SHARIAsource

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of the Philippines (Republika ng Pilipinas), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under the Philippines' Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the Sultanate of Oman (Saltanat Uman), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Oman's Constitution, Islamic law (sharīʿa or fiqh) is a primary source of legislation. 

This Supreme Court jurisprudence pertains to inheritance law. It states that a dispute over the estate of a deceased person between beneficiaries (ahli waris) with a familial connection to the deceased cannot also include an ownership dispute, and, when strengthened by information provided by witnesses, must be dismissed.

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of Kenya (Jamhuri ya Kenya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Kenya's Constitution, Islamic law (sharīʿa or fiqh) has legal status. 

This Country Profile provides a basic overview of the legal history and institutional structures of the People's Democratic Republic of Algeria (Al Jumhuriyah al Jaza'iriyah ad Dimuqratiyah ash Sha'biyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Algeria's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This qanun regulates the implementation and financing of health services in Aceh. The qanun states that the implementation and financing of such services is intended to increase the awareness, desire and livelihood, of every person to create a healthy, Islamic Acehnese society.

This fatwa permits a person to bequeath their corneas after they have passed away, provided that:

1. they have given their consent and the provision of such consent was witnessed by their beneficiaries; and
2. the operation is conducted by a surgeon.

This Country Profile provides a basic overview of the legal history and institutional structures of the United Republic of Tanzania (Jamhuri ya Muungano wa Tanzania), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Tanzania's Constitution, Islamic law (sharīʿa or fiqh) has some legal status. 

This regional regulation prohibits: 

1. adultery and conduct leading towards adultery;
2. Pondok Baremoh (brothels);
3. gambling;
4. Kupon Putih (white coupons);
5. alcohol;
6. narcotics, psychotropics, and prohibited drug-abuse;
7. prostitution and conduct leading towards prostitution;
8. living with a person of the opposite sex out of wedlock; and
9. dressing in an inappropriate manner, contrary to religious and customary norms.

This regional regulation categorises alcoholic beverages in accordance with their alcoholic content and prohibits their distribution and sale. It provides several exceptions to this rule:

1. if the beverage contains spices, jamu (herbal medicine), or the like and is for medicinal purposes;
2. 3-, 4-, or 5-star hotels;
3. certain fine-dining restaurants (Tanda Talam Kencana dan Talam Seloka);
4. certain places already stipulated in accordance with mayoral decrees/regulations; and
5. duty free shops selling alcohol to Indonesian diplomats, foreign workers, persons going overseas, and persons arriving from overseas.

The regulation does not, however, make any reference to Islam or religion.

In preambular statement (b), this regional regulation states that Parepare Municipal Regulation No. 6 of 1999 on the Retribution of Licensing for Alcohol Points of Sale needs to be revoked and replaced with a regulation that prohibits alcoholic beverages. It states that the prohibition on alcoholic beverages in this regulation is, among other things, a way of implementing religious values and the morals of a religious umat (community) (art 4). Accordingly, this regulation prohibits all legal entities and persons from producing, storing, distributing, channelling, placing, promoting, and selling alcoholic beverages in the region (art 5(1)), while all persons are prohibited from consuming alcohol in the region (art 5(2)). Foreigners visiting Parepare are exempted and may bring and consume alcoholic beverages with an alcohol content of five per cent (art 6).

This regional regulation prohibits all entities and individuals, except three-, four-, and five-star hotels (art 3(4)), from producing, distributing, selling, making available, and/or serving alcoholic beverages (art 3(1) and (2)). All persons are prohibited from consuming alcohol, except foreign visitors (art 3(3)). In its preambular statement and elucidation, the regulation states that alcohol is contrary to, and prohibited by, religious and moral norms.

This Supreme Court jurisprudence states that if a person submits to having rights over land based on a gift (hibah), that person must be able to establish ownership based on that gift, as specified in art 210(1) of the Compilation of Islamic Laws. Moreover, if the land is obtained based on a gift, then the land needs to be placed in the recipient's name immediately. If this does not happen and a dispute subsequently arises, the status of the land remains as is, unless a change of ownership can be established.

This Country Profile provides a basic overview of the legal history and institutional structures of the Lebanon Republic (Al Jumhuriyah al Lubnaniyah), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Lebanon's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

This regional regulation prohibits all persons from opening restaurants, roadside stalls (warung), shops, and the like, as well as from serving food and drink during the month of Ramadhan in Tanah Laut regency, South Kalimantan (art 2(1)). Similarly, it prohibits all persons from eating, drinking, and/or smoking in public places (art 2(2)). These prohibitions apply from predawn (imsak) until the fast is broken (art 2(3)). All persons are also prohibited from conducting activities that disturb the peace, including conducting activities to wake people for their last meal (bagarakan sahur) if they disturb the peace (art 2(4)). The earliest such bagarakan sahur activities may start is 3.00am (art 2(5)). In addition, the operations of all places of general entertainment, such as karaoke, discotheques, and the like, are prohibited during Ramadhan (art 2(6)).

Contravention of art 2(1) or (6) carries a maximum penalty of three months' imprisonment and/or a fine of IDR 50 million (art 5(1)), while contravention of art 2(2) or (4) carries a maximum penalty of 15 days' imprisonment and/or a fine of IDR 100,000 (art 5(2)).

This fatwa states that dyeing one's hair is permissible (mubah), provided that:

1. halal and holy (suci) products are used:
2. it is intended for a shari'a-compliant purpose;
3. it brings about a benefit that is not contrary to shari'a;
4. the dye does not prevent water from coming into contact with the hair;
5. it does not bring the person misfortune; and
6. black-coloured dye, and other colours that give rise to deceit (khida') or have a negative impact, are avoided.

This Country Profile provides a basic overview of the legal history and institutional structures of the Republic of India (Republic of India/Bharatiya Ganarajya), based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under India's Constitution, Islamic law (sharīʿa or fiqh) has no legal status. 

Originally sourced from the Dutch colonial criminal code (Wetboek van Strafrecht voor Nederlandsh-Indie), the Criminal Code's relevance to the application of shari'a in Indonesia, among others, lies in the wording of art 156a. Article 156a prescribes up to five years' imprisonment for any person who intentionally, in public, expresses a feeling or conducts themselves in a way that:

1. is hostile, abusive, or defamatory towards a religion followed in Indonesia; or
2. intends to discourage persons from embracing a religion based on the belief in One Almighty God.

The Criminal Code is also referred to in some religious court (pengadilan agama) decisions, and already covers certain parts of the criminal law that Acehnese regional legislation (qanun) seeks to regulate.

This regional regulation replaces Berau Regency Regulation No. 7 of 2003 on the Policing, Surveillance, Distribution and Sale of Alcoholic Beverages in Berau Regency. Unlike its predecessor, it makes no reference to Islam or religion (agama). Arguably, however, by placing a blanket prohibition on alcohol it Islamises public life to a greater extent than its predecessor. For example, pursuant to art 3, it prohibits all persons or legal entities in the regency from storing, distributing, and/or selling alcoholic beverages. Similarly, pursuant to art 4, all persons are prohibited from storing, using, or consuming alcoholic beverages. Contravention of either arts 3 or 4 carries a maximum penalty of six months' imprisonment or a fine of IDR 50 million (art 9(1)).

This regional regulation states, in its preambular section, that sexual promiscuity constitutes an activity that contradicts religious teachings, legislative instruments, customs and tradition, and morality norms. Accordingly, it prohibits every person and entity from conducting sexually promiscuous activities for whatever reason (art 2). Contravention of this regulation can result in a maximum prison sentence of six months or a maximum fine of IDR 5 million (art 5).