Sharia Law

There has been a great deal written about the relationship between sharia law and international human rights law, particularly with regards to the treatment of women.  The tensions between sharia law and international law norms of equality and non-discrimination have been well documented, and the possibilities for interpreting sharia law in a manner that accords with international human rights law have been insightfully explored by scholars of human rights and Islamic law. It has been shown that Islam is a religion of peace, tolerance, justice and equality.  It has been said that the Qur’anic passages describing the role of women should be understood in the context in which they were written, which was a time in history in which women were seen as vastly inferior to men in almost every society throughout the world, particularly in the Arabian peninsula.  Read in this context, it is argued, Islam must be seen as an advocate for gender equality, and should thus be interpreted as standing for gender equality today. This paper argues that, while this may indeed be the preferred interpretation of Islam, this is of little assistance to women in countries such as Sudan whose national legislation enshrines and enforces the most discriminatory aspects of sharia law. 

Sharia law, derived from the Quran and Hadith, offers a comprehensive framework for addressing societal issues and promoting justice and equity. Despite Western misconceptions, Sharia law effectively meets the needs of contemporary society. Through a comparative analysis, this article explores Sharia's stance on key legal concepts such as polygamy, punishment for murder, the right to wear the hijab, and inheritance. It navigates the complex interaction between Sharia and Western legal systems, proposing policy reforms to harmonize distinct legal traditions while upholding justice and equity through Sharia law. Utilizing empirical evidence and multimodal decision-making methodologies, such as the Analytic Hierarchy Process (AHP), the article advocates for practical reforms that empower marginalized groups, foster societal cohesion, and address contemporary challenges. By debunking misconceptions and highlighting Sharia law's relevance and adaptability, this paper offers a deeper understanding of justice and equity based on Sharia to meet the demands of the contemporary world.

Introduction: The Federal Supreme Court in Iraq plays an important role in ensuring the superiority of moral custom and Islamic Sharia through annulment lawsuits due to objections against the constitution. Because this lawsuit leads to the annulment of the text of the law whose constitution is challenged and all the authorities are obliged not to implement it. Material and Methods: This article is a descriptive review and the research method is historical, analytical, applied and inductive, which is based on the review of laws, books and legal articles published in ISC, Science direct, Elsevier and ProQuest databases between 2005 and 2023. The purpose of the research, which is to examine the role of the Federal Supreme Court in guaranteeing the superiority of moral customs and Islamic laws in Iraq, was investigated. Conclusion: The results of the research obtained by examining some of the judgments of the Federal Supreme Court in Iraq regarding municipal income from alcohol transactions and the issue of polygamy show that the Federal Supreme Court in Iraq plays an important role in guaranteeing the superiority of moral custom and Islamic Sharia through the annulment of objections against the constitution, because this lawsuit leads to the annulment of the text of the law whose constitution is challenged, and all the authorities accept In case the court issues a verdict that the law is illegal based on moral custom and Sharia law, it is obligatory to not implement this law contrary to the constitution and to take necessary measures to replace or amend it.