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Islamic Law
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Islamic Law is a sacred law in the sense that it is based on knowledge attainable only through revelation. Human reason cannot of itself either differentiate between good and bad standards of behaviour or determine human values. What is good or bad is so, not because human judgement so decides, but because God has so decided. It is not for society to create and shape the law: 'In the Islamic concept, law precedes and moulds society; to its eternally valid dictates the structure of State and society must, ideally, conform'. The Shari'a, then, is the symbol of God's supremacy and sovereignty, and by acceptance of the Shari'a man surrenders to God's will. To live in conformity with the will of God is the road to salvation.
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Islamic Law is a comprehensive system covering the human being’s relationship with his Creator, with his fellow human beings, and with his society and nation. It ... deals with the relationship between nations in both war and peace. Most jurists divide the study of Islamic Law into two broad categories: Devotional Law and Transaction Law.
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Islamic Law has an additional category of crimes that common law nations do not have. A Qesas crime is one of retaliation. If you commit a Qesas crime, the victim has a right to seek retribution and retaliation. The exact punishment for each Qesas crime is set forth in the Qur’an. If you are killed, then your family has a right to seek Qesas punishment from the murderer. Punishment can come in several forms and ... may include "Diya."
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Scholars of Islamic Law do not take the distinction between these different branches of law very far – in contrast to scholars of secular law – because, in their view, such distinctions do not yield any real benefit. In Islamic Law, there are no procedural differences for establishing different kinds of legal rights. There is practically one judicial procedure for all. The judge passes judgment in every case brought before the court, without any distinction being made between property matters – for instance – and anything else.
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Contemporary treatment of Islamic Law and "Radical Muslims" is filled with stereotypical characterizations. Some in the Western media have used the "New York City bombings" as a way to increase hate and prejudice. They have taken the views of a few radicals and projected them onto all Muslims. This action has done a great disservice to the Muslim world. Some academic writings ... have been distorted and not always completely accurate and some researchers have concluded that Islamic Law requires a fixed punishment for all crimes. These writers also have concluded that Islamic judges lack discretion in their sentences of defendants in the Shar'iah Court System.
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Islamic Law is not limited to regulating the interrelationships between individuals in society. It, first and foremost, regulates the relationship between the individual and the Creator by legislating different forms of worship like prayer, fasting, zakh, and Hajj.
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Islamic Law