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Sharia In Malaysia
Sharia means Islamic law based on Islamic concepts based from Quran and Hadith. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems. Historically, Sharia was interpreted by independent jurists ( ''muftis''), based on Islamic scriptural sources and various legal methodologies. In the modern era, statutes inspired by European codes replaced traditional laws in most parts of the Muslim world, with classical Sharia rules retained mainly in personal status laws. Countries such as Pakistan and Saudi Arabia have islam as their state religion, but haven’t implemented sharia law fully. These laws were codified by legislative bodies which sought to modernize them without abandoning their foundations in traditional jurisprudence. The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of Sharia, including '' hudud'' capital punishments, such as stoning, which in ... [...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] |
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] |
Muamalat
''Muamalat'' (also ''muʿāmalāt,'' , literally "transactions" TBE, "CHAPTER A1, INTRODUCTION TO ISLAMIC MUAMALAT", 2012: p.6 or "dealings") is a part of Islamic jurisprudence, or ''fiqh''. Sources agree that ''muamalat'' includes Islamic "rulings governing commercial transactions" and Majallah al-Ahkam al-Adliyyah). JALIL, et. al., ''FOUR INTRODUCTORY THEORIES OF FIQH MUAMALAT'': p.8 However, other sources (Oxford Islamic Studies Online, Brian Kettell, and Wahbah al-Zuhayli’) give it a broader definition including civil acts and in general all aspects of fiqh that are not '' Ibadat'' (acts of ritual worship such as prayer or fasting). (See organizational chart of the structure of Islam below in "Principles" section.) Chik, ''Shariah in Islamic Finance'': p.5 Lee, "Islamic Banking Law", 2015: p.29 ''Mu'amalat'' provides much of the basis for Islamic economics, and the instruments of Islamic financing, and deals not only with Islamic legality but also social and economic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ibadah
''Ibadah'' (, ''‘ibādah'', also spelled ''ibada'') is an Arabic word meaning service or servitude. In Islam, ''ibadah'' is usually translated as “worship”, and ''ibadat''—the plural of ''ibadah''—refers to Islamic jurisprudence (''fiqh'') of Muslim religious rituals. Ibadah In Arabic ''ibadah'' is connected with related words such as ''ubudiyyah'' (“slavery”), and has connotations of obedience, submission, and humility. The word linguistically means "obedience with submission". In Islam, ''ibadah'' is usually translated as “worship” and means obedience, submission, and devotion to God. Other sources (noted Islamist author Abul A'la Maududi and others) give a broader definition of ''ibadah'', including keeping speech free “from filth, falsehood, malice, abuse”, and dishonesty, obeying Shariah law in “commercial and economic affairs” and in “dealings with your parents, relatives, friends”, and everyone else. Ibadat ''Ibadat'' () is the plu ... [...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] |
Shia Islam
Shia Islam is the second-largest Islamic schools and branches, branch of Islam. It holds that Muhammad in Islam, Muhammad designated Ali ibn Abi Talib () as both his political Succession to Muhammad, successor (caliph) and as the spiritual leader of the Muslim community (Imamah (Shia doctrine), imam). However, his right is understood to have been usurped by a number of Companions of the Prophet, Muhammad's companions at the meeting of Saqifa where they appointed Abu Bakr () as caliph instead. As such, Sunni Muslims believe Abu Bakr, Umar (), Uthman () and Ali to be 'Rashidun, rightly-guided caliphs' whereas Shia Muslims only regard Ali as the legitimate successor. Shia Muslims assert imamate continued through Ali's sons Hasan ibn Ali, Hasan and Husayn ibn Ali, Husayn, after whom different Shia branches have their own imams. They revere the , the family of Muhammad, maintaining that they possess divine knowledge. Shia holy sites include the Imam Ali Shrine, shrine of Ali in Naj ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ja'fari Jurisprudence
The Jaʿfarī school, also known as the Jafarite school, Jaʿfarī fiqh () or Ja'fari jurisprudence, is a prominent school of jurisprudence (''fiqh'') within Twelver and Ismaili (including Nizari) Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. In Iran, Jaʽfari jurisprudence is enshrined in the constitution, shaping various aspects of governance, legislation, and judiciary in the country. In Lebanon this school of jurispudence is also accounted for in the sectarian legal system of the country and Shia muslims can call upon it for their legal disputes. It differs from the predominant madhhabs of Sunni jurisprudence in its reliance on '' ijtihad'', as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowing of temporary marriage or '' mutʿa''. Since 1959, Jaʿfari jurisprudence has been afforded the status of "fifth school" along with the four Sunni schools by Azhar University. In addition, it is one of the eight recognized ''m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanbali
The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and traditionist, Ahmad ibn Hanbal (), and later institutionalized by his students. One who ascribes to the Hanbali school is called a Hanbali (, or ). It adheres to the Athari school of theology and is the smallest out of the four major Sunni schools, the others being the Hanafi, Maliki and Shafi'i schools.Ziauddin Sardar (2014), Mecca: The Sacred City, Bloomsbury, , p. 100 Like the other Sunni schools, it primarily derives sharia from the Quran, hadith and views of Muhammad's companions. In cases where there is no clear answer in the sacred texts of Islam, the Hanbali school does not accept istihsan, juristic discretion or urf, customs of a community as sound bases to derive Islamic law on their own—methods that the Hanafi and Maliki schools ... [...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] |
Maliki
The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the Maliki school takes a unique position known as ''Ahl al-Amal'', in which they consider the Sunnah to be primarily sourced from the practice of the people of Medina and Urf, living Islamic traditions for their rulings on Sharia, Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi’i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki Fiqh is predominantly found in North Africa (excluding parts of Egypt), West Africa, Chad, Sudan and the Persian Gulf, Arabian Gulf. In the Middle Ages, medieval era, the Maliki school was also found in parts of Islam in Europe, Europe under Islamic rule, particularly Al-Andalus, Islamic Spain and the Emirate of Sicily. A major ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanafi
The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the use of reasoning (). Hanafi legal theory primarily derives law from the Quran, the sayings and practices of Muhammad (''sunnah''), scholarly consensus () and analogical reasoning (), but also considers juristic discretion () and local customs (). It is distinctive in its greater usage of ''qiyas'' than other schools. The school spread throughout the Muslim world under the patronage of various Islamic empires, including the Abbasids and Seljuk Empire, Seljuks. The Central Asian region of Transoxiana emerged as a centre of classical Hanafi scholarship between the 10th and 12th centuries, which gave rise to the Maturidi school of theology. The Ottoman Empire adopted Hanafism as its official school of law and influenced the legal thought of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Madhhab
A ''madhhab'' (, , pl. , ) refers to any school of thought within fiqh, Islamic jurisprudence. The major Sunni Islam, Sunni ''madhhab'' are Hanafi school, Hanafi, Maliki school, Maliki, Shafi'i school, Shafi'i and Hanbali school, Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all Islamic jurist, Islamic 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. Fatwa, 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 ''m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
