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Sources Of Islamic Law
Various sources of Islamic Laws are used by Islamic jurisprudence to elaborate the body of Islamic law, which are called Masdar (مصادر) or Dalil (دليل). In Sunni Islam, the scriptural sources of traditional jurisprudence are the Holy Qur'an, believed by Muslims to be the direct and unaltered word of God, and the Sunnah, consisting of words and actions attributed to the Islamic prophet Muhammad in the hadith literature. In Shi'ite jurisprudence, the notion of Sunnah is extended to include traditions of the Imams. Since legally relevant material found in Islamic scriptures did not directly address all the questions pertaining to Sharia that arose in Muslim communities, Islamic jurists developed additional methods for deriving legal rulings. According to Sunni schools of law, secondary sources of Islamic law are consensus, the exact nature of which bears no consensus itself; analogical reason; seeking the public interest; juristic discretion; the rulings of the firs ... [...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] |
Sahabah
The Companions of the Prophet () were the Muslim disciples and followers of the Islamic prophet Muhammad who saw or met him during his lifetime. The companions played a major role in Muslim battles, society, hadith narration, and governance during and after the life of Muhammad. The era of the companions began following the death of Muhammad in 632 CE, and ended in 110 AH (728 CE) when the last companion Abu al-Tufayl died. Later Islamic scholars accepted their testimony of the words and deeds of Muhammad, the occasions on which the Quran was revealed and other important matters in History of Islam, Islamic history and practice. The testimony of the companions, as it was passed down through trusted chains of narrators (''Isnad, asānīd''), was the basis of the developing Islamic culture, Islamic tradition. From the traditions (''hadith'') of the life of Muhammad and his companions are drawn the Muslim way of life (''sunnah''), the code of conduct (''sharia'') it requires, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ijtihad
''Ijtihad'' ( ; ' , ) 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 a "'' mujtahid''". For first five centuries of Islam, the practice of ''ijtihad'' continued in theory and practice among Sunni Muslims. It then first became subject to dispute in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Akhbari
Akhbarism () is a branch of Twelver Shia Islam, whose adherents do not perform imitation ( ''taqlid'') of an islamic jurist ( ''marja''). Akhbaris rejects the use of intercessory reasoning via trained Islamic jurists to derive verdicts in Islamic law, maintaining it is forbidden ('' haram'') to perform imitation of anyone but one of the Fourteen Infallibles of Twelver Islam. The term Akhbari comes from ''khabara'at'', news or reports, while Usuli comes from ''Uṣūl al-fiqh'', principles of Islamic jurisprudence. Akhbaris, unlike Usulis, do not accept '' Usul al-fiqh''—i.e. the attempt to draw up a coherent set of legal principles based on rulings made by the Imams prior to the Occultation (''ghayba'') of the last Imam. Gleave, ''Scripturalist Islam'', 2007: p.xvi Akhbaris claim to directly imitate the Ahl al-Bayt, on the grounds that the Imams are infallible and the marja, however learned in jurisprudence, is not. Knowledge of the religious rulings or Islamic juris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usul Al-fiqh
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
'aql
''Aql'' () is an Arabic term used in Islamic philosophy and theology for the intellect or the rational faculty of the soul that connects humans to God. According to Islamic beliefs, ''aql'' is what guides humans towards the right path ('' sirat al-mustaqim'') and prevents them from deviating. In jurisprudence, it is associated with using reason as a source for sharia and has been translated as 'dialectical reasoning'. Etymology The term "al-'aql" in Arabic is derived from the root word "ql," which means to bind. In Islamic thought, it is used to describe the faculty that connects individuals to God. It is usually translated in English as intellect, intelligence, reason or rational faculty. In the Quran The Quran doesn't use the word "aql" explicitly, but its verbal forms such as ''yaʿqelūn'' appear 49 times. Intellect is important because it allows humans to understand God's signs in nature (2:164, 13:4, 16:12, 23:80) and in the Quran or other scriptures (2:44, 3:65, 3:118, 1 ... [...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] |
Usuli
Usulism () is the majority school of Twelver Shia Islam in opposition to the minority Akhbarism. The Usulis favor the use of (reasoning) in the creation of new rules of jurisprudence; in assessing hadith to exclude traditions they believe unreliable; and in considering it obligatory to obey a ''mujtahid'' when seeking to determine Islamically correct behavior. Since the crushing of the Akhbaris in the late 18th century, it has been the dominant school of Twelver Shi'a and now forms an overwhelming majority within the Twelver Shia denomination. The name ''Usuli'' derives from the term '' Uṣūl al-fiqh'' (principles of jurisprudence). In Usuli thought, there are four valid sources of law: the Quran, hadith, ijma' and 'aql. Ijma' refers to a unanimous consensus. Aql, in Shia jurisprudence, is applied to four practical principles which are applied when other religious proofs are not applicable: ''bara'at'' (immunity), '' ihtiyat'' (recommended precautions), ''takhyir'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shia
Shia Islam is the second-largest branch of Islam. It holds that Muhammad designated Ali ibn Abi Talib () as both his political successor (caliph) and as the spiritual leader of the Muslim community (imam). However, his right is understood to have been usurped by a number of 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 ' rightly-guided caliphs' whereas Shia Muslims only regard Ali as the legitimate successor. Shia Muslims assert imamate continued through Ali's sons Hasan and 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 shrine of Ali in Najaf, the shrine of Husayn in Karbala and other mausoleums of the . Later events such as Husayn's martyrdom in the Battle of Karbala (680 CE) further influenced the ... [...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] |
Hadith
Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ( companions in Sunni Islam, Ahl al-Bayt in Shiite Islam). Each hadith is associated with a chain of narrators ()—a lineage of people who reportedly heard and repeated the hadith from which the source of the hadith can be traced. The authentication of hadith became a significant discipline, focusing on the ''isnad'' (chain of narrators) and '' matn'' (main text of the report). This process aimed to address contradictions and questionable statements within certain narrations. Beginning one or two centuries after Muhammad's death, Islamic scholars, known as muhaddiths, compiled hadith into distinct collections that survive in the historical works of writers from the second and third centuries of the Muslim era ( 700−1000 CE). For ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
