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Islamic law sources
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These are the essays of the module islamic law the essays focusing on the sources of islam, and shariah law sources etc
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CHAP 2 ROLE OF SHARIAH LAW – ISLAMIC LAW IN MODERN AGE - PREISLAMIC ARABIA – THE EARLY YEARS OF ISLAM
INTRODUCTION:
Shariat' (also known as Shariah) (lit. the route to the watering
place, the way to be followed) is the Canon law of Islam, the
whole of Allah's commands. Each commandment is termed hukm.
Allah's law and its meaning are complex, and Shariat covers all
human deeds. It contains a flawless ethical guidance, thus it is not
‘law’ in the contemporary sense. A Doctrine of Duties, it outlines
duties. It prioritises theological appraisal of life over legal reasons
and individual rights. According to Fyzee, Islam's legal system,
known as "fiqh," relies on judgement when deciding legal issues
without binding verses from the Qur'an or Sunnah.
Fiqh:
meaning "intelligence," refers to a "jurist," or legal specialist.
Differentiating ilm, knowledge, and fiqh requires intellect and
competent judgement.
• An Islamic jurist, or fiqh, must be able to discern between a
classical author's "weak" view and the "correct" and binding law.
(Fyzee)
Afghanistan, Iran, and Pakistan are Islamic Republics, and Saudi
Arabia, Libya, Morocco, and the Maldives' constitutions state that
Islam is the state religion and that all laws must be in accordance
with it.
MUSLIM POPULATIONS:
Islamic law is not as prominent in countries with large Muslim
populations, but many valid systems allow Muslims to be
controlled by Islamic family law. India is a mainstream nation, yet
Islamic family law governs its Muslims. Other instances include
Singapore and the Philippines, where minority Muslim populations
have Islamic individual laws. Malaysia and Nigeria, with Muslim
, majorities, have mixed legal systems. Malaysia's state religion is
Islam, however most of its laws were enacted under British
colonial rule. Nigeria does not declare Islam a state religion but
uses a mix of English law from British colonial rule, Islamic law,
and customary law.
The SHARIAH route leads to meaningful existence. • God gave
Quran and Sunnah are immutable, unchanging, everlasting laws.
• Unchangeable. Divine revelations—Shariah. The Quran and
Sunnah give little methodology but evidence for Shariah
regulations. (changing during paper)
The Islamic Jurisprudence of FIQH:
• Knowledge of Shariah behaviour laws based on accurate facts. •
‘Usul-ul-Fiqh’ ideas and methodologies are used to build Fiqh
rules from the Quran and Sunnah. Makes legal choices. • Shariah-
derived standards for non-Shariah situations. Fiqh is revelation
inquiry and knowledge-based human activity. Dynamic and
flawed. • Shariah.Analysis of Islamic law evolution over time.
Pre-Islamic Arabia:
comprehending Islam's origins is essential to comprehending
Islamic law and its history.
Arab civilization was nomadic before Islam. Animistic tribes lived
in pre-Islamic Arabia. It was hard to survive outside the
courtroom. No law administration or government existed. Fyzee •
Everyone followed each tribe's customs. Mecca and Medina
developed their own legal system since they relied on foreign
trade.
The chief had immense power since the tribe was the main entity.
power and influence. Knowledge, courage, or aristocratic birth
typically picked him. His tribe's values and character backed his
conflicting actions.
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