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Islamic Law: Saudi Arabia
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Sharia, or Islamic law, influences the legal code in most Islamic countries, but the extent of its impact varies widely. Avowedly secular Turkey is at one extreme. It doesn't base its laws on the Quran, and some government-imposed rules--such as a ban on women's veils--are contrary to practices often understood as Islamic. At the devout end of the spectrum are the Islamic Republic of Iran, where mullahs are the ultimate authority, and Saudi Arabia, a monarchy where the Quran is considered the constitution. In 1959, Iraq modified its sharia-based family law system and became one of the Middle East's least religious states. Whether sharia should be more strictly applied in post-Saddam Hussein Iraq is one of the most divisive issues facing the transitional government.
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Islamic law had its roots in pre-Islamic Arab society. This society and its law showed both profane and magical features. The law was magical in so far as the rules of investigation and evidence were dominated by sacral procedures, such as divination, oath, and curse; and it was profane in so far as even penal law was reduced to questions of compensation and payment. There are no indications that a sacred law existed among the pagan Arabs; this was an innovation of Islam. The magical element left only faint traces, but Islamic law preserved the profane character of a considerable portion of penal law. It ... preserved the essential features of the law of personal status, family, and inheritance as it existed, no doubt with considerable variations of detail, both in the cities and among the bedouin of Arabia.
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[One] myth concerning Islamic Law is that there are no judges. Historically the Islamic Judge (Qazi) was a legal secretary appointed by the provincial governors. Each Islamic nation may differ slightly in how the judges are selected. Some nations will use a formal process of legal education and internship in a lower court. For example, in Saudi Arabia there are two levels of courts. The formal Shariah Courts which were established in 1928 hear traditional cases.
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Saudi Arabia's Islamic law or sharia is not written and, therefore, subject to a wide array of interpretations. Human Rights Watch points out that a judge in Jeddah threw out a lawyer simply because he was a member of the Ismaili faith, a branch of Shia Islam.
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Church should know, having scoured the market for lawyers to kick-start DLA's Islamic finance practice. In February, the firm announced it had scooped up Oliver Agha, a project finance lawyer with al-Jadaan, Clifford Chance's affiliate in Saudi Arabia, to launch its Islamic finance practice.
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