Sharīʿah
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Sharīʿah
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 ...
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Islamic Criminal Jurisprudence
Islamic criminal law () is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". Islamic law divides crimes into three different categories depending on the offense – '' Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths), ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either ''Hadd'' or ''Tazir'' crimes. Crimes against God are prosecuted by the state as ''hudud'' crimes, and all other criminal matters, including murder and bodily injury, are treated as disputes between individuals with an Islamic judge deciding the outcome based on Sharia ''fiqh'' ...
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Ahkam
''Ahkam'' (, plural of , ) is an Islamic term with several meanings. In the Quran, the word ''hukm'' is variously used to mean arbitration, judgement, authority, or God's will. In the early Islamic period, the Kharijites gave it political connotations by declaring that they accept only the ''hukm'' of God (). The word acquired new meanings in the course of Islamic history, being used to refer to worldly executive power or to a court decision. In the plural, ''ahkam'', it commonly refers to specific Quranic rules, or to the legal rulings derived using the methodology of fiqh. Sharia rulings fall into one of five categories known as "the five decisions" (''al-aḥkām al-khamsa''): mandatory (''farḍ'' or ''wājib''), recommended (''mandūb'' or ''mustaḥabb''), neutral/permissible (''mubāḥ''), disliked (''makrūh''), and forbidden (''ḥarām''). Five ruling types Sharia rulings fall into one of five categories known as “the five rulings” (, ): # () – compuls ...
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Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world's Major religious groups, second-largest religious population after Christians. Muslims believe that Islam is the complete and universal version of a Fitra, primordial faith that was revealed many times through earlier Prophets and messengers in Islam, prophets and messengers, including Adam in Islam, Adam, Noah in Islam, Noah, Abraham in Islam, Abraham, Moses in Islam, Moses, and Jesus in Islam, Jesus. Muslims consider the Quran to be the verbatim word of God in Islam, God and the unaltered, final revelation. Alongside the Quran, Muslims also believe in previous Islamic holy books, revelations, such as the Torah in Islam, Tawrat (the Torah), the Zabur (Psalms), and the Gospel in Islam, Injil (Gospel). They believe that Muhammad in Islam ...
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Schools Of Fiqh
A ''madhhab'' (, , pl. , ) refers to any school of thought within Islamic jurisprudence. The major Sunni ''madhhab'' are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all 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. 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 exert influence over ...
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Principles Of Islamic Jurisprudence
Principles of Islamic jurisprudence () 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 schools ('' madhahib''). This interpretive apparatus is brought together under ...
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Quran
The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which consist of individual verses ('). Besides its religious significance, it is widely regarded as the finest work in Arabic literature, and has significantly influenced the Arabic, Arabic language. It is the object of a modern field of academic research known as Quranic studies. Muslims believe the Quran was orally revealed by God to the final Islamic Prophets and messengers in Islam, prophet Muhammad in Islam, Muhammad through the Angel#Islam, angel Gabriel#Islam, Gabriel incrementally over a period of some 23 years, beginning on the Night of Power, Laylat al-Qadr, when Muhammad was 40, and concluding in 632, the year of his death. Muslims regard the Quran as Muhammad's most important Islamic view of miracles, miracle, a proof of his prophet ...
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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 ...
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Syracuse University Press
Syracuse University Press, founded in 1943, is a university press that is part of Syracuse University. It is a member of the Association of University Presses. Domestic distribution for the press is currently provided by the University of North Carolina Press's Longleaf Services. History SUP was formed in August 1943 when president William P. Tolley promised Thomas J. Watson that the university will organize a press to print IBM's ''Precision Measurements in the Metal Workings Industry''. Matthew Lyle Spencer of the School of Journalism became the first chair of the board of directors and Lawrence Siegfried was the first editor. About The areas of focus for the Press include Middle East studies, Native American studies, peace and conflict resolution, Irish studies and Jewish studies, New York State, television and popular culture, sports and entertainment. The Press has an international reputation in Irish studies and Middle East studies. The Press has never owned its o ...
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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 ...
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Twelver
Twelver Shi'ism (), also known as Imamism () or Ithna Ashari, is the Islamic schools and branches, largest branch of Shia Islam, Shi'a Islam, comprising about 90% of all Shi'a 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, Hujjat-Allah al-Mahdi, Imam al-Mahdi, lives in Occultation (Islam), occultation (''ghayba'') and will reappear as "the awaited Mahdi" (''al-Mahdi al-muntazar''). Twelver Shi'as believe that the Twelve Imams are divinely appointed as both spiritual and political successors to the Islamic prophet Muhammad, and that they possess special knowledge and authority to guide the Muslim community. According to theology of Twelvers, Twelver theology, the Twelve Imams are exemplary human individuals who rule over the Ummah, Muslim community (''Ummah'') with justice, and are able to preserve and interpret the Sharia, Islamic law (Sharia) and the Esoteric inter ...
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Qiyas
Qiyas (, , ) is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran in Islamic jurisprudence, in order to apply a known injunction ('' nass'') to a new circumstance and create a new injunction. Here the ruling of the sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes (, ''ʿillah''). The ʿillah is the specific set of circumstances that trigger a certain law into action. An example of the use of qiyās is the case of the ban on selling or buying of goods after the last call for Friday prayers until the end of the prayer stated in the . By analogy this prohibition is extended to other transactions and activities such as agricultural work and administration. Among Sunni Muslims, Qiyas has been accepted as a seco ...
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