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Sources Of Sharia Law
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 ... [...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] |
Sahabah
The Companions of the Prophet ( ar, اَلصَّحَابَةُ; ''aṣ-ṣaḥāba'' meaning "the companions", from the verb meaning "accompany", "keep company with", "associate with") were the disciples and followers of Muhammad who saw or met him during his lifetime, while being a Muslim and were physically in his presence. "Al-ṣaḥāba" is definite plural; the indefinite singular is masculine ('), feminine ('). Later Islamic scholars accepted their testimony of the words and deeds of Muhammad, the occasions on which the Quran was revealed and other various important matters of Islamic history and practice. The testimony of the companions, as it was passed down through trusted chains of narrators (''isnad''s), was the basis of the developing Islamic tradition. From the traditions (''hadith'') of the life of Muhammad and his companions are drawn the Muslim way of life (''sunnah''), the code of conduct (''sharia'') it requires, and the jurisprudence (''fiqh'') by which M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ijtihad
''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with ''taqlid'' (imitation, conformity to legal precedent). According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (''usul al-fiqh''), and is not employed where authentic and authoritative texts (Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''ijma''). ''Ijtihad'' is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ''ijtihad'' is called as a "'' mujtahid''". Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Akhbari
The ʾAkhbāri's ( ar, أخباریون, fa, اخباریان) are a minority of Twelver Shia Muslims who reject the use of reasoning in deriving verdicts, and believe in Quran and Hadith. The term ʾAkhbāri's (from ''khabāra'', news or report) is usually used in contrast to Usuli (from ''Uṣūl al-fiqh'', principles of Islamic jurisprudence). Unlike Usulis, Akhbaris do not follow or do Taqleed of a Mujtahid, the '' marja‘''s (models for imitation) who practice modern form of ijtihad (independent legal reasoning); consequently they do not accept Usul al-fiqh. Akhbaris perform Taqleed of Imam Muhammad al-Mahdi the Twelfth Imam of Shias who is in the Occultation. They say Taqleed is permissible when it is performed of an infallible Hujja, whereas they consider Taqleed to be forbidden when it is performed of a non-Infallible. Contrary to Usulis, Akhbaris believe in the perpetuity of Sharia from only the infalibles, so the right to interpret the Quran is only to 14 infallib ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usul Al-fiqh
Principles of Islamic jurisprudence, also known as ''uṣūl al-fiqh'' ( ar, أصول الفقه, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''sharia''). Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus ('' ijmaʿ'') and analogical reasoning ('' qiyas''). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
'aql
‘Aql ( ar, عقل, meaning "intellect"), is an Arabic language term used in Islamic philosophy or theology for the intellect or the rational faculty of the soul or mind. It is the normal translation of the Greek term ''nous''. In jurisprudence, it is associated with using reason as a source for ''sharia'' "religious law" and has been translated as "dialectical reasoning". History In Islam, the term ‘aql was heavily elucidated by early Shī‘ah thinkers; it came to replace and expand the pre-Islamic concept of ''ḥilm'' ( ar, حلم) "serene justice and self-control, dignity" in opposition to the negative notions of ignorance (''jahl'') and stupidity (''safah''). The "possessor of ‘aql", or ''al-‘āqīl'' (plural ''al-‘uqqāl'') realises a deep connection with God. Jaʿfar aṣ-Ṣādiq (d. 765, notably an Imām) described this connection as a realisation that God loves some, that God is truth and that only ''‘ilm'' "sacred knowledge" and its development can help h ... [...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 argumentation in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usuli
Usulis ( ar, اصولیون, fa, اصولیان) are the majority Twelver Shi'a Muslim group. They differ from their now much smaller rival Akhbari group in favoring the use of ''ijtihad'' (i.e., reasoning) in the creation of new rules of ''fiqh''; in assessing hadith to exclude traditions they believe unreliable; and in considering it obligatory to obey a '' mujtahid'' when seeking to determine Islamically correct behavior. Since the crushing of the Akhbaris in the late 18th century, it has been the dominant school of Twelver Shi'a and now forms an overwhelming majority within the Twelver Shia denomination. The name ''Usuli'' derives from the term '' Uṣūl al-fiqh'' (principles of jurisprudence). In Usuli thought, there are four valid sources of law: the Quran, hadith, ijma' and 'aql. Ijma' refers to a unanimous consensus. Aql, in Shia jurisprudence, is applied to four practical principles which are applied when other religious proofs are not applicable: ''bara'at'' (immu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shia
Shīʿa Islam or Shīʿīsm is the second-largest Islamic schools and branches, branch of Islam. It holds that the Prophets and messengers in Islam, Islamic prophet Muhammad in Islam, Muhammad designated Ali, ʿAlī ibn Abī Ṭālib as his Succession to Muhammad, successor (''khalīfa'') and the Imamah (Shia doctrine), 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 Companions of the Prophet, Muhammad's other companions (''ṣaḥāba'') at Saqifah. This view primarily contrasts with that of Sunni Islam, Sunnī Islam, whose adherents believe that Muhammad did not appoint a successor before Death of Muhammad, his death and consider Abu Bakr, Abū Bakr, who was appointed caliph by a group of senior Muslims at Saqifah, to be the first Rashidun, rightful (''rāshidūn'') caliph after Muhammad. Adherents of Shīʿa Islam are c ... [...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] |
Hadith
Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval of the Islamic prophet Muhammad as transmitted through chains of narrators. In other words, the ḥadīth are transmitted reports attributed to what Muhammad said and did. Hadith have been called by some as "the backbone" of Islamic civilization, J.A.C. Brown, ''Misquoting Muhammad'', 2014: p.6 and for many the authority of hadith as a source for religious law and moral guidance ranks second only to that of the Quran (which Muslims hold to be the word of God revealed to Muhammad). Most Muslims believe that scriptural authority for hadith comes from the Quran, which enjoins Muslims to emulate Muhammad and obey his judgements (in verses such as , ). While the number of verses pertaining to law in the Quran is relatively few, hadith are co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
