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Application Of Islamic Law By Country
Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems. Historically, sharia was interpreted by independent jurists (muftis), based on Islamic scriptural sources and various legal methodologies. In the modern era, statutes inspired by European codes replaced traditional laws in most parts of the Muslim world, with classical sharia rules retained mainly in personal status (family) laws. These laws were codified by legislative bodies which sought to modernize them without abandoning their foundations in traditional jurisprudence. The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia, including ''hudud'' capital punishments, such as stoning, which in some cases resulted in traditionalist legal reform. Some countries with Muslim minorities use sharia-based laws to regulate marriage, inheritance and other personal affairs of their Muslim population. His ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application ( Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crime ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Syracuse University Press
Syracuse University Press, founded in 1943, is a university press that is part of Syracuse University. It is a member of the Association of American University Presses. History SUP was formed in August 1943 when president William P. Tolley promised Thomas J. Watson that the university will organize a press to print IBM's ''Precision Measurements in the Metal Workings Industry''. Matthew Lyle Spencer of the School of Journalism became the first chair of the board of directors and Lawrence Siegfried was the first editor. About The areas of focus for the Press include Middle East studies, Native American studies, peace and conflict resolution, Irish studies and Jewish studies, New York State, television and popular culture, sports and entertainment. The Press has an international reputation in Irish studies and Middle East studies. In March 2017, SU Press received HumanitieOpen Book Programaward from the National Endowment for the Humanities The National Endowment for the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qadi
A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term ''qāḍī'' was in use from the time of Muhammad during the early history of Islam, and remained the term used for judges throughout Islamic history and the period of the caliphates. While the ''muftī'' and '' fuqaha'' played the role in elucidation of the principles of Islamic jurisprudence (''Uṣūl al-Fiqh'') and the Islamic law (''sharīʿa''), the ''qāḍī'' remained the key person ensuring the establishment of justice on the basis of these very laws and rules. Thus, the ''qāḍī'' was chosen from amongst those who had mastered the sciences of jurisprudence and law. The Abbasid caliphs created the office of "chief ''qāḍī''" (''qāḍī al-quḍāh''), whos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fatwa
A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a '' mufti'', and the act of issuing fatwas is called ''iftāʾ''. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era. Resembling ''jus respondendi'' in Roman law and rabbinic ''responsa'', privately issued fatwas historically served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, public and political fatwas were issued to take a stand on doctrinal controversies, legitimize government policies or articulate grievances of the population. During the era of European colonialism, fatwas played a part in mobilizing resistance to foreign domination. Muftis acted as independent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ulama
In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious knowledge in Islam, including Islamic doctrine and law. By longstanding tradition, ulama are educated in religious institutions ''(madrasas)''. The Quran and sunnah (authentic hadith) are the scriptural sources of traditional Islamic law. Traditional way of education Students do not associate themselves with a specific educational institution, but rather seek to join renowned teachers. By tradition, a scholar who has completed his studies is approved by his teacher. At the teacher's individual discretion, the student is given the permission for teaching and for the issuing of legal opinions ''( fatwa)''. The official approval is known as the '' ijazat at-tadris wa 'l-ifta'' ("license to teach and issue legal opinions"). Through time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Muamalat
''Muamalat'' (also ''muʿāmalāt,'' ar, , literally "transactions" TBE, "CHAPTER A1, INTRODUCTION TO ISLAMIC MUAMALAT", 2012: p.6 or "dealings") is a part of Islamic jurisprudence, or ''fiqh''. Sources agree that ''muamalat'' includes Islamic "rulings governing commercial transactions" and Majallah al-Ahkam al-Adliyyah). JALIL, et. al., ''FOUR INTRODUCTORY THEORIES OF FIQH MUAMALAT'': p.8 However, other sources (Oxford Islamic Studies Online, Brian Kettell, and Wahbah al-Zuhayli’) give it a broader definition including civil acts and in general all aspects of fiqh that are not '' Ibadat'' (acts of ritual worship such as prayer or fasting). (See organizational chart of the structure of Islam below in "Principles" section.) Chik, ''Shariah in Islamic Finance'': p.5 Lee, "Islamic Banking Law", 2015: p.29 ''Mu'amalat'' provides much of the basis for Islamic economics, and the instruments of Islamic financing, and deals not only with Islamic legality but also social and econ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ibadah
''Ibadah'' ( ar, , ''‘ibādah'', also spelled ''ibada'') is an Arabic word meaning service or servitude. In Islam, ''ibadah'' is usually translated as "worship", and ''ibadat''—the plural form of ''ibadah''—refers to Islamic jurisprudence (''fiqh'') of Muslim religious rituals. Ibadah In Arabic ''ibadah'' is connected with related words such as "Ubudiyyah" ("slavery"), and has connotations of obedience, submission, and humility. The word linguistically means "obedience with submission". In Islam, ''ibadah'' is usually translated as "worship" and means obedience, submission, and devotion to God. Other sources (noted Islamist author Abul A'la Maududi and others) give a broader definition of ''ibadah'', including keeping speech free "from filth, falsehood, malice, abuse", and dishonesty, obeying Islamic Shariah law in "commercial and economic affairs" and in "dealings with your parents, relatives, friends", and everyone else. Ibadat ''Ibadat'' () is the plural for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shia Islam
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most notably at the event of Ghadir Khumm, but was prevented from succeeding Muhammad as the leader of the Muslims as a result of the choice made by some of Muhammad's other companions (''ṣaḥāba'') at Saqifah. This view primarily contrasts with that of Sunnī Islam, whose adherents believe that Muhammad did not appoint a successor before his death and consider Abū Bakr, who was appointed caliph by a group of senior Muslims at Saqifah, to be the first rightful (''rāshidūn'') caliph after Muhammad. Adherents of Shīʿa Islam are called Shīʿa Muslims, Shīʿītes, or simply Shīʿa or Shia. Shīʿa Islam is based on a ''ḥadīth'' report concerning Muhammad's pronouncement at Ghadir Khumm.Esposito, John. "What Everyone Nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ja'fari Jurisprudence
Jaʿfarī jurisprudence ( ar, الفقه الجعفري; also called Jafarite in English), Jaʿfarī school or Jaʿfarī fiqh, is the school of jurisprudence (''fiqh'') in Twelver and Ismaili (including Nizari) Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. In Iran, Jaʽfari jurisprudence is enshrined in the constitution. It differs from the predominant madhhabs of Sunni jurisprudence in its reliance on '' ijtihad'', as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowing of temporary marriage or '' mutʿa''. Since 1959, Jaʿfari jurisprudence has been afforded the status of "fifth school" along with the four Sunni schools by Azhar University. In addition, it is one of the eight recognized ''madhhabs'' listed in the Amman Message of 2004 by the Jordanian monarch, and since endorsed by Sadiq al-Mahdi, former Prime Minister of Sudan. Branches Usuli This school of thought utilizes ijtihad by adopting reasoned argumen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanbali
The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal (d. 855), and was institutionalized by his students. The Hanbali madhhab is the smallest of four major Sunni schools, the others being the Hanafi, Maliki and Shafi`i. The Hanbali school derives '' sharia'' primarily from the ''Qur'an'', the ''Hadiths'' (sayings and customs of Muhammad), and the views of Sahabah (Muhammad's companions). In cases where there is no clear answer in sacred texts of Islam, the Hanbali school does not accept '' istihsan'' (jurist discretion) or '''urf'' (customs of a community) as a sound basis to derive Islamic law, a method that Hanafi and Maliki Sunni '' madh'habs'' accept. Hanbali school is the strict traditionalist school of jurisprudence in Sunni Islam. It is found primarily in the countries of Saudi Ara ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shafi'i
The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by Arab theologian Muḥammad ibn Idrīs al-Shāfiʿī, "the father of Muslim jurisprudence", in the early 9th century. The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafii recognize the First Four Caliphs as the Islamic prophet Muhammad’s rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving ( the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
