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PRINCIPLES AND PRACTICE OF ISLAMIC LAW

PRINCIPLES AND PRACTICE OF ISLAMIC LAW. SHARI’AH. The centerpiece and backbone of the religion of Islam. Based on 1. Qur’an 2. Sunnah (practice of Muhammad) 3. Hadith (report Shari’ah covers every aspect of a Muslim’s life. a. private matters between the individual and God

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PRINCIPLES AND PRACTICE OF ISLAMIC LAW

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  1. PRINCIPLES AND PRACTICE OF ISLAMIC LAW

  2. SHARI’AH • The centerpiece and backbone of the religion of Islam. Based on • 1. Qur’an • 2. Sunnah (practice of Muhammad) • 3. Hadith (report • Shari’ah covers every aspect of a Muslim’s life. • a. private matters between the individual and God • b. relationships with family and community

  3. Fiqh • Categories and subjects of Islamic law. • 1. Islamic worship • 2. Family relations • 3. Inheritance • 4. Commerce • 5. Civil (tort) law • 6. Criminal law • 7. International Relations

  4. Muslim Jurists • Qadi = A judge that serves in a court • Mufti = gives legal responses (fatwa) to people’s questions. • Fuqaha = the class of Muslim scholars who dealt in theoretical Islamic law (fiqh)

  5. Jurist’s qualifications • Possess many branches of knowledge • Know the Qur’an • Know the Hadith • Know how to interpret these sources • Knowledge of Arabic language and its grammar • Logic • History • General knowledge and specialized areas such as commerce or international relations

  6. Knowing history of the law • Knowing the schools of law their differences and legal precedents • Problem: were scholars with specialized training but limited authority. Since no clergy, no central authority to hand out final judgments .

  7. The source of a Muslim jurist’s knowledge comes only from their recognized knowledge-not from the government, not from a central religious authority, and not from a claim to divine right. A Muslim consulting a jurist is responsible for following their own conscience in deciding the right course of action to take based on the jurist’s advice. • If an official is in an official court has the authority of the office.

  8. How to reach a decision • Hukm = the ruling that a judge makes. • Fatwah: a jurist’s response to a question from an individual or a group • Spectrum for judging actions in Islamic law” • 1. Forbidden • 2. Discouraged • 3.Ppermitted • 4. Encouraged • 5. Oblgatory

  9. Usul al-fiqh • Sources of law, define the principles and methods on which it is based. • 1. Qur’an • 2. Sunnah • 3. Haddith • If not clear go to 2 other sources: • 4. Ijma: unanimous consensus among jurists • 5. qiyas; decisions by analogy

  10. Ijma • After making public a judgment about a matter of law, jurists found general agreement with the finding. No jurists made sound legal arguments against the finding. From a time when Muslim scholars knew each other. It is being debated today.

  11. Qiyas • Analogy = using logic and reasoning to apply a known law to a new situation not covered in the original law. i.e. Islam forbids Muslims to drink wine. Jurists have applied this to no drinking whiskey and beer or using drugs like opium.

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