Comparison with law in the United States
Similarities between Islamic law and the common law of the United States have also been noted, particularly in regards to Constitutional law. According to Sameer S. Vohra, the United States Constitution is similar to the Qur’an in that the Constitution is "the supreme law of the land and the basis from which the laws of the legislature originate."[28] According to Asifa Quraishi, the methods used in the judicial interpretation of the Constitution are similar to that of the Qur'an, including the methods of "plain meaning literalism, historical understanding “originalism,” and reference to underlying purpose and spirit."[29] Vohra further notes that the legislature is similar to the Sunnah in that the "legislature takes the framework of the Constitution and makes directives that involve the specific day-to-day situations of its citizens."[28] He also writes that the judicial decision-making process is similar to the qiyas and ijma methods in that judicial decision-making is "a means by which the law is applied to individual disputes", that "words of the Constitution or of statutes do not specifically address all the possible situations to which they may apply" and that "at times, it requires the judiciary to either use the consensus of previous decisions or reason by analogy to find the correct principle to resolve the dispute."[30]
The earliest known lawsuits may also date back to Islamic law. There was a hadith tradition which reported that the Caliph Uthman Ibn Affan (580-656) attempted to sue a Jewish subject for recovery of a suit of armour, but his case was unsuccessful due to a lack of competent witnesses.[31] The concept of a lawsuit was also described in the Ethics of the Physician by Ishaq bin Ali al-Rahwi (854–931) of al-Raha, Syria, as part of an early medical peer review process, where the notes of a practicing Islamic physician were reviewed by peers and he/she could be sued by a maltreated patient if the reviews were negative.[32]
The earliest known prohibition of illegal drugs occurred under Islamic law, which prohibited the use of Hashish, a preparation of cannabis, as a recreational drug. Classical jurists in medieval Islamic jurisprudence, however, accepted the use of the Hashish drug for medicinal and therapeutic purposes, and agreed that its "medical use, even if it leads to mental derangement, remains exempt" from punishment. In the 14th century, the Islamic jurist Az-Zarkashi spoke of "the permissibility of its use for medical purposes if it is established that it is beneficial."[33] According to Mary Lynn Mathre, with "this legal distinction between the intoxicant and the medical uses of cannabis, medieval Muslim theologians were far ahead of present-day American law."