Sharia

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The Sharia ( Arabic شريعة Schariʿa , DMG šarīʿa in the sense of “way to the drinking place, way to the water source, clear, paved way”; also: "(religious) law", "rite"), derived from the verbشرع scharaʿa , DMG šaraʿa 'show the way, prescribe', describes “the entirety of all religious and legal norms, mechanisms for norm-finding and interpretative rules of Islam ”.

A single god ( Allah ) is considered to be the supreme lawgiver Shari '  /شارع / šāriʿ . His law is part of the divine revelation in the Koran. The Sharia is not a codified legal system, but “a set of rules that is constantly changing”. Sharia can therefore only be understood if one looks at the “doctrine of sources of law and legal finding” ( uṣūl al-fiqh ) instead of “individual regulations in terms of content”.

  • Countries with a Muslim majority or members of the OIC where Sharia does not play a role in the legal system.
  • Countries with a secular legal system in which Sharia law applies to private law (e.g. marriage , divorce , inheritance law, custody).
  • Countries with full Sharia law.
  • Countries with regionally different application of Sharia law.

    • etymology

    The Germanized word “Sharia” is traced back to the Arabic root š - r - ʿ , or according to the theory of biradicality, to an etymon š - r . A large number of Arabic-speaking followers of religions in the Middle East equate this term with the rules of a prophetic religion . This resulted in terms such as Sharīʿat Mūsā or Sharīʿat al-Mūsā (the law / the religion of Moses ), Sharīʿat Madschūs (the Zoroastrian teaching) or generally for monotheists as a designation for their religious regulations (Sharīʿatunā) . In Islam , Sharia describes the "rules and regulations that determine the life of Muslims " and comes from the Koran and Sunna .

    Koran

    As far as Islam is concerned, the term Sharia has its origins in the Koran. However, it is only mentioned in one place: Sura 45 , verse 18, where it originally describes the path in the desert that leads to the source of water. From this, Muslims derive a divine origin of Sharia law.

    “We gave the children of Israel scripture, judgment and prophecy (at that time), brought them (all sorts of) good things, honored them in front of the people in all the world [...] Then (ie after the age of the children of Israel) we have you in the matter (?) set to a (own) rite [ṯumma ǧaʿalnāka ʿalā šarīʿatin]. Now follow him and not the (personal) inclinations of those who do not know! "

    - Sura 45, verses 16 and 18

    The verb form šaraʿa occurs in two places in the Koran text:

    “And ask them (ie the children of Israel or the Jews) about the city that was by the sea (or: river) (as it was then) as they (ie the inhabitants of the city) (our commandment) regarding the Sabbath trespassed! (Back then) when their fish came up to them (?) On the day they had the Sabbath [ḥītānuhum yauma sabtihim šurra dannan], but when they did not keep the Sabbath they never came (at all). So we tested (w. Test) them (in retaliation) for having violated. "

    - Sura 7 , verse 163

    Such as

    “He has ordained you as a religion [šaraʿa lakum], what he (at that time) commanded Noah, and what we (now) gave you (as revelation), and what we (before you) commanded Abraham, Moses and Jesus (with the request) Keep the (regulations of) religion and do not divide yourselves in them (ie in religion) (into different groups)! The heathen (i.e. those who associate other gods with one god) find it difficult (however) what you call them to. (But) God chooses for whom he wills, and leads to (on the right path) those who turn to (him repentant). "

    - Sura 42 , verse 13

    The words širʿ a (sura 5, verse 48) and šurraʿ (sura 7, verse 163) appearing in the Koran are also related .

    Hadeeth

    In Ahmad ibn Hanbals Musnad the noun Sharia occurs in the singular at one point. There it says that “the community should remain on the Sharia (way / path)”. In the plural, Sharia comes in connection with Islam ( šarāʾiʿ al-islām ) and Īmān ( šarāʾiʿ al-īmān ) as well as in the enumeration "Faith comes from the duties, Sharia, Hudūd and Sunna" ( inna li-l-īmān farāʾiḍ wa-šarāʾiʿ wa-ḥudūd wa-sunan ). As a verb, sharaʿa appears at one point: “God laid down a system of rules for his prophets” ( šaraʿa li-nabi-hi sunan al-hudā ).

    definition

    Sharia is a term used by other monotheistic religions in the Middle East besides Islam. Here are some examples:

    Christian tradition

    The Jacobite ʿĪsā ibn Ishāq ibn Zurʿa used the word Sharia in a polemical work against Jews as a system of laws that prophets bring to people. He gives the Christian religion and the law of the Messiah with Sharīʿat al-Masīh and Sunnat al-Masīh.

    Jewish tradition

    To translate the Hebrew word Torah , the Arabic-speaking Jew Saʿadia Gaon used “Sharia” in the sense of law, for example in Ex 13.9  EU : ( šarīʿat allāh for 'the law of God') and in Dtn 4.44  EU : ( hāḏihi š -šarīʿat ..: "This is the law of the burnt offering" ). In Gaons Tafsīr from the 10th century, Sharia always describes a rule or a system of rules. This is remarkable because the term Sharia is used, although the Arabic word for Torah ( at-taurāt ) also appears in some places .

    In his theological work Kitāb al-amānāt wa-l-iʿtiqādāt (English: Book of Honesties and Religions) the term Sharia describes individual rights and law as a system revealed by God. Gaon also distinguishes between rational and revealed laws. The verb sharaʿa with God as subject also denotes “to lay down a law” at one point.

    Islamic tradition

    “The Sharia is based on the Koran and on the tradition of the norm-setting speeches and actions of Mohammed, which emerged from the middle of the 7th century,” which manifests itself in the Sunna . The Sharia is not a codified collection of laws (such as German legal texts in the Civil Code or in the Criminal Code ), but a “method and methodology of the creation of law”.

    Actions by Muslim believers differ in the five assessments

    • farḍ ("duty") or wādschib ("mandatory"),
    • mandūb ("recommended"), also mustahabb ("desired") or sunna ,
    • mubāh or halāl ("permitted"),
    • makrūh ("frowned upon"),
    • mahzūr or harām ("forbidden"). A secular sanction is not always given, for many actions Muslims have to answer before God in the hereafter. Since the average believer is not familiar with all matters, he has the opportunity to ask Islamic legal scholars for a legal opinion (Arabic: fatwa ).

    In the process of establishing norms in Islam, a distinction is made between cultic and ritual regulations (العبادات / al-ʿibādāt  / 'acts of worship') of people on the one hand and their relationships with others ( al-muʿāmalāt  /المعاملات / 'Mutual relations') on the other hand. A “family law”, “inheritance law”, “criminal law” - or others - defined in the European sense is not known to the Islamic legal system. Its representation is reserved for the schools of law in their Fiqh books, with some of them clearly controversial legal conceptions.

    A Muslim should accept these contradictions. Searching for the meaning and inner logic of divine laws is only permitted if God himself shows the way to it. Thus the religious valuation of all living conditions is the basic tendency of the Sharia.

    With regard to the ethical-religious area, according to Abū l-Hasan al-Ashʿarī, the Sharia is to be understood as "[...] the totality of the precepts of Allah relating to the actions of man". In this context, it is to be understood ethically and religiously as an aspect of the divine order that affects the moral behavior of people.

    Sharia and Fiqh

    Under the “roots of the finding of law” ( uṣūl al- fiqh ) one understands the legal science in Islam, the subject of which is the Sharia. It corresponds to the iuris prudentia ( jurisprudence ) of the Romans and extends to all relationships of religious, civil and political life in Islam. The religious laws are set forth and discussed in the books of fiqh. Ibn Chaldun explains:

    “The fiqh is the knowledge of the provisions ( aḥkām ) of God the Blessed to classify the actions of those who are subject to these provisions ( al-mukallafīn ) as required, forbidden, recommended, disapproved and simply permitted, those from the Koran, the Sunnah and what the lawgiver (God) has provided as further sources and instruments ( adilla ) for their knowledge, and when the provisions are found out through these sources and instruments of interpretation, they are called fiqh . "

    Fiqh is not a rigid legal system that has invariably survived all times and is valid in all places. Islamic scholars, Arabists and ethnologists (e.g. Gudrun Krämer , Thomas Bauer , Ingrid Thurner) emphasize time and again that pluralism of opinion is by no means in conflict with Sharia.

    Sources of Islamic Law

    Sharia is derived from a variety of sources. The Koran and Hadith are recognized as sources by all Islamic currents; there is no consensus on the remaining sources.

    Koran

    The Koran is the most important source of Islamic law. However, it only contains a few legal norms and individual instructions that can only be used as the basis for general, comprehensive legislation. According to Rohe, around 500 verses have a legal reference. Most of them deal with religious ritual regulations ( ʿibābāt ) and only a few dozen deal with questions of criminal and civil law. The last category can be broken down into inheritance, matrimonial and family law as well as some criminal provisions and the alms tax .

    Since many of these passages in the Qur'an are ambiguous, exegetes have divided the verses into those that do not require any interpretation ( muḥkam ) and those whose meaning cannot be deduced from the outset. A genre of its own developed that deals with the interpretation of the Koran: Tafsīr . In Twelve Shiite circles it is even assumed that after the rapture of the last Imam Muhammad al-Mahdi , people could no longer grasp the exact meaning of the Koran. After all, only the twelve imams could understand the true meaning of the Quran and its normative character.

    Sunnah

    The second important source of Islamic law for Sunnis is the Sunna of Muhammad. While Islamic law developed, the traditions about the comrades of the prophets were and still are valid for Sunnis as part of the Sunnah. For the most part, Sunni Islam today only recognizes those traditions of Muhammad that he carried out in his function as a prophet and not as a person. There are several sayings of Muhammad himself, with which this selective use is justified. For example, it says in a hadeeth: “You know more about your worldly affairs than I do.” Muslims, however, criticize other Muslims for finding this separation difficult for some.

    Shiites, on the other hand, acknowledge, in addition to the traditions of Muhammad, those of the twelve imams.

    Idschmāʿ

    Consensus ( Idschmāʿ ) constitutes the first source of Islamic law that is man-made. This means the “consensus of all relevant scholars in accordance with the Koran and Sunna”.

    Qiyās

    The inference by analogy is also a source of Sharia law.

    Istihsān

    “Thinking is better” is a popular instrument , especially in the Hanafi school of law. Other schools of law reject istihsān with reference to arbitrariness, but in some cases see it as permissible. Hanafis often use it to circumvent other sources of law, especially the qiyās.

    Istislāh

    The general benefit, also al-masālih al-mursala , found its way into the Hanbalites , the Malikites and the Shafiites . Istislāh is an instrument that allows the legal scholar to state the general benefit as the reason for his decision when making a decision.

    Madhhab as-Sahābī

    “The views of the (individual) fellow prophets” can in some cases also be part of the Sharia and be used as a source for a decision.

    ʿUrf

    The common law , even'āda is recognized provided it does not contradict rules within the Sharia. Due to the integration of local customs into Islamic law, examples can still be found today, especially on the fringes of the Islamic world, that have little in common with the customs of Sharia users. This also facilitated the spread of Islam.

    Sadd ad-Darāʾiʿ

    Everything that can lead to the forbidden is also forbidden by “blocking the means”. Hanbalites and Malikites primarily include intention ( nīya ) in their assessment , while Hanafis and Shafiites only block the means if a ban is to be avoided with high probability.

    Istishāb

    The maintenance, including norms of those before us ( šarʿ man qablanā ), denotes the continuation of legal relationships once established. This is the only way, for example, that acquired property can be safe.

    Sharia and its validity

    The Islamic scholars Otto Spies and Erich Pritsch see the validity of the Sharia as a fundamental difference to European law:

    “In principle, people's rights and claims appear only as reflexes of religious duties. Therefore, the freedom of the individual is far more restricted in scheriat law than in western law. While everything is allowed here that is not forbidden by law, Islam forbids everything that is not legally allowed. He therefore does not know the principle of freedom of contract which dominates our law today ; only the conclusion of contracts that are permitted under scheriat law is permitted. "

    Rohe contradicts this view to a large extent:

    "[...] two important common principles. First: Everything that is not forbidden is allowed […]. Second: Without a special order there is no obligation […]. This should be emphasized because a widespread view, characterized by inaccurate pre-understanding, falsely asserts the opposite. "

    Rohe cites the jurist of the early Abbasid period ʿĪsā ibn ʿAbān as an example of a view taken by Spies and Pritsch. However, Rohe emphasizes that this view is not widespread.

    Forms of Islamic law

    Non-muslims

    In addition to the rights of Muslims, Sharia also includes non-Muslims who live on Islamic territory. Although these were protected to a certain extent, Muslims were not treated equally. In many cases, discrimination against non-Muslims was institutionalized by the state. They were not allowed to hold high office in the state or do military service. In the meantime, however, such regulations have been relaxed again and again. During such times, non-Muslims often rose to high office.

    Maintenance law

    According to Rohe, Islamic maintenance law reflects the living conditions of large patriarchal families. That is why men are traditionally responsible for maintenance. If the man cannot fulfill this duty for material reasons, the woman is responsible for looking after her children. The next instance would be the grandparents - except for the Malikites. If a man fails to perform his duties during the marriage, the woman is allowed to file for divorce. In most cases, she is allowed to do so even if a third party pays for the maintenance. This is not infrequently a problem, especially for men from the poorer classes.

    Sons are entitled to maintenance until they are of legal age, daughters until they marry and after the death of their husband. Parents, grandparents and grandchildren also have the right to claim maintenance if they cannot stand economically on their own two feet. However, only a rich man has to provide for distant relatives. There is no consensus on the level of payments. According to the Fatāwā ʿĀlamgīrīya , however, the amount should be based on the possible share of inheritance. The competition between children and parents of the person liable for maintenance is also the subject of many debates.

    In the event of a divorce, the amount of remuneration for the woman always varied. Most of the time, however, she was awarded at least the bridal allowance ( mahr ). If the divorce came from her, the costs for the man were normally not applicable. There are examples in history that show that women were also forced to divorce.

    More recent developments still partly reflect patriarchal ideas. In Egypt, for example, the son is entitled to maintenance until he reaches the age of majority, while the daughter is entitled to maintenance until he is married or begins work. However, she is neither obliged to marry nor to work. In Morocco , Tunisia , Libya and the UAE, however, a wealthy wife must also contribute to the maintenance.

    For example, in Tunisia, if a man divorces his wife, according to the standard of living during the marriage, he must continue to care for his wife until she remarries. In Egypt the woman is entitled to maintenance payments for two years, in Algeria the man who has arbitrarily divorced his wife can be sentenced to payments. This also applies to him should the woman legitimately divorce him. In Iran, in the event of a divorce, the man has to provide the remaining bride money, "maintenance and adequate equipment". If the woman refuses to accept this and has not violated her marital obligations, then she is also entitled to financial compensation for household services during the marriage.

    Sharia in the present

    Sharia is applied differently, depending on the country or region its form differs. Here are some examples.

    Islamic states

    Demonstration for the introduction of Sharia law in the Maldives in 2014 with the black banner

    The Sharia is currently the legal basis in some northern states of Nigeria , the Maldives , Iran , Senegal , Saudi Arabia (Article 23 according to the constitution), Bangladesh , Mauritania , Afghanistan , Sudan , Gambia , Qatar , Kuwait , Bahrain , and Libya , the Indonesian autonomous province of Aceh , Yemen  - there along with the application of tribal laws - and in parts of Pakistan . In Somalia , after years of civil war, the militia Union of Islamic Courts gained power in the capital Mogadishu in June 2006 , a group that defines itself by the goal of introducing a legal system based on Sharia law (for example, a ban on watching the 2006 World Cup on television follow). This group was overthrown again in late 2006.

    In 2010 revolutions (collectively called the Arab Spring ) began in many Arab and North African countries . In the course of these revolutions there were elections and constitutional referenda in these countries. In many countries the role of Islam in society and the legal system has been or is being discussed.

    Implementation is widespread in civil law, for example in Algeria , Indonesia and Egypt (for developments in Egypt from the 1950s, see also Sayyid Qutb ).

    In some states the Sharia applies completely, for example in Saudi Arabia and Mauritania . Sometimes the Sharia only applies in Islamically dominated parts of the country ( Nigeria or Aceh ( Indonesia ), see also Sharia conflict in Nigeria ).

    For example, in countries such as Somalia and Sudan , where hadd sentences are carried out, the pregnancy of an unmarried woman or a wife whose husband is absent is also taken as evidence of fornication. In some countries, women who have been raped are punished for such “evidence”.

    Since the mid-1970s, the importance of Sharia has been increasing in all Islamic countries. Politically influential voices calling for a return to Islamic Sharia law are also increasing in secular Turkey. In the course of the revolution in Egypt there was a constitutional referendum in March 2011 .

    In contrast, however, more and more alternative interpretations of the Sharia are being heard in the Islamic world. These intellectuals call for the historical context to be taken into account when interpreting the Koran. Examples are Fazlur Rahman in Pakistan, Muhammad Shahrur in Syria, Abdulkarim Sorusch in Iran, Muhammad Abed al-Jabri in Algeria, Hassan Hanafi in Egypt and, last but not least, many theologians in Turkey.

    The practical implementation of Islamic law is very different in the Islamic countries. In some states there is a theocratic identity of official law and Sharia, in others the Sharia has been abolished, in some - in the sense of legal pluralism - it is only valid for part of the population.

    Turkey

    In Turkey , the Sharia was abolished with the constitution of April 20, 1924 under Mustafa Kemal Ataturk .

    Tunisia

    In Tunisia it was abolished with the constitution of June 1, 1959. Only Article 38 of the Tunisian constitution stipulates that the president must be a Muslim.

    Malaysia

    In Malaysia there is a dual legal system in which Islamic courts of law operate in parallel with civil state institutions. For example, three of the country's 13 states allow whipping under the rules of Sharia law, although this is prohibited nationwide under criminal criminal law.

    Cairo Declaration of Human Rights in Islam

    In 1990, at the 19th Conference of Foreign Ministers of the Organization of the Islamic Conference (OIC), the Cairo Declaration of Human Rights in Islam was adopted . Currently 57 Islamic member states in the field of human rights should apply. In the concluding Articles 24 and 25, the religiously legitimized Islamic legislation, the Sharia, is established as the sole basis for interpreting this declaration.

    Representatives of Islam see the declaration as the Islamic counterpart to the UN's Universal Declaration of Human Rights , from which it deviates considerably, however, as it declares Sharia law to be the basis of human rights.

    Sharia and western states

    In western industrialized countries as well as in other non-Islamic countries of the world, the Sharia - mediated through the respective international private law of the country - can develop legal effects. However, in Germany, for example, its validity is limited in public policy : standards that are incompatible with basic legal ideas are not applied.

    The basis for ritual regulations is the Fiqh al-aqallīyāt (the "jurisprudence of the minorities"), which aims to make things easier for Muslims living in the West.

    Germany

    In Germany in 2007, a judge at the Frankfurt am Main district court refused a woman to be divorced from her violent Moroccan husband before the end of the year of separation ; the woman had to reckon with this at the time of marriage: "The exercise of the right to chastise does not constitute unreasonable hardship according to § 1565 BGB ". The defense attorney then rejected the judge as biased. Nevertheless, there are decisions by German courts that make explicit reference to Sharia law.

    Great Britain

    In the UK , Sharia law is not applied by the state courts. For certain cases there are religious arbitration tribunals to which the parties can appeal on a voluntary basis. The Sharia will apply, provided it does not violate common law. In February 2008, the head of the Anglican Church, Archbishop of Canterbury Rowan Williams , told the BBC that it was "inevitable" for elements of Sharia law to be recognized in British common law. A “constructive adaptation” of Sharia elements could, for example, save Muslim women from western divorce rules. It is not about transferring the “inhumanities” of legal practice in some Islamic countries to the West. Williams' statements met with outrage in Great Britain and within the Anglican Church, among other things, it was pointed out that there should not be different legal systems for different population groups within Great Britain.

    Former Anglican Bishop of Rochester Michael Nazir-Ali , who fled to Great Britain himself because of death threats from Pakistani Muslims, takes the opposite view . The divorce judgments given by the British civil courts are not valid from the perspective of Islamic jurisprudence. Ahmad al-Dubayan, chairman of the Council for sharia courts in Britain ( Islamic Sharia Council ) said in 2016 that the situation with the ever-spreading sharia is a big problem. He does not know how many of these dishes are in the UK in the meantime. The House of Commons Home Committee began an investigation into the expansion of Islamic law. Immediately after it became known, Muslim associations criticized this practice as an interference in religious freedom.

    Greece

    In Greece , Sharia applies to the Muslim minority ( Pomaks and Turks in Western Thrace ) in matters relating to personal status and family law, provided that the members of the minority wish to have their affairs regulated according to Sharia instead of Greek law. This goes back to the Treaty of Sèvres .

    Canada

    The Canadian Arbitration Act (1991) allowed Christians, Jews, and Muslims in the Province of Ontario to hear domestic disputes (such as divorce, guardianship, and inheritance suits) in religious arbitration if all parties agreed. The judgments from these arbitration tribunals were final, unless they contradicted applicable Canadian law. In this way, Sharia law in Ontario was used in special cases by Muslim courts. In September 2005 the Arbitration Act was changed (also because of international protests by women's rights organizations ) in such a way that decisions based on religious laws are no longer possible.

    United States

    In the United States (legal system: common law , which relies primarily on previous precedents and is therefore more easily influenced by individual judges), the states of Tennessee and Louisiana legally prohibited the application of Sharia law in 2010 . Such a legal prohibition could not be enforced in the states of Florida , Mississippi , Utah . In early 2011 there were legislative initiatives in twelve states to prevent the application of Sharia law.

    Controversy

    In Denmark , an Islamist group called “Call to Islam” aims to set up sharia zones in Muslim residential areas in Copenhagen , in which a “moral police” monitors the ban on alcohol, gambling and nightlife. There are now said to be similar lobby groups in Great Britain, Belgium, France and Spain.

    In the Netherlands, the discussion on the introduction of Sharia law is in full swing after the then Dutch Justice Minister Piet Hein Donner , a Christian Democrat, declared in September 2006 that he could well imagine the introduction of Sharia law in the Netherlands if the majority of voters for that would be. In the meantime, this possibility is also being seriously discussed in university circles. A symposium at the University of Tilburg was dedicated to Sharia in Europe on May 3, 2007 and invited a. the Palestinian-American Islamic scholar Maysam al-Faruqi from Georgetown University in Washington, DC. Al-Faruqi considers Sharia and Dutch law to be compatible with one another: "Both legal systems can easily co-exist".

    Critics counter the application of Sharia law in western countries that the Sharia law is not compatible with the Universal Declaration of Human Rights . The European Court of Human Rights in Strasbourg (ECHR) ruled in several proceedings that the Sharia is “incompatible with the fundamental principles of democracy”.

    The political scientist Bassam Tibi examines the question of whether there is a specific Arab or Islamic democracy. In his view, the Islamist Sharia is a totalitarian concept. The politicization and “shariaization” of Islam are not compatible with democracy. He calls it "the paradox of democratic sharia". On the other hand, there are certain reforms in Islam that could be a source of democratic legitimacy.

    See also

    literature

    Web links

    Wiktionary: Sharia  - explanations of meanings, word origins, synonyms, translations
     Wikinews: Sharia law  - on the news
    Commons : Sharia  - collection of images, videos and audio files

    Individual evidence

    1. ^ Mathias Rohe: Islamic law . Beck, Munich 2011, p. 9 ( here in the Google book search).
    2. ^ Mathias Rohe: Islamic law . Beck, Munich 2011, p. 5 f. ( here in the google book search).
    3. ↑ N. Calder: Shari'a in EI² online .
    4. ↑ Andreas Neumann: Legal History, Legal Findings and Legal Training in Islam . Hamburg 2012, ISBN 978-3-8300-5142-8 , pp. 5-6 .
    5. ↑ Calder: S̲h̲arīʿa in EI² Online .
    6. ↑ Calder: S̲h̲arīʿa in EI² Online .
    7. ↑ Calder: S̲h̲arīʿa in EI² Online .
    8. ↑ Calder: S̲h̲arīʿa in EI² Online .
    9. ↑ Tilman Nagel : Can there be a secularized Islam? in: Reinhard C. Meier-Walser and Rainer Glagow (Eds.): The Islamic Challenge - A Critical Assessment of Conflict Potential , Current Analyzes 26, Munich, 2001, Hanns-Seidel-Stiftung e. V., Academy for Politics and Current Affairs, ISBN 3-88795-241-3 , pp. 9–21. Here p. 15. Digitized version ( memento from February 9, 2018 in the Internet Archive )
    10. ↑ Peter Heine: A system of great flexibility - the term “Sharia” provokes constant misunderstandings . Herder Korrespondenz 65, 12/2011, pp. 613-617. Digitized version ( memento from February 10, 2018 in the Internet Archive )
    11. ↑ Heine: A system of great flexibility - the term “Sharia” provokes constant misunderstandings . Digitized version ( memento from February 10, 2018 in the Internet Archive )
    12. ↑ Rohe: The Islamic Law . Munich 2011, p. 10.
    13. ↑ Rohe: The Islamic Law . Munich 2011, p. 10.
    14. ↑ Heine: A system of great flexibility - the term “Sharia” provokes constant misunderstandings . Digitized version ( memento from February 10, 2018 in the Internet Archive )
    15. ↑ Heine: A system of great flexibility - the term “Sharia” provokes constant misunderstandings . Digitized version ( memento from February 10, 2018 in the Internet Archive )
    16. ^ AJ Wensinck and JH Kramers (eds.): Short dictionary of Islam . Brill, Leiden 1941, p. 674.
    17. ^ Wensinck and Kramers (eds.): Short dictionary of Islam . Leiden 1941, pp. 674-676.
    18. ^ Carl Heinz Ratschow : Ethics of Religions. A manual. (1980), p. 185.
    19. ↑ Ibn aldūn: al-Muqaddima . Volume 2. Dimašq, Dār al-Balḫī 2004, p. 185, Text Archive - Internet Archive . The German translation comes from Rohe: The Islamic Law . Munich 2011, p. 12.
    20. ^ Gudrun Krämer: Democracy in Islam. The struggle for tolerance and freedom in the Arab world . CH Beck, Munich 2011, ISBN 978-3-406-62126-0 .
    21. ↑ Thomas Bauer: The culture of ambiguity. Another story of Islam. Verlag der Religionen im Insel Verlag, Berlin 2011, ISBN 978-3-458-71033-2 .
    22. ↑ Ingrid Thurner: 1001 ways of finding law . In: Wiener Zeitung , February 16, 2013.
    23. ↑ Rohe: The Islamic Law . Munich 2011, pp. 48–49.
    24. ↑ Rohe: The Islamic Law . Munich 2011, p. 49.
    25. ↑ Rohe: The Islamic Law . Munich 2011, pp. 52–53.
    26. ↑ Rohe: The Islamic Law . Munich 2011, p. 53.
    27. ↑ Rohe: The Islamic Law . Munich 2011, p. 58.
    28. ↑ Rohe: The Islamic Law . Munich 2011, p. 62.
    29. ↑ Rohe: The Islamic Law . Munich 2011, pp. 64–66.
    30. ↑ Rohe: The Islamic Law . Munich 2011, p. 66.
    31. ↑ Rohe: The Islamic Law . Munich 2011, p. 67.
    32. ↑ Rohe: The Islamic Law . Munich 2011, p. 68.
    33. ↑ Rohe: The Islamic Law . Munich 2011, p. 71.
    34. ↑ Rohe: The Islamic Law . Munich 2011, p. 72.
    35. ^ O. Spies and E. Pritsch: Classical Islamic Law. In: Bertold Spuler (Hrsg.): Handbuch der Orientalistik. First division: The Near and Middle East. Supplementary Volume III: Oriental Law. Brill, Leiden / Cologne 1964, p. 222.
    36. ↑ Rohe: The Islamic Law . Munich 2011, p. 43.
    37. ↑ Rohe: The Islamic Law . Munich 2011, pp. 43–44.
    38. ↑ Rohe: The Islamic Law . Munich 2011, p. 154.
    39. ↑ Rohe: The Islamic Law . Munich 2011, pp. 97-98.
    40. ↑ Rohe: The Islamic Law . Munich 2011, p. 98.
    41. ↑ Rohe: The Islamic Law . Munich 2011, pp. 94–95.
    42. ↑ Rohe: The Islamic Law . Munich 2011, p. 229.
    43. ↑ Rohe: The Islamic Law . Munich 2011, p. 230.
    44. ↑ Tagesschau: Sharia law will apply in future in northwest Pakistan ( Memento from February 18, 2009 in the Internet Archive )
    45. ↑ Ömer Özsoy: The five aspects of Sharia and human rights in research Frankfurt 1/2008. P. 27. Digitized version (PDF)
    46. ↑ The Constitution of Tunisia (PDF)
    47. ^ Malaysian Groups Condemn Caning of Women in Shariah Sex Case . Bloomberg.com, February 18, 2010
    48. ↑ Text of the Cairo Declaration of Human Rights in Islam. Digitized version ( Memento from June 10, 2007 in the Internet Archive )
    49. ^ Sharia law in Germany? FACT check: Islamic law . In: Neues Deutschland , October 16, 2010.
    50. ↑ vm / anr: Justice scandal: justification of violence with the Koran - judge withdrew . Mirror online
    51. ↑ Barbara Schneider: Sharia finds its way into German courtrooms. In: Welt Online . February 1, 2012, accessed November 7, 2019 .
    52. ^ J. Waardenburg: Muslims and Others . Walter de Gruyter, 2003, p. 316.
    53. ↑ England is indignant about Sharia archbishop . heute.de
    54. ↑ Bishop Nazir-Ali continues to speak about Islam despite death threats. Kath.net , February 25, 2008.
    55. ↑ Joe Barnes: Muslims 'have the right' to use Sharia law in Britain, says activist , Daily Express November 3, 2016
    56. ↑ Leda Reynolds: Sharia court told rape victim to return to her attacker husband | UK | News | , Daily Express November 14, 2016
    57. ↑ https://www.ontario.ca/laws/docs/elaws_statutes_91a17_ev001.doc https://exhibits.library.utoronto.ca/exhibits/show/canadianlawandidentity/cdnlawreligion/cdnlawreligionarb
    58. ↑ Amendment to the Arbitration Act (PDF; 236 kB) Maryam Namazie
    59. ↑ Tim Murphy: Map: Has Your State Banned Sharia? motherjones.com, February 11, 2011.
    60. ^ A b Henryk M. Broder : Islamic moral police call for “Sharia zones” . Welt Online , October 31, 2011, commentary; Retrieved April 4, 2012.
    61. ↑ Video today: Will Sharia law soon apply in Denmark?  in the ZDFmediathek , accessed on February 9, 2014. (offline)
    62. ↑ Donner naïef in uitspraken sharia. Radio Nederland, September 13, 2006 Donner naïef in uitspraken sharia ( Memento of May 16, 2007 in the Internet Archive )
    63. ↑ Sharia kan zonder problem in Nederland been ingevoerd. Nieuw Religieus Peil, May 13, 2007.
    64. ↑ For example in: Case Of Refah Partİsİ (The Welfare Party) And Others V. Turkey (Applications nos. 41340/98, 41342/98, 41343/98 and 41344/98), Judgment, Strasbourg, 13 February 2003, No. 123 (see p. 39): "The Court concurs in the Chamber's view that sharia is incompatible with the fundamental principles of democracy, as set forth in the Convention" Case of Refah Partisi (the Welfare Party) and Others v. Turkey ( Memento from October 21, 2017 in the Internet Archive )
    65. ↑ see also sueddeutsche.de, Sept. 14, 2017: Against divorces under Sharia law
    66. ↑ Bassam Tibi : Islamism and Islam . Yale University Press, (2012), p. 114