Vous êtes sur la page 1sur 4

Sharia Law

The term means "way" or "path";


Shariah law imposes certain restrictions on finance and
investments within the Muslim community.

It is the legal framework within which the public and


some private aspects of life are regulated for those living
in a legal system based on Islam.
Sharia deals with all aspects of day-to-day life,
including politics, economics, banking, business law,
contract law,sexuality, and social issues.
There is not a strictly codified uniform set of laws that
can be called Sharia. It is more like a system of several
laws, based on the Qur'an, Hadith and centuries of
debate, interpretation and precedent.
The basis of all legal systems in the the UAE is Sharia or
Quranic Law. In the constitutions, Islam is identified as
the state religion as well as the principal source of law.
However, although the principles of Sharia influence
criminal and civil laws, the direct influence of of Sharia in
the UAE is primarily confined to social laws, such as
family law, divorce or succession. Most commercial
matters are now dealt with by either civil courts or
permanently established arbitration tribunals.

Usury or charging of interest (riba) is forbidden)

According to Sharia, money is not a commodity, that can be traded, nor does it have a value
over time if left unused. Therefore interest earned is an unjust income.

Risk should be shared


Uncertainty (gharar) in a contract is prohibited
Competence
As is the case in most legal jurisdictions, the law also
specifies that the parties in a contract must possess the
legal capacity to understand and assume the obligations
of the contract.

5. Consent
The parties to a contract should enter into it of their
own free will and should not be subject to coercion or
duress.

So basically charging of interest riba, uncertainity, gharar


competence, risk should be shared.
Penalties for theft :
The Qur'an and several hadith set out two different
punishments for theft (stealing). They say that the punishment
should depend on how many times the person stole, and what he
stole. One punishment is imprisonment. Another
is amputating (cutting off) the hands or feet. However, before
a person is punished, two eyewitnesses must swear, under oath,
that they saw the person stealing. If this does not happen,
then the punishment cannot be carried out. Also, some other
requirements have to be met. These requirements have to do
with the theft, what was stolen, and how the theft happened.
All of these requirements must be met, as decided by a judge
The penalty for adultery

In The Quran it is stated that if an unmarried man or woman


commit adultery (sleep with a person they are not married to),
the punishment should be 100 lashes.[2] In the Hadith the
punishment is 100 lashes and banishment for a year, and if a
married man or woman commit adultery the punishment should
be 100 lashes and then stoning to death
Dietary Laws
Islamic law does not list every food and drink that is thought
to be pure. It does list some specific foods and drinks that are
not allowed.[8]

1. Pork, blood, and the meat of dead animals are not allowed.
People are also not allowed to eat animals that were
slaughtered in the name of someone other thanGod.
2. Animals must be slaughtered in the manner
of tazkiyah (cleansing) by taking Gods name.
3. Intoxicants (like alcoholic drinks) are not allowed.
4. Theft is punishable by amputation of the right hand (above).
Criticizing or denying any part of the Quran is punishable by death.
Criticizing or denying Muhammad is a prophet is punishable by
death.
Criticizing or denying Allah, the moon god of Islam is punishable by
death.
A Muslim who becomes a non-Muslim is punishable by death.
A non-Muslim who leads a Muslim away from Islam is punishable by
death.
A non-Muslim man who marries a Muslim woman is punishable by
death.
A man can marry an infant girl and consummate the marriage when
she is 9 years old.
Girls' clitoris should be cut (per Muhammad's words in Book 41,
Kitab Al-Adab, Hadith 5251).
A woman can have 1 husband, but a man can have up to 4
wives; Muhammad can have more.
A man can unilaterally divorce his wife but a woman needs her
husband's consent to divorce.
A man can beat his wife for insubordination.
Testimonies of four male witnesses are required to prove rape
against a woman.
A woman who has been raped cannot testify in court against her
rapist(s).
A woman's testimony in court, allowed only in property cases, carries
half the weight of a man's.
A female heir inherits half of what a male heir inherits.
A woman cannot drive a car, as it leads to fitnah (upheaval).
A woman cannot speak alone to a man who is not her husband or
relative.
Meat to be eaten must come from animals that have been sacrificed
to Allah - i.e., be Halal.
Muslims should engage in Taqiyya and lie to non-Muslims to
advance Islam.
The list goes on.

Dietary :
Marriage
Blood money one 8th to wife, frozen after 30 mins, one 6 th of
every share to mother, nd twice to sons

Riba- interest unjust


Islamic finance is based on ownership of assets and the sharing
of risk, these two concepts, Musharakah and Mudarabah,
distinguish Islamic finance from Western finance which is
largely based on principles of interest, debt and risk transfers
In Western finance a bank will receive interest for the risk it
takes by loaning money to a business, whilst in Islamic finance a
bank that provides funding to a business will have an agreed
share in the profit/loss generated from the money it provides.
Thus negating the need for interest payments and the
investment risk is shared between the bank and the business.
Cannot invest in Haaram
Muslims cannot invest in anything that is considered unlawful
or impermissible under conventional Islamic law, for instance
any business that has links to pork, alcohol, tobacco,
pornography, prostitution, gambling, weaponry and many forms
of Western entertainment/advertising that are contrary to
Muslim values. Moreover, because of the prohibition of Riba,
Muslims cannot invest in most businesses that operate on
interest payments like major Western banks and mortgage
providers.

Vous aimerez peut-être aussi