Currently, the world is dominated by three main religions: Christianity, Buddhism and Islam. Supporters of the latter are over 800 million people. Islam is younger than the rest of the faiths and it originated in the 7th century AD in the Arab Caliphate. And simultaneously with its emergence, Muslim law is being formed. This legal system is fundamentally different from those systems that exist in Western countries. And she had a strong influence on the development of state and law in a number of countries of the East.
And Muslim law arose in those days when feudal states began to form in the western part of the Arabian Peninsula . But as a legal system, this right was not formed immediately. At the initial stage, when Islam and the Muslim community were only developing and the process of creating a class society, and the state itself was not yet completed, the legal and other rules of conduct in them were practically the same. And Muslim dogma, jurisprudence and theology during this period were so closely intertwined that they were not yet independent ideologies. And only in the middle of the 10th century, jurisprudence was separated from theology, and Muslim-legal schools were formed. And by the end of this century, the process of forming a Muslim feudal state was basically completed. Then, Muslim law became a system of legal norms of behavior.
This right is inherently religious. And the main sources of Islamic law are the Quran and the Sunnah. The Qur'an contains the statements of the prophet Muhammad, and the Sunnah describes the traditions of his decisions and actions. But in the Quran, which is the first and main source of this right, there are only certain provisions that are legal in nature. And they are not enough to systematize all legal norms. Therefore, no Muslim lawyer perceives the Qur'an as a book of Islamic law. Moreover, there are no references to many legal institutions that have had a huge impact on the formation and development of this law.
And therefore, any Muslim judge who administers justice does not address the Koran, which he should not interpret, but books on Islamic law. These books were written in different years by various reputable lawyers and theological scholars. And they contain interpretations of Muslim laws. And the Quran itself is the main book of Muslims and fundamental theological work.
Criminal liability in the Islamic world is also based on religious principles. And Muslim criminal law is fundamental in many Islamic states. These are countries such as Iran, Libya, Iraq, Pakistan, the United Arab Emirates, Saudi Arabia and others. And in some Arab states, where Islam also rules, criminal law was formed under the influence of European legislation, and it contains only certain elements of this law. These states include Syria, Morocco, Jordan and Lebanon.
And the source of this criminal law is the doctrine of Islamic law, which is based on the interpretation of the norms of the Sunnah and the Koran. This is due to the fact that these books contain only certain provisions of a criminal law nature. Ijma, the opinion of the authorities of Islam, also decides a lot in criminal matters. And some of these issues are solved by kiyas - a judgment by analogy. But there are times when it is impossible to find an exact solution on some issue in the main sources of Muslim criminal law. And then the decision is made on the basis of Ijtihad - the free discretion of a judge or other Islamic authority.
Religious dogmas also determine the category of crime and its severity. There are five core values in Islam. This is life, religion, procreation, reason and property. And the crimes that encroach on these values are considered the most serious, and Islamic law punishes them in all seriousness. For example, crimes that are associated with a violation of the values of Islam are classified as hadd. And apostasy here is equated with treason and punishable by death. The same goes for a crime like riot. Rebels also face capital punishment. Another category of Hadd is the use of alcohol. In Islam, this is considered a crime against reason and is punishable by corporal punishment. And for adultery, each side can receive 100 hits with a stick. A thief in an Islamic country can be left without a hand, and a robber will lose his head. These are Muslim laws.