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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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Mufti
A Mufti (; ar, مفتي) is an Islamic jurist qualified to issue a nonbinding opinion ('' fatwa'') on a point of Islamic law (''sharia''). The act of issuing fatwas is called ''iftāʾ''. Muftis and their ''fatwas'' played an important role throughout Islamic history, taking on new roles in the modern era. Tracing its origins to the Quran and early Islamic communities, the practice of ''ifta'' crystallized with the emergence of the traditional legal theory and schools of Islamic jurisprudence (''madhahib''). In the classical legal system, fatwas issued by muftis in response to private queries served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population. Traditionally, a mufti was seen as a scholar of upright character wh ...
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Mufti
A Mufti (; ar, مفتي) is an Islamic jurist qualified to issue a nonbinding opinion ('' fatwa'') on a point of Islamic law (''sharia''). The act of issuing fatwas is called ''iftāʾ''. Muftis and their ''fatwas'' played an important role throughout Islamic history, taking on new roles in the modern era. Tracing its origins to the Quran and early Islamic communities, the practice of ''ifta'' crystallized with the emergence of the traditional legal theory and schools of Islamic jurisprudence (''madhahib''). In the classical legal system, fatwas issued by muftis in response to private queries served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population. Traditionally, a mufti was seen as a scholar of upright character wh ...
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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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Sunni
Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagreement over the succession to Muhammad and subsequently acquired broader political significance, as well as theological and juridical dimensions. According to Sunni traditions, Muhammad left no successor and the participants of the Saqifah event appointed Abu Bakr as the next-in-line (the first caliph). This contrasts with the Shia view, which holds that Muhammad appointed his son-in-law and cousin Ali ibn Abi Talib as his successor. The adherents of Sunni Islam are referred to in Arabic as ("the people of the Sunnah and the community") or for short. In English, its doctrines and practices are sometimes called ''Sunnism'', while adherents are known as Sunni Muslims, Sunnis, Sunnites and Ahlus Sunnah. Sunni Islam is sometimes referre ...
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Madhhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence). The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is considered to be endangered, continues to exer ...
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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 ...
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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 ...
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Twelver Shia
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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Ijaza
An ''ijazah'' ( ar, الإِجازَة, "permission", "authorization", "license"; plural: ''ijazahs'' or ''ijazat'') is a license authorizing its holder to transmit a certain text or subject, which is issued by someone already possessing such authority. It is particularly associated with transmission of Islamic religious knowledge. The license usually implies that the student has acquired this knowledge from the issuer of the ''ijaza'' through first-hand oral instruction, although this requirement came to be relaxed over time. An ''ijaza'' providing a chain of authorized transmitters going back to the original author often accompanied texts of ''hadith'', ''fiqh'' and ''tafsir''; but also appeared in mystical, historical, and philological works, as well as literary collections. While the ''ijaza'' is primarily associated with Sunni Islam, the concept also appears in the hadith traditions of Twelver Shia. George Makdisi, professor of oriental studies, theorized that the ''ijazah' ...
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Jewish Law
''Halakha'' (; he, הֲלָכָה, ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws which is derived from the Torah, written and Oral Torah. Halakha is based on biblical commandments (''Mitzvah, mitzvot''), subsequent Talmudic and Mitzvah#Rabbinic mitzvot, rabbinic laws, and the customs and traditions which were compiled in the many books such as the ''Shulchan Aruch''. ''Halakha'' is often translated as "Jewish law", although a more literal translation of it might be "the way to behave" or "the way of walking". The word is derived from the Semitic root, root which means "to behave" (also "to go" or "to walk"). ''Halakha'' not only guides religious practices and beliefs, it also guides numerous aspects of day-to-day life. Historically, in the Jewish diaspora, ''halakha'' served many Jewish communities as an enforceable avenue of law – both Civil law (legal system), civil a ...
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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 ...
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Law Quarterly Review
The ''Law Quarterly Review'' is a peer-reviewed academic journal covering common law throughout the world. It was established in 1885 and is published by Sweet & Maxwell. It is one of the leading law journals in the United Kingdom. History The ''LQR''s founding editor was Frederick Pollock, then Corpus Professor of Jurisprudence at the University of Oxford. Founded in 1885, it is one of the oldest law journals in the English-speaking world, after only the ''University of Pennsylvania Law Review'' and the ''South African Law Journal''. The editors' intention was that the journal would help to establish law as a worthy field of academic study. In this purpose it has "triumphed". In the first volume alone its contributors included, in addition to Pollock himself, Sir William Anson, Albert Venn Dicey, and Thomas Erskine Holland, each of whom had assisted in the founding of the journal, as well as Oliver Wendell Holmes, F. W. Maitland, T. E. Scrutton (later Lord Justice), Jame ...
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