Kindly explain in a nutshell “What is Sharia Law” and its unique principles which are different in regard to Construction Law under the Common and Civil Law legal systems.
Sharia Law, based on Islamic teachings and jurisprudence, incorporates unique principles that may not be present in the Common Law and Civil Law systems.
These principles stem from Islamic religious beliefs and are grounded in order of hierarchy :-
1. the Quran,
2. the Hadith (sayings and actions of Prophet Muhammad), and
3. the Sunnahs (consensus of Islamic scholars (Ijma) and analogical reasoning (Qiyas).
Some of the unique principles in Sharia Construction Law that is not found under Common and Civil Law legal systems include:
1. Sources of Law: Sharia Law derives its principles from Islamic religious texts, making the Quran the primary source of law. The Hadith, which contains the sayings and actions of Prophet Muhammad, also plays a significant role in shaping legal rulings and interpretations. And the Sunnahs
2. Divine Law: In Sharia Law, the principles and rules are considered divine commands and obligations that Muslims must follow in their personal and public lives.
3. The Primacy of God’s Will: Sharia Law emphasizes the idea that all law comes from God and should reflect His divine will. Legal decisions aim to align human behavior with God’s intentions for humanity.
4. Prohibition of Riba (Interest): Sharia Law strictly prohibits charging or paying interest on loans, as it is considered exploitative and against Islamic principles.
5. Prohibition of Haram (Forbidden) Acts: Sharia Law prohibits certain actions and behaviors, known as haram, which include alcohol consumption, gambling, adultery, and dishonesty, among others.
6. Qisas and Diya (Retribution and Blood Money): Sharia Law provides for the principles of qisas (retaliation) and diya (blood money) in cases of intentional harm or manslaughter.
7. Judicial Discretion and Ijtihad: Sharia Law allows for the use of judicial discretion (istihsan) and the exercise of independent legal reasoning (ijtihad) by qualified Islamic scholars and judges to address new and complex legal issues.
It is essential to recognize that the application and interpretation of Sharia Law can vary between different jurisdictions and schools of thought within Islam. Islamic legal scholars and jurists play a vital role in interpreting and applying these principles, and their interpretations may differ based on cultural, historical, and regional contexts.
Read my other posts on Construction Law under the Sharia :- Click on the links below.
Construction Law under the Islamic/Sharia Law Legal System in Saudi Arabia. | Medium
Construction Law in Saudi Arabia | Medium
A Handbook Guide to Sharia Law Principles, Concepts & Maxims used in Saudi Arabian Const. Disputes. | by Steven Chin ( The Contract Claims Guru ). | Medium
“Sources of Construction Law” — It’s impact on Claims and Disputes. | by Steven Chin ( The Contract Claims Guru ). | Medium
Is Navigating the Sharia Law Legal System on Construction Claims & Disputes in Saudi Arabia a… | by Steven Chin ( The Contract Claims Guru ). | Medium
Recommended Books on Middle East Construction Law | by Steven Chin ( The Contract Claims Guru ). | Medium
Is “Time At Large” applicable in UAE ? | by Steven Chin ( The Contract Claims Guru ). | Medium
Connect the Dots between the various posts and understand Construction Law under the Sharia.
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Steven Chin — Mediumlhchin.medium.com • 1 min read