Islamic Law
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Islamic Law
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 crimes ar ...
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Religious Law
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law. Examples of religiously derived legal codes include Christian canon law (applicable within a wider theological conception in the church, but in modern times distinct from secular state law), Jewish ''halakha'', Islamic '' sharia'', and Hindu law. Established religions and religi ...
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Umayyads
Umayyads may refer to: *Umayyad dynasty, a Muslim ruling family of the Caliphate (661–750) and in Spain (756–1031) *Umayyad Caliphate (661–750) :*Emirate of Córdoba (756–929) :*Caliphate of Córdoba The Caliphate of Córdoba ( ar, خلافة قرطبة; transliterated ''Khilāfat Qurṭuba''), also known as the Cordoban Caliphate was an Islamic state ruled by the Umayyad dynasty from 929 to 1031. Its territory comprised Iberia and parts o ...
(929–1031) {{dab ...
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John Esposito
John Louis Esposito (born May 19, 1940) is an Italian-American academic, professor of Middle Eastern and religious studies, and scholar of Islamic studies, who serves as Professor of Religion, International Affairs, and Islamic Studies at Georgetown University in Washington, D.C. He is also the founding director of the Prince Alwaleed Center for Muslim–Christian Understanding at Georgetown. Biography For nearly twenty years after completing his Ph.D., Esposito had taught Religious studies (including Hinduism, Buddhism, and Islam) at the College of the Holy Cross, a Jesuit college in Massachusetts. At the College of the Holy Cross, Esposito held the Loyola Professor of Middle East Studies position, was the chair of the Department of Religious Studies, and director of the College of the Holy Cross' Center for International Studies.Bi ...
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Ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah. Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of ''ijma'' (i.e., lack of consensus on a point of Islamic law) is called ''ikhtilaf''. Proof of the validity of Ijma In the Quran Imam Al-Shafi'i was once approached by an old man and was asked rearding proof of Ijma fro ...
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Twelver
Twelver Shīʿīsm ( ar, ٱثْنَا عَشَرِيَّة; '), also known as Imāmīyyah ( ar, إِمَامِيَّة), is the largest branch of Shīʿa Islam, comprising about 85 percent of all Shīʿa Muslims. The term ''Twelver'' refers to its adherents' belief in twelve divinely ordained leaders, known as the Twelve Imams, and their belief that the last Imam, Imam al-Mahdi, lives in Occultation and will reappear as ''The promised Mahdi'' ( ar, المهدي المنتظر). According to the Shīʿa tradition, the Mahdi's tenure will coincide with the Second Coming of Jesus (ʿĪsā), who, along with Mahdi, would kill the Dajjal. Twelvers believe that the Twelve Imams are the spiritual and political successors to the Islamic prophet Muhammad. According to the theology of Twelvers, the Twelve Imams are exemplary human individuals who not only rule over the Muslim community (''Ummah'') with justice, but are also able to preserve and interpret the Islamic law (''sharīʿa'' ...
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Qiyas
In Islamic jurisprudence, qiyas ( ar, قياس , "analogy") is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction ('' nass'') to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes (, ''ʿillah''). The ʿillah is the specific set of circumstances that trigger a certain law into action. An example of the use of qiyās is the case of the ban on selling or buying of goods after the last call for Friday prayers until the end of the prayer stated in the . By analogy this prohibition is extended to other transactions and activities such as agricultural work and administration. Among Sunni Muslims, Qiyas has bee ...
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Sunnah
In Islam, , also spelled ( ar, سنة), are the traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time evidently saw and followed and passed on to the next generations. According to classical Islamic theories, the sunnah are documented by hadith (the verbally transmitted record of the teachings, deeds and sayings, silent permissions or disapprovals of Muhammad), and along with the Quran (the book of Islam), are the divine revelation ('' Wahy'') delivered through Muhammad Brown, ''Rethinking tradition in modern Islamic thought'', 1996: p.7 that make up the primary sources of Islamic law and belief/theology. Differing from Sunni classical Islamic theories are those of Shia Muslims, who hold that the Twelve Imams interpret the sunnah, and Sufi who hold that Muhammad transmitted the values of sunnah "through a series of Sufi teachers." According to Muslim belief, Muhammad was the ...
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Sources Of Sharia
Various sources of Islamic Laws are used by Islamic jurisprudence to elaborate the body of Islamic law. In Sunni Islam, the scriptural sources of traditional jurisprudence are the Holy Qur'an, believed by Muslims to be the direct and unaltered word of God, and the Sunnah, consisting of words and actions attributed to the Islamic prophet Muhammad in the hadith literature. In Shi'ite jurisprudence, the notion of Sunnah is extended to include traditions of the Imams. Since legally relevant material found in Islamic scriptures did not directly address all the questions pertaining to Sharia that arose in Muslim communities, Islamic jurists developed additional methods for deriving legal rulings. According to Sunni schools of law, secondary sources of Islamic law are consensus, the exact nature of which bears no consensus itself; analogical reason; seeking the public interest; juristic discretion; the rulings of the first generation of Muslims; and local customs. Hanafi school ...
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Hijab
In modern usage, hijab ( ar, حجاب, translit=ḥijāb, ) generally refers to headcoverings worn by Muslim women. Many Muslims believe it is obligatory for every female Muslim who has reached the age of puberty to wear a head covering. While such headcoverings can come in many forms, hijab often specifically refers to a cloth wrapped around the head, neck and chest, covering the hair and neck but leaving the face visible. The term was originally used to denote a partition, a curtain, or was sometimes used for the Islamic rules of modesty. This is the usage in the verses of the Qur'an, in which the term ''hijab'' sometimes refers to a curtain separating visitors to Muhammad's main house from his wives' residential lodgings. This has led some to claim that the mandate of the Qur'an applied only to the wives of Muhammad, and not to the entirety of women. Another interpretation can also refer to the seclusion of women from men in the public sphere, whereas a metaphysical dimens ...
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Rajm
Rajm ( ar, رجم; meaning stoning)E. Ann Black, Hossein Esmaeili and Nadirsyah Hosen (2014), Modern Perspectives on Islamic Law, , pp. 222-223Rudolph Peters, Crime and Punishment in Islamic Law, Cambridge University Press, , pp. 37 in Islam refers to the ''Hudud'' punishment wherein an organized group throws stones at a convicted individual until that person dies. Under some versions of Islamic law (Sharia), it is the prescribed punishment in cases of adultery committed by a married man or married woman. The conviction requires a confession from either the adulterer/adulteress, or pregnancy outside of marriage under certain circumstances in Maliki school.Muhsan
The Oxford Dictionary of Islam (2012)
Ismail Poonwala (2007), The Pillars of Islam: Laws pertaining to human intercourse, Oxford University Press, , pp. ...
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Hudud
''Hudud'' (Arabic: ''Ḥudūd'', also transliterated ''hadud'', ''hudood''; plural of ''hadd'', ) is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law ( sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam,Wael Hallaq (2009), ''An introduction to Islamic law'', p.173. Cambridge University Press. . and their use in some modern states has been a source of controversy. Traditional Islamic jurisprudence divides crimes into offenses against God and those against man. The former are seen to violate God's ''hudud'' or "boundaries", and they are associated with punishments specified in the Quran and in some cases inferred from hadith. The offenses incurring ''hudud'' punishments are ''zina'' (unlawful sexual intercourse such as fornication), unfounded accusations of ''zina'', drinking alcohol, highway robbery, and some forms of theft. Jurists have differed ...
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