| Afghanistan | Criminal law in Afghanistan continues to be governed in large part by Islamic law. The Criminal Law of September 1976 codifies sharia, and retains punishments such as the stoning to death of adulterers. However virtually all courts, including the Supreme Court of Afghanistan, rely on Islamic law directly.[65] |
| Azerbaijan | The government is declared to be secular in the constitution.[30] |
| Bahrain | Article 2 of Bahrain's 2002 Constitution as originally adopted, as well as after February 2012 amendment, declares Islamic Sharia is a chief source of legislation.[66][67] Four tiers of ordinary courts have jurisdiction over cases related to civil, administrative and criminal matters, with Court of Cassation the highest civil court in Bahrain; in all matters, the judges are required to resort to Sharia in case legislation is silent or unclear.[67] Sharia courts handle personal status laws.[68][69] A personal status law was codified in 2009 to regulate personal status matters. It applies only to Sunni Muslims; there is no codified personal status law for Shiites. In a Shari’a court a Muslim woman's testimony is worth half of that of a Muslim man.[70] |
| Bangladesh | Marriage, divorce, alimony and property inheritance are regulated by Sharia for Muslims.[71] The Muslim Personal Law (Shariat) Application Act, 1937 (XXVI of 1937) applies to Muslims in all matters relating to Family Affairs.[72] Islamic family law is applied through the regular court system.[73] There are no limitations on interfaith marriages.[74] |
| Brunei | Sharia courts decide personal status cases or cases relating to religious offences.[75] Sultan Hassanal Bolkiah declared in 2011 his wish to establish Islamic criminal law as soon as possible.[76] A new penal code enacted in May 2014 will eventually prescribe sharia punishments, including the severing of limbs for property crimes and death by stoning for adultery and homosexuality.[77] |
| India | The Muslim Personal Law (Shariat) Application Act 1937 directs the application of Muslim Personal Law to Muslims in a number of different areas, mainly related to family law.[78] |
| Iran | Article 167 of the constitution states that all judicial rulings must be based upon "authoritative Islamic sources and authentic fatwa".[79] Book 2 of the Islamic Penal Code of Iran is entirely devoted to hudud punishments.[80]Iranian application of sharia has been seen by scholars as highly flexible and directly contradicting traditional interpretations of the sharia.[81] |
| Iraq | Article 1 of Civil Code identifies Islamic law as a main source of legislation.[82] The 1958 Code, made polygamy extremely difficult, granted child custody to the mother in case of divorce, prohibited repudiation and marriage under the age of 16.[83] In 1995, Iraq introduced Sharia punishment for certain types of criminal offenses.[84] Iraq's legal system is based on French civil law as well as Sunni and Jafari (Shi’ite) interpretations of Sharia.[85]Article 41 of the constitution allows for personal status matters (such as marriage, divorce and inheritance) to be governed by the rules of each religious group. The article has not yet been put into effect, and a unified personal status law remains in place that builds on the 1959 personal status code.[86] |
| Israel | Islamic law is one of the sources of legislation for Muslim citizens.[87] Islamic law is binding on personal law issues for Muslim citizens.[87] |
| Jordan | Jordan has Sharia courts and civil courts. Sharia courts have jurisdiction over personal status laws, cases concerning Diya (blood money in cases of crime where both parties are Muslims, or one is and both the Muslim and non-Muslim consent to Sharia court's jurisdiction), and matters pertaining to Islamic Waqfs.[88] The Family Law in force is the Personal Status Law of 1976, which is based on Islamic law .[83] In Sharia courts, the testimony of two women is equal to that of one man.[89] |
| Kazakhstan | Islamic law was in force up until early 1920.[90] The 1995 constitution is not based on sharia.[91] However converting a Muslim is a crime.[92] |
| Kuwait | Article 2 of Kuwait's constitution identifies Islamic Sharia as a main source of legislation.[66][93] According to the United Nations, Kuwait's legal system is a mix of British common law, French civil law, Egyptian civil law and Islamic law.[94] The sharia-based personal status law for Sunnis is based on the Maliki fiqh and for Shiites, their own school of Islam regulates personal status.[95][96] Before a family court the testimony of a woman is worth half of that of a man.[95] Kuwait blocks internet content prohibited by Sharia.[97] |
| Kyrgyzstan | It has a civil law system.[30] However converting a Muslim is a crime.[98] |
| Lebanon | Lebanon's legal system is based on a combination of Civil Law, Islamic law and Ottoman laws.[99] There are seventeen official religions in Lebanon, each with its own family law and religious courts. For the application of personal status laws, there are three separate sections: Sunni, Shia and non-Muslim. The Law of 16 July 1962 declares that Islamic law governs personal status laws of Muslims, with Sunni and Ja'afari Shia jurisdiction of Islamic law.[83] In a Muslim family court, the testimony of a woman is worth half of that of a man.[citation needed] |
| Malaysia | Schedule 9 of Malaysian constitution recognizes Islamic law as a state subject; in other words, the states of Malaysia have the power to enact and enforce sharia.[100] Islamic criminal law statutes have been passed at the state level in Terengganu,[101] Kelantan[102] and Perlis,[103][page needed] but as of 2014 none of these laws have been implemented, as they contravene the Federal Constitution.[104][105][106] In 2007, Malaysia's Federal court ruled that apostasy matter lay "within the exclusive jurisdiction of Sharia Courts".[100] Malaysian Muslims can be sentenced to caning for such offences as drinking beer,[107] and adultery.[108] Several sharia crimes, such as khalwat (close proximity of unmarried man and woman) are punishable only in Sharia courts of Malaysia. Publishing an Islamic book that is different from official Malaysian version, without permission, is a crime in some states. Other sharia-based criminal laws were enacted with "Syariah Criminal Offences (Federal Territory) Act of 1997".[100] Muslims are bound by Sharia on personal matters, while members of other faiths follow civil law. Muslims are required to follow Islamic law in family, property and religious matters.[109] In 1988 the constitution was amended to state that civil courts cannot hear matters that fall within the jurisdiction of Sharia courts.[110] |
| Maldives | Article 15 of the Act Number 1/81 (Penal Code) allows for hudud punishments.[111] Article 156 of the constitution states that law includes the norms and provisions of sharia.[112] |
| Oman | Islamic Sharia is the basis for legislation in Oman per Article 2 of its Constitution, and promulgated as Sultani Decree 101/1996.[113] The Personal Statute (Family) Law issued by Royal Decree 97/32 codified provisions of Sharia.[114] Sharia Court Departments within the civil court system are responsible for personal status matters.[115] A 2008 law stipulates that the testimonies of men and women before a court are equal.[116] Oman's criminal law is based on a combination of Sharia and English common law.[117] Omani commercial law is largely based on Sharia; Article 5 of its Law of Commerce defaults to primacy of Sharia in cases of confusion, silence or conflict. |
| Pakistan | Until 1978 Islamic law was largely restricted to personal status issues. Zia ul Haq introduced Sharia courts and made far reaching changes in the criminal justice system.[118] Articles 203a to 203j of the constitution establish a sharia court with the power to judge any law or government actions to be against Islam, and to review court cases for adherence to Islamic law. The penal code includes elements of sharia.[119] Under article 5, section 2 of the Ordinance No. VII of 1979, whoever is guilty of zina, "if he or she is a muhsan, be stoned to death at a public place; or if he or she is not a muhsan, be punished, at a public place, with whipping numbering one hundred stripes".[120] Under a 2006 law, rape cases can be heard under civil as well as Islamic law.[121] |
| Philippines | There are sharia trial and circuit trial courts in Mindanao, which is home to the country's significant Filipino Muslim minority.[122] Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws.[123] Islamic law only applies to civil cases involving all Muslims nationwide. Cases are handled in the Autonomous Region in Muslim Mindanao and a couple of Mindanao provinces that are not part of ARMM by both sharia district and circuit courts, organised into five sharia districts. Outside these areas, sharia-related cases are processed in civil courts under a session from the five sharia districts.[124] All other cases, including criminal ones, are dealt with by local civil courts.[125] |
| Qatar | Sharia is the main source of Qatari legislation according to Qatar's Constitution.[126][127] Islamic law is applied to laws pertaining to family law, inheritance, and several criminal acts (including adultery, robbery and murder). In some cases in Sharia-based family courts, a female's testimony is worth half a man's and in some cases a female witness is not accepted at all.[128] Flogging is used in Qatar as a punishment for alcohol consumption or illicit sexual relations.[129] Article 88 of Qatar's criminal code declares the punishment for adultery is 100 lashes.[130] Adultery is punishable by death when a Muslim woman and a non-Muslim man are involved.[130] In 2006, a Filipino woman was sentenced to 100 lashes for adultery.[130] In 2012, six expatriates were sentenced to floggings of either 40 or 100 lashes.[129] More recently in April 2013, a Muslim expatriate was sentenced to 40 lashes for alcohol consumption.[131][132][133] In June 2014, a Muslim expatriate was sentenced to 40 lashes for consuming alcohol and driving under the influence.[134] Judicial corporal punishment is common in Qatar due to the Hanbali interpretation of Islamic law. Article 1 of the Law No. 11 Of 2004 (Penal Code) allows for the application of "Sharia provisions" for the crimes of theft, adultery, defamation, drinking alcohol and apostasy if either the suspect or the victim is a Muslim.[135] |
| Saudi Arabia | Saudi criminal law is based totally on sharia.[136] No codified personal status law exists, which means that judges in courts rule based on their own interpretations of sharia.[137] See Legal system of Saudi Arabia |
| Singapore | Sharia courts may hear and determine actions in which all parties are Muslims or in which parties involved were married under Muslim law. Court has jurisdiction over cases related to marriage, divorce, betrothal, nullity of marriage, judicial separation, division of property on divorce, payment of dowry, maintenance, and muta.[138] |
| Sri Lanka | Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act.[139] |
| Syria | Article 3 of the 1973 Syrian constitution declares Islamic jurisprudence one of Syria's main sources of legislation.[140] The Personal Status Law 59 of 1953 (amended by Law 34 of 1975) is essentially a codified Islamic law.[141] The Code of Personal Status is applied to Muslims by Sharia courts.[142] In Sharia courts, a woman's testimony is worth only half of a man's.[143] |
| Tajikistan | The government is declared to be secular in the constitution.[30] However converting a Muslim is a crime.[144] |
| Turkey | As part of Atatürk's Reforms, sharia was abolished in April 1924, with the Law Regarding the Abolition of Islamic Law Courts and Amendments Regarding the Court Organization.[145] |
| Turkmenistan | Article 11 of the constitution declares that religious groups are separate from the state and the state educational system. But the legal system is civil law with Islamic influences [146][147] Also converting a Muslim is a crime.[148] |
| UAE | Criminal law in UAE is governed by Islamic Courts alongside Secular courts. Also, Personal Status Law, and Family Law, are Sharia. |
| Uzbekistan | It has a civil law system.[15] However converting a Muslim is a crime.[149] |
| Yemen | Law 20/1992 regulates personal status. The constitution mentions sharia.[150] Penal law provides for application of hadd penalties for certain crimes, although the extent of implementation is unclear.[151] Article 263 of the 1994 penal code states that "the adulterer and adulteress without suspicion or coercion are punished with whipping by one hundred strokes as a penalty if not married. [...] If the adulterer or the adulteress are married, they are punished by stoning them to death."[152] |