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Shariah law, sources, and different schools of thoughts
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This essay is totaly based on the basics and sources of shariah law
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CHAPTER 3 SOURCES - QURANINTRODUCTION:
Under Islamic Law (henceforth referred to as IL), there are 4 main sources from
which to infer interpretations of legal matters. These are, The Holy Quran, The Holy
Prophet’s (PBUH) Sunnah, Ijma, Qiyas
There are other sources over and above the 4 main sources which are as follows
Ijtihad, Istishan, Istisab Pre-Islamic Law.
Obey God and His Messenger. The most significant change Islam brought to Arabia's
social structure is seen in this Qur'anic command: the creation of a new
governmental authority with the ability to enact laws.
Muslim believe Gabriel revealed the Quran to Muhammad at 40 after 23
years. The official Qur'an was compiled a few years after the Prophet's death
from small portions he said at various times and locations. Piecemeal laws
may be due to the Qur'an's revelation.
The prophet died in 632 CE, stopping revelations.
"Huda" (Quranic guidance). The code is illegal.
The Holy Quran is a complete Creed since Islamic laws are founded on it. It
addresses everyone regardless of race, time, or religion. Kamali says the
entire is one. Every Muslim must observe Quranic commands. The Quran has
6,219 verses in 114 Surahs. Islam means "submission to God."
Kamali calls the Qur'an "regional recitation." Muslims think it's God's word to
Muhammad. We have continual proof that the prophet heard God in Arabic.
His name is Tawatur. The prior jurist's unbroken proof confirms Muhammad's
prophecy, Islamic law's most reliable source, and Sharia's genesis. He thinks
Sharia law comes from the Qur'an, like other classical jurists. Professor
Mashood Baderin
• Legal ayahs opposed infanticide, usury, gambling, and indefinite polygamy.
Much Qur'anic law is ethical, but not broad. The Quran maintained Arab
society's customs and institutions, with Kamali's essential adjustments.
About 600 poems address prayer, fasting, and journey. Coulson says 80
passages address legal issues.
Legislature is just one stage in societal growth. A standard of behavior is
needed to define rights and duties and provide remedies for infringement.
Thus, the Islamic founder-prophet's religious teaching, which established
Muslim society's moral norms, precedes his political engagement. Thus, the
Qur'anic "legal matter" encompasses Muslim society's goals. It's Coulson's
, simplest Islamic moral interpretation.
Penal verses—punishment and society security, legal verses—
constitutional/administrative issues, property, inheritances, etc., social
reform verses—women's position, society's duty, rights for children, women,
non-Muslims, etc
Western and Arab scholars like Coulson and Kamali believe the Prophet
wrote the Quran on animal skins, stones, shoulder blades, and tablets.
• The companions remembered it, which Abu Bakr created into a book and
Uthman recompiled.
the Quran in not a typical "code of law" but a code of ethics: Only 600 verses
mention law. Few say judicial injunctions are essential, permissive, or have
public or private consequences. Legal verses cover familial, criminal, and
civil law.
Establishing the "Iddah period" and selecting Quranic heirs.
Kamali estimates 350 verses in the Ahkam-al-Amliyyah, the Quran's corpus
juris.
Kamali divides Quranic verses into particular (Khass), wide (Aam),
speculative (Zanni), and definitive (Qati) in Islamic legal theory.
Ghazali guesses 500. Only a tiny proportion of the 6219 exposed passages
are permitted.
Arabian law developed from Prophetic laws. Despite not replacing Arabian
traditions, it developed a new legal system that educated individuals how to
behave and what to avoid to pass muster on the Day of Judgement and join
Paradise. Quranic laws on life-changing themes were implemented gradually.
It was revealed "piecemeal." Kamali
This makes Islamic law and Islam intimately related to Quranic morality.
It was sometimes evident how morality influenced law. Just punishment for
murder and assault is "an eye for an eye and a life for a life" in the Qur'an.
Thus, the Quranic maxim changed legal murder. The term "blood revenge"
(tha'r) was replaced with "just retaliation," or qi{a~, implying that the
victim's life was no longer valued more than the killer's. (Colson)
• Quranic inheritance and family law are undisputed, say Coulson and
Kamali. Western and Islamic experts acknowledge the advances.
1) Marriage: Islamic law gives women Mahr. Her male relative was bribed to
force her into marriage, almost selling her. Legal status has improved for the
woman.
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