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Qiyas
Qiyas (, , ) is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran in Islamic jurisprudence, in order to apply a known injunction ('' nass'') to a new circumstance and create a new injunction. Here the ruling of the sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes (, ''ʿillah''). The ʿillah is the specific set of circumstances that trigger a certain law into action. An example of the use of qiyās is the case of the ban on selling or buying of goods after the last call for Friday prayers until the end of the prayer stated in the . By analogy this prohibition is extended to other transactions and activities such as agricultural work and administration. Among Sunni Muslims, Qiyas has been accepted as a seco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shafi'i
The Shafi'i school or Shafi'i Madhhab () or Shafi'i is one of the four major schools of fiqh (Islamic jurisprudence), belonging to the Ahl al-Hadith tradition within Sunni Islam. It was founded by the Muslim scholar, jurist, and traditionist al-Shafi'i (), "the father of Muslim jurisprudence", in the early 9th century. The other three schools of Sunnī jurisprudence are Ḥanafī, Mālikī and Ḥanbalī. Like the other schools of fiqh, Shafii recognize the First Four Caliphs as the Islamic prophet Muhammad's rightful successors and relies on the Qurʾān and the "sound" books of Ḥadīths as primary sources of law. The Shafi'i school affirms the authority of both divine law-giving (the Qurʾān and the Sunnah) and human speculation regarding the Law. Where passages of Qurʾān and/or the Ḥadīths are ambiguous, the school seeks guidance of Qiyās (analogical reasoning). The Ijmā' (consensus of scholars or of the community) was "accepted but not stressed". The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Zahiris
The Zahiri school or Zahirism is a school of Islamic jurisprudence within Sunni Islam. It was named after Dawud al-Zahiri and flourished in Spain during the Caliphate of Córdoba under the leadership of Ibn Hazm. It was also followed by the majority of Muslims in Mesopotamia, Portugal, the Balearic Islands, and North Africa. The Zahiri school lost it's presence around the 14th-century. The school is considered to be endangered, but it continues to exert influence over legal thought. Today It is followed by minority communities in Morocco and Pakistan. The Zahiri school is characterized by strict adherence to literalism and reliance on the outward (''ẓāhir'') meaning of expressions in the Quran and ''ḥadīth'' literature; the consensus (''ijmāʿ'') of the first generation of Muhammad's closest companions (''ṣaḥāba''), for sources of Islamic law (''sharīʿa''); and rejection of analogical deduction (''qiyās'') and societal custom or knowledge (''urf''), used by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Philosophy
Islamic philosophy is philosophy that emerges from the Islamic tradition. Two terms traditionally used in the Islamic world are sometimes translated as philosophy—''falsafa'' (), which refers to philosophy as well as logic, mathematics, and physics; and ''kalam'' (), which refers to a Rationalism, rationalist form of Schools of Islamic theology#ʿIlm_al-Kalām, Scholastic Islamic theology which includes the schools of Maturidiyah, Ashari, Ashaira and Mu'tazila. Early Islamic philosophy began with al-Kindi in the 2nd century of the Islamic calendar (early 9th century CE) and ended with Averroes, Ibn Rushd (Averroes) in the 6th century AH (late 12th century CE), broadly coinciding with the period known as the Islamic Golden Age, Golden Age of Islam. The death of Averroes effectively marked the end of a specific discipline of Islamic philosophy usually called the Islamic peripatetic school, and philosophical activity declined significantly in the west of the Islamic world, includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh Encyclopædia Britannica ''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''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 econo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dawud Al-Zahiri
Dāwūd ibn ʿAlī ibn Khalaf al-Ẓāhirī (; 815–883 CE / 199–269 AH) was a Sunni Islam, Sunnī Muslim Ulama, scholar, Faqīh, jurist, and Islamic theology, theologian during the Islamic Golden Age, specialized in the study of Sharia, Islamic law (''sharīʿa'') and the fields of hermeneutics, biographical evaluation, and historiography of early Islam. He was the eponymous founder of the Zahiri, Ẓāhirī Madhhab, school of thought (''madhhab''), the fifth school of thought in Sunni Islam, Sunnī Islam, characterized by its Zahir (Islam), strict adherence to literalism and reliance on the outward (''ẓāhir'') meaning of expressions in the Quran and Hadith, ''ḥadīth'' literature; the Ijma, consensus (''ijmāʿ'') of the first generation of Companions of the Prophet, Muhammad's closest companions (''ṣaḥāba''), for sources of Sharia, Islamic law (''sharīʿa''); and rejection of Qiyas, analogical deduction (''qiyās'') and Urf, societal custom or knowledge (''urf'') ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Law
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists – reflecting the tendencies of different schools – and integrated and with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional theory of Islamic jurisprudence recognizes four sources for Ahkam al-sharia: the Qur'an, ''sunnah'' (or authentic ahadi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Analogy
Analogy is a comparison or correspondence between two things (or two groups of things) because of a third element that they are considered to share. In logic, it is an inference or an argument from one particular to another particular, as opposed to deduction, induction, and abduction. It is also used where at least one of the premises, or the conclusion, is general rather than particular in nature. It has the general form ''A is to B as C is to D''. In a broader sense, analogical reasoning is a cognitive process of transferring some information or meaning of a particular subject (the analog, or source) onto another (the target); and also the linguistic expression corresponding to such a process. The term analogy can also refer to the relation between the source and the target themselves, which is often (though not always) a similarity, as in the biological notion of analogy. Analogy plays a significant role in human thought processes. It has been argued that analogy li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from Civil law (legal system), civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law (legal system), Civil law systems, in contrast, are characterized by comprehensive Code of law, codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ijma
Ijma (, ) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard it as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah. Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of Ijma (i.e., lack of consensus on a point of Islamic law) is called '' ikhtilaf''. Proof of the validity of Ijma In the Quran Imam Al-Shafi'i was once approached by an old man who asked for proof of Ijma from the Quran. Imam Al-Shafi'i went home and recited the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Shafi'i
Al-Shafi'i (; ;767–820 CE) was a Muslim scholar, jurist, muhaddith, traditionist, theologian, ascetic, and eponym of the Shafi'i school of Sunni Islamic jurisprudence. He is known to be the first to write a book upon the principles of Islamic jurisprudence, having authored one of the earliest work on the subject: '' al-Risala''. His legacy and teaching on the matter provided it with a systematic form, thereby "fundamentally influencing the succeeding generations which are under his direct and obvious impact," and "beginning a new phase of the development of legal theory." Being born in Gaza, Palestine, to the Banu Muttalib clan of the Quraysh tribe, he relocated at the age of two and was raised in Mecca. He later resided in Medina, Yemen, Baghdad in Iraq, and Egypt, and also served as a judge for some time in Najran. Introduction The biography of al-Shafi'i is difficult to trace. It was said Dawud al-Zahiri (d. 884 CE) was the first to write one, but the work ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadith
Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ( companions in Sunni Islam, Ahl al-Bayt in Shiite Islam). Each hadith is associated with a chain of narrators ()—a lineage of people who reportedly heard and repeated the hadith from which the source of the hadith can be traced. The authentication of hadith became a significant discipline, focusing on the ''isnad'' (chain of narrators) and '' matn'' (main text of the report). This process aimed to address contradictions and questionable statements within certain narrations. Beginning one or two centuries after Muhammad's death, Islamic scholars, known as muhaddiths, compiled hadith into distinct collections that survive in the historical works of writers from the second and third centuries of the Muslim era ( 700−1000 CE). For ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
