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Islamic Law: Radical Muslims
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In addition, under Islamic law individuals harmed as a result of an unjust act have certain financial tools that allow them to be compensated for losses that result. Rights to compensation extend to non-Muslims when they are harmed by Muslims and allow for rather comprehensive rights to financial recompense. Especially useful is the provision that injured parties have the right to sue any individual who forms part of an organization that commits acts of unjust violence against them. This extends to individuals who do not themselves form armed bands, or take up arms directly, but in some other way contribute to the formation or activities of the organization in a non-military capacity. These provisions would allow the United States to seize funds from groups that are proven to facilitate the activities of terror groups.
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In theory, Sunni Islamic law allows husbands to divorce their wives if there is a justifiable reason, by clearly saying talaq ("I divorce you"). A divorced couple cannot remarry if they have been divorced three times, unless the woman has married and divorced another man in the interim. In 2003 a Malaysian court ruled that, under Sharia law, a man may divorce his wife via text messaging as long as the message was clear and unequivocal. [3] Such a divorce, known as the "triple talaq" is not allowed in most Muslim states. The divorced wife always keeps her dowry from when she was married, and is given child support and until the age of weaning, at which point the child may be returned to its father if it is deemed to be in its interests. The wife ... receives spousal support as long as she remains single, and the sum of this is usually designated in the marriage contract, but can be varied by the courts according to need.
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Traditional Islamic law has very few and rudimentary rules outlining the laws of war between Muslims. To a certain extent, Islamic law sees the world as an ideal setting in which all Muslims are united under the leadership of a single state. Jurists simply did not develop comprehensive rules regulating intra-Muslim conflict. This is not the case with war between the Muslim state and its non-Muslim neighbors. War between a Muslim state and its non-Muslim neighbor is legally defined as "jihad," which has a legal and a pietistic definition. In all cases, the legal definition involves some aspect of military expedition (sayr) or political expansion.7 Discussion of jihad is complicated by legal texts that reflect the changing circumstances of the Muslim community as it moved from a military power to a community that was under foreign domination.
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"Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself," asserts renowned Islamic law scholar Joseph Schacht. At a time when Islamic fundamentalism is flourishing, the relation of religion to law-related behavior needs to be scrutinized. This volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle East nations. Eight chapters, contributed by experts in the field, and a cogent introduction by Dwyer deal with the practical intricacies of personal status law and assess law in the public domain.
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During the greater part of the first/seventh century, Islamic law, in the technical meaning of the term, did not as yet exist. As had been the case in the time of Muhammad, law as such fell outside the sphere of religion; if no religious or moral objections were involved, the technical aspects of law were a matter of indifference to the Muslims. This accounts for the widespread adoption, or rather survival, of certain legal and administrative institutions and practices of the conquered territories, such as the treatment of the tolerated religions which was closely modelled on the treatment of the Jews in the Byzantine empire, methods of taxation, the institution ofemphyteusis, and so forth. The principle of the retention of pre-Islamic legal practices under Islam was sometimes openly acknowledged, e.g. by the historian al-Baladhuri (d. 279/892), but generally speaking fictitious Islamic precedents were later invented as a justification.
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The Islamic Legal Studies Program is a program devoted to research into and study of Islamic law at Harvard Law School. It is not a degree-granting institution. Courses on Islamic law at the Law School are part of the large elective curriculum offered by the Law School and along with courses on American constitutional law, administrative law, animal rights law, immigration law—to mention only a few of the 114 offered—lead towards the three degrees it offers: the J.D., LL.M., and S.J.D. The latter two are advanced degrees in law, comprising one and three years respectively. None of the degrees leads specifically to a degree in Islamic law or the laws of the Muslim world but to general law degrees, or to one of the concentrations offered in the Master's year.
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