What is Shari’a Law?
Shari’a (/ʃəˈriːə/, Arabic: شريعة [ʃaˈriːʕa]), Islamic law or Sharia law is a religious law forming part of the Islamic tradition.
Shari’a is Islamic law derived from the teachings of the Quran and of Muhammad. In fact, Shari’a is the body of law derived from the Quran and from secondary religious sources known as the ‘Hadith’.
It is not a list of rules, but rather a set of principles on aspects of life, including marriage, divorce, finance and rituals such as fasting and prayer.
Aspects of Shari’a are included in the legal codes of Muslim countries, including Egypt, Saudi Arabia, Kuwait, the United Arab Emirates, Pakistan and Iran.
What is unique about Shari’a jurisprudence is that it is not confined to a specific country or state. As it is a body of law drawn from religion, it resides within the individual just as religious faith does; a Muslim is expected to abide by Shari’a wherever he or she lives in the world.
But how does Shari’a work with English Law?
Unlike much of the media suggests, Muslim Arbitration Tribunals are only allowed to operate within the realms of English law. In terms of divorces, the divorce will not be recognized unless a court of English law signs it off; if a judge sees it as unfair it will not be legalized, because Shari’a does not have the power to overrule family law.
The Muslim Arbitration Tribunal was established in 2007 to provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Sacred Law.
Shari’a is not becoming a parallel body of jurisdiction in the UK; it only ever applies to willing parties who feel personally bound by their faith and even so can be invalidated by English law.
And how does Shari’a work with Italian Law?
The Italian Constitution has led to the development of a model of accommodation of religious practices that seeks to balance a commitment to promoting religious pluralism as well as maintaining the neutrality of state institutions.
A large number of families of such a large community of Muslims are based on Shari’s Law and are recognized by Italian judges.
Italian private law accommodated the effect of legal relations settled in countries that applied Shari’a Law.
VGS Corporate Lawyers have widespread experience in all areas of Islamic Law and Jurisprudence.
Our range of services includes consulting in family matters, drafting commercial in loan/financing agreements in compliance with Shari’a principles, litigating cases before the Shari’a courts, and counselling companies on damages, awards, and contractual terms in accordance with Islamic law.
VGS Corporate Lawyers offers our clients a wealth of experience and expertise in dealing with complex corporate and commercial matters, including advising on foreign investment protection, competition law issues and the legal and practical implications resulting in particular from Egypt.
We specialize in advising multinational corporations on all aspects of investment in a broad range of sectors including: energy, manufacturing, retailing and property. We also advise our clients on all aspects of corporate restructuring, including: mergers & acquisitions and joint ventures, as well as handling on behalf of foreign clients all the legal and administrative aspects associated with company formation and corporate governance.
The firm collaborates with a network of professionals in Egypt and helps on compliance with the requirements of local governments.