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Shari'a
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tazir
In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ar, تعزير) refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.Tazir Oxford Islamic Studies, Oxford University Press It is one of three major types of punishments or sanctions under Islamic law — '''', '''' and ''ta'zir''. The punishments for the offenses are fixed by the [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
Divine Law
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or godsin contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws, sometimes due to an assumption that their source has resources beyond human knowledge and human reason. Believers in divine laws might accord them greater authority than other laws, for example by assuming that divine law cannot be changed by human authorities. According to Chaniotis, Divine laws are noted for their apparent inflexibility. The introduction of interpretation into divine law is a controversial issue, since believers place high significance on adhering to the law precisely. Opponents to the application of divine law typically deny that it is purely divine and point out human influences in the law. These opponents characterize such laws as belonging to a particular cultural tradition. Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
