Sharia court

A Sharia court[a] (Arabic: محكمة شرعية, romanized: maḥkama šarʿiyya)[1] is a court which applies and interprets the Sharia. Sharia courts exist in several countries, and may operate alongside secular courts.

History

Sharia courts have their origins in early Islamic history, where judges known as qadis administered justice based on the Quran, the Hadiths and fiqh. Historically, these courts handled a broad range of matters in Muslim-majority countries.

Sharia courts in the Ottoman Empire were for a long time the primary institutions for applying both Islamic law and imperial laws. During the mid-19th century Tanzimat, specialized commercial courts and later the Nizamiye Courts were established, reducing the jurisdiction of Sharia courts.[2]

Modern-day Sharia courts by country

Brunei

Main article: Sharia courts in Brunei

Ethiopia

Quoting Susanne Epple and Getachew Assefa, in Ethiopia

The Sharia courts are composed of a three-tiered structure at both federal and regional levels, and administer Islamic law on matters falling within their jurisdiction. They function separately and independently of Ethiopia's ordinary courts, but function as 'state' courts in that they are subject to statutory law, accountable to the state judiciary and subject to review by the Supreme courts at both federal and state levels.[3]

Ethiopian Sharia courts conduct their proceedings in Amharic rather than Arabic.[4]

Israel

Main article: Sharia courts in Israel

In Israel, Sharia courts have jurisdiction over family matters for Muslims.

Malaysia

Sharia courts are one of the two separate court systems which exist in the general Malaysian legal system.

Pakistan

Main article: Federal Shariat Court

In Pakistan, the Federal Shariat Court examines if the country's laws comply with the sharia.

Philippines

Saudi Arabia

In Saudi Arabia, Sharia courts apply Islamic law according to the Hanbali school of Sunnism, exercising their jurisdiction over both general and residual matters.[5]

Singapore

The Syariah Court of Singapore was constituted in 1958.

Notes

  1. ^ Also referred to as Shari'a court, Shar'iyya court, Shar court, Shar'i court or Shariatic court in English.

References

  1. ^ Wehr, Hans (1979), “محكمة”, in J. Milton Cowan, editor, A Dictionary of Modern Written Arabic, 4th edition, Ithaca, NY: Spoken Language Services, page 230: “canonical court (administering justice on the basis of the Sharia), court dealing with family matters of Muslims”
  2. ^ Die Handelsgesetze des Erdballs. Vol. 8. 1908. p. 13.
  3. ^ Epple & Assefa 2020, p. 146.
  4. ^ Carmichael 2001, p. 215.
  5. ^ Abiad 2008, p. 144.

Sources

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