“Islamic Law”
Introducion :
Traditional Islamic law or the legal system of Islam is
known as Shariah,it’s an Arabic term, which means “the way”. Shariah
originates from Allah and this is why Muslims consider it sacred.
Muslims considered it to be the word of Almighty which regulates and
evaluates human behavior.‘Islamic law’ refers to the diverse legal
systems that have been and continue to be produced with the
objective of being in similarity with the Islamic faith and beliefs. Islamic
legal systems operate in multiple and sometimes discontinuous ways.
Usage of the singular term ‘Islamic law’ should not be understood as
suggesting the absence of legal polycentricity (multiple groups and
institutions generate Islamic law) or legal pluralism (within Islamic
societies, since Islamic and non-Islamic legal systems
co-exist).Islamic law’ refers to juristic interpretations (fiqh) of divine law
(sharīʿah). The historical section on Islamic law in this article focuses
on Arabia and other parts of the Near East, but Islamic law spread
internationally by the beginning of the modern era.Shariah is the
standard form of divine guidance that Muslims follow to lead a
righteous life. The humane interpretation of Sharia or fiqh is the basis
of Islamic law today.
Sources of Islamic Law :
The Al-Quran : Al-Quran is the first and unchangeable source of
Islamic law. It took 23 years to reveal. It was revealed to our beloved
prophet “Hazrat Muhammad (SM)” in the cave of “Hira” by the angel
Gibrael. The Holy Qur'an contains the words of Allah for all people. It
tells people to do the right thing. It guides us to live rightly in this world.
Allah's book also talks about life after death.
The Sunnah : It's the second source of Islamic law."Sunnah" is the
Arabic word for the way of life and legal precedent of the Prophet
Muhammad. It derives from the pre-Islamic Arab concept of sunnah as
a tribal way of life, reflected in the Qur'an's use of the word to mean
"the way of God" or the "way of life" of earlier humans.There are three
types of circumcision. The first is the sayings of the Prophet – Sunnah
Qawliyyah/Hadith. The second is the work of the Prophet-Sunnah al
Filia. The final form of Sunnah is the practice prevalent in Muhammad's
time which he did not oppose - Sunnah Takririyyah.
Ijma : Ijma, or consensus among Muslim jurists on a particular legal
matter, constitutes the third source of Islamic law. Muslim jurists provide
many Qur'anic verses that validate ijma as a source of law. Muhammad
himself said:
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"My followers will never agree on wrongs or wrongs".
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"The hand of Almighty is with the whole community".
Sunni jurists consider ijma to be a good source, in terms of law, as
important as the Qur'an and Sunnah.
Qiyas : Qiyas or analogical deduction is the fourth source of Sharia for
Sunni jurisprudence. The Shi'a do not accept qiyas, but replace it with
reason. Qiyas is the process of legal deduction whereby a jurist, faced
with an unprecedented case, presents his reasoning based on the
reasoning used in the Qur'an and Sunnah. Qiyas must not be based on
arbitrary judgments, but must be firmly rooted in primary sources.
Shariah rules (Ahkam) :
Sharia’h rules are divided into 5 categories.
Farz or Wajib : The acts which are mandatory for all muslims are Farz
or Wajib. Like to follow all the 5 pillars of islam (Shahada/Iman , Salat ,
Sawm , Zakat and Hajj .
Sunnah or Mustahab : Sunnah are the acts of our beloved prophet
(SM). These are recommended activities .
Mubah : Mubah is usually translated into English as "neutral" or
"permitted", "indifferent" or "(only) permitted". It refers to an action that
is not obligatory, recommended, reprehensible or prohibited and thus
involves no judgment from Almighty.
Makruh : In Islamic terms, makruh is an "unpleasant" or objectionable
act.Although a makruh act is not haram or subject to punishment, the
person who refrains from this act will be rewarded.
Haram : It means forbidden . The acts which are forbidden in islam is
known as Haram. If anybody does any forbidden acts then he will be
punished .
Schools of Islamic Jurisprudence :