement was born Arab-Muslim cross in each country, which embraced within it many different schools of thought as the fundamentalists and the Democrats. He was born a movement Constitutionalist, who started the fight for independence against colonial corruption of local government jobs. During this time living with different rights: the colonial, the Muslim, one Christian and jew, as noted by the turkish penal code of 1877 (Magialla). With the emergence of new free and independent states, each government felt free to interpret religious law as desired, with the most diverse range of legal remedies.
Islamic law is therefore a right plural, but that's his problem: It is chaotic, there are basic standards equivalent to our Constitution, and I say this because I think all states should be in the image and likeness of the western , but because Islamic law is a set of rules to be readopted anachronistically a step too far and adapted, which have no effective protection citizens' rights, since there are clear responsibilities and authority.
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