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''Fiqh'' (; ar} ) is
Islam Islam (; ar, اَلْإِسْلَامُ, al-’Islām, "submission
o God Oh God may refer to: * An exclamation; similar to "oh no", "oh yes", "oh my", "aw goodness", "ah gosh", "ah gawd"; see interjection An interjection is a word or expression that occurs as an utterance on its own and expresses a spontaneous feeling o ...
) is an religion teaching that is a of .Peters, F. E. 2009. "Allāh." In , edited by J. L. Esposito. Oxford: . . (See alsoquick reference) " e Muslims' und ...
ic
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. ...
.Fiqh
Encyclopædia Britannica
''Fiqh'' is often described as the human understanding and practices of the ''
sharia Sharia (, ar, ), Islamic law, or Sharia law, is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, derived from the hadith. In Arabic, the term ''sharīʿah'' refers to God in Islam, G ...
,'' that is human understanding of the divine Islamic law as revealed in the
Quran The Quran (, ; ar, القرآن , "the recitation"), also romanized Qur'an or Koran, is the central religious text Religious texts are texts related to a religious tradition. They differ from literary texts by being a compilation or di ...

Quran
and the ''
Sunnah In Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is pronounced , or (when the stress is on the first ...
'' (the teachings and practices of the
Islamic prophet Prophets in Islam ( ar, الأنبياء في الإسلام, translit=al-ʾAnbiyāʾ fī al-ʾIslām) are individuals in Islam who are believed to spread God in Islam, God's message on Earth and to serve as models of ideal human behaviour. Som ...
Muhammad Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger of Allah, The Prophet Muhammad, Allah's Apostle, Last Prophet of Islam, and others; there are also many variant spellings of Muhammad, such as Mohamet, Mohammed, ...
and his companions). Fiqh expands and develops Shariah through interpretation (''
ijtihad ''Ijtihad'' ( ar, اجتهاد ', ; lit. physical or mental ''effort'', expended in a particular activity) is an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to ...
'') of the Quran and ''Sunnah'' by Islamic jurists (''
ulama In Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is pronounced , or (when the stress is on the fir ...
'') and is implemented by the rulings (''
fatwa A fatwā (, also ; ar, فتوىٰ; plural ''fatāwā'' ) is a nonbinding legal opinion In law, a legal opinion is in certain jurisdictions a written explanation by a judge A judge is a person who wiktionary:preside, presides over court pr ...

fatwa
'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as political system. In the modern era, there are four prominent schools (''
madh'hab A ' ( ar, مذهب ', , "way to act") is a school of thought within ''fiqh ''Fiqh'' (; ar} ) is Islamic jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nat ...

madh'hab
'') of ''fiqh'' within
Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves of a tree. A branch ( or , ) or tree branch (sometimes referred to in botany as a ramus) is a woody structural member connected to but not part o ...
practice, plus two (or three) within
Shi'a Shia Islam or Shi'ism is one of the two main branches of Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ...
practice. A person trained in ''fiqh'' is known as a ''
faqīh A faqīh (plural ''fuqahā'', ar, فقيه, pl. فقهاء) is an Islamic jurist, an expert in ''fiqh ''Fiqh'' (; ar} ) is Islamic jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisp ...
'' (plural ''fuqaha''). Figuratively, ''fiqh'' means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the ''
mujtahid ''Ijtihad'' ( ar, اجتهاد ', ; lit. physical or mental ''effort'', expended in a particular activity) is an Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the ...
'' (an individual who exercises ''ijtihad'') to have a deep understanding in the different discussions of jurisprudence. A ''faqīh'' must look deep down into a matter and not content himself with just the apparent meaning, and a person who only knows the appearance of a matter is not qualified as a ''faqīh''. The studies of ''fiqh'', are traditionally divided into ''Uṣūl al-fiqh'' (
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 ('' ...
, lit. the roots of fiqh, alternatively transliterated as ''Usool al-fiqh''), the methods of legal interpretation and analysis; and ''Furūʿ al-fiqh'' (lit. the branches of fiqh), the elaboration of rulings on the basis of these principles. ''Furūʿ al-fiqh'' is the product of the application of ''Uṣūl al-fiqh'' and the total product of human efforts at understanding the divine will. A ''
hukm ''Ahkam'' (, ar, أحكام "rulings", plural of ()) is an Islamic term with several meanings. In the Quran, the word ''hukm'' is variously used to mean arbitration, judgement, authority, or God God, in monotheistic thought, is conceived o ...
'' (plural ''aḥkām'') is a particular ruling in a given case.


Etymology

The word ''fiqh'' is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the
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 ('' ...
) and the process of gaining knowledge of Islam through jurisprudence. The historian
Ibn Khaldun Ibn Khaldun (; ar, أبو زيد عبد الرحمن بن محمد بن خلدون الحضرمي, ; 27 May 1332 – 17 March 1406) was an Arab The Arabs (singular Arab ; singular ar, عَرَبِيٌّ, ISO 233: , Arabic pronunciation: , ...
describes ''fiqh'' as "knowledge of the rules of God which concern the actions of persons who own themselves connected to obey the law respecting what is required (''
wajib ' ( ar, wikt:فرض, فرض) or ' () or fardh in Islam is a religious duty commanded by God. The word is also used in Urdu language, Urdu, Persian language, Persian, Pashto language, Pashto, Turkish language, Turkish (''spelled farz''), and Malay ...
''), sinful (''
haraam ''Haram'' (; ar, حَرَام, , ) is an Arabic term meaning ‘forbidden’. This may refer to: either something sacred Sacred describes something that is dedicated or set apart for the service or worship of a deity A deity or god is ...
''), recommended ('' mandūb''), disapproved (''
makrūh In Islamic terminology, something which is ''makruh'' ( ar, مكروه, transliteration, transliterated: ''makrooh'' or ''makrūh'') is a disliked or offensive act (literally "detestable" or "abominable"). This is one of the Ahkam, five categories ...
'') or neutral (''
mubah ''Mubah'' (Arabic Arabic (, ' or , ' or ) is a Semitic language The Semitic languages are a branch of the Afroasiatic language family originating in the Middle East The Middle East is a list of transcontinental countries, trans ...
'')". This definition is consistent amongst the jurists. In
Modern Standard Arabic Modern Standard Arabic (MSA) or Modern Written Arabic (shortened to MWA), terms used mostly by Western linguists, is the variety of standardized Standardization or standardisation is the process of implementing and developing technical standa ...
, ''fiqh'' has also come to mean Islamic jurisprudence. It is not thus possible to speak of
Chief Justice The chief justice is the Chief judge, presiding member of a supreme court in any of many countries with a justice system based on English common law, such as the High Court of Australia, the Supreme Court of Canada, the Supreme Court of Ghana, the ...
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist serving as the 17th since 2005. Roberts has authored the majority opinion in several s, including ', ', ', ', and '. He has been described as having a conservat ...

John Roberts
as an expert in the
common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dictionary used among legal profe ...
''fiqh'' of the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country in . It consists of 50 , a , five major , 326 , and some . At , it is the world's . The United States shares significan ...

United States
, or of
Egypt Egypt ( ar, مِصر, Miṣr), officially the Arab Republic of Egypt, is a spanning the and the of . It is bordered by the to , the () and to , the to the east, to , and to . In the northeast, the , which is the northern arm of the R ...

Egypt
ian legal scholar
Abd El-Razzak El-Sanhuri Abd el-Razzak el-Sanhuri or ‘Abd al-Razzāq al-Sanhūrī ( ar, عبد الرزاق السنهوري) (11 August 1895 – 21 July 1971) was an Egyptian jurist A jurist is a person with expert knowledge of law; someone who analyses and commen ...
as an expert in the civil law ''fiqh'' of Egypt.


History

According to traditional Islamic history, Islamic law followed a chronological path of: *
Allah Allah (; ar, الله, translit=Allāh, ) is the word for . In the English language, the word generally refers to . The word is thought to be derived by from ''-'', which means "the god", and is linguistically related to ' (') and ', the ...

Allah
->
Muhammad Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger of Allah, The Prophet Muhammad, Allah's Apostle, Last Prophet of Islam, and others; there are also many variant spellings of Muhammad, such as Mohamet, Mohammed, ...

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 Ḥadīth ( or ; ar, حديث , pl. aḥādīth, , , , literally means "talk" or "discourse") or Athar ( ar, أثر, , literally means "tradition") in Islam refers to what the majority of believe to be a record of the words, actions, and ...

hadith
). The first Muslims (the
Sahabah Ottoman_miniature.html"_;"title="Muhammad_and_his_companions_on_an_Ottoman_miniature">Muhammad_and_his_companions_on_an_Ottoman_miniature_ Companions_of_the_Prophet_or_'_(_ar.html" ;"title="Ottoman_miniature_.html" ;"title="Ottoman_miniature.h ...
or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''
Tabi'un The tābi‘ūn ( ar, اَلتَّابِعُونَ, also accusative or genitive tābi‘īn , singular ''tābi‘'' ), "followers" or "successors", are the generation of Muslim Muslims () are people who follow or practice Islam, a Monotheism, ...
'' and ''
Tabi' al-Tabi'in The Tābiʿū al-Tābʿīn ( ar, تَابِعُو ٱلتَّابِعِينَ, singular ar, تَابِعُ ٱلتَّابِعِينَ) is the generation after the Tābi‘ūn in Islam Islam (;There are ten pronunciations of ''Islam'' in E ...
'' 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 Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger of Allah, The Prophet Muhammad, Allah's Apostle, Last Prophet of Islam, and others; there are also many variant spellings of Muhammad, such as Mohamet, Mohammed, ...
in 11 AH. *second period "characterized by personal interpretations" of the canon by the ''
Sahabah Ottoman_miniature.html"_;"title="Muhammad_and_his_companions_on_an_Ottoman_miniature">Muhammad_and_his_companions_on_an_Ottoman_miniature_ Companions_of_the_Prophet_or_'_(_ar.html" ;"title="Ottoman_miniature_.html" ;"title="Ottoman_miniature.h ...
'' or companions of Muhammad, lasting until 50 AH. *from 50 AH until the early second century AH there was competition between "a traditionalist approach to jurisprudence" in where Islam was revealed and a "rationalist approach in Iraq". *the "golden age of classical Islamic jurisprudence" from the "early second to the mid-fourth century when the eight "most significant" schools of Sunni and
Shi'i Shia Islam or Shi'ism is one of the two main branches of Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ...
jurisprudence emerged." *from the mid-fourth century to mid-seventh AH Islamic jurisprudence was "limited to elaborations within the main juristic schools". *the "dark age" of Islamic jurisprudence stretched from the fall of Baghdad in the mid-seventh AH (1258 CE) to 1293 AH/1876 CE. *In 1293 AH (1876 CE) the Ottomans codified
Hanafi The Hanafi school ( ar, حَنَفِي, translit=Ḥanafī) is one of the four traditional major Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves of a tree. A branch ( or , ) or tree b ...
jurisprudence in the '' Majallah el-Ahkam-i-Adliya''. Several "juristic revival movements" influenced by "exposure to Western legal and technological progress" followed until the mid-20th century CE.
Muhammad Abduh ; "The Theology of Unity") , alma_mater = Al-Azhar University , Sufi_order = , disciple_of = , awards = , influences = Jamal ad-Din al-Afghani , influenced = Rashid Rida, Abul Kalam Aza ...

Muhammad Abduh
and
Abd El-Razzak El-Sanhuri Abd el-Razzak el-Sanhuri or ‘Abd al-Razzāq al-Sanhūrī ( ar, عبد الرزاق السنهوري) (11 August 1895 – 21 July 1971) was an Egyptian jurist A jurist is a person with expert knowledge of law; someone who analyses and commen ...
were products of this era. *The most recent era has been that of the "
Islamic revival Islamic revival ( ar, تجديد'' '', lit., "regeneration, renewal"; also ', "Islamic awakening") refers to a revival of the Islamic religion. The revivers are known in Islam as ''Mujaddids''. Within the Islamic tradition, ''tajdid'' has been an ...
", which has been "predicated on rejection of Western social and legal advances" and the development of specifically Islamic states, social sciences, economics, and finance. The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with issues of authority and teaching than with theory and methodology.Weiss, Bernard G. (2002). ''Studies in Islamic Legal Theory'', edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. pp. 3, 161.) Progress in theory and methodology happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767–820), who codified the basic principles of Islamic jurisprudence in his book ''ar-Risālah''. The book details the four roots of law (
Qur'an The Quran (, ; ar, القرآن , "the recitation"), also romanized Qur'an or Koran, is the central religious text Religious texts are texts related to a religious tradition. They differ from literary texts by being a compilation or di ...

Qur'an
,
Sunnah In Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is pronounced , or (when the stress is on the first ...
, ''
ijma Ijmāʿ ( ar, إجماع) is an Arabic term referring to the consensus Consensus decision-making or consensus politics (often abbreviated to ''consensus'') is group decision-making processes in which participants develop and decide on prop ...
'', and ''
qiyas In Islamic jurisprudence ''Fiqh'' (; ar} ) is Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is p ...

qiyas
'') while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.Weiss, Bernard G. (2002). ''Studies in Islamic Legal Theory'', edited by Bernard G. Weiss, (Leiden: E. J. Brill, 2002. p. 162.) Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference (''
istihsan ' (Arabic Arabic (, ' or , ' or ) is a Semitic language that first emerged in the 1st to 4th centuries CE.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet ...
''), laws of the previous prophets ('' shara man qablana''), continuity (''
istishab Istishab ( ar, استصحاب ) is an Islamic term used in the jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide ...
''), extended analogy ('' maslaha mursala''), blocking the means (''
sadd al-dhari'ah Students Against Destructive Decisions (SADD), formerly Students Against Driving Drunk, is an organization whose aim is to prevent accidents from students taking potentially destructive decisions. Mission SADD's mission is to empower young people ...
''), local customs ('' urf''), and sayings of a companion of the Prophet ('' qawl al-sahabi'').Nyazee, Imran Ahsan Khan (2000). ''Islamic Jurisprudence (UsulAI-Fiqh)''. Islamabad: Islamic Research Institute Press.


Diagram of early scholars

The Quran set the rights, the responsibilities and the rules for people and for societies to adhere to, like not dealing in
interest In and , interest is payment from a or deposit-taking financial institution to a or depositor of an amount above repayment of the (that is, the amount borrowed), at a particular rate. It is distinct from a which the borrower may pay the len ...
. Muhammad then provided an example, which is recorded in the hadith books, showing people how he practically implemented these rules in a society. After the passing of
Muhammad Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger of Allah, The Prophet Muhammad, Allah's Apostle, Last Prophet of Islam, and others; there are also many variant spellings of Muhammad, such as Mohamet, Mohammed, ...

Muhammad
, there was a need for jurists, to decide on new legal matters where there is no such ruling in the Quran or the Hadith, example of
Islamic prophet Prophets in Islam ( ar, الأنبياء في الإسلام, translit=al-ʾAnbiyāʾ fī al-ʾIslām) are individuals in Islam who are believed to spread God in Islam, God's message on Earth and to serve as models of ideal human behaviour. Som ...
Muhammad Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger of Allah, The Prophet Muhammad, Allah's Apostle, Last Prophet of Islam, and others; there are also many variant spellings of Muhammad, such as Mohamet, Mohammed, ...

Muhammad
regarding a similar case. In the years proceeding Muhammad, the community in Madina continued to use the same rules. People were familiar with the practice of Muhammad and therefore continued to use the same rules. The scholars appearing in the diagram below were taught by
Muhammad's companions Image:Mohammed im kreis seiner gefährten.jpg, Muhammad and his companions on an Ottoman miniature Companions of the Prophet or ' ( ar, اَلصَّحَابَةُ meaning "the companions", from the verb meaning "accompany", "keep company with" ...
, many of whom settled in Madina. Muwatta by
Malik ibn Anas Malik ibn Anas ( ar, مَالِك بن أَنَس, ‎ 711–795 CE / 93–179 AH), whose full name is Mālik bin Anas bin Mālik bin Abī ʿĀmir bin ʿAmr bin Al-Ḥārith bin Ghaymān bin Khuthayn bin ʿAmr bin Al-Ḥārith al-Aṣbaḥī ...
was written as a consensus of the opinion, of these scholars. The Muwatta by Malik ibn Anas quotes 13 hadiths from Imam
Jafar al-Sadiq Jaʿfar ibn Muḥammad aṣ-Ṣādiq ( ar, جَعْفَرُ ٱبْنُ مُحَمَّدٍ ٱلصَّادِقُ; 700 or 702–765  CE), commonly known as Ja‘far al-Ṣādiq or simply as-Sadiq (The Truthful), was an 8th-century Muslim schol ...

Jafar al-Sadiq
.''Al-Muwatta'' of Imam Malik Ibn Anas, translated by Aisha Bewley (Book #5, Hadith #5.9.23) (Book #16, Hadith #16.1.1) (Book #17, Hadith #17.24.43) (Book #20, Hadith #20.10.40) (Book #20, Hadith #20.11.44) (Book #20, Hadith #20.32.108) (Book #20, Hadith #20.39.127) (Book #20, Hadith #20.40.132) (Book #20, Hadith #20.49.167) (Book #20, Hadith #20.57.190) (Book #26, Hadith #26.1.2) (Book #29, Hadith #29.5.17) (Book #36, Hadith #36.4.5
Al-Muwatta'
/ref> Aisha also taught her nephew
Urwah ibn Zubayr 'Urwah ibn al-Zubayr ibn al-'Awwam al-Asadi ( ar , عروة بن الزبير بن العوام الأسدي, died 713) was among the seven '' fuqaha'' (jurists) who formulated the fiqh ''Fiqh'' (; ar} ) is Islamic jurisprudence J ...
. He then taught his son
Hisham ibn Urwah Hishām ibn ʿUrwah ( ar, هشام بن عروة, – ) was a prominent narrator of hadith, son of Urwah ibn al-Zubayr, grandson of Zubayr ibn al-Awwam Az-Zubayr ibn Al-Awam (; 594–656) was a cousin and Companions of the Prophet, companion ...
, who was the main teacher of
Malik ibn Anas Malik ibn Anas ( ar, مَالِك بن أَنَس, ‎ 711–795 CE / 93–179 AH), whose full name is Mālik bin Anas bin Mālik bin Abī ʿĀmir bin ʿAmr bin Al-Ḥārith bin Ghaymān bin Khuthayn bin ʿAmr bin Al-Ḥārith al-Aṣbaḥī ...
whose views many Sunni follow and also taught Jafar al-Sadiq. Qasim ibn Muhammad ibn Abu Bakr, Hisham ibn Urwah and Muhammad al-Baqir taught
Zayd ibn Ali Zayd ibn ʿAlī ( ar, زَيْد ٱبْن عَلِيّ; 695–740), also spelled Zaid, was the son of Ali ibn Husayn, and great-grandson of Ali, Ali ibn Abi Talib. He led Revolt of Zayd ibn Ali, an unsuccessful revolt against the Umayyad Caliphate ...

Zayd ibn Ali
, Jafar al-Sadiq,
Abu Hanifa Abū Ḥanīfa al-Nuʿmān b. Thābit b. Zūṭā b. Marzubān ( ar, أبو حنيفة نعمان بن ثابت بن زوطا بن مرزبان; – 767 CE), known as Abū Ḥanīfa for short, or reverently as Imam Abū Ḥanīfa by Sunni Musl ...

Abu Hanifa
, and Malik ibn Anas. Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in
Al-Masjid an-Nabawi Al-Masjid an-Nabawi (), known in English as The Prophet's Mosque, and also known as Al Haram, Al Haram Al Madani and Al Haram Al Nabawi by locals, is a mosque built by the Prophets and messengers in Islam, Islamic prophet Muhammad in the city of ...

Al-Masjid an-Nabawi
in Medina. Along with Qasim ibn Muhammad ibn Abu Bakr, Muhammad al-Baqir, Zayd ibn Ali and over 70 other leading jurists and scholars. Al-Shafi‘i was taught by Malik ibn Anas.
Ahmad ibn Hanbal Abū ʿAbdillāh Aḥmad ibn Muḥammad ibn Ḥanbal Ash-Shaybānī ( ar, أَبُو عَبْدِ ٱلله أَحْمَد ابْن مُحَمَّد ابْن حَنۢبَل ٱلشَّيْبَانِي; 780–855 CE/164–241 AH), often referred t ...

Ahmad ibn Hanbal
was taught by Al-Shafi‘i.
Muhammad al-Bukhari Muḥammad ibn Ismā‘īl al-Bukhārī ( fa, , ‎) (19 July 810 – 1 September 870), commonly referred to as Imam al-Bukhari or Imam Bukhari, was a Persians, Persian Ulama, Islamic scholar who was born in Bukhara (the capital of the Bukhar ...
travelled everywhere collecting hadith and his father Ismail ibn Ibrahim was a student of Malik ibn Anas. In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them. Imam Ahmad rejected the writing down and codifying of the religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "Here, this judgement is the judgement of God and His prophet." There is also very little text actually written down by
Jafar al-Sadiq Jaʿfar ibn Muḥammad aṣ-Ṣādiq ( ar, جَعْفَرُ ٱبْنُ مُحَمَّدٍ ٱلصَّادِقُ; 700 or 702–765  CE), commonly known as Ja‘far al-Ṣādiq or simply as-Sadiq (The Truthful), was an 8th-century Muslim schol ...

Jafar al-Sadiq
himself. They all give priority to the Qur'an and the Hadith (the practice of Muhammad). They felt that the Quran and the Hadith, the example of Muhammad provided people with almost everything they needed. "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion" Quran 5:3. These scholars did not distinguish between each other. They were not Sunni or Shia. They felt that they were following the religion of Abraham as described in the Quran "Say: Allah speaks the truth; so follow the religion of Abraham, the upright one. And he was not one of the polytheists" (Qur'an 3:95). Most of the differences are regarding Sharia laws devised through
Ijtihad ''Ijtihad'' ( ar, اجتهاد ', ; lit. physical or mental ''effort'', expended in a particular activity) is an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to ...
where there is no such ruling in the Quran or the Hadiths of
Islamic prophet Prophets in Islam ( ar, الأنبياء في الإسلام, translit=al-ʾAnbiyāʾ fī al-ʾIslām) are individuals in Islam who are believed to spread God in Islam, God's message on Earth and to serve as models of ideal human behaviour. Som ...
Muhammad Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger of Allah, The Prophet Muhammad, Allah's Apostle, Last Prophet of Islam, and others; there are also many variant spellings of Muhammad, such as Mohamet, Mohammed, ...

Muhammad
regarding a similar case. As these jurists went to new areas, they were pragmatic and continued to use the same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used
Ijtihad ''Ijtihad'' ( ar, اجتهاد ', ; lit. physical or mental ''effort'', expended in a particular activity) is an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to ...
to deduce that it did not conflict with the Quran or the Hadith. As explained in the Muwatta by
Malik ibn Anas Malik ibn Anas ( ar, مَالِك بن أَنَس, ‎ 711–795 CE / 93–179 AH), whose full name is Mālik bin Anas bin Mālik bin Abī ʿĀmir bin ʿAmr bin Al-Ḥārith bin Ghaymān bin Khuthayn bin ʿAmr bin Al-Ḥārith al-Aṣbaḥī ...
. This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State. To reduce the divergence, ash-Shafi'i proposed giving priority to the Qur'an and the Hadith (the practice of Muhammad) and only then look at the consensus of the Muslim jurists (''
ijma Ijmāʿ ( ar, إجماع) is an Arabic term referring to the consensus Consensus decision-making or consensus politics (often abbreviated to ''consensus'') is group decision-making processes in which participants develop and decide on prop ...
'') and analogical reasoning (''
qiyas In Islamic jurisprudence ''Fiqh'' (; ar} ) is Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is p ...

qiyas
''). This then resulted in jurists like
Muhammad al-Bukhari Muḥammad ibn Ismā‘īl al-Bukhārī ( fa, , ‎) (19 July 810 – 1 September 870), commonly referred to as Imam al-Bukhari or Imam Bukhari, was a Persians, Persian Ulama, Islamic scholar who was born in Bukhara (the capital of the Bukhar ...
dedicating their lives to the collection of the correct Hadith, in books like
Sahih al-Bukhari ''Ṣaḥīḥ al-Bukhārī'' ( ar, صحيح البخاري, '' Ṣaḥīḥ'' may be translated as ''authentic Authenticity or authentic may refer to: * Authentication, the act of confirming the truth of an attribute Arts and entertainmen ...
. Sahih translates as authentic or correct. They also felt that Muhammad's judgement was more impartial and better than their own. These original jurists and scholars also acted as a counterbalance to the rulers. When they saw injustice, all these scholars spoke out against it. As the state expanded outside Madina, the rights of the different communities, as they were constituted in the
Constitution of Medina The Constitution of Medina (, ''Dustūr al-Madīnah''), also known as the Charter of Medina ( ar, صحيفة المدينة, ''Ṣaḥīfat al-Madīnah''; or: , ''Mīthāq al-Madīnah'' "Covenant of Medina"), was drawn up on behalf of the Islamic ...
still applied. The Quran also gave additional rights to the citizens of the state and these rights were also applied. Ali, Hassan and
Hussein ibn Ali Husayn ibn Ali ibn Abi Talib ( ar, ٱلْحُسَيْن ٱبْن عَلِيّ ٱبْن أَبِي طَالِب, Al-Ḥusayn ibn ʿAlīy ibn ʾAbī Ṭālib; 10 January AD 626 – 10 October 680) was a grandson of the Islamic prophet Muham ...
gave their allegiance to the first three caliphs because they abided by these conditions. Later
Ali Ali ibn Abi Talib ( ar, عَلِيّ ٱبْن أَبِي طَالِب, ; 13 September 601 – 29 January 661) was a cousin, son-in-law and companion of the Prophets and messengers in Islam, Islamic prophet Muhammad in Islam, Muhammad, who ru ...

Ali
the fourth caliph wrote in a letter "I did not approach the people to get their oath of allegiance but they came to me with their desire to make me their Amir (ruler). I did not extend my hands towards them so that they might swear the oath of allegiance to me but they themselves extended their hands towards me". But later as fate would have it (
Predestination in Islam ''Qadar'' ( ar, قدر, transliterated Transliteration is a type of conversion of a text from one script to another that involves swapping letters (thus '' trans-'' + '' liter-'') in predictable ways, such as Greek → , Cyrillic → , G ...
) when
Yazid I Yazid ibn Mu'awiya ibn Abi Sufyan ( ar, يزيد بن معاوية بن أبي سفيان, Yazīd ibn Muʿāwiya ibn ʾAbī Sufyān; 64611 November 683), commonly known as Yazid I, was the second of the . He ruled from April 680 until his de ...
, an oppressive ruler took power, Hussein ibn Ali the grandson of
Muhammad Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger of Allah, The Prophet Muhammad, Allah's Apostle, Last Prophet of Islam, and others; there are also many variant spellings of Muhammad, such as Mohamet, Mohammed, ...

Muhammad
felt that it was a test from God for him and his duty to confront him. Then
Abd Allah ibn al-Zubayr Abd Allah ibn al-Zubayr ibn al-Awwam ( ar, عبد الله ابن الزبير ابن العوام, ʿAbd Allāh ibn al-Zubayr ibn al-ʿAwwām; May 624 – October/November 692) was the leader of a caliphate A caliphate or khilāfah ( ar, ...
,
Qasim ibn Muhammad ibn Abu Bakr Al-Qāsim ibn Muhammad ibn Abī Bakr ( ar, قاسم بن محمد) (born 36 or 38 AH and died 106 AH or 108 AH; corresponding to 660/662 and 728/730) The Four Imams by Muhammad Abu Zahrahchapter on Imam Malik was an important Ulema, jurist ...
's cousin confronted the
Umayyad The Umayyad Caliphate (661–750 CE; , ; ar, ٱلْخِلَافَة ٱلْأُمَوِيَّة, al-Khilāfah al-ʾUmawīyah) was the second of the four major caliphates established after the death of Muhammad. The caliphate was ruled by the ...
rulers after Hussein ibn Ali was betrayed by the people of Kufa and killed by Syrian Roman Army now under the control of the
Yazid I Yazid ibn Mu'awiya ibn Abi Sufyan ( ar, يزيد بن معاوية بن أبي سفيان, Yazīd ibn Muʿāwiya ibn ʾAbī Sufyān; 64611 November 683), commonly known as Yazid I, was the second of the . He ruled from April 680 until his de ...
the Umayyad ruler. Abd Allah ibn al-Zubayr then took on the Umayyads and expelled their forces from Hijaz and Iraq. But then his forces were depleted in Iraq, trying to stop the Khawarij. The Ummayads then moved in. After a lengthy campaign, in his last hour Abd Allah ibn al-Zubayr asked his mother Asma' bint Abu Bakr the daughter of
Abu Bakr , image = Rashidun Caliph Abu Bakr as-Șiddīq (Abdullah ibn Abi Quhafa) - أبو بكر الصديق عبد الله بن عثمان التيمي القرشي أول الخلفاء الراشدين.svg , title = Al-Siddiq Atiq ...
the first caliph for advice. Asma' bint Abu Bakr replied to her son, she said: "You know better in your own self, that if you are upon the truth and you are calling towards the truth go forth, for people more honourable than you have been killed and if you are not upon the truth, then what an evil son you are and you have destroyed yourself and those who are with you. If you say, that if you are upon the truth and you will be killed at the hands of others, then you will not truly be free". Abd Allah ibn al-Zubayr left and was later also killed and crucified by the Syrian Roman Army now under the control of the Umayyads and led by Hajjaj.
Muhammad ibn Abi Bakr Muhammad ibn Abi Bakr ( ar, محمد بن أبي بكر) was the Youngest son of Abu Bakr , image = Rashidun Caliph Abu Bakr as-Șiddīq (Abdullah ibn Abi Quhafa) - أبو بكر الصديق عبد الله بن عثمان التيمي ...
the son of
Abu Bakr , image = Rashidun Caliph Abu Bakr as-Șiddīq (Abdullah ibn Abi Quhafa) - أبو بكر الصديق عبد الله بن عثمان التيمي القرشي أول الخلفاء الراشدين.svg , title = Al-Siddiq Atiq ...
the first caliph and raised by
Ali Ali ibn Abi Talib ( ar, عَلِيّ ٱبْن أَبِي طَالِب, ; 13 September 601 – 29 January 661) was a cousin, son-in-law and companion of the Prophets and messengers in Islam, Islamic prophet Muhammad in Islam, Muhammad, who ru ...

Ali
the fourth caliph was also killed by the
Ummayad The Umayyad Caliphate (661–750 CE; , ; ar, ٱلْخِلَافَة ٱلْأُمَوِيَّة, al-Khilāfah al-ʾUmawīyah) was the second of the four major caliphates established after the death of Muhammad. The caliphate was ruled by the U ...
s.
Aisha ʿĀʾishah bint Abī Bakr ( ar, عائشة بنت أبي بكر , 613/614 – 678 CE), also transcribed as Aisha (, also , ) or variants, was Muhammad Muhammad ibn AbdullahHe is referred to by many appellations, including Messenger o ...

Aisha
then raised and taught her son Qasim ibn Muhammad ibn Abu Bakr who later taught his grandson
Jafar al-Sadiq Jaʿfar ibn Muḥammad aṣ-Ṣādiq ( ar, جَعْفَرُ ٱبْنُ مُحَمَّدٍ ٱلصَّادِقُ; 700 or 702–765  CE), commonly known as Ja‘far al-Ṣādiq or simply as-Sadiq (The Truthful), was an 8th-century Muslim schol ...

Jafar al-Sadiq
. During the early Ummayad period, there was more community involvement. The Quran and Muhammad's example was the main source of law after which the community decided. If it worked for the community, was just and did not conflict with the Quran and the example of Muhammad, it was accepted. This made it easier for the different communities, with Roman, Persian, Central Asia and North African backgrounds to integrate into the Islamic State and that assisted in the quick expansion of the Islamic State. The scholars in Madina were consulted on the more complex judicial issues. The Sharia and the official more centralized schools of fiqh developed later, during the time of the Abbasids.Muawiya Restorer of the Muslim Faith By Aisha Bewley p. 68


Components

The sources of ''sharia'' in order of importance are
Primary sources #
Qur'an The Quran (, ; ar, القرآن , "the recitation"), also romanized Qur'an or Koran, is the central religious text Religious texts are texts related to a religious tradition. They differ from literary texts by being a compilation or di ...

Qur'an
#
Hadith Ḥadīth ( or ; ar, حديث , pl. aḥādīth, , , , literally means "talk" or "discourse") or Athar ( ar, أثر, , literally means "tradition") in Islam refers to what the majority of believe to be a record of the words, actions, and ...

Hadith
Secondary sources
:3.
Ijma Ijmāʿ ( ar, إجماع) is an Arabic term referring to the consensus Consensus decision-making or consensus politics (often abbreviated to ''consensus'') is group decision-making processes in which participants develop and decide on prop ...
, i.e. collective reasoning and consensus amongst authoritative Muslims of a particular generation, and its interpretation by Islamic scholars.
:4.
Ijtihad ''Ijtihad'' ( ar, اجتهاد ', ; lit. physical or mental ''effort'', expended in a particular activity) is an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to ...
, i.e. independent legal reasoning by Islamic jurists Majority of
Sunni Muslims Sunni Islam () is by far the largest Islamic schools and branches, branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word ''Sunnah'', referring to the behaviour of Muhammad. The differences between Sunni and ...
view ''
Qiyas In Islamic jurisprudence ''Fiqh'' (; ar} ) is Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is p ...

Qiyas
'' as a central Pillar of ''
Ijtihad ''Ijtihad'' ( ar, اجتهاد ', ; lit. physical or mental ''effort'', expended in a particular activity) is an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to ...
''. On the other hand; Zahirites,
Ahmad ibn Hanbal Abū ʿAbdillāh Aḥmad ibn Muḥammad ibn Ḥanbal Ash-Shaybānī ( ar, أَبُو عَبْدِ ٱلله أَحْمَد ابْن مُحَمَّد ابْن حَنۢبَل ٱلشَّيْبَانِي; 780–855 CE/164–241 AH), often referred t ...

Ahmad ibn Hanbal
,
Al-Bukhari Muḥammad ibn Ismā‘īl al-Bukhārī ( fa, , ‎) (19 July 810 – 1 September 870), commonly referred to as Imam al-Bukhari or Imam Bukhari, was a Persian Islamic scholar who was born in Bukhara (the capital of the Bukhara Region (vilo ...
, early Hanbalites, etc rejected ''Qiyas'' amongst the Sunnis. Similarly, the '' Shi’a'' jurists almost unanimously reject both pure reason and analogical reason; viewing both these methods as subjective. The
Qur'an The Quran (, ; ar, القرآن , "the recitation"), also romanized Qur'an or Koran, is the central religious text Religious texts are texts related to a religious tradition. They differ from literary texts by being a compilation or di ...

Qur'an
gives clear instructions on many issues, such as how to perform the ritual purification (') before the obligatory daily prayers ('). On other issues, for example, the Qur'an states one needs to engage in daily prayers (') and fast (') during the month of Ramadan but further instructions and details on how to perform these duties can be found in the traditions of Muhammad, so
Qur'an and Sunnah The Quran (, ; ar, القرآن, translit=al-Qurʼān, lit=the recitation, ), also romanized Qur'an or Koran, is the central religious text of Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether t ...
are in most cases the basis for ('). Some topics are without precedent in Islam's early period. In those cases, Muslim jurists (') try to arrive at conclusions by other means.
Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves of a tree. A branch ( or , ) or tree branch (sometimes referred to in botany as a ramus) is a woody structural member connected to but not part o ...
jurists use historical consensus of the community ('); a majority in the modern era also use
analogy Analogy (from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is approximate ...

analogy
(') and weigh the harms and benefits of new topics ('), and a plurality utilizes juristic preference ('). The conclusions arrived at with the aid of these additional tools constitute a wide array of laws, and its application is called fiqh. Thus, in contrast to the ''sharia'', ''fiqh'' is not regarded as
sacred Sacred describes something that is dedicated or set apart for the service or worship of a deity A deity or god is a supernatural being considered divinity, divine or sacred. The ''Oxford Dictionary of English'' defines deity as "a God (male ...

sacred
and the schools of thought have differing views on its details, without viewing other conclusions as
sacrilegious Konstantin Makovsky. The Bulgarian martyresses. 1877 Atrocities of bashibazouks in Bulgarian Orthodox Church Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred pe ...

sacrilegious
. This division of interpretation in more detailed issues has resulted in different schools of thought ('). This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that guide Muslims in everyday life.


Component categories

Islamic jurisprudence (''fiqh'') covers two main areas: # Rules in relation to actions, and, # Rules in relation to circumstances surrounding actions. These types of rules can also fall into two groups: # Worship ( Ibadaat) # Dealings and transactions (with people) ( Mu`amalaat) Rules in relation to actions (amaliyya'' — عملية) or " decision types" comprise: # Obligation ('' fardh'') # Recommendation (''
mustahabb ''Mustahabb'' () is an Islamic term The following list consists of notable concept Concepts are defined as abstract ideas A mental representation (or cognitive representation), in philosophy of mind Philosophy of mind is a branch of philo ...
'') # Permissibility (''
mubah ''Mubah'' (Arabic Arabic (, ' or , ' or ) is a Semitic language The Semitic languages are a branch of the Afroasiatic language family originating in the Middle East The Middle East is a list of transcontinental countries, trans ...
'') # Disrecommendation ('' makrooh'') # Prohibition (''
haraam ''Haram'' (; ar, حَرَام, , ) is an Arabic term meaning ‘forbidden’. This may refer to: either something sacred Sacred describes something that is dedicated or set apart for the service or worship of a deity A deity or god is ...
'') Rules in relation to circumstances (''wadia) comprise: # Condition (''shart'') # Cause (''sabab'') # Preventor (''mani'') # Permit / Enforced (''rukhsah, azeemah'') # Valid / Corrupt / Invalid (''sahih, fasid, batil'') # In time / Deferred / Repeat (''adaa, qadaa, i'ada'')


Methodologies of jurisprudence

The
modus operandi A ''modus operandi'' (often shortened to M.O.) is someone's habits of working, particularly in the context of business or criminal investigations, but also more generally. It is a Latin Latin (, or , ) is a classical language belonging to the ...

modus operandi
of the Muslim jurist is known as ''
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 (''fiqh'') for deriving the rulings of (''sharia''). Traditional theory of ...
'' ("principles of jurisprudence"). There are different approaches to the methodology used in jurisprudence to derive Islamic law from the primary sources. The main methodologies are those of the
Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves of a tree. A branch ( or , ) or tree branch (sometimes referred to in botany as a ramus) is a woody structural member connected to but not part o ...
,
Shi'a Shia Islam or Shi'ism is one of the two main branches of Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ...
and
Ibadi The Ibadi movement (Ibadism or Ibāḍiyya, also known as the Ibadis ( ar, الإباضية, ''al-Ibāḍiyyah'')), is a school of Islam dominant in Oman Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ ...
denominations. While both Sunni and
Shi'ite Shia Islam or Shi'ism is one of the two main branches of Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ...
(Shia) are divided into smaller sub-schools, the differences among the Shi'ite schools is considerably greater. Ibadites only follow a single school without divisions. ;Fatawa While using court decisions as legal precedents and
case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is calle ...
are central to Western law, the importance of the institution of fatawa (non-binding answers by Islamic legal scholars to legal questions) has been called "central to the development" of Islamic jurisprudence. El-Gamal, ''Islamic Finance'', 2006: p. 32 This is in part because of a "vacuum" in the other source of Islamic law, ''qada`'' (legal rulings by state appointed Islamic judges) after the fall of the last
caliphate A caliphate ( ar, خِلَافَة, ) is an Islamic state under the leadership of an Islamic steward with the title of caliph (; ar, خَلِيفَة ', ), a person considered a politico-religious successor to the Islamic prophet Muhammad ...
the Ottoman Empire. While the practice in Islam dates back to the time of Muhammad, according to at least one source (Muhammad El-Gamal), it is "modeled after the
Roman Roman or Romans most often refers to: *, the capital city of Italy *, Roman civilization from 8th century BC to 5th century AD *, the people of ancient Rome *', shortened to ''Romans'', a letter in the New Testament of the Christian Bible Roman ...

Roman
system of ''
responsa ''Responsa'' (plural of Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the ...
''," and gives the questioner "decisive primary-mover advantage in choosing the question and its wording." ;Arguments for and against reform Each school (''
madhhab A ' ( ar, مذهب ', , "way to act") is a school of thought within '' fiqh'' (Islamic jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most ge ...
'') reflects a unique '' al-urf'' or culture (a cultural practice that was influenced by traditions), that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of ''
isnad Hadith studies ( ar, علم الحديث ''ʻilm al-ḥadīth'' "science of hadith", also science of hadith, or science of hadith criticism or hadith criticism) consists of several religious scholarly disciplines used by Muslim scholars in the ...
'', which developed to validate ''hadith'' made it relatively easy to record and validate also the rulings of jurists. This, in turn, made them far easier to imitate (''
taqlid ''Taqlid'' (Arabic Arabic (, ' or , ' or ) is a Semitic language The Semitic languages are a branch of the Afroasiatic language family originating in the Middle East The Middle East is a list of transcontinental countries, tran ...
'') than to challenge in new contexts. The argument is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists. Traditional scholars hold that religion is there to regulate human behavior and nurture people's moral side and since human nature has not fundamentally changed since the beginning of Islam a call to modernize the religion is essentially one to relax all laws and institutions. Early ''
shariah Sharia (; ar, شريعة, sharīʿa ) is a religious law forming part of the Islamic tradition. It's derived from the Five Pillars of Islam, religious precepts of Islam and is based on the interpretations of the Islamic holy books, sacred scr ...
'' had a much more flexible character, and some modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the
Islamization of knowledge The phrase Islamization of knowledge has been used in contemporary Islamic philosophy since the later 20th century to refer to attempts to reconcile Islam and modernity, specifically seeking for a way to adopt the scientific method in a way consist ...
, which would deal with the modern context. This modernization is opposed by most conservative ''
ulema In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''uluma'' lural are the guardians, transmitters, and interpreters of religious ...
''. Traditional scholars hold that the laws are contextual and consider circumstance such as time, place and culture, the principles they are based upon are universal such as justice, equality and respect. Many Muslim scholars argue that even though technology may have advanced, the fundamentals of human life have not.


Fields of jurisprudence

*
Criminal In ordinary language, a crime is an unlawful act punishable by a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper) ...
*
Economics Economics () is a social science Social science is the branch A branch ( or , ) or tree branch (sometimes referred to in botany Botany, also called , plant biology or phytology, is the science of plant life and a bran ...
*
Etiquette Etiquette ( and ; ) is the set of conventional rules of personal behaviour in polite society, usually in the form of an ethical code Ethical codes are adopted by organizations to assist members in understanding the difference between right ...
*
Family In , family (from la, familia) is a of people related either by (by recognized birth) or (by marriage or other relationship). The purpose of families is to maintain the well-being of its members and of society. Ideally, families would off ...
* Hygienical *
Inheritance Inheritance is the practice of passing on private property Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property Public property i ...
*
Marital in Stockholm Marriage, also called matrimony or wedlock, is a culturally recognised union between people, called spouses, that establishes rights and obligations between them, as well as between them and their children, and between them ...
*
Military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare War is an intense armed conflict between State (polity), states, governments, Society, societies, or pa ...
*
Political Politics (from , ) is the set of activities that are associated with making decisions In psychology, decision-making (also spelled decision making and decisionmaking) is regarded as the Cognition, cognitive process resulting in the selection ...
*
Theological Theology is the systematic study of the nature of the divine and, more broadly, of religious belief. It is taught as an academic discipline An academic discipline or academic field is a subdivision of knowledge Knowledge is a familiarity ...


Schools of jurisprudence

There are several schools of fiqh thought ( ar, مذهب '; pl. ') The schools of
Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves of a tree. A branch ( or , ) or tree branch (sometimes referred to in botany as a ramus) is a woody structural member connected to but not part o ...
Islam are each named by students of the classical jurist who taught them. The
Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves of a tree. A branch ( or , ) or tree branch (sometimes referred to in botany as a ramus) is a woody structural member connected to but not part o ...
schools (and where they are commonly found) are *
Hanafi The Hanafi school ( ar, حَنَفِي, translit=Ḥanafī) is one of the four traditional major Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves of a tree. A branch ( or , ) or tree b ...
(
Turkey Turkey ( tr, Türkiye ), officially the Republic of Turkey, is a country located mainly on Anatolia Anatolia,, tr, Anadolu Yarımadası), and the Anatolian plateau. also known as Asia Minor, is a large peninsula in Western Asia and ...

Turkey
,
the Balkans The Balkans ( ), also known as the Balkan Peninsula, are a geographic area in southeastern with various definitions and meanings, including geopolitical and historical. The region takes its name from the that stretch throughout the whole o ...
,
the Levant The Levant () is an approximate historical geographical term referring to a large area in the Eastern Mediterranean Eastern Mediterranean is a loose definition of the eastern approximate half, or third, of the Mediterranean Sea The M ...
,
Central Asia Central Asia is a region in Asia Asia () is 's largest and most populous , located primarily in the and . It shares the continental of with the continent of and the continental landmass of with both Europe and . Asia covers an area ...

Central Asia
, Indian subcontinent,
China China (), officially the People's Republic of China (PRC; ), is a country in . It is the world's , with a of more than 1.4 billion. China spans five geographical and 14 different countries, the in the world after . Covering an area of ap ...

China
, , and ) *
Maliki The ( ar, مَالِكِي) school is one of the four major madhhab A ' ( ar, مذهب ', , "way to act") is a school of thought within '' fiqh'' (Islamic jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Sch ...
(
North Africa North Africa or Northern Africa is a region encompassing the northern portion of the African continent. There is no singularly accepted scope for the region, and it is sometimes defined as stretching from the Atlantic shores of Mauritania in th ...

North Africa
,
West Africa West Africa or Western Africa is the westernmost region of . The defines Western Africa as the 17 countries of , , , , , , , , , , , , , , , and as well as .Paul R. Masson, Catherine Anne Pattillo, "Monetary union in West Africa (ECOWAS): is i ...

West Africa
and ) * Shafi'i (
Kurdistan Kurdistan ( ku, کوردستان ,Kurdistan ; lit. "land of the Kurds") or Greater Kurdistan is a roughly defined geo-cultural territory in Western Asia Western Asia, also West Asia, is the westernmost subregion of Asia. It is entirely a pa ...

Kurdistan
,
Indonesia Indonesia ( ), officially the Republic of Indonesia ( id, Republik Indonesia, links=yes ), is a country in Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia or SEA, is t ...

Indonesia
,
Malaysia Malaysia ( ; ) is a country in Southeast Asia Southeast Asia, also spelled South East Asia and South-East Asia, and also known as Southeastern Asia or SEA, is the geographical southeastern subregion of Asia, consisting of the regions ...

Malaysia
,
Brunei Brunei ( ; ), officially the Nation of Brunei, the Abode of Peace ( ms, Negara Brunei Darussalam, Jawi alphabet, Jawi: ), is a sovereign state, country located on the north coast of the island of Borneo in Southeast Asia. Apart from its coa ...

Brunei
, ,
East Africa East Africa or Eastern Africa is the eastern subregion of the Africa Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including ...
, Southern
Yemen ) , image_map = Yemen on the globe (Yemen centered).svg , map_caption = , image_map2 = , capital = Sana'a Sanaa ( ar, صَنْعَاء, ' , Yemeni Arabic: ; Old South Arabian: 𐩮 ...

Yemen
, and southern parts of
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

India
) *
Hanbali The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni Sunni Islam () is by far the largest branch Image:Tree Leaves.JPG, The branches and leaves o ...
(
Saudi Arabia (''Shahada'') , national_anthem = "National Anthem of Saudi Arabia, " "National Anthem of Saudi Arabia" , image_map = Saudi Arabia (orthographic projection).svg , capital = Riyadh , coordinates ...

Saudi Arabia
) see
Wahhabism Wahhabism ( ar, الوهابية, lit=Wahhabism, translit=al-Wahhābiyyah) is a term used to refer to the Islamic revivalist and fundamentalist Fundamentalism usually has a religious Religion is a social system, social-cultural syste ...
*
Zahiri The Ẓāhirī (also transliterated as dhahiri, ar, ظاهري) madhhab or al-Ẓāhirīyyah ( ar, الظاهرية) is a school of Islamic jurisprudence ''Fiqh'' (; ar} ) is Islamic jurisprudence. Muhammad-> Sahabah, Companions-> Tabi‘u ...
(minority communities in
Morocco ) , image_map = Morocco (orthographic projection, WS claimed).svg , map_caption = Location of Morocco in northwest Africa.Dark green: Undisputed territory of Morocco.Lighter green: Western Sahara, a United Nations lis ...

Morocco
and
Pakistan Pakistan, . Pronounced variably in English as , , , and . officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a popul ...

Pakistan
) *
Jariri Jariri is the name given to a short-lived school of fiqh that was derived from the work of al-Tabari, the 9th and 10th-century Persian Muslim Muslims () are people who follow or practice Islam, a Monotheism, monotheistic Abrahamic religions, ...
,
Laythi The Laythi madhhab A ' ( ar, مذهب ', , "way to act") is a school of thought within '' fiqh'' (Islamic jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nature ...
,
Awza'i The Awza'i ( ar, الأوزاعي, al-Awzā‘ī) madhhab was one of the schools of Fiqh ''Fiqh'' (; ar} ) is Islamic jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to e ...
,
Thawri The Thawri (Arabic:الثوري) Madhhab A ' ( ar, مذهب ', , "way to act") is a school of thought within '' fiqh'' (Islamic jurisprudence Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to ...
, and
Qurtubi Imam Abu 'Abdullah Al-Qurtubi or Abu 'Abdullah Muhammad ibn Ahmad ibn Abu Bakr al-Ansari al-Qurtubi ( ar, أبو عبدالله القرطبي) (d. 1272) was an Islamic Spain, Andalusian jurist, Islamic scholar and muhaddith. He was taught by pr ...
no longer exist. The schools of
Shia Shia Islam or Shi'ism 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, Ali ibn Abi Talib as his Succession to Mu ...
Islam comprise: * Ja'fari (
Twelver Shia Twelver ( ar, ٱثْنَا عَشَرِيَّة; ' fa, شیعه دوازده‌امامی, '), also known as Imamiyyah ( ar, إِمَامِيَّة), is the largest branch of Shia Islam Islam (;There are ten pronunciations of ''Islam'' i ...
:
Iran Iran ( fa, ایران ), also called Persia, and officially the Islamic Republic of Iran, is a country in Western Asia Western Asia, West Asia, or Southwest Asia, is the westernmost subregion A subregion is a part of a larger regio ...

Iran
,
Azerbaijan Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan ( az, Azərbaycan Respublikası ), is a country in the Transcaucasia, Caucasus region of Eurasia. Located at the crossroads of Eastern Europe and Western Asia, it is boun ...

Azerbaijan
,
Iraq Iraq ( ar, الْعِرَاق, translit=al-ʿIrāq; ku, عێراق, translit=Êraq), officially the Republic of Iraq ( ar, جُمْهُورِيَّة ٱلْعِرَاق '; ku, کۆماری عێراق, translit=Komarî Êraq), is a country i ...

Iraq
,
Lebanon Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon or the Lebanese Republic, is a country in Western Asia Western Asia, West Asia, or Southwest Asia, is the westernmost subregion A subregion is a part ...

Lebanon
, etc.) *
Isma'ili Ismāʿīlism ( ar, الإسماعيلية, ''al-ʾIsmāʿīlīyah''; fa, اسماعیلیان, ''Esmâ'īliyân'') is a branch or sub-sect of Shia Islam. The Ismāʿīlī () get their name from their acceptance of Imam Isma'il ibn Jafar, Ism ...
(minority communities in
Central Asia Central Asia is a region in Asia Asia () is 's largest and most populous , located primarily in the and . It shares the continental of with the continent of and the continental landmass of with both Europe and . Asia covers an area ...

Central Asia
,
Levant The Levant () is an term referring to a large area in the region of . In its narrowest sense, it is equivalent to the , which included present-day , , , , and most of southwest of the middle . In its widest historical sense, the Levant ...

Levant
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

India
, and
Pakistan Pakistan, . Pronounced variably in English as , , , and . officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a popul ...

Pakistan
) *
Zaydi Zaidiyyah, Zaidism, or Zaidi Shi'ism ( ar, الزيدية ''az-zaydiyya'', adjective form Zaidi or Zaydi), occasionally known as Fiver Shias, is one of the Shia sects closest in terms of theology to the Ibadi and Mutazila schools. Zaidiyyah emer ...
(Northern
Yemen ) , image_map = Yemen on the globe (Yemen centered).svg , map_caption = , image_map2 = , capital = Sana'a Sanaa ( ar, صَنْعَاء, ' , Yemeni Arabic: ; Old South Arabian: 𐩮 ...

Yemen
) Entirely separate from both the Sunni and Shia traditions,
Khawarij The Kharijites ( ar, الخوارج, ''al-Khawārij'', singular , ''khāriji''), also called the al-Shurat (Arabic: الشراة, ''al-Shurāt''), were an Islamic sect that appeared in the first century of Islam during the First Fitna, First Mu ...
Islam has evolved its own distinct school. *
Ibadi The Ibadi movement (Ibadism or Ibāḍiyya, also known as the Ibadis ( ar, الإباضية, ''al-Ibāḍiyyah'')), is a school of Islam dominant in Oman Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ ...
(
Oman Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ عُمان ), is a country on the southeastern coast of the Arabian Peninsula in Western Asia. Formerly a maritime empire, Oman is the oldest continuously in ...

Oman
) These schools share many of their rulings, but differ on the particular
hadith Ḥadīth ( or ; ar, حديث , pl. aḥādīth, , , , literally means "talk" or "discourse") or Athar ( ar, أثر, , literally means "tradition") in Islam refers to what the majority of believe to be a record of the words, actions, and ...

hadith
s they accept as authentic and the weight they give to analogy or reason (
qiyas In Islamic jurisprudence ''Fiqh'' (; ar} ) is Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is p ...

qiyas
) in deciding difficulties. The relationship between (at least the Sunni) schools of jurisprudence and the conflict between the unity of the Shariah and the diversity of the schools, was expressed by the 12th century Hanafi scholar
Abu Hafs Umar an-Nasafi Najm ad-Dīn Abū Ḥafṣ ‘Umar ibn Muḥammad an-Nasafī ( ar, نجم الدين أبو حفص عمر بن محمد النسفي‎; 1067–1142) was a Muslim jurist, theologian, mufassir, muhaddith and historian. A Persian people, Persian sc ...
, who wrote: `Our school is correct with the possibility of error, and another school is in error with the possibility of being correct.”


Influence on Western laws

A number of important legal
institution Institutions, according to Samuel P. Huntington Samuel Phillips Huntington (April 18, 1927 – December 24, 2008) was an American political scientist, adviser and academic. He spent more than half a century at Harvard University Har ...
s were developed by Muslim jurists during the classical period of Islam, known as the
Islamic Golden Age The Islamic Golden Age was a period of cultural, economic, and scientific flourishing in the history of Islam The history of Islam concerns the political, social, economic, and cultural developments of Muslim world, Islamic civilization. M ...
. One such institution was the ''
Hawala Hawala or hewala ( ar, حِوالة , meaning ''transfer'' or sometimes ''trust''), also known as in Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, Persian peopl ...

Hawala
'', an early
informal value transfer system An informal value transfer system (IVTS) is any system, mechanism, or network of people that receives money Image:National-Debt-Gillray.jpeg, In a 1786 James Gillray caricature, the plentiful money bags handed to King George III are contrasted ...
, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. ''Hawala'' itself later influenced the development of the
agency Agency may refer to: * a governmental or other institution Institutions, according to Samuel P. Huntington, are "stable, valued, recurring patterns of behavior". Institutions can refer to mechanisms which govern the behavior Behavior (Am ...
in
common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dictionary used among legal profe ...
and in civil laws such as the ''aval'' in
French law The Law of France refers to the legal system in the French Republic France (), officially the French Republic (french: link=no, République française), is a country primarily located in Western Europe Western Europe is the region of E ...
and the ''avallo'' in
Italian Italian may refer to: * Anything of, from, or related to the country and nation of Italy ** Italians, an ethnic group or simply a citizen of the Italian Republic ** Italian language, a Romance language *** Regional Italian, regional variants of the ...

Italian
law. The "European
commendaThe commenda was a medieval contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) De ...
" (Islamic ''
QiradThe qirad (also known as Muqaradah by Hanafi and Hanbali scholars)Sapuan, Noraina Mazuin. "An evolution of Mudarabah contract: a viewpoint from classical and contemporary Islamic scholars." Procedia economics and finance 35, no. 3 (2016): 349-358. wa ...
'') used in European civil law may have also originated from Islamic law. The ''
Waqf A waqf ( ar, وَقْف; ), also known as hubous () or ''mortmain Mortmain () is the perpetual, inalienable ownership of real estate Real estate is property consisting of land and the buildings on it, along with its natural resources ...

Waqf
'' in
Islamic law Sharia (; ar, شريعة, sharīʿa ) is a 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 beli ...
, which developed during the 7th–9th centuries, bears a notable resemblance to the
trusts A trust is a legal relationship in which the holder of a right (eg. title to a chattel) gives it to another person or entity who must keep and use it solely for another's benefit. In English common law English law is the common law legal sy ...
in the English
trust law A trust is a legal relationship in which the holder of a right (eg. title to a chattel) gives it to another person or entity who must keep and use it solely for another's benefit. In common law, English common law, the party who entrusts the ri ...
. For example, every ''Waqf'' was required to have a ''waqif'' (settlor), ''mutawillis'' (trustee), ''
qadi A Qadi ( ar, قاضي, Qāḍī; also Qazi, cadi, kadi or kazi) is the magistrate or judge of a Sharia Sharia (, ar, ), Islamic law, or Sharia law, is a religious law forming part of the Islamic tradition. It is derived from the rel ...
'' (judge) and beneficiaries. The trust law developed in
England England is a that is part of the . It shares land borders with to its west and to its north. The lies northwest of England and the to the southwest. England is separated from by the to the east and the to the south. The country cover ...

England
at the time of the
Crusades The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The term refers especially to the Eastern Mediterranean campaigns in the period between 1095 and 1271 that h ...

Crusades
, during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the ''Waqf'' institutions they came across in the
Middle East The Middle East ( ar, الشرق الأوسط, ISO 233 The international standard An international standard is a technical standard A technical standard is an established norm (social), norm or requirement for a repeatable technical task whi ...

Middle East
. The Islamic ''lafif'' was a body of twelve members drawn from the
neighbourhood A neighbourhood (British English British English (BrE) is the standard dialect of the English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon England, early medieval ...
and sworn to tell the truth, who were bound to give a unanimous
verdict In law, a verdict is the formal trier of fact, finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In Engla ...
, about matters "which they had personally seen or heard, binding on the
judge A judge is a person who presides over court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a State (polity), state. In th ...
, to settle the truth concerning facts in a case, between ordinary people, and obtained as of right by the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue Judgment (law), judgment ...
." The only characteristic of the English jury which the Islamic ''lafif'' lacked was the "judicial
writ In , a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial ; in modern usage, this body is generally a . , s, s, and are common types of writ, but many forms exist and have ...

writ
directing the jury to be summoned and directing the
bailiff A bailiff (from baillif, ''baillis'', ''bail'' "custody, charge, office"; , based on the adjectival form, baiulivus, of Latin ''bajulus'', carrier, manager) is a manager, overseer or custodian; a legal officer to whom some degree of authority ...
to hear its recognition." According to Professor John Makdisi, "no other institution in any legal institution studied to date shares all of these characteristics with the English jury." It is thus likely that the concept of the ''lafif'' may have been introduced to
England England is a that is part of the . It shares land borders with to its west and to its north. The lies northwest of England and the to the southwest. England is separated from by the to the east and the to the south. The country cover ...

England
by the
Normans The Normans (Norman Norman or Normans may refer to: Ethnic and cultural identity * The Normans The Normans (Norman language, Norman: ''Normaunds''; french: Normands; la, Nortmanni/Normanni) were inhabitants of the early medieval Duchy of N ...

Normans
, who conquered both England and the
Emirate of Sicily The Emirate of Sicily ( ar, إِمَارَة صِقِلِّيَة, ʾImārat Ṣiqilliya) was an Islamic kingdom that ruled the island of Sicily Sicily ( it, Sicilia ; scn, Sicilia ) is the in the and one of the 20 of . It is one of the ...
, and then evolved into the modern English jury. Several other fundamental
common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dictionary used among legal profe ...
institutions may have been adapted from similar legal institutions in
Islamic law Sharia (; ar, شريعة, sharīʿa ) is a 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 beli ...
and jurisprudence, and introduced to England by the
Normans The Normans (Norman Norman or Normans may refer to: Ethnic and cultural identity * The Normans The Normans (Norman language, Norman: ''Normaunds''; french: Normands; la, Nortmanni/Normanni) were inhabitants of the early medieval Duchy of N ...

Normans
after the
Norman conquest of England The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England England is a that is part of the . It shares land borders with to its west and to its north. The lies northwest of England and the to ...
and the Emirate of Sicily, and by Crusaders during the
Crusades The Crusades were a series of religious wars initiated, supported, and sometimes directed by the Latin Church in the medieval period. The term refers especially to the Eastern Mediterranean campaigns in the period between 1095 and 1271 that h ...

Crusades
. In particular, the "royal English
contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; ...

contract
protected by the action of
debt Debt is an obligation that requires one party, the debtor A debtor or debitor is a legal entity (legal person) that owes a debt Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to ...

debt
is identified with the Islamic ''Aqd'', the English
assize of novel disseisin In English law English law is the common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opi ...
is identified with the Islamic ''Istihqaq'', and the English
jury A jury is a sworn body of people (the jurors) convened to render an impartial Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objectivity (philosophy), objective ...

jury
is identified with the Islamic ''lafif''." Other English legal institutions such as "the scholastic method, the
licence A license (American English American English (AmE, AE, AmEng, USEng, en-US), sometimes called United States English or U.S. English, is the set of varieties of the English language native to the United States. Currently, American English ...
to ", the "
law school A law school (also known as a law centre or college of law) is an institution specializing in legal education Legal education is the education of individuals in the principles, practices, and theory of law Law is a system A syste ...
s known as
Inns of Court The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court – Gray's Inn, Lincoln's Inn, Inner Temple and Middle Temple. All barristers must belong to one of them. They have ...
in England and ''
Madrasas Madrasa (, also , ; Arabic: مدرسة , Plural, pl. , ) is the Arabs, Arabic word for any Educational institution, type of educational institution, secular or religious (of any religion), whether for elementary instruction or higher learning. Th ...

Madrasas
'' in Islam" and the "European
commendaThe commenda was a medieval contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) De ...
" (Islamic ''
QiradThe qirad (also known as Muqaradah by Hanafi and Hanbali scholars)Sapuan, Noraina Mazuin. "An evolution of Mudarabah contract: a viewpoint from classical and contemporary Islamic scholars." Procedia economics and finance 35, no. 3 (2016): 349-358. wa ...
'') may have also originated from Islamic law. The methodology of
legal precedent A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based ...
and reasoning by
analogy Analogy (from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is approximate ...

analogy
(''
Qiyas In Islamic jurisprudence ''Fiqh'' (; ar} ) is Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is p ...

Qiyas
'') are also similar in both the Islamic and common law systems. These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".


See also

* Abdallah al-Harari * Traditionalist theology *''
Bahar-e-Shariat ''Bahar-e-Shariat'' (1939) is an encyclopedia An encyclopedia or encyclopaedia (British English) is a reference work or compendium providing summaries of knowledge either from all branches or from a particular field or discipline. Encyclop ...
'' *
Glossary of Islam The following list consists of notable concept Concepts are defined as abstract ideas A mental representation (or cognitive representation), in philosophy of mind Philosophy of mind is a branch of philosophy that studies the ontology and ...
*
Index of Islam-related articles This is an alphabetical list of topics related to Islam, the history of Islam, Islamic culture Islamic culture and Muslim culture refer to cultural practices common to historically Islamic people. The early forms of Muslim Muslims () are pe ...
* Ja'fari jurisprudence *
Outline of Islam Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is pronounced , or (when the stress is on the first sy ...
*
List of Islamic terms in Arabic The following list consists of notable concept Concepts are defined as abstract ideas A mental representation (or cognitive representation), in philosophy of mind Philosophy of mind is a branch of philosophy that studies the ontology and n ...
*''
Ma'ruf Miftahul Ma'ruf ( ar, معروف) is an Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, whether the ''s'' is or , and whether the ''a'' is pronounced , ...
'' *''
Mizan Mizan ( ar, ميزان, lit=balance) is a concept in Quran The Quran (, ; ar, القرآن, translit=al-Qurʼān, lit=the recitation, ), also romanized Qur'an or Koran, is the central religious text of Islam Islam (;There are ten pro ...

Mizan
'', a comprehensive treatise on the contents of Islam written by
Javed Ahmed Ghamidi Jāvēd Ahmed Ghāmidī ( ur, ) (born April 7, 1952) is a Pakistani Muslim Muslims () are people who follow or practice Islam Islam (; ar, اَلْإِسْلَامُ, al-’Islām, "submission o God Oh God may refer to: * An ...

Javed Ahmed Ghamidi
. *
Palestinian lawPalestinian law is the law administered by the Palestinian National Authority within the territory pursuant to the Oslo Accords. It has an unusually unsettled status, as of 2019, due to the complex legal history of the area. Palestinian law include ...
*
Schools of Islamic theology :''See Islamic schools and branches Islamic schools and branches have different understandings of Islam Islam (;There are ten pronunciations of ''Islam'' in English, differing in whether the first or second syllable has the stress, w ...
* Sources of Islamic law *'' Urf''


References


Notes


Citations


Bibliography

*Doi, Abd ar-Rahman I., and Clarke, Abdassamad (2008). ''Shari'ah: Islamic Law''. Ta-Ha Publishers Ltd., (hardback) * Cilardo, Agostino, "Fiqh, History of", in ''Muhammad in History, Thought, and Culture: An Encyclopedia of the Prophet of God'' (2 vols.), Edited by C. Fitzpatrick and A. Walker, Santa Barbara, ABC-CLIO, 2014, Vol I, pp. 201–206. * * * * *


Further reading

*Potz, Richard
Islamic Law and the Transfer of European Law
European History Online European History Online (''Europäische Geschichte Online, EGO'') is an academic website that publishes articles on the history of Europe between the period of 1450 and 1950 according to the principle of open access Open access (OA) is a set ...
, Mainz:
Institute of European HistoryThe Leibniz Institute of European History (IEG) in Mainz Mainz (; ) is the capital and largest city of Rhineland-Palatinate Rhineland-Palatinate (german: Rheinland-Pfalz, ) is a western states of Germany, state of Germany. It covers and has a ...
, 2011. (Retrieved 28 November 2011.)


External links

* {{Authority control Arabic words and phrases in Sharia Islamic terminology Law schools