Editing Sharia (section)

=== Muslim-majority countries ===
The legal systems of most Muslim-majority countries can be classified as either secular or mixed. Sharia plays no role in secular legal systems. In mixed legal systems, Sharia rules are allowed to influence some national laws, which are codified and may be based on European or Indian models, and the central legislative role is played by politicians and modern jurists rather than the [[ulema]] (traditional Islamic scholars).

Saudi Arabia and some other Persian Gulf states possess what may be called classical Sharia systems, where national law is largely uncodified and formally equated with Sharia, with ulema playing a decisive role in its interpretation. Iran has adopted some features of classical Sharia systems, while also maintaining characteristics of mixed systems, like codified laws and a parliament.{{sfn|Otto|2008|pp=8–9}}

==== Constitutional law ====
Constitutions of many Muslim-majority countries refer to Sharia as a source or the main source of law, though these references are not in themselves indicative of how much the legal system is influenced by Sharia, and whether the influence has a traditionalist or modernist character.{{sfn|Vikør|2014}}{{sfn|Calder|2009}} The same constitutions usually also refer to universal principles such as democracy and human rights, leaving it up to legislators and the judiciary to work out how these norms are to be reconciled in practice.{{sfn|Otto|2008|pp=18–19}} Conversely, some countries (e.g., Algeria), whose constitution does not mention Sharia, possess Sharia-based family laws.{{sfn|Calder|2009}} Nisrine Abiad identifies Bahrain, Iran, Pakistan, and Saudi Arabia as states with "strong constitutional consequences of Sharia "on the organization and functioning of power".{{sfn|Abiad|2008|pp=38–42}}

==== Family law ====
Except for secular systems, Muslim-majority countries possess Sharia-based laws dealing with family matters (marriage, inheritance, etc.). These laws generally reflect influence of various modern-era reforms and tend to be characterized by ambiguity, with traditional and modernist interpretations often manifesting themselves in the same country, both in legislation and court decisions.{{sfn|Otto|2008|p=19}} In some countries (e.g., parts of Nigeria), people can choose whether to pursue a case in a Sharia or secular court.{{sfn|Otto|2008|p=19}}<ref>{{cite news|title=Greece Scraps Compulsory Shariah for Muslim Minority|author=Niki Kitsantonis|newspaper=The New York Times|date=10 January 2018|url=https://www.nytimes.com/2018/01/10/world/europe/greece-shariah-law.html|access-date=16 April 2019|archive-url=https://web.archive.org/web/20190416212547/https://www.nytimes.com/2018/01/10/world/europe/greece-shariah-law.html|archive-date=16 April 2019|url-status=live}}</ref>

==== Criminal law ====
{{Multiple image
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| image1            = Adam Ismaeel 1986.jpg
| image2            = Ibrahim Osman 1986.jpg
| footer            = Cross amputation survivors, Adam Ismaeel (left) and Ibrahim Osman (right), of the [[September 1983 Laws]] in Sudan, pictured in 1986; According to the understanding, these people must have declared war against Allah and the Prophet.}}
Countries in the Muslim world generally have criminal codes influenced by [[Civil law (legal system)|civil law]] or [[common law]], and in some cases a combination of Western legal traditions. Saudi Arabia has never adopted a criminal code and Saudi judges still follow traditional Hanbali jurisprudence. In the course of Islamization campaigns, several countries (Libya, Pakistan, Iran, Sudan, Mauritania, and Yemen) inserted Islamic criminal laws into their penal codes, which were otherwise based on Western models. In some countries only ''hudud'' penalties were added, while others also enacted provisions for ''[[qisas]]'' (law of retaliation) and ''[[Diya (Islam)|diya]]'' (monetary compensation). Iran subsequently issued a new "Islamic Penal Code". The criminal codes of [[Afghanistan]] and [[United Arab Emirates]] contain a general provision that certain crimes are to be punished according to Islamic law, without specifying the penalties. Some Nigerian states have also enacted Islamic criminal laws. [[Islamic criminal law in Aceh|Laws in the Indonesian province of Aceh]] provide for application of discretionary (''[[ta'zir]]'') punishments for violation of Islamic norms, but explicitly exclude ''hudud'' and ''qisas''.{{sfn|Tellenbach|2015|pp=249–50}} [[Brunei]] has been implementing a "Sharia Penal Code", which includes provisions for stoning and amputation, in stages since 2014.<ref>{{cite news|newspaper=New York Times|author=Austin Ramzy|title=Brunei to Punish Adultery and Gay Sex With Death by Stoning|date=28 March 2019|url=https://www.nytimes.com/2019/03/28/world/asia/brunei-adultery-gay-stoning.html|access-date=28 March 2019|archive-date=25 February 2021|archive-url=https://web.archive.org/web/20210225124704/https://www.nytimes.com/2019/03/28/world/asia/brunei-stoning-death.html|url-status=live}}</ref><ref>{{cite news|title=Brunei Shariah law applies death sentence for homosexuality|newspaper=Deutsche Welle|date=27 March 2019|url=https://www.dw.com/en/brunei-shariah-law-applies-death-sentence-for-homosexuality/a-48076114|access-date=27 March 2019|archive-url=https://web.archive.org/web/20190331093514/https://www.dw.com/en/brunei-shariah-law-applies-death-sentence-for-homosexuality/a-48076114|archive-date=31 March 2019|url-status=live}}</ref> The countries where ''hudud'' penalties are legal do not use stoning and amputation routinely, and generally apply other punishments instead.{{sfn|Vikør|2014}}{{sfn|Otto|2008|p=20}}{{sfn|Brown|2017}}

==== Property law ====
Sharia recognizes the concept of ''haqq''.<ref>{{Cite book|last1=Birnhack|first1=Michael|last2=Khoury |first2=Amir|editor1-first=Rochelle|editor1-last=Dreyfuss|editor2-first=Justine|editor2-last=Pila |date=10 May 2017|chapter=The Emergence and Development of Intellectual Property Law in the Middle East |title=The Oxford Handbook of Intellectual Property Law|series=Oxford Handbooks|publisher=Oxford Academic |edition=online |doi=10.1093/oxfordhb/9780198758457.013.19}}</ref> ''Haqq'' refers to personal rights of the individual and the right to generate and accumulate wealth. The various ways in which property can be acquired under Sharia are purchase, inheritance, bequest, physical or mental effort, ''diya'' and donations.<ref name="autogenerated139">{{Cite journal|date=March 1951|title=Outlines of Muhammadan Law. By Asaf A. A. Fyzee. [India: Oxford University Press. 1949. xvi and 443 pp. 25s.]|journal=The Cambridge Law Journal |volume=11|issue=1|pages=139–140|doi=10.1017/s0008197300015518|issn=0008-1973}}</ref> Certain concepts relating to property under Sharia are ''Mulk'', ''Waqf'', ''Mawat'' and ''Motasarruf''.<ref name="autogenerated139" />