The Islamic legal system

1.

The Islamic legal system
Name: Fatima mohammed
Group: 20LL1a

2.

Project plan
01
General characteristic of Islamic
legal system
03
The structure of Islamic law
02
History of the development of
Islamic law
04
The sources of Islamic law
05
The legal system of Sudan

3.

General characteristic
of Islamic legal system
Islamic law has a value of
adaptability and flexibility, but also
as a revelation that comes from God
Almighty, Islamic law also is rigid,
immortal, and cannot be
personalized way.
After a lot of researches concerning Islamic law, the scholars
of Islam had found therein a number of characteristics
features including:

4.

General characteristic
of Islamic legal system
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).
Second: it is comprehensive in terms of its ruling,
methods, and ethics. therefore It covers all aspects of life.
Third: It is universal in a way that is not only limited to a
specific human race,certain places,or color.rather.

5.

General characteristic
of Islamic legal system
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.
fifth: it is rational and realistic because it deals with
tangible facts, not illusions and superstitions.
sixth: it is easy and free of hardships .

6.

History of the
development of Islamic
law
Before Islam, the nomadic tribes inhabiting the Arabian
peninsula worshiped idols. These tribes frequently fought
with one another. Each tribe had its own customs
governing marriage, hospitality, and revenge. Crimes
against persons were answered with personal retribution
or were sometimes resolved by an arbitrator. Muhammad
introduced a new religion into this Arab world. Islam
affirmed only one true God. It demanded that believers
obey God’s will and laws.

7.

History of the
development of Islamic
law
The Koran sets down basic standards of human conduct,
but does not provide a detailed law code. Only a few
verses deal with legal matters. During his lifetime,
Muhammad helped clarify the law by interpreting
provisions in the Koran and acting as a judge in legal
cases. Thus, Islamic law, the Sharia, became an integral
part of the Muslim religion
Following Muhammad’s death in A.D. 632, companions
of Muhammad ruled Arabia for about 30 years. These
political-religious rulers, called caliphs , continued to
develop Islamic law with their own pronouncements and
decisions. Islamic law grew along with the expanding
Muslim Empire.

8.

The structure of Islamic law
Creed
(aqidah)
Law
(shariah)
worship
Character
(akhlaq)
Genral transaction
(Family law)
(Bodily harm)
(Commercial and civil law)
politics
Economic activities
Social activities

9.

The sources of Islamic law
PRIMARY
SOURCES
SECONDARY
SOURCES
AL-QURAN (the holy
book)
Ijmaa (the consensus
of opinion of islamic
scholars)
ALSUNNAH(the
practice of prophet
muhammad peace be
upon him)
Qias(analogical
deduction provided
detailed understanding
derived from al-quran
and al-sunnah

10.

The legal system of Sudan
The legal system of Sudan has evolved over time. The legacy of British colonial
rule has had a significant impact even after independence. Most of the lawyers
and judges were British trained and initially tended to rely on judicial precedent.
Soon after independence, however, pressure began to build to change the legal
system. By the time Jaafar Nimeiry seized power in 1969, a commission had been
working on recommendations for a new system, but he dissolved it and formed
another commission dominated by 12 Egyptian jurists. Based on
recommendations received from them, Sudan adopted a new civil code that
looked much like the Egyptian civil code of 1949.

11.

The legal system of Sudan
The new system was controversial because it disregarded existing laws and
customs and introduced many new legal terms and concepts from Egyptian law
without source material to interpret the codes. In 1973 the government repealed
these codes and returned the legal system to its pre-1970 common-law status. In
1977 Nimeiry agreed to consider a Muslim Brotherhood demand that the system
be based on Islam. He appointed al-Turabi as chairman of a committee to draft
new Islamic laws. Nimeiry accepted few of the proposals from this committee. He
then established a small, new group in 1983 that developed a “cut-and-paste”
version of sharia laws based on practice in other countries. In September 1983,
Nimeiry issued several decrees, known as the September Laws, which made sharia
the law of the land.