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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 crimes are ...
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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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Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ''Allah'') as it was revealed to Muhammad, the Muhammad in Islam, main and final Islamic prophet.Peters, F. E. 2009. "Allāh." In , edited by J. L. Esposito. Oxford: Oxford University Press. . (See alsoquick reference) "[T]he Muslims' understanding of Allāh is based...on the Qurʿān's public witness. Allāh is Unique, the Creator, Sovereign, and Judge of mankind. It is Allāh who directs the universe through his direct action on nature and who has guided human history through his prophets, Abraham, with whom he made his covenant, Moses/Moosa, Jesus/Eesa, and Muḥammad, through all of whom he founded his chosen communities, the 'Peoples of the Book.'" It is the Major religious groups, world's second-largest religion behind Christianity, w ...
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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 s ...
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Qisas
''Qisas'' or ''Qiṣāṣ'' ( ar, قِصَاص, Qiṣāṣ, lit=accountability, following up after, pursuing or prosecuting) is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, " eye for an eye", or retributive justice. In classical/traditional Islamic law (''sharia''), the doctrine of qisas provides for a punishment analogous to the crime. The principle of qisas in ancient societies meant that the person who committed a crime or the tribe he belonged to was punished in the same way as the crime committed. That is, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since the ''principle of individual responsibility'' did not exist in ancient societies, someone else (such as his closest relative) could be punished instead of the criminal. Most time, it was ignored whether the act was a deliberate act, a life or ''blood cost'' was charged for each life. The ...
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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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Principles Of Islamic Jurisprudence
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 ...
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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 ...
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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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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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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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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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Quran
The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, God. It is organized in 114 surah, chapters (pl.: , sing.: ), which consist of āyah, verses (pl.: , sing.: , construct case, cons.: ). In addition to its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic language. Muslims believe that the Quran was orally revealed by God to the Khatam an-Nabiyyin, final prophet, Muhammad in Islam, Muhammad, through the archangel Gabriel incrementally over a period of some 23 years, beginning in the month of Ramadan, when Muhammad was 40; and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important miracle; a proof of his prophethood; and the culmination of a series of divine message ...
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