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[quote=Anonymous][quote=Anonymous]But in practice, don't many countries rely on the Quranic rules about consensual/nonconsensual sex, because these have scriptural authority? Whereas hadith are not always accepted as authoritative, as some PP above already mentioned.

The 4 witnesses thing, which comes from the Quran, is how it plays out in many countries today. Pakistan is an example that comes to mind.[/quote]

There is a whole system for interpreting Islamic law. In Sunni Islam, it's based on the Qu'ran and the Sunnah, and these two together have been interpreted by four major schools of law. Hanbali, Hanafi, Shafi, and Malaki. Shites are similar but there is only one major madhab (school of law) I'm familiar with. Jafaari.

With respect to Hadith, there are strict standards for interpretation. Some are strong with a direct chain of narrators. Some are weak with little evidence. So you can't just quote a Hadith you find on the Internet and take it as some sort of truth about Islam.

I can't speak for all Islamic states, but ones such as Egypt have based their legal code on the predominant madhab they follow. In their case, Hanafi. Saudi Arabia follow Hanbali. Hanbali madhab is very strict.

Shiites rely much more on ijtihad, or reasoning.  So maybe that's what you are referring to?  Many fatwas are issued by Shiite religious leaders.

I have no knowledge of Pakistani laws, so I don't know their basis or application.[/quote]

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