Law of Al-Harreh Danistarab: Difference between revisions
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Danistarab followed shariah law from 1501-1970 and started following aspects of it again in 2020. | Danistarab followed shariah law from 1501-1970 and started following aspects of it again in 2020. | ||
Under the January 2021 [[Basic Law of Al-Harreh Danistarab|Basic Law]] "No law which contradicts the teachings of Allah (May He Be Praised and Exalted) and the Messenger (Peace Be Upon Him) in the Qur'an may be passed. Any attempt to pass such a law is null and void." | Under the January 2021 [[Basic Law of Al-Harreh Danistarab|Basic Law]] "No law which contradicts the teachings of Allah (May He Be Praised and Exalted) and the Messenger (Peace Be Upon Him) in the Qur'an may be passed. Any attempt to pass such a law is null and void." | ||
From 1970-2020, however, shariah law was '''not''' followed and instead a form of law inspired by many western legal codes as well as African customary law. | |||
Any new polygamous marriages were banned in 1968 with laws against alcohol, drugs and zinah | |||
(the Islamic legal term for sexual intercourse before or outside marriage) being repealed in 1970. | |||
Laws against the charging of interest were repealed in 1973. | |||
'''Family law''' | '''Family law''' | ||
Laws governing marriage and divorce (including annulment and alimony) are based on the religion of the husband. | Laws governing marriage and divorce (including annulment and alimony) are based on the religion of the husband. | ||
There are the following[[personal status law (Danistarab)|personal status codes]]: Muslim, Protestant, Catholic, Jewish, Sabian (Mandaean), Samaritan, Zoroastrian, Buddhist, Hindu and Orthodox Christian. | There are the following [[personal status law (Danistarab)|personal status codes]]: Muslim, Protestant, Catholic, Jewish, Sabian (Mandaean), Samaritan, Zoroastrian, Buddhist, Hindu and Orthodox Christian. | ||
Followers of traditional African religions along with atheists are bound by the [[Muslim personal status law (Danistarab)|Muslim personal status law]]. | Followers of traditional African religions along with atheists are bound by the [[Muslim personal status law (Danistarab)|Muslim personal status law]]. | ||
[[Polygyny in Danistarab|Polygyny]] is legal for Muslims, Protestants, Jews, Samaritans, Zoroastrians and Hindus. It is prohibited for Catholics and Orthodox Christians. | [[Polygyny in Danistarab|Polygyny]] is legal for Muslims, Protestants, Jews, Samaritans, Zoroastrians and Hindus. It is prohibited for Catholics and Orthodox Christians. | ||
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All recreational drugs are illegal (with the exception of some caffeinated drinks such as tea and coffee). | All recreational drugs are illegal (with the exception of some caffeinated drinks such as tea and coffee). | ||
Recreational | Recreational drugs are classified either as Class C (such as cannabis), Class B (such as alcohol and khat) or Class A (such as cocaine, crack cocaine or opioids). | ||
Sale of class C drugs is a misdemeanour (punishable by up to 1 year in prison) whilst sale of Class B and A drugs is a felony. | Sale of class C drugs is a misdemeanour (punishable by up to 1 year in prison) whilst sale of Class B and A drugs is a felony. | ||
Sale of Class B drugs is punishable by a maximum of 14 years imprisonment whilst sale of Class A drugs is punishable by up to life imprisonment (with or without parole). | Sale of Class B drugs is punishable by a maximum of 14 years imprisonment whilst sale of Class A drugs is punishable by up to life imprisonment (with or without parole). | ||
Pork can legally be sold so long as it is sold to religions other than Islam, Judaism, Samaritanism and Orthodox Christianity though it is highly taxed. | Pork can legally be sold so long as it is sold to religions other than Islam, Judaism, Samaritanism and Orthodox Christianity though it is highly taxed. | ||
The Ministry Of Health justify this decision by saying that "The diseases caused by pork cost the health service, the tax can be considered to pay for this financial burden". | The [[Ministry Of Health (Danistarab)|Ministry Of Health]] justify this decision by saying that "The diseases caused by pork cost the health service, the tax can be considered to pay for this financial burden". | ||
'''See also''' | '''See also''' | ||
[[Basic Law of Al-Harreh Danistarab]] | |||
[[Marriage in Danistarab]] | [[Marriage in Danistarab]] | ||
Latest revision as of 13:17, 16 April 2021
The law of Al-Harreh Danistarab is mostly based on shariah law of the Maliki school along with Kanun established by the Majilis Ash-Shura with the consent of the Emir.
History
Danistarab followed shariah law from 1501-1970 and started following aspects of it again in 2020. Under the January 2021 Basic Law "No law which contradicts the teachings of Allah (May He Be Praised and Exalted) and the Messenger (Peace Be Upon Him) in the Qur'an may be passed. Any attempt to pass such a law is null and void." From 1970-2020, however, shariah law was not followed and instead a form of law inspired by many western legal codes as well as African customary law. Any new polygamous marriages were banned in 1968 with laws against alcohol, drugs and zinah (the Islamic legal term for sexual intercourse before or outside marriage) being repealed in 1970. Laws against the charging of interest were repealed in 1973.
Family law
Laws governing marriage and divorce (including annulment and alimony) are based on the religion of the husband. There are the following personal status codes: Muslim, Protestant, Catholic, Jewish, Sabian (Mandaean), Samaritan, Zoroastrian, Buddhist, Hindu and Orthodox Christian. Followers of traditional African religions along with atheists are bound by the Muslim personal status law. Polygyny is legal for Muslims, Protestants, Jews, Samaritans, Zoroastrians and Hindus. It is prohibited for Catholics and Orthodox Christians. The legality of polygyny for Buddhists is unknown though polyandry is prohibited.
Criminal law
Criminal law is based on a moderate form of Maliki shariah. Executions are rare with only rape, murder, terrorist conspiracy and treason being capital offences and so is long-term imprisonment. Judicial corporal punishment is, however, common. It is considered more merciful than imprisonment (because imprisonment separates the accused from their family except during visiting hours and is more drawn out) and is also cheaper for the government. Most corporal punishment sentences are of seven to ten lashes.
Food and drug laws
All recreational drugs are illegal (with the exception of some caffeinated drinks such as tea and coffee). Recreational drugs are classified either as Class C (such as cannabis), Class B (such as alcohol and khat) or Class A (such as cocaine, crack cocaine or opioids). Sale of class C drugs is a misdemeanour (punishable by up to 1 year in prison) whilst sale of Class B and A drugs is a felony. Sale of Class B drugs is punishable by a maximum of 14 years imprisonment whilst sale of Class A drugs is punishable by up to life imprisonment (with or without parole).
Pork can legally be sold so long as it is sold to religions other than Islam, Judaism, Samaritanism and Orthodox Christianity though it is highly taxed. The Ministry Of Health justify this decision by saying that "The diseases caused by pork cost the health service, the tax can be considered to pay for this financial burden".
See also
Basic Law of Al-Harreh Danistarab