Islamic Shariah And Its Impact In China

Shariah,one of the five major legal systems in the world,is an all-encompassing religious law collection that combine law,ethics and canon closely.It was tested by the basic principles of Islam and take over customary and legal traditions of the ancient Roman law,the Babylonian law,the Persian law and the Jewish law,and thus had a wider range of adaptations,known as the "lenient law(al-Shariah al-Samhah),which covers all fields of religion,law,economy,politics,ethics,military,and custom.In the law of Shariah,the most fundamental of law source is the Qur’an,followed by the Sunnah,so it is called"revelation law" or "holy law".Shariah Law basically was generated by the opposition and independent of the legal doctrine system,the legal practice and its impact on human society is very important.Shariah has attracted the extensive attention of the world,especially the Western academia very early,but has not yet attracted the deep importance of Chinese academia for a long time.In the near future it is under the joint impetus of scholars from both Arab and China that there will be unprecedented prosperity.In China the works based on the concept of Shariah is very rare.It is not enough to retrieve the papers about the Shariah from the full-text database of National paper journal.Only a few articles about Shariah are limited to the brief introduction of individual chapters in the books.The real topic of research papers is rare,the study on relationship and difference between the stable Shariah and flexible "Fiqh" Islamic jurisprudence also cannot be verified;There are differences as well as relations between Shariah and "Fiqh" Islamic jurisprudence,the two are often intertwined with the development.However,there are deviations and misunderstandings about these two concepts in some writings and websites in means of information communication,this dissertation discusses these points of disputes from a deeper level.Shariah constantly makes adaptive adjustment in the changes and development of the times and the environment to keep growing new vitality in the trend of history.To do academic research on the extended status of Shariah in China,firstly study it from the beginning of the introduction into China going through Tang,Song,Yuan,Ming,Qing,and then into the Republic of China and spread to today’s development state.Secondly,study the customary law of Shariah with strong Chinese characteristics that evolved from adapting to the environment of China.In this multi-ethnic and multi culture society of China coordinating the national customary law with country law function relationship,is a necessary condition for people of all nationalities live in harmony,Therefore,it is necessary to adjust the relationship between them and all ethnic groups can abide their own customary law without violating the national legal norms.With the change of modem society and the constant changes of life style,there has been a challenge to Shariah about the legal issues,which involves judicial,the closure of the door of ijtihad,women’s rights and polygamy etc.While the academic circles of the traditional Islamic law are not brave enough to put them in the ultra-conventional notes with the times.Abduh,the most representative figure In the modern history of Shariah,who at the time with his Egyptian state judiciary in the highest position to put forward many unique fatwa "legal opinion" to solve these practical problems involved in Shariah,he put forward many reform measures to make it suitable for the requirements of modern science and the development of the times.His reform thought system was structured at the grassroots level of Egyptian society,also has played a positive role in promoting the modernization of the Arab countries and Islamic worlds.In particular,the Arab world was in a period of extreme upheaval,and Abduh’s reform thought especially necessary and timely.The most important department law in Shariah law system is the criminal law and the traditional view is that criminal law is completely different from the secular criminal law.Here will inference that no conflict between the Shariah criminal law and secular criminal law,only in a small range;at the same time,if there are any laws that prevent people from committing crimes and keep them away from the penalty,Shariah defaults and supports this law.Perhaps this view would lead to anger and violent criticism of the Shariah academy and the Islamic cultural circles,but there are many evidences and reasons in this paper.In addition,through this dissertation we can see whether the Islamic Shariah criminal law is cruel or tolerant and its impact of reducing the crime rate,reveals the mode of crime prevention,the conflict between the contemporary prison and the crime prevention,also visually show the types of crime prevention observation and crime prevention circle by using the way of schematic diagram,more so to be able to demonstrate that the ultimate goal of the Shariah criminal law is not to impose the punishment itself,but to protect human life,consciousness,religion,reproduction and money in a way that is a means of crime prevention and to show kindness.