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Fatwā
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 issuing fatwas is called a ''mufti'', and the act of issuing fatwas is called ''iftāʾ''. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era. Resembling ''jus respondendi'' in Roman law and rabbinic ''responsa'', privately issued fatwas historically served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, public and political fatwas were issued to take a stand on doctrinal controversies, legitimize government policies or articulate grievances of the population. During the era of European colonialism, fatwas played a part in mobilizing resistance to foreign domination. Muftis acted as independent sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Responsa
''Responsa'' (plural of Latin , 'answer') comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars in historic religious law. In the Roman Empire Roman law recognised , i.e., the responses and thoughts of jurists, as one of the sources of (written law), along with laws originating from magistrates, from the Senate, or from the emperor. A particularly well-known and highly influential example of such ''responsa'' was the ''Digesta'' (or ''Digests''), in 90 books, the principal work of the prominent second century jurist Salvius Julianus. This was a systematic treatise on civil and praetorian law, consisting of responsa on real and hypothetical cases, cited by many later Roman legal writers. In the Catholic Church In the Catholic Church, ''responsa'' are answers of the competent executive authority to specific questions (in Latin, ''dub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Law
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 Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 (''sharia''). Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus ('' ijmaʿ'') and analogical reasoning (''qiyas''). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal sch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Twelver Shia
Twelver Shīʿīsm ( ar, ٱثْنَا عَشَرِيَّة; '), also known as Imāmīyyah ( ar, إِمَامِيَّة), is the largest branch of Shīʿa Islam, comprising about 85 percent of all Shīʿa Muslims. The term ''Twelver'' refers to its adherents' belief in twelve divinely ordained leaders, known as the Twelve Imams, and their belief that the last Imam, Imam al-Mahdi, lives in Occultation and will reappear as ''The promised Mahdi'' ( ar, المهدي المنتظر). According to the Shīʿa tradition, the Mahdi's tenure will coincide with the Second Coming of Jesus (ʿĪsā), who, along with Mahdi, would kill the Dajjal. Twelvers believe that the Twelve Imams are the spiritual and political successors to the Islamic prophet Muhammad. According to the theology of Twelvers, the Twelve Imams are exemplary human individuals who not only rule over the Muslim community (''Ummah'') with justice, but are also able to preserve and interpret the Islamic law (''sharīʿa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taqlid
''Taqlid'' (Arabic تَقْليد ''taqlīd'') is an Islamic term denoting the conformity of one person to the teaching of another. The person who performs ''taqlid'' is termed ''muqallid''. The definite meaning of the term varies depending on context and age. Classical usage of the term differs between Sunni Islam and Shia Islam. Sunni Islamic usage designates the unjustified conformity of one person to the teaching of another, rather than the justified conformity of a layperson to the teaching of ''mujtahid'' (a person who is qualified for independent reasoning). Shia Islamic usage designates the general conformity of non-''mujtahid'' to the teaching of ''mujtahid'', and there is no negative connotation. The discrepancy corresponds to differing views on Shia views on the Imamate and Sunni imams. In contemporary usage, especially in the context of Islamic reformism, it is often portrayed in a negative light and translated as "blind imitation". This refers to the perceived stag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ijtihad
''Ijtihad'' ( ; ar, اجتهاد ', ; lit. physical or mental ''effort'') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' (imitation, conformity to legal precedent). According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (''usul al-fiqh''), and is not employed where authentic and authoritative texts ( Qur'an and Hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''ijma''). ''Ijtihad'' is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ''ijtihad'' is called as a "'' mujtahid''". Throughout the first five Islamic centuries, the practice of ''ijtihad'' continued both theoretically and practi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ijaza
An ''ijazah'' ( ar, الإِجازَة, "permission", "authorization", "license"; plural: ''ijazahs'' or ''ijazat'') is a license authorizing its holder to transmit a certain text or subject, which is issued by someone already possessing such authority. It is particularly associated with transmission of Islamic religious knowledge. The license usually implies that the student has acquired this knowledge from the issuer of the ''ijaza'' through first-hand oral instruction, although this requirement came to be relaxed over time. An ''ijaza'' providing a chain of authorized transmitters going back to the original author often accompanied texts of ''hadith'', ''fiqh'' and ''tafsir''; but also appeared in mystical, historical, and philological works, as well as literary collections. While the ''ijaza'' is primarily associated with Sunni Islam, the concept also appears in the hadith traditions of Twelver Shia. George Makdisi, professor of oriental studies, theorized that the ''ijazah ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wael Hallaq
Wael B. Hallaq is the Avalon Foundation Professor in the Humanities at Columbia University, where he has been teaching ethics, law, and political thought since 2009. He is considered a leading scholar in the field of Islamic legal studies, and has been described as one of the world's leading authorities on Islamic law.The 500 most influential Muslims (2009) Eds., John Esposito and Ibrahim Kalin, p. 98. He has published over eighty books and articles on topics including law, legal theory, philosophy, political theory, and logic. In 2009, and his review panel included Hallaq in a list of the 500 most influential Muslims in the world for his research and publications on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Memorandum opinion Not every case decided by a higher court results in the publication of an opinion; in fact many cases do not, since an opinion is often published only when the law is being int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 centuries CE and by the twelfth century almost all jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is considered to be endangered, continues to exer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Andalus
Al-Andalus translit. ; an, al-Andalus; ast, al-Ándalus; eu, al-Andalus; ber, ⴰⵏⴷⴰⵍⵓⵙ, label= Berber, translit=Andalus; ca, al-Àndalus; gl, al-Andalus; oc, Al Andalús; pt, al-Ândalus; es, al-Ándalus () was the Muslim-ruled area of the Iberian Peninsula. The term is used by modern historians for the former Islamic states in modern Spain and Portugal. At its greatest geographical extent, it occupied most of the peninsula and a part of present-day southern France, Septimania (8th century). For nearly a hundred years, from the 9th century to the 10th, al-Andalus extended its presence from Fraxinetum into the Alps with a series of organized raids and chronic banditry. The name describes the different Arab and Muslim states that controlled these territories at various times between 711 and 1492. These boundaries changed constantly as the Christian Reconquista progressed,"Para los autores árabes medievales, el término Al-Andalus designa la totalidad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
