Penza state university medical institute

1.

Penza state university
medical institute
Islamic Law And Lebanon Legal System
By: Abbas Shoker
Group:20ll2a
Professor: Tatiana gaveilova

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Plan:
1. History of Islamic law development
2. Countries belonging to Islamic law
3. Structure of Islamic law(all legal sources used,scheme preferable)
4. Description of each legal sources, examples
5. Conclutions about key characteristics of islamic law
6. Legal system of lebanon

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History of Islamic law development
Arab society, before Islam, was based upon tribal loyalties, and these in turn
arose from blood kinship, adoption and affiliation. Violence, tribal wars, raids
and plunder were the norm. The family structure was weak and women were
treated as chattel.
Law, in classical Islamic theory, is the revealed will of God, a divinely ordained
system preceding, and not preceded by, the Muslim state controlling, but not
controlled by, Muslim society. The increasing number of nations that are largely
Muslim or have a Muslim head of state, emphasizes the growing political
importance of the Islamic world, and, as a result, the desirability of extending
and expanding the understanding and appreciation of their culture and belief
systems.

4.

Sharia in islamik law
the religious law of Islam?
Sharia, the fundamental religious concept of Islam —namely, its law. The
religious law of Islam is seen as the expression of God’s command
for Muslims and, in application, constitutes a system of duties that are
incumbent upon all Muslims by virtue of their religious belief.
Sharia, or sharia law, is the Islamic legal system derived from the religious
precepts of Islam, particularly the Quran and the Hadith. The term sharia
comes from the Arabic language term sharīʿah, Arabic: ‫ شريعة‬which means a
body of moral and religious law derived from religious prophecy, as opposed
to human legislation.

5.

Countries belonging to Islamic law
Rank
Countries That Follow Sharia Law
1
Afghanistan
2
Iran
3
Iraq
4
Maurtania
5
Pakistan
6
Saudi Arabia
7
Sudan
8
Yemen

6.

Structure of Islamic law(all legal sources
used,scheme preferable)
Islamic law has three sources: the Koran, the hadith and the law doctors.
1) THE KORAN
2) THE HADITH
3) THE LEGAL EXPERTS:

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THE KORAN:
Alleged revelation from God to angel Gabriel to the prophet Mohammed, to the people,
contemporary and subsequent.
Equivalent to the Torah (or Tanakh); it is the founding scriptures, the ultimate reference
document for Islamic law.

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THE HADITH:
Alleged eyewitness accounts of the sayings and doings of the prophet, supposedly written down by
his contemporary followers, for their successors. Some hadith were apparently transmitted orally.
Some have been judged authentic (sahih), others less so (hasan), still others forged (saqim).
Serves as second level of reference for Islamic law. Thus, technically equivalent to the Oral tradition
of Judaism (written in the Mishnah and Gemara), though less spread out in time and therefore more
likely to be a reliable report.

9.

THE LEGAL EXPERTS:
those who try to develop a precise jurisprudence, with reference to Koran and
hadith, resolving contradictions, making clarifications and inferences, filling in
blanks, extending laws to new situations.

10.

Conclutions about key characteristics of
islamic law
Praise be to Allah, lord of the universe, peace and blessings be upon the last prophets and messengers, and
upon his family and esteemed companions.
After a lot of researches concerning Islamic law, the scholars of Islam had found therein a number
of characteristics features including:
First, it based on divine sources because the Islamic law, its principles, its methods are derived from Glorious
Quran and Sunna of the prophet Muhammad( peace be upon hi).
Allah the almighty says about Holy Quran: « falsehood cannot come to it from before it or behind it: ( it is)
sent down by all wise, worthy of praise ( Allah ) » ( Fussilat 41: 42).
Allah the almighty says about sunna of prophet:« nor does he speak of his own desire, It is only a revelation
»
Second, it is comprehensive in terms of its ruling, methods, and ethics. therefore It covers all aspects of life.
Allah says: « And there is no creature on the earth or bird that flies with its wings except (that they are)
communities like you. We have not neglected in the Register a thing. Then unto their Lord they will be
gathered»

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Third, It is universal in a way that is not only limited to a specific human
race,certain places,or color.rather.it is guidance for all humanity.Allah
the almighty says: « and we have sent you (o Muhammad) except as
a mercy to the worlds »
Forth, It is moderate and balanced in terms of its view of man with its two
essential components, namely the spiritual and the physical aspects of his
nature.Allah the Almighty says:« But seek, through that which Allah has given
you, the home of hereafter; and yet do not forget your share of the world »
fifth, it is rational and realistic because it deals with tangible facts, not illusions
and superstitions.
sixth, it is easy and free of hardships ;« Allah the exalted says: Allah intends for
you ease and does not intend for you hardships»
finally, this is our wonderful religion which was named Islam, so do not think
that Islam is only a system of belief, but it is comprehensive way of life for all
human being.

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Legal system of lebanon
The legal system of Lebanon is based on a combination of Civil Law,
Islamic, and Ottoman legal principles, and the laws of the Lebanese
legislature. Article 20 of the Lebanese Constitution guarantees that the
judiciary is founded as an independent entity, subject only to the law.
Decree Law No. 7855 of 1961, which is known as the Judicial Organization
Law, governs the structure and function of the judiciary.
The legal system is governed by a series of specialized codes of law. These
include the Code of Obligations and Contracts of 1932, which is the
primary source for civil law; the Code of Civil Procedure, contained in
Decree Law No. 90 of 1983; the Code of Commerce of 1942; the Penal
Code, originally formulated in Decree Law No. 340 of 1943; and the Code
of Criminal Procedure.