Muslims believe that Sharia is the law of God, but differ as to what it entails. Modernists, traditionalists and fundamentalists all have different views of Sharia, as adherents of various schools of Islamic thought and scholarship. Different countries and cultures have different interpretations of sharia as well. Sharia deals with many issues that secular laws, including crime, politics and economics, as well as personal issues like sexuality, hygiene, diet, prayer and fasting. Where it has official status, it is carried out by Islamic Sharia judges, or Kadi. The magnet has different responsibilities depending on the interpretation of sharia, while the term commonly used to refer to the head of common prayer, the magnet can also be a scholar, religious leader or political leader. The reintroduction of Sharia is a longstanding goal of Islamist movements in Muslim countries. Some Muslim minorities in Asia (including India) have kept the institutional recognition of sharia law to rule on personal business and society. In Western countries, where Muslim immigration is recent, have Muslim minorities introduced Islamic family law, for use in their own conflicts, with varying degrees of success (for example, Muslims in Britain Arbitration.) Attempts to introduce Sharia law has been accompanied of controversy, violence and even war (see Sudan Civil War). Sharia is the Islamic holy law. Most Muslims believe that Sharia is derived from two main sources of Islamic law, established the divine revelations in the Koran and the example of the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of Sharia to the questions that are not directly targeting the primary sources through the involvement of secondary sources. These secondary sources often include consensus among scholars of religion is enshrined in the ijma, and the analogy of the Quran and Sunnah through qiyas. Shia jurists qiyas replace analogy with “AQL, reasoning. In the spirit of Islamic law professor Bernard G. Weiss called “archaic Arabic,” the way to the pond. “Sharia means, when we consider the importance of a well trodden path to a source of water for humans and animals in the dry desert environment, you can easily see why this concept in the Muslim use has become a metaphor a great way to life ordained of God. “In Understanding Islamic Law: from classical to modern, Professor Irshad Abdale-Haqq states” shariah, or more properly Al-Sharia, which literally means the path, the path to follow, or ready to follow, and come within the meaning of the route that the believer has to go. Shari’ah In the original use meant the way to wash or path that leads to water, ie shape of the source of life. The technical implementation of the term as a reference the law of Islam is directly traceable to the Qur’an, which adherents of Islam, believers are exhorted by Allah (God) to keep clear and concise way, the path of Shariah, then you put the wrong (right) of religion to follow you that (way) and not follow the wishes of those who do not know [Quran 45:18] “According to Abdul Mannan Omar his Dictionary of the Koran, the word 45th: 18 (Abdale-Haqq see above) derived from “the root of the Koran leads Shara’a covers. Shara’a (. Prf as a third pm sing ..) which means” order “that appears once in the Quran in verse 45:13; Shara’u (prf. third plurality late ..)
“It was decreed (law)” that appears once in 42:21, Shir’atun (n.) “spiritual law” used at 5:48, finally Shariatun (. ACT SECOND photo f. .. Sings) “system of divine law, the” way of faith and practice are used to 45:18. Definitions and descriptions of Sharia has been defined as * “Muslim or Islamic law, both civil and criminal justice and regulation of individual behavior, both personally and morally. The custom body based on the law based on Quran and Islam. Because, per definition, Muslim states are theocracies, religious texts are law, it is distinguished by Islam and Muslims in their application under Sharia or Islamic law. “*” A debate on the rights of Muslims, “Alexander Hamilton Rosskeen * Gibb” a long tradition various, complex intellectual, rather than a “well-defined specific rules and regulations that can be easily applied to life situations,” Hunt Janin and Others * Kahlmeyer “a view shared by the Community [Islamic] based on a literature that is comprehensive, but not necessarily coherent or authorized by an agency, “Knut-S. Vikor From the ninth century, the authority to interpret and refine the law in traditional Islamic society was in the hands of the scholars (ulama). This separation of powers serves to limit the various actions available to the ruling, which can not be easily reinterpret legislative decree or independently and has continued support of the community. Over the centuries and empires, balance between the ulama and the rulers changed and reformed, but the balance of power has not changed permanently. In early the nineteenth century ushered in the Industrial Revolution and the French revolution in the era of European world domination includes mastery of most of the lands of Islam. At the end of WWII, the European powers were too weak to maintain their empires. The many various forms of government, legal systems, attitudes towards modernity and interpretation of Sharia is the result of the devices that followed independence and modernity in the Muslim world. traditional perspectives on Sharia Most Muslims regard themselves as belonging to either Sunni or Shia sect of Islam. Among these sects, there are different schools of religious studies and scholarship. schools within each sect have common characteristics, although each is different in its details. Sunni perspective Main article: Sunni Besides the “Professional Code” of the Koran and Sunnah, traditional Sunni Muslims also participated in the consensus (ijma) of the Companions of Muhammad (Sahabah) and Islamic jurists (ulama) on certain issues. In situations where no specific provision exists in the sources, scholars use qiyas law -. types for reasoning by analogy, to deduce the law of the essence of the divine principles and previous decisions, there is consensus in the community, stakeholders and other sources used in addition to Sharia in the primary and secondary sources allow this description can be applied to the major schools of Sunni Islamic jurisprudence, including the Hanafi, Shafi’i, Maliki and Hanbali Salafi perspective Main article: .. The Salafi Salafi movement sees actions and statements from the first three generations of Muslims for guidance, in addition to the Quran and Sunnah. Salafi Muslims take these first copy as a source of fiqh. The Salafi movement has attracted thousands of supporters of Muslim cultures and schools of fiqh Main article: .. The Wahhabi Muslims who subscribe to the teachings of Muhammad ibn Abd-wise al- Wahhab considered part of the Salafi movement Main article Shiite perspective: Shiite Muslims Shiites also expand the “Code of” the fiqh, but strongly reject analogy (qiyas) as an easy way to innovations (bid’ah) and reject consensus (ijma ) which has no special value in treasury. During the period when scholars developed two tools Sunni, were Shiite Imams were alive and Shiites view them as an extension of the Sunnah, so they see themselves as following their laws (fiqh) only of the Qur’an and Sunnah. A recurring theme in Shi’a jurisprudence is logic (Mantiq), something that most Shiites believe that the mention of employment and value of a degree higher than most Sunnis learn to become a ticket broker.
They see no logic as a third source of law, but a way to see if the derivative work is in accordance with Quran and Sunnah. In Imami-Shi’i law, the legal sources (Usul al-fiqh), the Qur’an, anecdotes about Muhammad’s practices and those of the Twelve Imams, and intellect (‘aql). The practice, called Sharia today, but also has roots in comparative law and local customs (URF). Most Shiite Muslims followed Ja’fari thinking. contemporary perspectives on Islamic law, Muslims have reacted differently to the forces of modernity. These reactions to cross the lines of tradition, sect or school. Influence on how Sharia is interpreted by the individual in his personal life, and to what extent Sharia used in public spaces of the state. These different movements can be referred to collectively as modern Sharia (s). The spectrum of Muslim legal systems in legal systems in Muslim majority states in the 21 century can be classified as follows. Sharia in the Muslim states of the secular Muslim countries such as Mali, Kazakhstan and Turkey (which is under pressure from religious political parties) have been declared to be secular. Here the interference of religion in the state of affairs is law and politics prohibited. In Muslim countries, and the secular West, is the role of sharia is limited to personal and family circumstances. Muslim states with mixed sources: Muslim countries like Pakistan, Indonesia, Afghanistan, Egypt, Nigeria, Sudan, Morocco and Malaysia have legal systems heavily influenced by the Sharia, but also give the final authority to establish and rule. These countries held democratic elections, although some are also influenced by authoritarian leaders. In these countries, politicians and lawyers that the law instead of religious scholars. Most of these countries have modernized their laws and legal systems are now significant differences compared to classical Islamic law. Muslim states in the classical Shariah: Saudi Arabia and some Gulf states have no constitutional or electoral periods. Its rulers have limited authority to change the laws because they are based on Islamic law, as interpreted by the religious scholars. Iran shares some of these properties, but also has a parliament which legislates in accordance with sharia. Factors affecting the modern role of Shariah in the light of different religious sects, scholarships, classical schools of thought and the public implementations, the following forces are at work to influence the future development of Islamic law. The rapid exchange of cultures and ideas from around the world, Muslims are increasingly connected to the Internet and modern communications. This leads to a greater exchange of ideas and cultures. Reactionary and fundamentalist movements are unlikely to stop this trend, as Islamic law itself protects the right to privacy in the home. modern schools of legal thought scholar L. Ali Khan said that “the concept of sharia has been thoroughly confused in legal and common literature. For some Muslims, Islamic law consists of the Quran and Sunnah. For others, it also includes classical fiqh. Most come to define as Sharia law is based on the Koran, Sunna and classical fiqh derived from consensus (ijma) and analogy (qiyas). This definition of sharia brings manifesto with non-disclosure. This combination of sources has created a vague assumption that scholarly interpretations are just as sacred and non-audit, which is the Quran and Sunnah. Quran and Sunnah constitute the immutable Basic Code, which must be separated from the growing trend in the right interpretation (fiqh).
This analytical separation between the Basic Code and fiqh is necessary to remove the confusion surrounding the concept of Sharia. “The rebirth of religion While liberalization and modernization of the forces that are tendencies towards fundamentalism and the movement of Islamic political power also takes place. There has been a growing religious revival in Islam from the eighteenth century and continuing today. This movement is expressed in different forms, ranging from wars to efforts to improve education, a return to traditional views of Sharia law:. There is a way around the world long-term movement of Muslims to a better understanding and practice of their religion encouraged. by its scholars and imams, Muslims have distanced themselves from the customs and culture, and the views universally accepted Islam. This movement towards traditional religious values ??served to help Muslims overcome the consequences of European colonization. It is also inspired the modernist movement and the formation of new governments, the Islamist movement:. Since the 1970s, Islamist movements gained a prominent place, its goal is the establishment of Islamic states and Islamic law within their borders, their funds are political Islamist powerbase are the millions of poor, especially. the urban poor movement in the cities from the countryside. There are international (with the exception of the Muslim Brotherhood). His rhetoric is against Western culture and Western powers. political groups who wish to return to traditional Islamic values ??are the source of threat. the secular Turkish government, these movements can be regarded as neo-Sharism The fundamentalist movement:. fundamentalists who want to return to basic religious values ??and law, have in some cases introduced harsh penalties for crimes of Sharia, civil rights restricted, and violate human rights, these movements are most active in areas of the world where you have had contact with Western colonial powers Extremism: .. extremists have used the Koran and its particular version of Sharia to justify acts of war and terror against the people and Western governments, and against other Muslims believe that the sympathies of the West. The friction between the West and Islam, especially with regard to the question of Palestine continues to fuel the conflict. immutability of God While there are many different interpretations of sharia, and different perspectives in each performance, there is consensus among Muslims that Sharia is a reflection of God’s will for humanity. Sharia is therefore appropriate, in its most pure, perfect and immutable. Development or improvement of Sharia is an attempt to reflect more perfect will of God.
Confusion between sharia and customary law according to Jan Michiel Otto, professor of law and good governance in developing countries at the University of Leiden, “Anthropological research shows that people in local communities often do not distinguish clearly whether and how its policies and practices are based on local tradition, tribal customs, or religion. Those who adhere to a vision of sharia confrontation tend to attribute many of the undesirable practice of custom and religion to Sharia and culture, although the leading religious authorities have stated the opposite. “The analysis by Professor Otto appears on a paper commissioned by the Ministry of Foreign Affairs in the Netherlands Origins. Characteristics According to Muslims, Islamic law is based on the word of God as revealed in the Qur’an and traditions of life met the Prophet Muhammad. Muhammad was born ca. 570 AD in Mecca, a town in the desert of Arabia. Besides being a center of trade routes in caravans, Mecca was a pilgrimage place for the Arabs of many faiths. The focus of religion in Mecca was the Kaaba, a stone building believed to have been built by Adam at the dawn of time, and rebuilt by Prophet Abraham and his son Ishmael Mecca. Quraish was inhabited by a pagan tribe with some Jews and Christians among them. Muhammad was orphaned at an early age and came under the protection of an uncle. It grew to become a merchant and married her employer, a wealthy merchant named Khadijah. The median age was that Muhammad began to speak of God’s revelations through the angel Gabriel. Muhammad told the others of his revelations, and attracted followers that prints materials available. During the twenty years of his first revelation until his death, Islam became the dominant force in the Arabian Peninsula, and a serious challenge to the Byzantine and Sassanid empires. After Muhammad’s death, revelations were collected and organized in the Koran, and stories about his life by the time formed the basis of the Sunnah. In pre-Islamic Arabia, were the bonds of common descent basis for tribal association. The advent of Islam brought the tribes together under one religion. In Islam there is only a religion but a way of life, a new common basis of law and personal behavior (Sharia) began to take shape. Sharia continued to undergo fundamental changes, starting with the reign of the caliphs Abu Bakr (632-34) and Omar (634-44), how many times the question has been made aware of the closest companions of Muhammad to the hearing. During the reign of Mu’awiya B. Abu Sufyan ibn Harb, ca. 662 CE, Islam conducted an urban transformation, which raises questions not originally covered by Islamic law. Since then, changes in Islamic society plays a continuing role in the development of Sharia, as branches of fiqh and Qanun respectively. Among Muslims, tribal laws have been adapted in accordance with Islamic law, “because it could be a part of tribal law unless and until they were generally accepted as such.” In addition, says Noel James Coulson, professor of Islamic law at the University of London, that “the tribe as a whole owned the power to set the rules that its members should live. But here is the tribe is perceived not only as all of its representatives present but as a historical entity comprising past, present and future generations. ”
Thus, while “every law must be rooted in both the Quran and Sunnah,” without contradiction, tribal life is due to a sense of participation. Such participation is reinforced by Muhammad who said: “. My community will never agree in error” Fiqh part of a series on Islamic jurisprudence (fiqh) economy [Show] History Zakat jizya · · Nisab Khums Sadaqah (Waqf) Bayt al-mal · · Riba Banking murabaha sukuk takaful political heritage [show] The political aspects of Islam Islamic Leadership · Imamah Caliphate wilayat al-faqih bay’ah · Civil dhimmi [view] Intentions ° to the right and obligations of the contract mahr Nikah misyar Halala · · · Urfi Khula mut’ah Nikah polygamy · · Talaq Iddah sexual Approval aymanukum malakat Ma [show] Techniques Masturbation Hygiene extramarital sex (Haram Zada) Penal Code [show] Hudud maisir blasphemy (game), zina (sex outside of marriage) Hirabah ( illegal war) Fasad (poor) Rajm (stoning) Tazir (discretionary) qisas (punishment) Diyya (compensation) Label [show] Adab sexual segregation WC Theological Honorary Mahram [show] Baligh Salad Raka’ah Qibla · · Turbah Sunnah Salat (Tahajjud • Tarawih) Nafl salad Sawm hajj Ihram (clothing • mut’ah) Tawaf Umrah (with eHajj l) Hygiene [Show] sexual · Toilet taharah · · Ihram Masah Wudu than Ghusl · · tayammum miswak Dhabihah Alcohol · unclean diet in relation to Swine Military kashrut [show] offensive defensive jihad jihad istikhaarah hudna (asylum) Ma aymanukum malakat of prisoners of war against Islamic studies · D * E?? Translation Arabic transliteration Fiqh Islamic jurisprudence, fiqh The formative period, dating back to the era of the early Muslim community. During this period, jurists more concerned with pragmatic issues of authority and teaching of the theory. Progress in theory happened with the arrival of the first Muslim jurist Muhammad ibn Idris Ash-Shafi `i (767 to 820), which establishes the basic principles of Islamic jurisprudence in his book Al-Risala. The book details the four roots of law (Quran, Sunna, ijma and qiyas) specifies that the primary Islamic texts (Koran and Hadith) understood in accordance with objective rules of interpretation comes from a careful study of Arabic. A number of important legal concepts and institutions developed by Islamic jurists in the classical period of Islam, known as the Islamic Golden Age, dated from 7 to 13 centuries. The categories of human behavior Fiqh behavior divided into the following types or degrees: fard (obligatory), Mustahab (recommended), mubah (neutral) makrooh (courage) and haram (forbidden). Every human action is one of these five categories. Shares in the category of fard is required of all Muslims. They include five daily prayers, fasting, articles of faith, the obligatory charity, and Hajj pilgrimage to Mecca. Mustahab category includes appropriate behavior in such matters as marriage, funeral rites and family. As such, it covers many of the same areas as civil rights in the West. Sharia courts attempt to reconcile the parties in litigation in this area with the recommended behavior as your guide. A person whose conduct is not Mustahab be sentenced by the judge. Any behavior that is neither recommended nor discouraged or forbidden or required of mubah, admissible. makrooh behavior, but not a sin in itself considered undesirable among Muslims. You can also get a Muslim to be subject to criminal sanctions in certain circumstances. Haram behavior is expressly forbidden. It is both sinful and criminal. Includes all activities specifically prohibited in the Old Testament and the Koran. The violation of any of the Ten Commandments is considered haram.
Muslim dietary restrictions, and clothing also fall into this category. The recommended categories allowed and discouraged based largely on accounts of the life of the Islamic prophet Muhammad. To say that behavior is Sunnah is recommended as an example of the life and sayings of Muhammad. These categories are the basis for appropriate behavior on issues such as courtesy and good manners, relationships, generosity, habits and personal hygiene. Islamic law questions This section may contain original research. Please improve it by verifying the claims and the addition of references. Statements made entirely of original research may be deleted. More information can be found on the talk page. (September 2007) Islamic law can be organized in different ways. Sharia may be divided into five main branches: 1 ibadah (worship ritual) 2 mu’amalat (operations and contracts) 3 Adab (morals and customs), 4 i’tiqadat (beliefs) 5 ‘Uqubat (punishment). “The Reliance of the Traveller”, an English translation of a reference to the fourteenth century CE in the Shafi’i school of fiqh written by Ahmad ibn Naqib al-Misri, organized by the Sharia on the following topics: 1 Purification second Prayer 3rd The funeral prayer fourth The poor tax fifth Fasting 6th Pilgrimage 7th Trade eighth Heritage ninth Marriage 10th Divorce 11th Fairness In some areas there are significant differences in law between the different schools of fiqh, countries, cultures and schools of thought. Purification In Islam, purification is a spiritual and physical. Muslims believe that some human activities and contact with unclean animals and impurity substances cause. Classical Islamic law to recognize the details of the impurity, and how to remedy it. Muslims use to purify water in most cases, although the land can also be used under certain conditions. Before prayer or other religious rituals, Muslims should be cleaned in a prescribed manner. The shape of the cleaning, either wudu or than Ghusl will depend on the circumstances. Muslims wash up, clothes and houses are all made in accordance with established laws. Prayer Muslims are required to pray five times a day, with certain exceptions. These mandatory beans, lettuce, held at certain times of day, and most can be done either in groups or by yourself. There are also optional prayers that can perform as well as special prayers for certain seasons, days and events. Muslims must turn to face the Kaaba in Mecca when they pray, and must be cleaned so that their prayers are accepted. Personal prayer and informal invocation is also practiced. Classical Islamic law details many aspects of the law of prayer, including who can pray, when to pray, to pray, and where to pray. The funeral prayer Muslims are encouraged to visit those among them who are sick and dying. Muslims are reminded of the Dying God’s mercy and the value of prayer for those who visit them. In turn, visitors reminded of their mortality and the transitory nature of life. After death, Muslims are washed and wrapped in a clean, white. A special prayer Janazah performed for the dead, preferably in the assembly of the Muslim community.
The body was taken to a place normally reserved for the burial of Muslims. The grave is dug perpendicular to the direction of Mecca, and the body is lowered into the grave to rest on its side, her face turned toward Mecca. Classical Islamic law looked at the preparation of patients from the dead for burial, funeral speech and the way in which the Muslim is buried. Tax the poor Muslims living beyond subsistence level must pay an annual fee poor known as zakat. This is not charity but a duty for Muslims to the poor in society. The amount is calculated based on the wealth of Muslims to pay taxes and not income. The base rate of tax is 2.5 percent, but varies depending on the type of wealth that is being evaluated. Includes a reduction of wealth, jewelry and earth. Classical Islamic law tax details of how to evaluate their collection and distribution. Fasting during the Islamic month of Ramadan, Muslims abstain from food, drink, sex and snuff between sunrise and sunset. Exceptions to this requirement are made for the young, the sick and women during their menstrual periods. During Ramadan, often bright hour begins and ends with a big meal. After dinner, many Muslims participate in special community prayer meeting during Ramadan. The end of fasting during Ramadan is celebrated with special prayers, gatherings of family and friends, and specially prepared foods. Muslims may also fast on other special days of the year, and to compensate for the lost days of Lent. Classical Islamic law details the exact definition of speed, fast times, how fast can be broken, he must fast, and the permissible exceptions to the quick. On the pilgrimage at least once in a lifetime by every Muslim should try to visit the holy places in Islam situated in Mecca, Saudi Arabia. The purpose of this trip is the Kaaba, a small square building, around which he has built a huge mosque. This pilgrimage known as Hajj, which begins two months after Ramadan every year. Dressed in simple clothing symbolic Muslim pilgrims around the Kaaba seven times, often followed by a drink at a particular power. Then a symbolic quest for water made to travel back and forth between two nearby peaks. On the eighth day of the month, pilgrims travel to Mina, the desert and sleep in tents. Next day, more than two million Muslims gather on the slopes of Mount Arafat, where he spent the night in prayer. The Feast of the Sacrifice, celebrated by Muslims worldwide, is performed by pilgrims in Mina the next day, and includes the slaughter of an animal. Finally, pilgrims perform a ritual stoning of the devil by throwing stones at three pillars. Classical Islamic law details how the pilgrims dressed, behave, come, come out and held each one of these rituals. Trading of Islamic law recognizes private property and the community as well as overlapping forms of charity law, known as the Waqf or trust. Under Islamic law, however, ownership of all property ultimately belongs to God, while individual property rights respected, is not a requirement for participation, especially the needy. Contract law and commitment are also formed around this requirement equal Koran, which prohibits unfair trade practices or unfair trade advantage. On this basis, charging interest on loans banned, and other transactions where the risk is borne disproportionately to the potential benefits for the parties to a transaction. Limits of liability of persons who provided the integration is seen as a form of usury in this regard, as is insurance. All these inequalities in the risks and benefits among the parties to a transaction, known collectively as usury is forbidden. For this reason, Islamic banking and finance sector associations between clients and institutions, where risks and rewards equitably distributed. Trusts rather than corporations, is the central concept in Islamic companies collectively. Financing and investments are made in this manner, the purchase and resale, and equity changes over time between the institution and the client’s payments and refunds are recognized. On the contrary, no single protected from the consequences of failure or poor time trial. Islamic financial models and investment has taken root in the West and has begun to flourish
although the financial basis for large Western companies collapse under the weight of risks unevenly distributed. Classical Islamic law details the types of procurement, the types of transactions, distribution of responsibilities and rewards, and responsibilities of parties in the Islamic trade. Inheritance rules for inheritance in Islamic law is complicated, and the part of a woman is usually half the amount that a man gets in the same situation. Up to one third of a person’s estate can be distributed as inheritance or wasiyya after his death. When the debt is settled, the remainder of the estate be divided between the families of the deceased according to the rules of heredity, or birth. In Islamic societies, inherited wealth and property are not readily accumulate or remain in certain families. Large concentrations of the property is divided into smaller portions over time among male heirs. Property tends to float to other families as heirs women take their actions in their marriages. Classical Islamic law details the division of property, family members entitled to the shares, adjustments, and reallocation of quotas, orders rank among the heirs and substitution between the heirs. Marriage Main articles: Civilian Islamic jurisprudence, Talaq Nikah and laws on marriage varies considerably among Islamic sects, schools, states and cultures.