research 1444 - Study of the Sharia.

Sharia
Often translated as Islamic law - refers to the divinely ordained
path of conduct that governs ritual acts of devotion as well as
certain aspects of day-to-day life. This section will provide
research on the main areas of Islamic jurisprudence including
acts of ritual worship, commercial transactions, family law, and
penal laws.

Etymology
The word šarīʿah was widely used by Arabic-speaking Jews
during the Middle Ages,
The Arabic expression Sharīʿat Allāh (‫" شريعة هللا‬God’s Law") is a
common translation for ‫‘( תורת אלוהים‬God’s Law’ in Hebrew)
and νόμος τοῦ θεοῦ (‘God’s Law’ in Greek in the New
Testament).
A similar use of the term can be found in Christian writers.
In Muslim literature, šarīʿah designates the laws or message of
a prophet or God.
Two major areas of use where the word šarīʿah can appear
without religious connotation. In texts evoking a pastoral or
nomadic environment, the word, and its derivatives refer to
watering animals at a permanent water-hole or to the seashore,
with special reference to animals who come there.
Some scholars describe the word šarīʿah as an archaic Arabic
word denoting "pathway to be followed" and argue that its

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adoption as a metaphor for a divinely ordained way of life
arises from the importance of water in an arid desert
environment.

Fiqh
linguistically refers to knowledge, deep understanding or
comprehension. In the context of Sharia/Islamic law, it refers to
human understanding of the sharia.
Shariah is the whole divine law and values as given by Allah,
Fiqh is the laws extracted by Muslim jurists from the sources of
Islamic law. Fiqh contains human involvement which is required
as juristic interpretation (ijitihad) comes in.

Classification of Fiqh
Principles of Islamic jurisprudence, also known as uṣūl al-fiqh
are traditional methodological principles used in Islamic
Jurisprudence for deriving rulings of Sharia.

≫Sources of Sharia
● Primary Sources
○ Quran
The most sacred source of Law.
Principles on Interpretation of Quran and Hadith from the
perception of Linguistics and Rhetorics
○ Hadith
Principles on Authenticity of Ahadith
More detailed and practical Legal Guidance.
● Secondary Sources
○ Ijma' (Consensus)
An Arabic term referring to the consensus or an
agreement of the community on Sharia. This form of
consensus was technically defined as agreement of all

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competent jurists in any particular generation, acting as
representatives of the community.
○ Qiyas and 'aql (Analogical reasoning)
The Analogical reasoning that is used to derive a ruling for
a situation not addressed in the scripture by analogy with
a scripturally based rule.
○ Ijtihad
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".
○ Ahkam (Decision types)
Ahkam - "rulings", plural of ḥukm
Sharia rulings fall into one of five categories known as “the
five rulings” / al-aḥkām al-khamsa :
1. farḍ/wājib - compulsory, obligatory. It is divided into two
categories : Personally obligatory / fard al-'ayn, which is
required from every individual Muslim, and communally
obligatory / fard al- kifaya, which if performed by some
Muslims is not required from others.
2. mustaḥabb/mandūb - recommended, favoured or
virtuous actions. Those whose ruling falls between mubah
(neutral) and wajib (compulsory). duties recommended,

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 but not essential; fulfilment of which is rewarded, though
they may be neglected without punishment.
3. mubāḥ - recommended, favoured, neutral, indifferent or
merely permitted. It refers to an action that is neither
mandatory, nor forbidden, and thus involves no judgement
from God.
4. makrūh - disliked, forbidden, immoral. Not haram
(forbidden) or subject to punishment, encouraged to avoid
such actions when or as possible. a person who abstains
from this act will be rewarded.
5. ḥarām/maḥzūr - sinful, compulsorily recommended not
to. Prohibited in the religious texts of the Quran, and the
sunnah; the category of haram is the highest status of
prohibition. If something is considered haram, it remains
prohibited no matter how good the intention is or how
honourable the purpose.
● Extended Sources
○Maqasid and Maslaha (Aims of Sharia and Public
Interest)
Maqasid, goals or objectives of sharia is an Islamic legal
doctrine together with another related classical doctrine,
Maṣlaḥa, welfare or public interest, has come to play an
increasingly prominent role in modern times. The notion of
maqasid was first clearly articulated by Al-Ghazali, who
was a Sunni Muslim Persian (Not to be confused with
al-Ghazal, the famous poet) is considered to be the 11th
century's mujaddid - a renewer of the faith, who believed
that the Islamic spiritual tradition had believed that the
spiritual sciences taught by the first generation of Muslims
had been forgotten. This belief led him to write his
magnum opus entitled Iḥyā’ ‘ulūm ad-dīn - The Revival of
the Religious Sciences.

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 He argued that maslaha was God's general purpose in
revealing the divine law, and that its specific aim was
preservation of five essentials of human well-being:
religion, life, intellect, lineage, and property.
Some jurists viewed them as auxiliary rationales
constrained by scriptural sources, while others regarded
them as an independent source of law, whose general
principles could override specific inferences based on the
letter of scripture.While the latter view was held by a
minority of classical jurists, in modern times it came to be
championed in different forms by prominent scholars who
sought to adapt Islamic law to changing social conditions.
These scholars expanded the inventory of maqasid to
include such aims of sharia as reform and women's rights
justice and freedom and human dignity rights.

- fatwa (legal opinions)

- Hisbah

≫Schools of Law / Madhhab

● Sunni
○ Hanafi
○ Maliki
○ Shafi'i
○ Hanbali
○ Zahiri
● Shia
○ Twelver
○ Ja'fari
○ Ismaili
○ Zaidi
● Ibadi

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Pre Modern Legal Systems
Modern Legal Systems
Contemporary Applications
○ Constitutional Law
○ Family Law
Mahr
○ Criminal Law
Qias
Diya
Hudud
○ Property Law
Haqq
Waqf
○ Role of Fatwas
○ Role of Hisba

Doctrines
Comparisons with other Legal Systems

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(EXTRA)
etymology- Jan Michiel Otto distinguishes four senses
conveyed by the term sharia in religious, legal and political
discourse:[29]

- Divine, abstract sharia: God's plan for mankind and the

norms of behavior which should guide the Islamic
community. Muslims of different perspectives agree in
their respect for the abstract notion of sharia, but they
differ in how they understand the practical implications of
the term.
- Classical sharia: the body of rules and principles
elaborated by Islamic jurists during the first centuries of
Islam.
- Historical sharia(s): the body of rules and interpretations
developed throughout Islamic history, ranging from
personal beliefs to state legislation and varying across an
ideological spectrum. Classical sharia has often served as
a point of reference for these variants, but they have also
reflected the influences of their time and place.
- Contemporary sharia(s): the full spectrum of rules and
interpretations that are developed and practiced at
present.
fiqh- jurisprudence is the theoretical study of the propriety
of law.

https://www.cfr.org/backgrounder/understanding-sharia-int
ersection-islam-and-law#:~:text=Sharia%20means%20%E
2%80%9Cthe%20correct%20path,and%20grow%20close
%20to%20God.

Islamic law varies by country, is influenced by local

customs, and evolves over time. Sharia is also the basis of

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legal opinions called fatwas, which are issued by Muslim
scholars in response to requests from individual Muslims
or from governments seeking guidance on a specific
issue. In Sunni Islam, fatwas are strictly advisory; in Shiite
Islam, practitioners are obligated to follow the fatwas of
the religious leader of their choosing.

https://yaqeeninstitute.org/read/paper/what-is-a-madhhab-
exploring-the-role-of-islamic-schools-of-law

comparisons with other legal systems - mention jewish

similarities in food halal

https://en.wikipedia.org/wiki/Islamic_modernism

Rules
write new arabic words separate coloured