Sharia Explained

Sharia, Sharī'ah, Shari'a, Shariah or Syariah is a body of religious law that forms a part of the Islamic tradition[1] [2] based on scriptures of Islam, particularly the Qur'an and hadith. In Arabic, the term sharīʿah refers to Allah's immutable divine law and this is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning,[3] [4] and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers.

Traditional theory of Islamic jurisprudence recognizes four sources of Sharia: the Qur'an, sunnah (or authentic ahadith), ijma (lit. consensus) (may be understood as ijma al-ummah – a whole Islamic community consensus, or ijma al-aimmah – a consensus by religious authorities[5] and analogical reasoning.[6] Four legal schools of Sunni Islam — Hanafi, Maliki, Shafiʽi and Hanbali — developed methodologies for deriving rulings from scriptural sources using a process known as ijtihad .[7] Traditional jurisprudence distinguishes two principal branches of law, rituals and social dealings; subsections family law, relationships (commercial, political / administrative) and criminal law, in a wide range of topics. Its rulings are concerned with ethical standards as much as legal norms, assigning actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited.[7] Some have argued that the definition of good and evil, which is frequently repeated in the Quran regarding the attributes of believers as "those who command ma’ruf and forbid munkar" (Al Imran:104) and is also used in Islamist indoctrination[8] is hidden in this classification.[9]

Notes and References

  1. Book: Bassiouni . M. Cherif . M. Cherif Bassiouni . 2014 . 2013 . The Sharīa, Sunni Islamic Law (Fiqh), and Legal Methods (Ilm Uṣūl al-Fiqh) . https://books.google.com/books?id=Tbj1AAAAQBAJ&pg=PA18 . Bassiouni . M. Cherif . The Shari'a and Islamic Criminal Justice in Time of War and Peace . . . 18–87 . 10.1017/CBO9781139629249.003 . 9781139629249 . 2013019592 . 17 October 2021 . 17 October 2021 . https://web.archive.org/web/20211017234851/https://books.google.com/books?id=Tbj1AAAAQBAJ&pg=PA18 . live .
  2. Web site: British & World English: sharia . Oxford University Press . 4 December 2015 . Oxford . https://web.archive.org/web/20151208120345/https://www.oxforddictionaries.com/definition/english/sharia . 8 December 2015 . dead .
  3. "Customary law has also been an important part of Islamic law. It was used to resolve disputes that were not covered by sharia, and it also helped to adapt sharia to the needs of different societies and cultures." Islamic Law: An Introduction by John Esposito (2019) Esposito, John. Islamic Law: An Introduction. Oxford University Press, 2019. Page 31
  4. "Another key principle that the early Islamic jurists developed was the concept of urf, or customary law. Urf is the customary practices of a particular community. The early jurists recognized that urf could be used to supplement or complement Islamic law. For example, if there was no clear ruling on a particular issue in the Quran or hadith, the jurists could look to urf for guidance." The Oxford Handbook of Islamic Law; Emon, Anver M., and Rumee Ahmed, editors. The Oxford Handbook of Islamic Law. Oxford University Press, 2018. p. 25.
  5. Book: Corinna Standke. Sharia - The Islamic Law. 9 June 2012. 30 August 2008. GRIN Verlag. 978-3-640-14967-4. 4–5.
  6. [John Esposito|John L. Esposito]
  7. Encyclopedia: Islamic Law . John L. Esposito . The Oxford Dictionary of Islam . Oxford University Press . Oxford . 2014 . 29 January 2017 . https://web.archive.org/web/20190331154513/http://www.oxfordislamicstudies.com/print/opr/t125/e1107 . 31 March 2019 . dead .
  8. In addition to encouraging religious violent behavior, textualism and Islamism also correlate positively with general violent behavior and state violence https://www.jurnalhunafa.org/index.php/hunafa/article/download/618/518/
  9. Islam has classified the values vis-a-vis the ahkams into two categories: an action or thing is considered to be bad (qabih) if it falls within the categories of makruh or haram. Those actions and things falling within the remaining three categories of mubah, mustahabb and halal are said to be good

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