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''Fiqh'' (; ar, فقه ) is
Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...
ic
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
.Fiqh
Encyclopædia Britannica
''Fiqh'' is often described as the human understanding and practices of the ''
sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
,'' that is human understanding of the divine Islamic law as revealed in the
Quran The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , ...
and the '' Sunnah'' (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's message on Earth and to serve as models of ideal human behaviour. Some prophets ar ...
Muhammad Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
and his companions). Fiqh expands and develops Shariah through interpretation ('' ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''
ulama In Islam, the ''ulama'' (; ar, علماء ', singular ', "scholar", literally "the learned ones", also spelled ''ulema''; feminine: ''alimah'' ingularand ''aalimath'' lural are the guardians, transmitters, and interpreters of religious ...
'') and is implemented by the rulings (''
fatwa A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist ...
'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, Fi''qh'' 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". pl. مَذَاهِب , ) is a school of thought within '' fiqh'' (Islamic jurisprudence). The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centurie ...
'') of ''fiqh'' within
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a dis ...
practice, plus two (or three) within Shi'a practice. A person trained in ''fiqh'' is known as a ''
faqīh A faqīh (plural ''fuqahā'', ar, فقيه, pl. ‏‎) is an Islamic jurist, an expert in ''fiqh'', or Islamic jurisprudence and Islamic Law. Definition Islamic jurisprudence or ''fiqh'' is the human understanding of the Sharia (b ...
'' (plural ''fuqaha''). Figuratively, ''fiqh'' means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the '' mujtahid'' (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'' (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 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''), sinful ('' haraam''), recommended ('' mandūb''), disapproved ('' makrūh''), or neutral ('' mubah'')". This definition is consistent amongst the jurists. In
Modern Standard Arabic Modern Standard Arabic (MSA) or Modern Written Arabic (MWA), terms used mostly by linguists, is the variety of standardized, literary Arabic that developed in the Arab world in the late 19th and early 20th centuries; occasionally, it also re ...
, ''fiqh'' has also come to mean Islamic jurisprudence. It is not thus possible to speak of Chief Justice John Roberts as an expert in the
common law In law, common law (also known as judicial precedent, 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 opinions."The common law is not a brooding omniprese ...
''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 Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, or of
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a List of transcontinental countries, transcontinental country spanning the North Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via a land bridg ...
ian legal scholar Abd El-Razzak El-Sanhuri as an expert in the civil law ''fiqh'' of Egypt.


History

According to Sunni Islamic history, Sunni law followed a chronological path of: * Allah->
Muhammad Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
-> 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, , , , , , , 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 approva ...
). 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 Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
in 11 AH. *second period "characterized by personal interpretations" of the canon by the '' Sahabah'' 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 western Arabia 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 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, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named a ...
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 and Abd El-Razzak El-Sanhuri 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 bee ...
", 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 Bernard G. Weiss (10 August 1933 – 8 February 2018) was a professor of languages and literature at the University of Utah. He has an extensive publication record and is recognized as one of the foremost scholars in Islamic law, Islamic theology ...
, (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 (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , si ...
, Sunnah, ''
ijma ''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
'', and '' 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: ) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is ...
''), laws of the previous prophets (''
shara man qablana Shara may refer to: *Shara District, an administrative subdivision of Iran *Shara, Leh, a village in Jammu and Kashmir, India * Šar Mountains (''Shar Mountains''), colloquially Šara (''Shara''), Balkans *Shara (god), son of Inanna and brother of L ...
''), continuity (''
istishab Istishab ( ar, استصحاب ) is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. It is derived from an Arabic word ''suhbah'' meaning accompany. It is one of the fundamental principles of the ...
''), extended analogy (''
maslaha mursala Maslaha or maslahah ( ar, مصلحة, lit=public interest) is a concept in shari'ah ( Islamic divine law) regarded as a basis of law.I. Doi, Abdul Rahman. (1995). "Mașlahah". In John L. Esposito. ''The Oxford Encyclopedia of the Modern Islamic W ...
''), 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 empowers and mobilizes students a ...
''), 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, responsibilities, and rules for people and societies to adhere to, such as dealing in
interest In finance and economics, interest is payment from a borrower or deposit-taking financial institution to a lender or depositor of an amount above repayment of the principal sum (that is, the amount borrowed), at a particular rate. It is distin ...
. 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 ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
, 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's message on Earth and to serve as models of ideal human behaviour. Some prophets ar ...
Muhammad Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
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, many of whom settled in Madina. Muwatta by Malik ibn Anas 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.''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. He then taught his son Hisham ibn Urwah, who was the main teacher of Malik ibn Anas whose views many Sunni follow and also taught Jafar al-Sadiq. Qasim ibn Muhammad ibn Abi Bakr, Hisham ibn Urwah and Muhammad al-Baqir taught Zayd ibn Ali, Jafar al-Sadiq, Abu Hanifa, and Malik ibn Anas. Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in Al-Masjid an-Nabawi in Medina. Along with Qasim ibn Muhammad ibn Abi 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 was taught by Al-Shafi‘i. Muhammad al-Bukhari travelled everywhere collecting hadith and his father
Ismail ibn Ibrahim Ismail Ibn Ibrahim ( ar, اسماعيل بن ابراهيم) (756 – 810) was most notable for being the father of Imam Bukhari. Ismail ibn Ibrahim died in 810, when Imam Bukhari was only an infant, not yet 1 year old. Biography Ancestry Isma ...
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 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 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's message on Earth and to serve as models of ideal human behaviour. Some prophets ar ...
Muhammad Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
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 to deduce that it did not conflict with the Quran or the Hadith. As explained in the Muwatta by Malik ibn Anas. 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 , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
'') and analogical reasoning ('' qiyas''). This then resulted in jurists like Muhammad al-Bukhari dedicating their lives to the collection of the correct Hadith, in books like Sahih al-Bukhari. 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 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 gave their allegiance to the first three caliphs because they abided by these conditions. Later 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 ''qadar'', meaning literally "power",J. M. Cowan (ed.) (1976). ''The Hans Wehr Dictionary of Modern Written Arabic''. Wiesbaden, Germany: Spoken Language Services. but translated variously as: "Fate", "Di ...
) when Yazid I, an oppressive ruler took power, Hussein ibn Ali the grandson of
Muhammad Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
felt that it was a test from God for him and his duty to confront him. Then Abd Allah ibn al-Zubayr, Qasim ibn Muhammad ibn Abi Bakr'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 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 Umayyads then moved in. After a lengthy campaign, in his last hour Abd Allah ibn al-Zubayr asked his mother
Asma' bint Abu Bakr Asmāʾ bint Abī Bakr ( ar, أسماء بنت أبي بكر; 594/595 – 692 CE) was one of the companions of the Islamic prophet Muhammad and half-sister of his third wife Aisha. She is regarded as one of the most prominent Islamic figures, as ...
the daughter of
Abu Bakr Abu Bakr Abdallah ibn Uthman Abi Quhafa (; – 23 August 634) was the senior companion and was, through his daughter Aisha, a father-in-law of the Islamic prophet Muhammad, as well as the first caliph of Islam. He is known with the honor ...
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 the son of
Abu Bakr Abu Bakr Abdallah ibn Uthman Abi Quhafa (; – 23 August 634) was the senior companion and was, through his daughter Aisha, a father-in-law of the Islamic prophet Muhammad, as well as the first caliph of Islam. He is known with the honor ...
the first caliph and raised by Ali the fourth caliph was also killed by 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 ...
s. Aisha then raised and taught her son Qasim ibn Muhammad ibn Abi Bakr who later taught his grandson Jafar al-Sadiq. During the early Umayyad 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 (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , si ...
#
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 approva ...
Secondary sources
:3.
Ijma ''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
, i.e. collective reasoning and consensus amongst authoritative Muslims of a particular generation, and its interpretation by Islamic scholars.
:4. Ijtihad, i.e. independent legal reasoning by Islamic jurists Majority of Sunni Muslims view '' Qiyas'' as a central Pillar of '' Ijtihad''. On the other hand; Zahirites, Ahmad ibn Hanbal, Al-Bukhari, early Hanbalites, etc. rejected ''Qiyas'' amongst the Sunnis. Similarly, the ''
Shi’a Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most n ...
'' jurists almost unanimously reject both pure reason and analogical reason; viewing both these methods as subjective. The
Qur'an The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , si ...
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 Hadith al-Thaqalayn () refers to a hadith () attributed to the Islamic prophet Muhammad that introduces the Quran and his progeny as the only sources of divine guidance after his death. Widely reported by both Shia and Sunni authorities, ...
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 the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a dis ...
jurists use historical consensus of the community ('); a majority in the modern era also use 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; is considered worthy of spiritual respect or devotion; or inspires awe or reverence among believers. The property is often ascribed to objects ( ...
and the schools of thought have differing views on its details, without viewing other conclusions as 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 ' ( ar, فرض) or ' () or fardh in Islam is a religious duty commanded by God. The word is also used in Turkish, Persian, Pashto, Urdu (''spelled farz''), and Malay (''spelled fardu or fardhu'') in the same meaning. Muslims who obey such co ...
'') # Recommendation ('' mustahabb'') # Permissibility ('' mubah'') # Disrecommendation (''
makrooh In Islamic terminology, something which is ''makruh'' ( ar, مكروه, transliterated: ''makrooh'' or ''makrūh'') is a disliked or offensive act (literally "detestable" or "abominable"). This is one of the five categories (''al-ahkam al-khams ...
'') # Prohibition ('' haraam'') 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 phrase, approximately translated as "mode (or manner) of o ...
of the Muslim jurist is known as '' usul al-fiqh'' ("principles of jurisprudence"). There are different approaches to the methodology used in jurisprudence to derive Islamic rulings from the primary sources of ''
sharia Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
'' (Islamic law). The main methodologies are those of the
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a dis ...
, Shi'a and Ibadi denominations. While both Sunni and Shi'ite (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 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 or khilāfah ( ar, خِلَافَة, ) is an institution or public office under the leadership of an Islamic steward with the title of caliph (; ar, خَلِيفَة , ), a person considered a political-religious successor to th ...
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: * Rome, the capital city of Italy * Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of ancient Rome *''Epistle to the Romans'', shortened to ''Romans'', a lett ...
system of '' responsa''," 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". pl. مَذَاهِب , ) is a school of thought within '' fiqh'' (Islamic jurisprudence). The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centurie ...
'') 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'', 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'') 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 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 ...
'' 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 by some. The phrase " Islamisation of knowledge" was first used and proposed by the Malaysian scholar Syed Muhammad Naquib al-Attas in his book "Islam and Secularism" (first published in 1978). ...
, 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 ''aalimath'' 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 *
Economics Economics () is the social science that studies the production, distribution, and consumption of goods and services. Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics anal ...
* Etiquette *
Family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
* Hygienical *
Inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...
*
Marital Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
*
Military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
*
Political Politics (from , ) is the set of activities that are associated with making decisions in groups, or other forms of power relations among individuals, such as the distribution of resources or status. The branch of social science that studi ...
*
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, typically in universities and seminaries. It occupies itself with the unique content of analyzing the s ...


Schools of jurisprudence

There are several schools of fiqh thought ( ar, مذهب '; pl. ') The schools of
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a dis ...
Islam are each named by students of the classical jurist who taught them. The
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a dis ...
schools (and where they are commonly found) are *
Hanafi The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named a ...
(
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula ...
,
the Balkans The Balkans ( ), also known as the Balkan Peninsula, is a geographical area in southeastern Europe with various geographical and historical definitions. The region takes its name from the Balkan Mountains that stretch throughout the who ...
,
the Levant The Levant () is an approximate historical geographical term referring to a large area in the Eastern Mediterranean region of Western Asia. In its narrowest sense, which is in use today in archaeology and other cultural contexts, it is equ ...
,
Central Asia Central Asia, also known as Middle Asia, is a region of Asia that stretches from the Caspian Sea in the west to western China and Mongolia in the east, and from Afghanistan and Iran in the south to Russia in the north. It includes the fo ...
,
Indian subcontinent The Indian subcontinent is a physiographical region in Southern Asia. It is situated on the Indian Plate, projecting southwards into the Indian Ocean from the Himalayas. Geopolitically, it includes the countries of Bangladesh, Bhutan, In ...
,
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
,
Alexandria, Egypt Alexandria ( or ; ar, ٱلْإِسْكَنْدَرِيَّةُ ; grc-gre, Αλεξάνδρεια, Alexándria) is the second largest city in Egypt, and the largest city on the Mediterranean coast. Founded in by Alexander the Great, Alexandria ...
, and Russia's Muslim community) *
Maliki The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as prima ...
(
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 ...
,
West Africa West Africa or Western Africa is the westernmost region of Africa. The United Nations defines Western Africa as the 16 countries of Benin, Burkina Faso, Cape Verde, The Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Liberia, Mali ...
and Eastern Arabia#Religion) *
Shafi'i The Shafii ( ar, شَافِعِي, translit=Shāfiʿī, also spelled Shafei) school, also known as Madhhab al-Shāfiʿī, is one of the four major traditional schools of religious law (madhhab) in the Sunnī branch of Islam. It was founded by ...
(
Kurdistan Kurdistan ( ku, کوردستان ,Kurdistan ; lit. "land of the Kurds") or Greater Kurdistan is a roughly defined geo-cultural territory in Western Asia wherein the Kurds form a prominent majority population and the Kurdish culture, languag ...
,
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Gui ...
,
Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federal constitutional monarchy consists of thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Mal ...
,
Brunei Brunei ( , ), formally Brunei Darussalam ( ms, Negara Brunei Darussalam, Jawi: , ), is a country located on the north coast of the island of Borneo in Southeast Asia. Apart from its South China Sea coast, it is completely surrounded by th ...
,
Cairo Cairo ( ; ar, القاهرة, al-Qāhirah, ) is the capital of Egypt and its largest city, home to 10 million people. It is also part of the largest urban agglomeration in Africa, the Arab world and the Middle East: The Greater Cairo metr ...
,
East Africa East Africa, Eastern Africa, or East of Africa, is the eastern subregion of the African continent. In the United Nations Statistics Division scheme of geographic regions, 10-11-(16*) territories make up Eastern Africa: Due to the historica ...
, Southern
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast and ...
, 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 ...
) *
Hanbali The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools ('' madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanba ...
(
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the Ara ...
) see Wahhabism * Ahl-i Hadith * Zahiri (minority communities in
Morocco Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to A ...
and
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
) * Jariri,
Laythi The Laythi madhhab ( ar, المذهب الليثي) was an 8th-century religious law school of Fiqh within Sunni Islam whose Imam was Al-Layth ibn Sa'd. One of known characteristics of al-Layth jurisprudence was his rejection towards Maliki Th ...
, Awza'i, Thawri, and
Qurtubi Imam Abū ʿAbdullāh Al-Qurṭubī or Abū ʿAbdullāh Muḥammad ibn Aḥmad ibn Abī Bakr al-Anṣārī al-Qurṭubī ( ar, أبو عبدالله القرطبي) (121429 April 1273) was an Andalusian jurist, Islamic scholar and muhaddith. He ...
no longer exist. The schools of
Shia Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, mos ...
Islam comprise: * Ja'fari ( Twelver Shia:
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
,
Azerbaijan Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of th ...
,
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
,
Lebanon Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to the north and east and Israel to the south, while Cyprus lie ...
, etc.) * Isma'ili (minority communities in
Central Asia Central Asia, also known as Middle Asia, is a region of Asia that stretches from the Caspian Sea in the west to western China and Mongolia in the east, and from Afghanistan and Iran in the south to Russia in the north. It includes the fo ...
,
Levant The Levant () is an approximate historical geographical term referring to a large area in the Eastern Mediterranean region of Western Asia. In its narrowest sense, which is in use today in archaeology and other cultural contexts, it is ...
,
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 ...
, and
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
) * Zaydi (Northern
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the north and Oman to the northeast and ...
) Entirely separate from both the Sunni and Shia traditions,
Khawarij The Kharijites (, singular ), also called al-Shurat (), were an Islamic sect which emerged during the First Fitna (656–661). The first Kharijites were supporters of Ali who rebelled against his acceptance of arbitration talks to settle the ...
Islam has evolved its own distinct school. * Ibadi (
Oman Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ عُمان ), is an Arabian country located in southwestern Asia. It is situated on the southeastern coast of the Arabian Peninsula, and spans the mouth of ...
) These schools share many of their rulings, but differ on the particular
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 approva ...
s they accept as authentic and the weight they give to analogy or reason ( 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 scholar born in ...
, 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 institutions 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, traditionally dated from the 8th century to the 14th century. This period is traditionally understood to have begun during the reign ...
. One such institution was the '' Hawala'', an early informal value transfer system, 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: Organizations * Institution, governmental or others ** Advertising agency or marketing agency, a service business dedicated to creating, planning and handling advertising for its clients ** Employment agency, a business that ...
in
common law In law, common law (also known as judicial precedent, 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 opinions."The common law is not a brooding omniprese ...
and in civil laws such as the ''aval'' in French law and the ''avallo'' in Italian law. The '' Waqf'' in Islamic law, 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 gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "sett ...
in the English trust law. For example, every ''Waqf'' was required to have a ''waqif'' (settlor), ''mutawillis'' (trustee), ''
qadi A qāḍī ( ar, قاضي, Qāḍī; otherwise transliterated as qazi, cadi, kadi, or kazi) is the magistrate or judge of a '' sharīʿa'' court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and mino ...
'' (judge) and beneficiaries. The trust law developed in
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
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 best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were ...
, 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: ) is a geopolitical region commonly encompassing Arabian Peninsula, Arabia (including the Arabian Peninsula and Bahrain), Anatolia, Asia Minor (Asian part of Turkey except Hatay Pro ...
. In classical Islamic jurisprudence, litigants in court may obtain
notarized A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is disti ...
statements from between three and twelve witnesses. When the statements of all witnesses are consistent, the notaries will certify their unanimous testimony in a legal document, which may be used to support the litigant's claim. The notaries serve to free the judge from the time-consuming task of hearing the testimony of each eyewitness himself, and their documents serve to legally authenticate each oral testimony. The
Maliki The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as prima ...
school requires two notaries to collect a minimum of twelve eyewitness statements in certain legal cases, including those involving unregistered marriages and land disputes. John Makdisi has compared this group of twelve witness statements, known as a ''lafif'', to English Common Law jury trials under Henry II, surmising a link between the king’s reforms and the legal system of the Kingdom of Sicily. The island had previously been ruled by various Islamic dynasties. Several other fundamental
common law In law, common law (also known as judicial precedent, 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 opinions."The common law is not a brooding omniprese ...
institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence, and introduced to England by the
Normans The Normans ( Norman: ''Normaunds''; french: Normands; la, Nortmanni/Normanni) were a population arising in the medieval Duchy of Normandy from the intermingling between Norse Viking settlers and indigenous West Franks and Gallo-Romans. ...
after the Norman conquest of England 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 best known of these Crusades are those to the Holy Land in the period between 1095 and 1291 that were ...
. In particular, the "royal English
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
protected by the action of
debt Debt is an obligation that requires one party, the debtor, to pay money or other agreed-upon value to another party, the creditor. Debt is a deferred payment, or series of payments, which differentiates it from an immediate purchase. The ...
is identified with the Islamic ''Aqd'', the English
assize of novel disseisin In English law, the assize of novel disseisin ("recent dispossession"; ) was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II i ...
is identified with the Islamic ''Istihqaq'', and the English
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England d ...
is identified with the Islamic ''lafif''." John Makdisi speculated that English legal institutions such as "the
scholastic method Scholasticism was a medieval school of philosophy that employed a critical organic method of philosophical analysis predicated upon the Aristotelian 10 Categories. Christian scholasticism emerged within the monastic schools that translate ...
, the licence to teach", the " law schools known as Inns of Court in England and '' Madrasas'' in Islam" and the "European commenda" (Islamic '' Qirad'') may have also originated from Islamic law. The methodology of legal precedent and reasoning by analogy ('' 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'' ( ur, بہارِ شریعت; 1939) is an encyclopedia of Islamic fiqh (jurisprudence), according to the Hanafi school. Spreading over 20 volumes, Seventeen of its volumes were written by Amjad Ali Aazmi, a disciple of Ahmed R ...
'' *
Glossary of Islam The following list consists of notable concepts that are derived from Islamic and associated cultural (Arab, Persian, Turkish) traditions, which are expressed as words in Arabic or Persian language. The main purpose of this list is to disambig ...
*
Index of Islam-related articles This is an alphabetical list of topics related to Islam, the history of Islam, Islamic culture, and the present-day Muslim world, intended to provide inspiration for the creation of new articles and categories. This list is not complete; please add ...
*
Ja'fari jurisprudence Jaʿfarī jurisprudence ( ar, الفقه الجعفري; also called Jafarite in English), Jaʿfarī school or Jaʿfarī fiqh, is the school of jurisprudence (''fiqh'') in Twelver and Ismaili (including Nizari) Shia Islam, named after the si ...
* Outline of Islam * List of Islamic terms in Arabic *'' Ma'ruf'' *'' Mizan'', a comprehensive treatise on the contents of Islam written by
Javed Ahmed Ghamidi Javed Ahmad Ghamidi ( ur, , translit=Jāvēd Aḥmad Ghāmidī; April 7, 1952) is a Pakistani philosopher, educationist, and scholar of Islam. He is also the founding President of Al-Mawrid Institute of Islamic Sciences and its sister organisat ...
. *
Palestinian law Palestinian 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 2021, due to the complex legal history of the area. Palestinian law includ ...
*
Schools of Islamic theology Schools of Islamic theology are various Islamic schools and branches in different schools of thought regarding '' ʿaqīdah'' (creed). The main schools of Islamic Theology include the Qadariyah, Falasifa, Jahmiyya, Murji'ah, Muʿtazila, Bat ...
* 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, Mainz: Institute of European History, 2011. (Retrieved 28 November 2011.)


External links

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