Application of sharia law by country
The following is a summary of the application of sharia by country.
Since the early Islamic states of the eighth and ninth centuries, sharia always existed alongside other normative systems. Most Muslim-majority countries adopt various aspects of sharia. According to BBC, some countries adopt only a few aspects of Sharia, others apply the entire code.
Within Sharia law, some crimes known as the hudud crimes, for which there are specific penalties specified by Islam. For example, fornication is punished by stoning, the consumption of alcohol by lashing, and theft by the amputation of limbs. Many predominantly Muslim countries have not adopted hudud penalties in their criminal justice systems. Ali Mazrui stated that "most Muslim countries do not use traditional classical Islamic punishments". The harshest penalties are enforced with varying levels of consistency. The use of flogging is more common compared to punishments like amputations.
The adoption and demand for sharia in the legal system of nations with significant Muslim-minorities is an active topic of international debate, and an active goal of Islamist movements globally. Attempts to introduce or expand sharia have been accompanied by controversy, violence, and even warfare. Most countries of the world do not recognize sharia; however, some countries in Asia, Africa and Europe recognize sharia and use it as the basis for divorce, inheritance and other personal affairs of their Islamic population.
Definition and scope
Sharia law in this article means the moral code and religious law of Islam. It includes criminal, civil, personal, economic and all aspects of law as revealed in Quran and Hadiths; in its strictest and most historically coherent definition, sharia is considered the infallible law of Allah. The primary sources of sharia are the precepts set forth in the Quranic verses (ayahs), and the example set by the Islamic prophet Muhammad in the Sunnah. The scope of sharia law includes Islamic law as interpreted by Islamic judges (qadis) with varying responsibilities for the religious leaders. For questions not directly addressed in the primary sources, sharia law includes consensus of the religious scholars (ulama) thought to embody the consensus of the Muslim Community (ijma).
The legal systems of Muslim countries may be grouped in three: mixed systems, classical sharia systems and secular systems.
Classical sharia systems
Classical sharia systems are those where sharia plays dominant role and is present in most areas of a nation's legal system. Saudi Arabia and Iran are examples of classical sharia system.
Secular systems are those where sharia plays no role in the nation's legal system. Turkey is an example of a Muslim-majority nation with a secular system.
Mixed systems are those where sharia is not dominant, but plays a significant role in one or more areas of the nation's legal system. This is observed in majority of Muslim nations.
Sharia in the world
Members of the Organisation of Islamic Cooperation where sharia plays no role in the judicial system. Muslims are a minority in some OIC nations.
personal status issues (such as marriage, divorce, inheritance, and child custody).Countries where Sharia applies in
Regional variations in the application of sharia
|Algeria||Article 222 of the Family Code of 1984 specifies sharia as the residuary source of laws. The Sharia-derived family code treats women as minors under the legal guardianship of a husband or male relative. In criminal cases the testimony of two women are equal to the testimony of one male witness.|
|Benin||It has a civil law system with influences from customary law.|
|Burkina Faso||It has a civil law system.|
|Cameroon||It has a mixed legal system of English common law, French civil law, and customary law.|
|Chad||After gaining independence from France, Chad has retained the French legal system.|
|Comoros||The legal system is based on Sharia. According to the article 229-7 of the Penal Code, any Muslim who makes use of products forbidden by Islamic law can be punished by imprisonment of up to six months.|
|Cote d'Ivoire||It has a civil law system.|
|Djibouti||The Family Code is mainly derived from Islamic law and regulates personal status matters such as marriage, divorce, child custody and inheritance. Sharia does not apply to criminal law.|
|Egypt||Article 2 of Egypt's 2014 Constitution declares the principles of Islamic Sharia to be the main source of legislation. Egypt's law and enforcement system are in flux since its 2011 Revolution; however, the declaration of Sharia's primacy in Article 2 is a potential ground for unconstitutionality of any secular laws in Egyptian legal code. Sharia courts and qadis are run and licensed by the Ministry of Justice. The personal status law that regulates matters such as marriage, divorce and child custody is governed by Sharia. In a family court, a woman’s testimony is worth half of a man’s testimony.|
|Eritrea||Sharia courts entertain cases dealing with marriage, inheritance and family of Muslims.|
|Ethiopia||Sharia courts have jurisdiction on cases regaring marriage, divorce, maintenance, guardianship of minors (only if both parties are Muslims). Also included are cases concerning waqfs, gifts, succession, or wills, provided that donor is a Muslim or deceased was a Muslim at time of death.|
|Gabon||It has a mixed legal system of French civil law and customary law.|
|Gambia||Article 7 of the constitution identifies sharia as source of law in matters of personal status and inheritance among members of communities to which it applies.|
|Ghana||Islamic law is applied by customary or traditional courts as part of customary law.|
|Guinea-Bissau||It has a mixed legal system of civil law and customary law.|
|Guinea||It has a civil law system.|
|Kenya||Islamic law is applied by Kadhis' Courts where "all the parties profess the Muslim religion". Under article 170, section 5 of the constitution, the jurisdiction of Kadhis’ court is limited to matters relating to "personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion and submit to the jurisdiction of the Kadhi’s courts".|
|Libya||Qaddafi merged civil and sharia courts in 1973. Civil courts now employ sharia judges who sit in regular courts of appeal and specialise in sharia appellate cases. The personal status laws are derived from Islamic law.|
|Mali||It has a civil law system influenced by customary law. In urban areas, positive law is common. In rural areas the customary law usually dominates. Local rural versions of sharia are the predominant sources for customary law. Article 25 in Title II of Mali's constitution declares it to be a secular state.|
|Mauritania||The Penal Code contains Sharia crimes such heresy, apostasy, atheism, refusal to pray, adultery and alcoholism. Punishments include lapidation, amputation and flagellation.|
|Morocco||In 1956, a Code of Personal Status (Mudawana) was issued, based on dominant Maliki school of Sharia jurisprudence. Regional Sharia courts also hear personal status cases on appeal. In matters of family law, a woman’s testimony is worth only half of that of a man. With 2003 reforms of its criminal law, Article 222 of its new criminal code is derived from Islamic law; Articles 220–221, 268–272 of its criminal law similarly codify those activities as crimes that are prohibited under Sharia. Morocco adopted a new constitution in 2011; Article 41 of this constitution granted sole power to the Superior Council of the Ulemas to guide its laws through Fatwas from principles, precepts and designs of Islam.|
|Mozambique||Paula Rainha states that, "Mozambique’s legal system can be considered civil law based (at least the formal legal system) and legislation is the primary source of law."|
|Niger||It has not adopted any elements of Islamic law.|
|Senegal||The legal system of Senegal is based on French civil law. The 1972 Family Code (Code de la famille) is secular in nature. Islamic law is allowed by article 571 of the Family Code only in the case of intestate successions, and only if the person had demonstrated in life a wish that his succession would be regulated by Islamic law. Most succession cases are decided under this provision. There has been growing political attempts to introduce more sharia regulations.|
|Sierra Leone||It has a common law system influenced by customary law.|
|Somalia||Sharia was adopted in 2009. Article 2 of Somali 2012 Constitution states no law can be enacted that is not compliant with the general principles and objectives of Sharia. Sharia currently influences all aspects of Xeer as well as Somalia's formal legal system.|
|Sudan||Sharia has been declared the chief source of all legislation in Sudan's 1968, 1973 and 1998 Constitutions. In 2005, Sudan adopted an interim national constitution; it removed some references to Sharia, but included Sharia-derived criminal, civil and personal legal codes, as well as Sharia-mandated hudud punishments. The Criminal Act of 1991 prescribes punishments which include forty lashes for drinking alcohol, amputation of the right hand for theft of a certain value and stoning for adultery.|
|Tanzania||Islamic law is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Islamic law to matters of succession in communities that generally follow Islamic law in matters of personal status and inheritance. Unlike mainland Tanzania, Zanzibar retains Islamic courts.|
|Togo||It has a customary law system.|
|Tunisia||The Law of Personal Status was inspired by unofficial draft codes of Maliki and Hanafi family law, but it bans polygamy and extrajudicial divorce. Sharia courts were abolished in 1956. Secular inheritance laws are based on Islamic jurisprudence, and accord to women half the share of property due to men.|
|Uganda||Article 129 (1) (d) of the constitution allows the parliament to establish by law "Qadhi’s courts for marriage, divorce, inheritance of property and guardianship".|
|Guyana||The country has a common law system.|
|Suriname||The country has a civil law system.|
|Afghanistan||Criminal law in Afghanistan continues to be governed in large part by Islamic law. The Criminal Law of September 1976 codifies sharia, and retains punishments such as the stoning to death of adulterers. However virtually all courts, including the Supreme Court of Afghanistan, rely on Islamic law directly.|
|Azerbaijan||The government is declared to be secular in the constitution.|
|Bahrain||Article 2 of Bahrain's 2002 Constitution as originally adopted, as well as after February 2012 amendment, declares Islamic Sharia is a chief source of legislation. Four tiers of ordinary courts have jurisdiction over cases related to civil, administrative and criminal matters, with Court of Cassation the highest civil court in Bahrain; in all matters, the judges are required to resort to Sharia in case legislation is silent or unclear. Sharia courts handle personal status laws. A personal status law was codified in 2009 to regulate personal status matters. It applies only to Sunni Muslims; there is no codified personal status law for Shiites. In a Shari’a court a Muslim woman's testimony is worth half of that of a Muslim man.|
|Bangladesh||Marriage, divorce, alimony and property inheritance are regulated by Sharia for Muslims. The Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937) applies to Muslims in all matters relating to Family Affairs. Islamic family law is applied through the regular court system. There are no limitations on interfaith marriages.|
|Brunei||Sharia courts decide personal status cases or cases relating to religious offences. Sultan Hassanal Bolkiah declared in 2011 his wish to establish Islamic criminal law as soon as possible. A new penal code enacted in May 2014 will eventually prescribe sharia punishments, including the severing of limbs for property crimes and death by stoning for adultery and homosexuality.|
|Gaza Strip||The Egyptian personal status law of 1954 is applied. The personal status law is based on Islamic law and regulates matters related to inheritance, marriage, divorce and child custody. Shari’a courts hear cases related to personal status. The testimony of a woman is worth only half of that of a man in cases related to marriage, divorce and child custody.|
|India||The Muslim Personal Law (Shariat) Application Act 1937 directs the application of Muslim Personal Law to Muslims in a number of different areas, mainly related to family law.|
|Iran||Article 167 of the constitution states that all judicial rulings must be based upon "authoritative Islamic sources and authentic fatwa". Book 2 of the Islamic Penal Code of Iran is entirely devoted to hudud punishments, including flogging and stoning for adultery, and execution for men who have sex with men.|
|Iraq||Article 1 of Civil Code identifies Islamic law as a main source of legislation. The 1958 Code, made polygamy extremely difficult, granted child custody to the mother in case of divorce, prohibited repudiation and marriage under the age of 16. In 1995, Iraq introduced Sharia punishment for certain types of criminal offenses. Iraq's legal system is based on French civil law as well as Sunni and Jafari (Shi’ite) interpretations of Sharia. Article 41 of the constitution allows for personal status matters (such as marriage, divorce and inheritance) to be governed by the rules of each religious group. The article has not yet been put into effect, and a unified personal status law remains in place that builds on the 1959 personal status code.|
|Israel||Sharia law is one of the sources of legislation for Muslim citizens. Islamic law is binding on personal law issues for Muslim citizens.|
|Jordan||Jordan has Sharia courts and civil courts. Sharia courts have jurisdiction over personal status laws, cases concerning Diya (blood money in cases of crime where both parties are Muslims, or one is and both the Muslim and non-Muslim consent to Sharia court's jurisdiction), and matters pertaining to Islamic Waqfs. The Family Law in force is the Personal Status Law of 1976, which is based on Sharia law. In Sharia courts, the testimony of two women is equal to that of one man.|
|Kazakhstan||Islamic law was in force up until early 1920. The 1995 constitution is not based on sharia.|
|Kuwait||Article 2 of Kuwait's constitution identifies Islamic Sharia as a main source of legislation. According to the United Nations, Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law and Islamic law. The sharia-based personal status law for Sunnis is based on the Maliki fiqh and for Shiites, their own school of Islam regulates personal status. Before a family court the testimony of a woman is worth half of that of a man. Kuwait blocks internet content prohibited by Sharia.|
|Kyrgyzstan||It has a civil law system.|
|Lebanon||Lebanon's legal system is based on a combination of Civil Law, Sharia law and Ottoman laws. There are seventeen official religions in Lebanon, each with its own family law and religious courts. For the application of personal status laws, there are three separate sections: Sunni, Shia and non-Muslim. The Law of 16 July 1962 declares that Sharia law governs personal status laws of Muslims, with Sunni and Ja'afari Shia jurisdiction of Sharia law. In a Muslim family court, the testimony of a woman is worth half of that of a man.|
|Malaysia||Schedule 9 of Malaysian constitution recognizes Islamic law as a state subject; in other words, the states of Malaysia have the power to enact and enforce sharia. Islamic criminal law statutes have been passed at the state level in Terengganu, Kelantan and Perlis,[page needed] but as of 2014 none of these laws have been implemented, as they contravene the Federal Constitution. In 2007, Malaysia's Federal court ruled that apostasy matter lay "within the exclusive jurisdiction of Sharia Courts". Malaysian Muslims can be sentenced to caning for such offences as drinking beer, and adultery. Several sharia crimes, such as khalwat (close proximity of unmarried man and woman) are punishable only in Sharia courts of Malaysia. Publishing an Islamic book that is different from official Malaysian version, without permission, is a crime in some states. Other sharia-based criminal laws were enacted with "Syariah Criminal Offences (Federal Territory) Act of 1997". Muslims are bound by Sharia on personal matters, while members of other faiths follow civil law. Muslims are required to follow Islamic law in family, property and religious matters. In 1988 the constitution was amended to state that civil courts cannot hear matters that fall within the jurisdiction of Sharia courts.|
|Maldives||Article 15 of the Act Number 1/81 (Penal Code) allows for hudud punishments. Article 156 of the constitution states that law includes the norms and provisions of sharia.|
|Oman||Islamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree 101/1996. The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia. Sharia Court Departments within the civil court system are responsible for personal status matters. A 2008 law stipulates that the testimonies of men and women before a court are equal. Oman's criminal law is based on a combination of Sharia and English common law. Omani commercial law is largely based on Sharia; Article 5 of its Law of Commerce defaults to primacy of Sharia in cases of confusion, silence or conflict.|
|Pakistan||Until 1978 Islamic law was largely restricted to personal status issues. Zia ul Haq introduced Sharia courts and made far reaching changes in the criminal justice system. Articles 203a to 203j of the constitution establish a sharia court with the power to judge any law or government actions to be against Islam, and to review court cases for adherence to Islamic law. The penal code includes elements of sharia. Under article 5, section 2 of the Ordinance No. VII of 1979, whoever is guilty of zina, "if he or she is a muhsan, be stoned to death at a public place; or if he or she is not a mushan, be punished, at a public place, with whipping numbering one hundred stripes". Under a 2006 law, rape cases can be heard under civil as well as Islamic law.|
|Qatar||Sharia law is the main source of Qatari legislation according to Qatar's Constitution. Sharia law is applied to laws pertaining to family law, inheritance, and several criminal acts (including adultery, robbery and murder). In some cases in Sharia-based family courts, a female's testimony is worth half a man's and in some cases a female witness is not accepted at all. Flogging is used in Qatar as a punishment for alcohol consumption or illicit sexual relations. Article 88 of Qatar's criminal code declares the punishment for adultery is 100 lashes. Adultery is punishable by death when a Muslim woman and a non-Muslim man are involved. In 2006, a Filipino woman was sentenced to 100 lashes for adultery. In 2012, six expatriates were sentenced to floggings of either 40 or 100 lashes. More recently in April 2013, a Muslim expatriate was sentenced to 40 lashes for alcohol consumption. In June 2014, a Muslim expatriate was sentenced to 40 lashes for consuming alcohol and driving under the influence. Judicial corporal punishment is common in Qatar due to the Hanbali interpretation of Sharia Law. Article 1 of the Law No. 11 Of 2004 (Penal Code) allows for the application of "Sharia provisions" for the crimes of theft, adultery, defamation, drinking alcohol and apostasy if either the suspect or the victim is a Muslim.|
|Saudi Arabia||Saudi criminal law is based totally on sharia. No codified personal status law exists, which means that judges in courts rule based on their own interpretations of sharia. See Legal system of Saudi Arabia|
|Singapore||Sharia courts may hear and determine actions in which all parties are Muslims or in which parties involved were married under Muslim law. Court has jurisdiction over cases related to marriage, divorce, betrothal, nullity of marriage, judicial separation, division of property on divorce, payment of dowry, maintenance, and muta.|
|Sri Lanka||Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act.|
|Syria||Article 3 of the 1973 Syrian constitution declares Islamic jurisprudence one of Syria's main sources of legislation. The Personal Status Law 59 of 1953 (amended by Law 34 of 1975) is essentially a codified Sharia law. The Code of Personal Status is applied to Muslims by Sharia courts. In Sharia courts, a woman's testimony is worth only half of a man's.|
|Tajikistan||The government is declared to be secular in the constitution.|
|Turkmenistan||Article 11 of the constitution declares that religious groups are separate from the state and the state educational system.|
|Uzbekistan||It has a civil law system.|
|West Bank||The Jordanian personal status law of 1976 is applied. The personal status law is based on Islamic law and regulates matters related to inheritance, marriage, divorce and child custody. Sharia courts hear cases related to personal status. The testimony of a woman is worth only half of that of a man in cases related to marriage, divorce and child custody.|
|Yemen||Law 20/1992 regulates personal status. The constitution mentions sharia. Penal law provides for application of hadd penalties for certain crimes, although the extent of implementation is unclear. Article 263 of the 1994 penal code states that "the adulterer and adulteress without suspicion or coercion are punished with whipping by one hundred strokes as a penalty if not married. [...] If the adulterer or the adulteress are married, they are punished by stoning them to death."|
|Albania||It has a civil law system, except in the northern rural areas where the Code of Leke prevails.|
|Bosnia||It has a civil law system.|
|Kosovo||It has an evolving legal system; a mixture of applicable Kosovo law, UNMIK laws and regulations, and laws of former Yugoslavia.|
|Turkey||As part of Atatürk's Reforms, sharia was abolished in April 1924, with the Law Regarding the Abolition of Islamic Law Courts and Amendments Regarding the Court Organization.|
|Greece||Western Thrace||Under the 1923 Treaty of Lausanne, Sharia regulates marriage, divorce, custody of children and inheritance for Muslims who reside in Western Thrace; the treaty also allows for the establishment of auqaf. Muslim can alternatively choose a civil marriage and take their cases to civil court. The question of the use of Sharia in Greece is the subject of recent[when?] judicial review.|
|Rest of Greece||In other parts of Greece, all people are subjected exclusively to the provisions of the civil code, regardless of their religion.|
|Indonesia||Aceh||Aceh is the only part of Indonesia to apply Sharia in full. Islamic courts in Aceh had long handled cases of marriage, divorce and inheritance. After special autonomy legislation was passed in 2001, the reach of courts extend to criminal justice. Under a 2009 law, married people convicted of adultery can be sentenced to death by stoning, while unmarried people can be sentenced to 100 lashes. Offences such as being alone with an unrelated member of the opposite gender, gambling and breaking Islamic dress rules can be punished with a public caning. In 2014, the provincial government of Aceh extended sharia's reach, enacting and enforcing sharia to apply it to non-Muslims as well.|
|Rest of Indonesia||In other parts of Indonesia, religious courts have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Roman Dutch law or local adat.[dated info] Suharto’s New Order expanded the reach of Islamic law, first with the 1974 Marriage Act, which assigned jurisdiction over the marriage and divorce of Muslims to the Islamic courts (Indonesian: peradilan agama), and with the 1989 Religious Judicature Act, which elevated Islamic courts by making them a parallel legal system, equal to state courts and gave them jurisdiction over inheritance (wasiyyah), gifts (hibah) and religious endowments. Muslim litigants could originally choose whether to have inheritance questions decided by the Islamic courts or by the civil courts, but a 2006 amendment eliminated this possibility; the same amendment gave Islamic courts new jurisdiction over property disputes, including financial and economic matters. Muslims seeking a divorce must also file their claim in Islamic courts. The Compilation of Islamic Law 1991 (Indonesian: Kompilasi Hukum Islam) regulates marriage, inheritance, and charitable trusts (wakaf). Islamic law falls outside the jurisdiction of the Constitutional Court. Since 2006, a number of districts have issued local ordinances based on sharia.|
|Nigeria (article)||Sharia states||Until 1999, Islamic law applied primarily to civil matters, but twelve of Nigeria’s thirty-six states have since extended Sharia to criminal matters. Sharia courts can order amputations, and a few have been carried out. The twelve sharia states are Zamfara, Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto and Yobe.|
|Borno, Gombe and Yobe||Borno, Gombe and Yobe have not yet begun to apply their Sharia Penal Codes.|
|Rest of Nigeria||The rest of Nigeria has a mixed legal system of English common law and traditional law.|
|Philippines||Muslim Mindanao||There are sharia trial and circuit trial courts in Mindanao. Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws. Sharia law only applies to civil cases involving Muslims in the Autonomous Region in Muslim Mindanao; for all other cases, including criminal cases, those are dealt with by local courts. Prior to 2001, Basilan did not apply with sharia, but the 2001 expansion eliminated the secular personal laws. The new Bangsamoro Region may eliminate more secular personal laws in Cotabato City, Isabela City and barangays not in ARMM that are on the referendum ballet. Marawi City has been a stronghold of Islamism long before since the 2001 expansion since it is officially an Islamic city.|
|Rest of the Philippines||The rest of the Philippines has a mixed legal system of civil, common, and customary law.|
|Thailand||Yala, Narathiwat, Pattani and Songkhla||In Yala, Narathiwat, Pattani and Songkhla provinces, Islamic law is allowed for settling family and inheritance issues under a 1946 law.|
|Rest of Thailand||The remaining provinces of Thailand have a civil law system with common law influences.|
|United Arab Emirates (article)||Dubai and Ras Al Khaimah||Dubai and Ras Al Khaimah are not part of the federal judicial system.|
|Rest of the UAE||The court system comprises Sharia courts and civil courts. Judicial corporal punishment is a legal form of punishment in UAE due to the Sharia courts. Flogging is used in UAE as a punishment for criminal offences such as adultery, premarital sex and prostitution. In most emirates, floggings of Muslims are frequent, especially for adultery, prostitution and drunkenness, with sentences ranging from 80 to 200 lashes. Between 2007 and 2013, many people were sentenced to 100 lashes. Moreover in 2010 and 2012, several Muslims were sentenced to 80 lashes for alcohol consumption. Under UAE law, premarital sex is punishable by 100 lashes. Stoning is a legal form of judicial punishment in UAE. In 2006, an expatriate was sentenced to death by stoning for committing adultery. Between 2009 and 2013, several people were sentenced to death by stoning. In May 2014, an Asian housemaid was sentenced to death by stoning in Abu Dhabi. Sharia law dictates the personal status law, which regulate matters such as marriage, divorce and child custody. The Sharia-based personal status law is applied to Muslims and sometimes non-Muslims. Non-Muslim expatriates are liable to Sharia rulings on marriage, divorce and child custody. Sharia courts have exclusive jurisdiction to hear family disputes, including matters involving divorce, inheritances, child custody, child abuse and guardianship of minors. Sharia courts may also hear appeals of certain criminal cases including rape, robbery, and related crimes. Apostasy is a crime punishable by death in the UAE. UAE incorporates hudud crimes of Sharia into its Penal Code – apostasy being one of them. Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty, therefore apostasy is punishable by death in the UAE. Emirati women must receive permission from male guardian to remarry. The requirement is derived from Sharia, and has been federal law since 2005. In all emirates, it is illegal for Muslim women to marry non-Muslims. In the UAE, a marriage union between a Muslim woman and non-Muslim man is punishable by law, since it is considered a form of "fornication".|
- Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Leiden: Leiden University Press. pp. 615–616. ISBN 978-9087280574.
- "I have a right to". BBC World Service. Retrieved 24 February 2013.
- Pate, Matthew; Gould, Laurie A. (2012-08-31). Corporal Punishment Around the World. ABC-CLIO. p. 51. ISBN 978-0-313-39131-6. Retrieved 2013-04-01.
- "The Emergence of Sharia Law". Online NewsHour. Retrieved 20 February 2013.
- Lapidus, Ira (1996), The Cambridge Illustrated History of the Islamic World edited by Francis Robinson, Cambridge University Press, pp. 293–298
- Hamann, Katie (December 29, 2009). "Aceh's Sharia Law Still Controversial in Indonesia". Voice of America. Retrieved September 19, 2011.
- Staff (January 3, 2003). "Analysis: Nigeria's Sharia Split". BBC News. Retrieved September 19, 2011. "Thousands of people have been killed in fighting between Christians and Muslims following the introduction of sharia punishments in northern Nigerian states over the past three years".
- Harnischfeger, Johannes (2008).
• p. 16. "When the Governor of Kaduna announced the introduction of Sharia, although non-Muslims form almost half of the population, violence erupted, leaving more than 1,000 people dead."
• p. 189. "When a violent confrontation loomed in February 200, because the strong Christian minority in Kaduna was unwilling to accept the proposed sharia law, the sultan and his delegation of 18 emirs went to see the governor and insisted on the passage of the bill."
- Mshelizza, Ibrahim (July 28, 2009). "Fight for Sharia Leaves Dozens Dead in Nigeria – Islamic Militants Resisting Western Education Extend Their Campaign of Violence". The Independent. Retrieved September 19, 2011.
- "Nigeria in Transition: Recent Religious Tensions and Violence". PBS.
- Staff (December 28, 2010). "Timeline: Tensions in Nigeria – A Look at the Country's Bouts of Inter-Religious and Ethnic Clashes and Terror Attacks". Al Jazeera English. Retrieved September 19, 2011. "Thousands of people are killed in northern Nigeria as non-Muslims opposed to the introduction of sharia, or Islamic law, fight Muslims who demand its implementation in the northern state of Kaduna.".
- Ibrahimova, Roza (July 27, 2009). "Dozens Killed in Violence in Northern Nigeria" (video (requires Adobe Flash; 00:01:49)). Al Jazeera English. Retrieved September 19, 2011. "The group Boko Haram, which wants to impose sharia (Islamic law) across the country, has attacked police stations and churches."
- Harnischfeger, Johannes (2008).
- . Library of Congress Country Studies: Sudan:. "The factors that provoked the military coup, primarily the closely intertwined issues of Islamic law and of the civil war in the south, remained unresolved in 1991. The September 1983 implementation of the sharia throughout the country had been controversial and provoked widespread resistance in the predominantly non-Muslim south ... Opposition to the sharia, especially to the application of hudud (sing., hadd), or Islamic penalties, such as the public amputation of hands for theft, was not confined to the south and had been a principal factor leading to the popular uprising of April 1985 that overthrew the government of Jaafar an Nimeiri".
- Marchal, R. (2013), Islamic political dynamics in the Somali civil war. Islam in Africa South of the Sahara: Essays in Gender Relations and Political Reform, pp 331–352
- "PBS Frontline: "Civil war was sparked in 1983 when the military regime tried to impose sharia law as part of its overall policy to "Islamicize" all of Sudan."". Pbs.org. Retrieved 2012-04-04.
- Tibi, Bassam (2008). Political Islam, World Politics and Europe. Routledge. p. 33. "The shari'a was imposed on non-Muslim Sudanese peoples in September 1983, and since that time Muslims in the north have been fighting a jihad against the non-Muslims in the south."
- Otto, Jan Michiel. Sharia and National Law in Muslim Countries. Amsterdam University Press. ISBN 978-90-8728-048-2.
- Stahnke, Tad and Robert C. Blitt (2005), “The Religion-State Relationship and the Right to Freedom of Religion or Belief: A Comparative Textual Analysis of the Constitutions of Predominantly Muslim Countries.” Georgetown Journal of International Law, volume 36, issue 4; also see Sharia Law profile by Country, Emory University (2011)
- Coulson, N. J. (2011), A history of Islamic law, Aldine, ISBN 978-1412818551
- Esposito, John (2001), Women in Muslim family law, Syracuse University Press, ISBN 978-0815629085
- Otto, Jan Michiel (2008-08-30). Sharia and National Law in Muslim Countries. Amsterdam University Press. pp. 635–636. ISBN 978-90-8728-048-2. Retrieved 2013-03-11.
- "Algeria". Law.emory.edu. Retrieved 2013-02-18.
- "Algeria – Constitution and Laws". U.S. State Department (2011). Retrieved 3 October 2014.
- "Algeria Gender Equality Profile". UNICEF.
- "Legal Systems". The World Factbook.
- Ngarhodjim, Nadjita F. "An Introduction to the Legal System and Legal Research in Chad". Hauser Global Law School Program, New York University.
- "Freedom in the World – Comoros (2002)". UNHCR Refworld.
- "Loi N°81-006, modifiée par les lois 87-004 et 95-012 portant Code pénal". Ministère de la Justice. Retrieved 24 February 2013.
- "Djibouti Gender Equality Profile". UNICEF.
- "24ème session". Haut-Commissariat aux droits de l'homme. Retrieved 9 July 2014.
La Charia n'est pas compétente dans le domaine pénal, a précisé la délégation.
- Adly Mansour. "Egypt's Constitution". Government of Egypt.
- Abdel Wahab, Mohamed S. E. "An Overview of the Egyptian Legal System and Legal Research". New York University.
- "Egypt – The Judiciary, Civil Rights and the Rule of Law". Library of Congress, USA.
- "Incorporating Sharia into legal systems". BBC News. 2008-02-08. Retrieved 2013-02-18.
- "Egypt Gender Equality Profile". UNICEF.
- "Introduction To Eritrean Legal System And Research". GlobaLex. Retrieved 19 February 2013.
- "Ethiopia". Law.emory.edu. Retrieved 2013-02-18.
- "Gambia". Law.emory.edu. Retrieved 2013-02-18.
- "Ghana". Law.emory.edu. Retrieved 2013-02-18.
- "Islam: Governing Under Sharia". Council on Foreign Relations. Retrieved 2013-02-18.
- "Kenya". Law.emory.edu. Retrieved 2013-02-18.
- "The Constitution of Kenya". Embassy of the Republic of Kenya, Washington DC. Retrieved 24 February 2013.
- "Libya". Law.emory.edu. Retrieved 2013-02-18.
- "Libya Gender Equality Profile". UNICEF.
- Servaas Feiertag (2008), Guide to Legal Research in Mali Hauser Globalex, New York University
- Jeffrey Craver (Translator), The Constitution of the Republic of Mali University of Richmond School of Law
- "Researching the Legal System and Laws of the Islamic Republic of Mauritania". GlobaLex. Retrieved 19 February 2013.
- "Morocco". Law.emory.edu. Retrieved 2013-02-18.
- "Morocco Gender Equality Profile". UNICEF.
- Buskens, Leon. Otto, Jan, ed. Sharia Incorporated. Leiden University Press. pp. 122–124. ISBN 978-9087280574.
- "Constitution of Morocco 2011". Government of Morocco, Article 41.
- "Morocco Laws Criminalizing Apostasy". Library of Congress, U.S. Government (2013).
- Rainha, Paula. "Republic of Mozambique – Legal System and Research". Hauser Global Law School Program, New York University.
- Graeme R. Newman (2010-10-30). Crime and Punishment around the World: [Four Volumes]. ABC-CLIO. p. 157. ISBN 978-0-313-35134-1. Retrieved 2013-02-19.
- "Customary and Islamic law in Senegal". Legal Briefs (2004).
- "Code de la famille Sénégalais". JaFBase. Retrieved 3 October 2014.
- Dièye, Abdoulaye. "Secularism in Senegal: Withstanding the Challenge of Local Realities". Institute for the Study of Islamic Thought in Africa. Retrieved 3 October 2014.
- Mary Hallward-Driemeier; Tazeen Hasan (2012-10-04). Empowering Women: Legal Rights and Economic Opportunities in Africa. World Bank Publications. p. 55. ISBN 978-0-8213-9534-9.
- Dièye, Abdoulaye (2009). "Secularism in Senegal: Withstanding the Challenge of Local Realities". Institute for the Study of Islamic Thought in Africa. p. 10. Retrieved 3 October 2014.
More recently a personal status code in accordance with the Sharia for Senegalese Muslims instead of the present Family Code was adopted and propagated by the Islamic Committee for the Reform of the Family Code in Senegal.
- "Somali cabinet votes to implement sharia law". Reuters. 2009-03-10. Retrieved 2013-02-18.
- "UN officials welcome ‘historic’ approval of new constitution for Somalia". United Nations News Center (2012).
- "Federal Republic of Somalia – Provisional Constitution". United Nations (2012).
- Abdul Wahid Sh. Qalinle. Johansson Dahre, Ulf, ed. Promoting Rule of Law in an Era of ‘Re-Islamization" in Somalia, Part IV in Predicaments in the Horn of Africa. Lund University Press. pp. 331–342.
- Clark Lombardi (2013). "Sharia – A or The Chief Source of Legislation". International Law Review (American University) 28 (3): 751–753.
- Koendgen, Olaf. Otto, Jan, ed. Sharia Incorporated. Leiden University Press. pp. 181–230. ISBN 978-9087280574.
- Jan Michiel Otto (2010-06-30). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Amsterdam University Press. pp. 211–212. ISBN 978-90-8728-057-4. Retrieved 2013-02-18.
- "The Criminal Act 1991". PCLRS. Retrieved 21 February 2013.
- "Guide to Tanzanian Legal System and Legal Research". GlobaLex. Retrieved 19 February 2013.
- "Tunisia". Law.emory.edu. Retrieved 2013-02-18.
- "Features – A Guide to the Tunisian Legal System". LLRX.com. 2002-09-15. Retrieved 2013-02-18.
- "Will Tunisian Women Finally Inherit What They Deserve?". Foreign Policy. Retrieved 10 January 2015.
- "Constitution of Uganda".
- Lau, Martin. "Afghanistan’s Legal System and its Compatibility with International Human Rights Standards". UNHCR. p. 21.
- Clark Lombardi (2013). "Sharia – A or The Chief Source of Legislation". American University International Law Review 28 (3): 733–774.
- "Chapter III — Relevant Aspects of the Legal System and Description of the Enforcement Structures". Bahrain Government.
- Gerhard Robbers (2006). Encyclopedia of World Constitutions. Infobase Publishing. p. 73. ISBN 978-0-8160-6078-8. Retrieved 2013-08-20.
- "Bahrain". Freedom House. p. 4.
- "Bahrain Gender Equality Profile". UNICEF.
- "Women and property rights: Who owns Bangladesh?". The Economist. 2013-08-21. Retrieved 21 August 2013.
- "A Research Guide to the Legal System of the Peoples’ Republic of Bangladesh". GlobaLex. Retrieved 2013-02-18.
- "Bangladesh". Law.emory.edu. Retrieved 2013-02-18.
- Jonathan Fox (2008-05-19). A World Survey of Religion and the State. Cambridge University Press. p. 197. ISBN 978-1-139-47259-3. Retrieved 2013-02-18.
- "Brunei". Law.emory.edu. Retrieved 2013-02-18.
- "Islamic Criminal Law in Brunei: Don't delay". The Jakarta Post.
- "Sultan of Brunei imposes harsh Islamic criminal code". Los Angeles Times. Retrieved 7 May 2014.
- "Occupied Palestinian Territory Gender Equality Profile". UNICEF.
- "India". Law.emory.edu. Retrieved 2013-02-18.
- Jonathan Fox (2008-05-19). A World Survey of Religion and the State. Cambridge University Press. p. 231. ISBN 978-1-139-47259-3. Retrieved 2013-02-19.
- "Islamic Penal Code of Iran". Mission for Establishment of Human Rights in Iran. Retrieved 21 February 2013.
- "Iraq, Republic of". Law.emory.edu. 1983-03-16. Retrieved 2013-02-18.
- "Women In Personal Status Laws: Iraq, Jordan, Lebanon, Palestine, Syria". SHS Papers in Women’s Studies/ Gender Research, No. 4. UNESCO. July 2005.
- Jonathan Fox (2008-05-19). A World Survey of Religion and the State. Cambridge University Press. p. 238. ISBN 978-1-139-47259-3. Retrieved 2013-02-18.
- "Religion, Law, and Iraq’s Personal Status Code". Islamopedia Online. Retrieved 2013-02-18.
- "Iraq Gender Equality Profile". UNICEF.
- "Josh Goodman: What Sharia Law in Democracies Tells Us About Islam". HuffPost Religion. 2010-09-29.
- "Jordan, Hashemite Kingdom of". Law.yale.edu. p. 21.
- "Jordan Gender Equality Profile". UNICEF.
- "UPDATE: Laws of the Republic of Kazakhstan". GlobaLex. Retrieved 2013-02-18.
- Paul Brummell (2012-03-01). Kazakhstan. Bradt Travel Guides. p. 21. ISBN 978-1-84162-369-6. Retrieved 2013-02-18.
- "Constitution of Kuwait". Dustur Dawlat Al-Kuwait, Government of Kuwait (2014).
- "State of Kuwait, Public Administration Profile". United Nations. p. 7.
- "Kuwait Gender Equality Profile". UNICEF.
- "Kuwait, State of". Law.emory.edu. Retrieved 2013-02-18.
- Monroe E. Price, Stefaan Verhulst, Libby Morgan (2013). Routledge Handbook of Media Law. pp. 262–264.
- "The Lebanese Constitution promulgated on May 23, 1926, with its Amendments". World Intellectual Property Organization.
- Harding, Andrew. Otto, Jan, ed. Sharia Incorporated. Leiden University Press. pp. 491–521. ISBN 978-9087280574.
- Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Leiden: Leiden University Press. pp. 504–505. ISBN 978-9087280574.
In Terengganu, where PAS took over the State government between 1999 and 2004, a hudud law was also passed.
- Otto, Jan Michiel (2009). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Leiden: Leiden University Press. pp. 504–505. ISBN 978-9087280574.
On November 25, 1993, the State Legislative Assembly unanimously approved the hudud law.
- Shad Furuqi (2005), The Malaysian Constitution, the Islamic state and Hudud Laws, Chapter 13 in Islam in Southeast Asia (Editors: Nathan and Kamali), Institute of Southeast Asian Studies, ISBN 978-9812302830
- Saw Swee-Hock; K Kesavapany (January 2006). Malaysia: Recent Trends and Challenges. Institute of Southeast Asian Studies. p. 105. ISBN 978-981-230-339-4.
this law, being in contravention to the Federal Constitution, has remained inoperative.
- Peri Bearman; Professor Rudolph Peters (2014-08-28). The Ashgate Research Companion to Islamic Law. Ashgate Publishing, Ltd. p. 240. ISBN 978-1-4094-3893-9.
the government of Kelantan admitted to the largely symbolic nature of the law, with the Chief Minister of Kelantan stating a few days after its unanimous passage that it "could not be implemented until the Federal Government of Malaysia makes changes to the Federal Constitution"
- Arskal Salim (2008). Challenging the Secular State: The Islamization of Law in Modern Indonesia. University of Hawaii Press. p. 176. ISBN 978-0-8248-3237-7.
The bill, however, was rejected by the Malaysian federal government on the grounds that it clashed with the federal constitution.
- "Woman in Malaysia Caning Sentence Freed". WSJ.com. Retrieved 23 February 2013.
- "Malaysia begins caning women for adultery". CSMonitor.com. Retrieved 23 February 2013.
- Jonathan Fox (2008-05-19). A World Survey of Religion and the State. Cambridge University Press. p. 198. ISBN 978-1-139-47259-3. Retrieved 2013-02-18.
- Pak, Jennifer (2011-09-05). "Malaysia's parallel judicial systems come up against legal challenges". BBC News. Retrieved 2013-02-18.
- "Maldives Penal Code". Retrieved 19 February 2013.
- "Maldives". Law.emory.edu. 1983-03-16. Retrieved 2013-02-18.
- Mechantaf, Khalil. "The Legal System and Research in the Sultanate of Oman". New York University.
- "Sultanate of Oman". Ministry of Foreign Affairs. Retrieved 2013-02-18.
- "Oman". Freedom House. Retrieved 2013-02-18.
- "Oman Gender Equality Profile". UNICEF.
- Graeme R. Newman (2010-10-19). Crime and Punishment around the World [4 volumes]: [Four Volumes]. ABC-CLIO. pp. 336–337. ISBN 978-0-313-35134-1.
- "Islam and the Legal System". Islamopedia Online. Retrieved 2013-02-18.
- Jonathan Fox (2008-05-19). A World Survey of Religion and the State. Cambridge University Press. p. 200. ISBN 978-1-139-47259-3. Retrieved 2013-02-18.
- "The Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)". UNHCR. Retrieved 21 February 2013.
- "Pakistan votes to amend rape laws". BBC News. 2006-11-15. Retrieved 21 February 2013.
- "The Permanent Constitution of the State of Qatar". Government of Qatar.
- "Constitution of Qatar".
According to Article 1: Qatar is an independent Arab country. Islam is its religion and Sharia law is the main source of its legislation.
- "Qatar Gender Equality Profile". UNICEF.
- "Amnesty International Annual Report 2012 – Qatar". Amnesty International. Retrieved 19 March 2014.
- "Filipino woman gets 100 lashes for giving birth in Qatar".
- "Qatar sentences man to 40 lashes for drinking alcohol". Arabian Business.
- "Qatar sentences man to lashes for drinking alcohol". Al Akhbar.
- "Qatar court orders lashing of Muslim barber over drinking alcohol". Al Arabiya.
- "Indian expat sentenced to 40 lashes in Qatar for drink-driving". Arabian Business.
- "Law No. (11) of 2004 Penal Code". Qatar Financial Information Unit.
- "Prison Information Pack – Saudi Arabia". Ukinsaudiarabia.fco.gov.uk. 2012-04-09. Retrieved 2013-02-18.
- "MENA Gender Equality Profile". UNICEF. Retrieved 23 February 2013.
- "Singapore". Law.emory.edu. Retrieved 2013-02-18.
- "Muslim Law in Sri Lanka". Sri Lanka Daily News. Retrieved 19 February 2013.
- "Syria (Syrian Arab Republic)". Law.emory.edu. Retrieved 2013-08-21.
- "Syria". Carnegie Endowment for International Peace. p. 13.
- "Syria (Syrian Arab Republic)". Law.emory.edu. Retrieved 2013-02-18.
- "Syria Gender Equality Profile". UNICEF.
- Jonathan Fox (2008-05-19). A World Survey of Religion and the State. Cambridge University Press. pp. 146–148. ISBN 978-1-139-47259-3. Retrieved 2013-02-19.
- "Islam and Law After Unification: Debates and Challenges". Islamopedia Online. Retrieved 2013-02-18.
- "Yemen, Republic of". Law.emory.edu. Retrieved 2013-02-18.
- "Republican Decree, By Law No. 12 for 1994, Concerning Crimes and Penalties". UNHCR Refworld. Retrieved 21 February 2013.
- Ioannis N. Grigoriadis (2012-10-30). Instilling Religion in Greek and Turkish Nationalism: A "Sacred Synthesis". Palgrave Macmillan. p. 63. ISBN 978-1-137-30119-2. Retrieved 2013-02-18.
- "Greece". U.S. Department of State. pp. 2–4. Retrieved 16 January 2015.
- See also Vassilios Koufianidis (2011). The role of the Mufti and of the sacred law of Islam in the Greek legal system. Komotini: Diploma paper submitted to the Democritian University of Thrace (in Greek).
- Kakoulidou, Eirini. "The application of Shari’ah in the Greek area of Western Thrace". Academia.edu. Retrieved 16 January 2015.
- "Aceh passes adultery stoning law". BBC News. 2009-09-14. Retrieved 21 February 2013.
- Aceh fully enforces sharia The Jakarta Post (February 7, 2014)
- Laying down God's law The Economist (February 15, 2014)
- "Indonesia". Law.emory.edu. Retrieved 2013-02-18.
- Mark E. Cammack; R. Michael Feener. "The Islamic Legal System In Indonesia". pp. 17–32. Retrieved 22 August 2014.
- "Indonesia". Freedom in the World 2012. Freedom House. Retrieved 23 February 2013.
- "Working within Nigeria's Sharia Courts". Carnegiecouncil.org. Retrieved 2013-02-18.
- "Nigeria's Zamfara Sharia court orders amputation". BBC News. 2011-09-09. Retrieved 2013-02-18.
- "Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present". Leiden University Press. p. 575 (25).
- "Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present". Leiden University Press. p. 603 (53).
- Oxford Business Group. The Report: The Philippines 2010. Oxford Business Group. p. 14. ISBN 978-1-907065-11-8. Retrieved 2013-02-19.
- "A primer on the Philippine Sharia courts". Asian Institute of Journalism and Communication. Retrieved 19 February 2013.
- "Analysis: Mindanao’s uncertain road to peace". IRIN News. Retrieved 14 January 2015.
- "Thailand May Extend Shariah Law in Violence-Ridden Muslim South". Bloomberg L.P. 2009-06-22. Retrieved 18 February 2013.
- "The UAE Court System". Consulate General of the United States Dubai, UAE.
- "UAE: Judicial corporal punishment by flogging". World Corporal Punishment Research.
- "United Arab Emirates". Crime and Society.
- "Pregnant maid to get 100 lashes after being found guilty of illegal affair".
- "Teenager to be lashed for adultery".
- "Illicit lovers sentenced to 100 lashes each".
- "Two women sentenced to death for adultery".
- "Prison for couple who conceived outside of wedlock".
KA, 19, Emirati, was sentenced to six months in prison. Her would-be husband, AM, Omani, was sentenced to 100 lashes and one year in prison.
- "Adulterer to be lashed, jailed in Sharjah".
- "DUBAI: Alleged victim of gang rape sentenced to one year in prison".
At that point, she was facing a penalty for extramarital sex, which is 100 lashes and a minimum of three years in prison.
- "Man to get 80 lashes for drinking alcohol". 2010.
- "Man appeals 80 lashes for drinking alcohol in Abu Dhabi". 2012.
- "Woman denies affair after hearing she faces stoning".
Under the same law, premarital sex is punishable by 100 lashes.
- "UAE: Death by stoning/ flogging". Amnesty.
- "Man faces stoning in UAE for incest".
- "Woman denies affair after hearing she faces stoning".
- "Woman Sentenced to Death by Stoning in UAE".
- "Asian housemaid gets death for adultery in Abu Dhabi".
- "Expat faces death by stoning after admitting in court to cheating on husband".
- "Britons 'liable to Sharia divorces' in UAE". BBC.
- Butti Sultan Butti Ali Al-Muhairi (1996), The Islamisation of Laws in the UAE: The Case of the Penal Code, Arab Law Quarterly, Vol. 11, No. 4 (1996), pp. 350–371
- Al-Muhairi (1997), Conclusion to the Series of Articles on the UAE Penal Law. Arab Law Quarterly, Vol. 12, No. 4
- "Divorcees, widows concerned about receiving ‘permission’ before remarrying".
- United Arab Emirates International Religious Freedom Report, Bureau of Democracy, Human Rights, and Labor (2009)