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Islamic Law: Western Law
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This guide has as principal aim discussion of the availability on-line of authoritative sources on Islamic law in Western languages. It ... lists some essential written materials. The guide is particularly directed at the relationship between religious and civil law, as to which readers may also wish to consult standard conflict of laws texts including EHRENZWEIG, SCOLES & HAY, DICEY & MORRIS, CASTEL and BATIFFOL & LAGARDE. In addition, it sets out some warnings about traps for the unwary. Many on-line sources carry political baggage and claim theological certainty, justifying their conclusions on the divine source and unique authority of Sharia. The researcher may or may not share that view.
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The Islamic Shari'ah differs fundamentally from Western Law in at least in three respects. First it is based on Revelation, whereas Roman Law is the Lawyers' Law. Second, being of Divine origin, it is virtually immutable, and finally it is wider in scope than the Roman Law, for it includes even international relationships of which the Arabs were the pioneers.
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From the rubric of this essay, it seems to suggest that Islamic law is all about 'lashing, stoning and mutilating'. This is the picture of the Shari'ah that the West wants to portray, but it is far from the truth. Even the term Islamic law, judged by Western standards, could be a misnomer; "The Shari'ah is not merely a system of law, but a comprehensive code of behaviour that embraces both private and public activities"13 and "it has a wider application than any secular system of law since it claims to regulate all aspects of a man's life - his duties to God, to his neighbour and to himself".14
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Hadd crimes are the most serious under Islamic Law, and Tazir [C]rimes are the least serious. Some Western writers use the felony analogy for Hadd crimes and misdemeanor label for Tazir crimes. The analogy is partially accurate, but not entirely true. Common Law has no comparable form of Qesas crimes.
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