Sharia, Sharī'ah , Shari'a , Shariah or Syariah ( Arabic : شريعة , lit. 'path (to water)') is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam , particularly the Qur'an and hadith . In Islamic terminology sharīʿah refers to immutable, intangible divine law ; contrary to fiqh , which refers to its interpretations by Islamic scholars .
118-425: Bihar Sharif is the headquarters of Nalanda district and the fifth-largest sub-metropolitan area in the eastern Indian state of Bihar . Its name is a combination of two words: Bihar , derived from vihara (meaning monastery), also the name of the state; and Sharif (meaning noble ). The city is a hub of education and trade in southern Bihar, and the economy centers around agriculture supplemented by tourism,
236-471: A literacy rate of 66.41%. 15.91% of the population lives in urban areas. Scheduled Castes and Scheduled Tribes make up 21.12% and 0.05% of the population respectively. Languages of Nalanda district (2011) At the time of the 2011 Census of India , 56.27% of the population in the district spoke Magahi , 37.28% Hindi and 5.69% Urdu as their first language. Since Kurmis are dominant in Nalanda, it
354-530: A population of 2,877,653, roughly equal to the nation of Mongolia or the US state of Kansas . This gives it a ranking of 134th in India (out of a total of 640 ), and 18th in state. The district has a population density of 1,220 inhabitants per square kilometre (3,200/sq mi). Its population growth rate over the decade 2001-2011 was 21.18%. Nalanda has a sex ratio of 921 females for every 1000 males, and
472-553: A Maharashtrian Brahman that settled in Bihar Sharif published Bihar Bandhu , the first Hindi newspaper from Bihar in 1872. Director Prakash Jha 's National Award-winning documentary film Faces after Storms (1981) was based on the incident of communal riots that took place in Bihar Sharif in May 1981. Nalanda district Nalanda district is one of the thirty-eight districts of the state of Bihar in India. Bihar Sharif
590-751: A central place and Bihar Sharif lost its importance. After that the British took control of the entire city and it came under British colonial rule during the 18th and 19th centuries. The British period brought about changes in administration, infrastructure, and governance in Bihar Sharif and the surrounding region. In 1867, the city was officially declared a municipality. In the post-independence era, Bihar Sharif has continued to be an important center of culture, education, and commerce in Bihar. The city has witnessed urbanization and development, while still retaining its historical and cultural significance. Bihar Sharif
708-415: A classroom or consulted by judges. A mabsut , which usually provided a commentary on a mukhtasar and could stretch to dozens of large volumes, recorded alternative rulings with their justifications, often accompanied by a proliferation of cases and conceptual distinctions. The terminology of juristic literature was conservative and tended to preserve notions which had lost their practical relevance. At
826-480: A fierce battle, the outnumbered Raja army was defeated and Raja Biththal was killed. The conquest of Bihar was a major achievement for Delhi, and on this occasion the Sultan conferred upon Syed Ibrahim Mallick the title of "Madarul Mulk", after which he was called "Mallick Baya". He was then appointed governor of Bihar by the Sultan, and he ruled over the region until his assassination in 1353 CE. Its control passed into
944-457: A jurist's mentality in finding a solution to a legal question in contrast with taqlid ( conformity to precedent ijtihad). According to theory, ijtihad requires expertise in the Arabic language, theology, religious texts, and principles of jurisprudence ( usul al-fiqh ), and is not employed where authentic and trusted texts ( Qur'an and hadith ) are considered unambiguous with regard to
1062-402: A local master and discuss religious topics. At first, these circles were fluid in their membership, but with time distinct regional legal schools crystallized around shared sets of methodological principles. As the boundaries of the schools became clearly delineated, the authority of their doctrinal tenets came to be vested in a master jurist from earlier times, who was henceforth identified as
1180-463: A middle way between the two attitudes such as Abu al-Hasan al-Ash'ari in theology (syncretists). In the classical age of Islam, there were violent conflicts between rationalists (aqliyyun; al-muʿtazila , kalamiyya ) and traditionalist (naqliyyun, literalists, Ahl al-Hadith ) groups and sects regarding the Quran and hadith or the place of reason in understanding the Quran and hadith, as can be seen in
1298-598: A model ( sunnah ) and transmitted this information to the succeeding generations in the form of hadith . These reports led first to informal discussion and then systematic legal thought, articulated with greatest success in the eighth and ninth centuries by the master jurists Abu Hanifa , Malik ibn Anas , al-Shafi'i , and Ahmad ibn Hanbal , who are viewed as the founders of the Hanafi , Maliki , Shafiʿi , and Hanbali legal schools ( madhāhib ) of Sunni jurisprudence. Modern historians have presented alternative theories of
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#17327754618151416-593: A part of Patna - Rajgir route started in March 2021. Bihar Sharif Junction is on the Bakhtiyarpur-Tilaiya line , part of the national broad gauge network. The city is served by the Shramjeevi Express , a direct daily train to New Delhi . There are also numerous passenger and express connections to the state capital, Patna , and to the hub at Rajgir which connects to many destinations in
1534-416: A place and He is everywhere." Judgment that concerns individuals is personal and, for example, in an Islamic Qisas or compensation decisions, jurist must take into account "personal labels" such as the gender , freedom , religious and social status such as mu'min , kafir , musta'min , dhimmi , apostate , etc. Similar distinctions also apply to witnessing practices, which have a fundamental value in
1652-503: A process known as ijtihad (lit. mental effort). Traditional jurisprudence distinguishes two principal branches of law, rituals and social dealings ; subsections family law , relationships (commercial, political / administrative ) and criminal law , in a wide range of topics. Its rulings are concerned with ethical standards as much as legal norms, assigning actions to one of five categories : mandatory , recommended , neutral , abhorred , and prohibited . Over time with
1770-602: A reference to the ancient Odantapuri University established near the city in the 7th century CE by Pala king Gopala I . The settlement does, however, predate the Buddha . It became the capital of the Magadha kingdom in the Pala Empire . Odantapuri is considered to have been the second-oldest of India's Mahaviharas , and it is believed to have been located on or at the foot of Bari Pahari (English: Big Hill ), or in
1888-399: A rule , there was a hierarchy and power ranking among the sources of Sharia; for example, a subcategory or an auxiliary source will not be able to eliminate a provision clearly stated in the main source or prohibit a practice that was not prohibited though it was known and practiced during the prophetic period. If we look at an example such as the abolition of the validity of Mut'a marriage ,
2006-543: A sequence of such smaller topics, each called a "book" ( kitab ). The special significance of ritual was marked by always placing its discussion at the start of the work. Some historians distinguish a field of Islamic criminal law , which combines several traditional categories. Several crimes with scripturally prescribed punishments are known as hudud . Jurists developed various restrictions which in many cases made them virtually impossible to apply. Other crimes involving intentional bodily harm are judged according to
2124-657: A source of law in place of qiyas and extension of the notion of sunnah to include traditions of the imams . Islamic scholar Rashid Rida (1865–1935 CE) lists the four basic sources of Islamic law, agreed upon by all Sunni Muslims : "the [well-known] sources of legislation in Islam are four: the Qur'an , the Sunnah , the consensus of the ummah and ijtihad undertaken by competent jurists" While traditional understanding strongly denies that Quran may have changed ( Al Hejr :9),
2242-405: A version of lex talionis that prescribes a punishment analogous to the crime ( qisas ), but the victims or their heirs may accept a monetary compensation ( diya ) or pardon the perpetrator instead; only diya is imposed for non-intentional harm. Other criminal cases belong to the category of taʿzīr , where the goal of punishment is correction or rehabilitation of the culprit and its form
2360-509: Is "specific to" a person, group, institution, event, situation, belief and practice in different areas of life, and usually includes the approval/disapproval of a judgment, is called fatwa . Tazir penalties , which are outside the Qisas and Hudud laws, have not been codified, and their discretion and implementation are under the initiative and authority of the judge or political authority. Mustafa Öztürk points out some another developments in
2478-511: Is a part of Patna Division . Majority of the land in the district is fertile land of Indo Gangetic plane. In the extreme South, there lies the hills of Rajgir. There is also one small hillock in the district headquarters of Bihar Sharif. In 1978 Nalanda district became home to the Pant Wildlife Sanctuary , Rajgir which has an area of 35.84 km (13.8 sq mi). According to the 2011 census Nalanda district has
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#17327754618152596-510: Is a part of the Intercity bus service of Bihar State Road Transport Corporation and Patna City bus service. So, state-owned Intercity bus services to the State capital Patna is available at very short intervals. BSRTC also provides City Bus services from Bihar Sharif to Rajgir , Nawada , Barh and Jamui . Bihar Sharif also comes under the first Intercity Electric bus service in Bihar as
2714-410: Is a sin or a crime to perform a forbidden action or not to perform a mandatory action. Reprehensible acts should be avoided, but they are not considered to be sinful or punishable in court. Avoiding reprehensible acts and performing recommended acts is held to be subject of reward in the afterlife, while neutral actions entail no judgment from God. Jurists disagree on whether the term ḥalāl covers
2832-454: Is also known by the name Kurmistan in political circle. Nalanda district is the birthplace of Chief Minister of Bihar , Nitish Kumar . The Nalanda district comprises Nalanda Lok Sabha constituency , which can further be fragmented into seven Legislative Assembly constituencies. In 2015 Bihar Assembly elections, Janata Dal (United) (JDU), the political party led by Kumar was able to win five out of seven Legislative Assembly constituencies of
2950-401: Is insufficient to distinguish right from wrong , and rational argumentation must draw its content from the body of transcendental knowledge revealed in the Quran and through the sunnah of Muhammad. In addition to the Quran and sunnah, the classical theory of Sunni fiqh recognizes two other sources of law: juristic consensus ( ijmaʿ ) and analogical reasoning ( qiyas ). It therefore studies
3068-514: Is largely left to the judge's discretion. In practice, since early on in Islamic history, criminal cases were usually handled by ruler-administered courts or local police using procedures which were only loosely related to Sharia. The two major genres of furūʿ literature are the mukhtasar (concise summary of law) and the mabsut (extensive commentary). Mukhtasars were short specialized treatises or general overviews that could be used in
3186-570: Is located 74 km (46 mi) from Patna , the capital of Bihar state (via NH 30 and 20). It is situated at the foot of Bari Pahari ( a.k.a. Hiranya Parbat) and on the bank of the Panchanan (Panchane) River. The land around Bihar Sharif is very fertile, with alluvial soil deposited by several rivers. These local rivers include the Mahane, the Panchane – which divides west of Pawapuri into
3304-682: Is located here. This place is located by the NH 20 on the northern side of the city. Nagar Nigam Park is a park developed by the Municipal Corporation of Bihar Sharif on Badi Pahadi. The park features several fountains and cascades along with a children's park. The city is connected by road to major cities like Patna , Rajgir , Nalanda , Nawada , Mehsi , Harnaut , Jamshedpur , Ranchi , Dhanbad , Bokaro , Koderma , Kolkata , Gaya , Hazaribag , Barhi , Jehanabad , Bakhtiyarpur , Barh , Mokama , Munger , Purnea and Ramgarh . Being
3422-419: Is often stated today that Sharia provides many rights to slaves and aims to eradicate slavery over time. However, the widespread use of slavery in the Islamic world continued until the last century, and jurists had no serious objections to the castration of slaves and the unrestricted sexual use of female slaves, with a few exceptions in traditional islamic jurisprudence. A special religious decision, which
3540-516: Is one of four cities selected in Bihar state among the 100 Indian cities to developed as smart cities under Prime Minister Narendra Modi 's flagship Smart Cities Mission . It figured in amongst the ambitious 100 smart cities list to receive funding in the fifth round of the smart cities project in January 2018. The city of Bihar Sharif also has the designation of the location of the first museum in Bihar. The first Bihar Museum, established here in
3658-433: Is ordained for you regarding the people who were killed. Free versus free, slave versus slave, woman versus woman. Whoever is forgiven by the brother of the slain for a price, let him abide by the custom and pay the price well." Modern historians generally adopt intermediate positions regarding origins, suggesting that early Islamic jurisprudence developed out of a combination of administrative and popular practices shaped by
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3776-516: Is the administrative headquarters of this district. The districts is home to the ancient Nalanda Mahavihara a UNESCO World Heritage Site . Nalanda is located in the Magadh region of southern Bihar. Nalanda became a fully-fledged district when it was split from Patna on 9 November 1972. Nalanda district occupies an area of 2,355 square kilometres (909 sq mi). The Phalgu, Mohane, Jirayan, and Kumbhari rivers flow through it. The district
3894-523: Is the first of Four Doors and the lowest level on the path to God in Sufism and in branches of Islam that are influenced by Sufism, such as Ismailism and Alawites . It is necessary to reach from Sharia to Tariqa , from there to Ma'rifa and finally to haqiqa . In each of these gates, there are 10 levels that the dervish must pass through. Jan Michiel Otto summarizes the evolutionary stages of understanding by distinguishing four meanings conveyed by
4012-507: Is touched upon in the Quran 4:24 , and not prohibited (Sunnis translate the words used in the relevant verse with terms used to describe the ordinary marriage event) according to Sunnis is banned by Muhammad towards the end of his lifetime, and according to Shiites , by Omar , "according to his own opinion" and reliying on power. The Shiite sect did not accept the jurisprudence of Omar, whose political and religious authority they rejected from
4130-461: Is traditionally divided into ʿibādāt (rituals or acts of worship) and muʿāmalāt (social relations). Many jurists further divided the body of substantive jurisprudence into "the four quarters", called rituals, sales, marriage and injuries. Each of these terms figuratively stood for a variety of subjects. For example, the quarter of sales would encompass partnerships, guaranty, gifts, and bequests, among other topics. Juristic works were arranged as
4248-566: Is used by Arabic-speaking peoples of the Middle East to designate a prophetic religion in its totality. For example, sharīʿat Mūsā means law or religion of Moses and sharīʿatu-nā can mean "our religion" in reference to any monotheistic faith. Within Islamic discourse, šarīʿah refers to religious regulations governing the lives of Muslims. For many Muslims, the word means simply "justice," and they will consider any law that promotes justice and social welfare to conform to Sharia. Sharia
4366-520: The Hanafi , Maliki , Shafi'i and Hanbali madhhabs. They emerged in the ninth and tenth centuries and by the twelfth century almost all jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of
4484-458: The Hebrew term Halakhah ["The Way to Go"]), or "path to the water hole" and argue that its adoption as a metaphor for a divinely ordained way of life arises from the importance of water in an arid desert environment. In the Quran, šarīʿah and its cognate širʿah occur once each, with the meaning "way" or "path". The word šarīʿah was widely used by Arabic-speaking Jews during
4602-480: The Islamic creed , leading changes in ahkam such as determining the conditions of takfir according to theologians ; First Muslims believed that God lived in the sky as Ahmad Ibn Hanbal says: "Whoever says that Allah is everywhere is a heretic , an infidel, should be invited to repent, but if he does not, be killed." This understanding changes later and gives way to the understanding that "God cannot be assigned
4720-578: The Mihna example. Although the rationalists initially seemed to gain the upper hand in this conflict, with the rise of literalism, the Mutazila sank into history and literalism continued to live by gaining supporters. In this context, the formulation of the Sunni view can be summarized as follows; Human reason is a gift from God which should be exercised to its fullest capacity. However, use of reason alone
4838-539: The Ministry of Defence , Government of India to manufacture artillery shells at Nalanda by the then Defence Minister Shri George Fernandes. Then there is the railway coach maintenance plant at Harnaut Block of Nalanda. Tourism is well developed, with lakhs of people flocking at ruins of Nalanda University, Rajgir and Pawapuri . Rajgir was the first capital of Magadh Empire. Buddha had spent years at this place. Surrounded by five hills, it has got scenic views. Pawapuri,
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4956-744: The Nirwana place of Mahavir , is holy place for the Jains. In 2006 the Ministry of Panchayati Raj named Nalanda one of the country's 250 most backward districts (out of a total of 640 ). It is one of the 36 districts in Bihar currently receiving funds from the Backward Regions Grant Fund Programme (BRGF). 25°12′00″N 85°31′12″E / 25.20000°N 85.52000°E / 25.20000; 85.52000 Sharia Sharia, or fiqh as traditionally known, has always been used alongside customary law from
5074-543: The Ottoman Empire , and is from the Turkish şer'(i) . According to the traditionalist ( Atharī ) Muslim view, the major precepts of Sharia were passed down directly from the Islamic prophet Muhammad without "historical development" and the emergence of Islamic jurisprudence ( fiqh ) also goes back to the lifetime of Muhammad. In this view, his companions and followers took what he did and approved of as
5192-511: The Qur'an , sunnah (or authentic ahadith ), ijma (lit. consensus) (may be understood as ijma al-ummah ( Arabic : إجماع الأمة ) – a whole Islamic community consensus, or ijma al-aimmah ( Arabic : إجماع الائـمـة ) – a consensus by religious authorities ), and analogical reasoning . Four legal schools of Sunni Islam — Hanafi , Maliki , Shafiʽi and Hanbali — developed methodologies for deriving rulings from scriptural sources using
5310-645: The British until Indian independence in 1947. The city has important Buddhist, Hindu and Muslim heritage sites and landmarks. Bihar Sharif is one of the one hundred Indian cities selected to gain funds under Prime Minister Narendra Modi 's flagship Smart Cities Mission . Bihar Sharif was selected in the preliminary list of 100 cities in July 2015 that were to compete for the Smart Cities project. According to Ease of Living Index 2020, Bihar Sharif has been ranked as
5428-550: The Buddhist monasteries of a place now called Bakhtiyarpur . He then came to Vihar, where he completely destroyed Odantapuri University, and the Buddhist viharas before leaving for Nalanda. In Koshak, Nalanda, he appointed Qazi Syed Ibrahim Danishmand as the Qazi-ul-Quzat of Bihar making him incharge of enforcing Sharia law in the region. A few years after Khilji's departure, local Bundela Rajput regained control of
5546-622: The Goithwa, Soyaba and smaller rivers – the Zerain, and others. To the west is the Paimar River, a tributary of the Ganges . As of the 2011 India census , Bihar Sharif had a population of 297,268, up from 231,972 in 2001 and around 130,000 in 1981. The sex ratio was 916 females per 1000 males, with a slightly higher ratio of 927 females per 1,000 males among children. The overall literacy rate
5664-685: The Middle Ages, being the most common translation for the word Torah in the 10th-century Arabic translation of the Torah by Saʿadya Gaon . A similar use of the term can be found in Christian writers. The Arabic expression Sharīʿat Allāh ( شريعة الله ' God's Law ' ) is a common translation for תורת אלוהים ( ' God's Law ' in Hebrew) and νόμος τοῦ θεοῦ ( ' God's Law ' in Greek in
5782-417: The Muslim public that the so-called "gate of ijtihad " was closed at the start of the classical era. Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad , which they saw as a return to Islamic origins. The advocacy of ijtihad has been particularly associated with Islamic Modernism and Salafiyya movements. Among contemporary Muslims in
5900-701: The Nalanda Museum and in many temples. Nalanda College in Bihar Sharif and the locality of Garhpar are situated on the remains of Odantapuri. The ruins at Nalanda are 13 km (8.1 mi) from Bihar Sharif. The shrine of the Sufi Saint Sheikh Makhdoom Sharfuddin Ahmed Yahya Maneri , is located near the ruins of Odantapuri . He is credited with converting many Hindus in the districts of Patna, Bihar Sharif, Gaya, Jehanabad, Arwal, Nawada, Jamui and Sheikhpura, and many Muslims celebrate Urs at
6018-517: The New Testament [Rom. 7: 22]). In Muslim literature, šarīʿah designates the laws or message of a prophet or God, in contrast to fiqh , which refers to a scholar's interpretation thereof. In older English-language law-related works in the late 19th/early 20th centuries, the word used for Sharia was sheri . It, along with the French variant chéri , was used during the time of
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#17327754618156136-658: The Pala period, the state funding to Vikramshila and Odantapuri far exceeded what was granted to Nalanda. As a result, while Nalanda was struggling for survival around 11th century CE, Odantapuri had a rival institution thriving under the royal patronage of Palas. In 1193, during the time of Ikhtiyar ad-Din Muhammad bin Bakhtiyar Khilji 's conquest of Bihar, he came to conquer eastern parts of India and destroyed Nalanda University. En route to Nalanda, he allegedly damaged
6254-408: The Quran existing today is a religious source, infer from the same verses that it is clearly ordered to pray 2 or 3 times, not 5 times. In addition, in religious literature, wajib is widely used for all kinds of religious requirements, without expressing any fiqh definition. As seen above and in many other examples, classifications and labels have a relative character shaped by the understanding of
6372-607: The Sufi Saint Sheikh Makhdoom Sharfuddin Ahmed Yahya Maneri . A pillar dating to the 5th century from the time of the Gupta Empire was found near the fort of Bihar Sharif. It is 14 ft tall and has two inscriptions inscribed upon it by two Gupta rulers, first of Kumaragupta (413-455 CE) and second of Skandagupta (456-480 CE). The name Bihar is derived from vihar or vihara , meaning Buddhist monastery,
6490-540: The West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical undertandings. Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydis , the early Imami Shia were unanimous in censuring Ijtihad in the field of law ( Ahkam ) until the Shiite embrace of various doctrines of Mu'tazila and classical Sunnite Fiqh . After
6608-511: 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. This interpretive apparatus is brought together under the rubric of ijtihad , which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question. The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason ( ʿaql ) as
6726-497: The area is very rich in archaeological remains. The stone sculptures housed here mostly belong to the Pala Empire period. There are medieval period sculptures, ancient pillars, Islamic inscriptions and Mughal coins. A Buddhist monastery located on NH 20 near Hiranya Parvat. A large tank said to be constructed by Queen Moora Devi, mother of the Mauryan Emperor Chandragupta Maurya . A Sun Temple
6844-573: The area. In 2012, plans were announced for the construction of a local Bahá'í House of Worship in Bihar Sharif. This would be only the second House of Worship for India's nearly two million Bahá'ís (the first being the well-known Lotus Temple in Delhi ), and one of the first two local Bahá'í Houses of Worship in Asia (the other being in Battambang , Cambodia ). The final model of the house of worship
6962-469: The authenticity of hadiths could only be questioned through the chain of narration, though some western researchers suggests that primary sources may have also been evolved. Only several verses of the Quran have direct legal relevance, and they are concentrated in a few specific areas such as inheritance , though other passages have been used as a source for general principles whose legal ramifications were elaborated by other means. Islamic literature calls
7080-445: The beginning. Fiqh is concerned with ethical standards as much as with legal norms, seeking to establish not only what is and is not legal, but also what is morally right and wrong. Sharia rulings fall into one of five categories known as "the five decisions" ( al-aḥkām al-khamsa ): mandatory ( farḍ or wājib ), recommended ( mandūb or mustaḥabb ), neutral ( mubāḥ ), reprehensible ( makrūh ), and forbidden ( ḥarām ). It
7198-677: The branches of fiqh ), which is devoted to elaboration of rulings on the basis of these principles. Classical Islamic jurisprudence refers how to elaborate and interpret religious sources that are considered reliable within the framework of "procedural principles" within its context such as linguistic and " rhetorical tools " to derive judgments for new situations by taking into account certain purposes and mesalih. Textual phrases usually dealt with under simple antithetical headings: general and particular, command and prohibition, obscure and clear, truth and metaphor. It also comprises methods for establishing authenticity of hadith and for determining when
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#17327754618157316-569: The city from its Muslim rulers. Bundela Rajputs then ruled the area until the reign of Raja Biththal. The district of Nalanda formed a part of the territory under Muslim rulers of Bengal till 1320 AD when Ghiyasuddin Tughlaq separated Bihar from Bengal. Delhi Sultan Muhammad bin Tughluq ( r. 1324–1351 CE) then sent Syed Ibrahim Mallick with an army to conquer the Magadha region. After
7434-427: The city's economy, as do footwear and garments manufactured by household industries. The locality of Sohsarai in the city hosts an extensive textile market, which is known as "Mini Surat". As of 1981, the city had a major beedi cigarette industry which employed 15,000 people, mainly Muslims and some lower-caste Hindus. In recent years the city has changed from a trade-based economy to an education hub. Bihar Sharif
7552-539: The complete and uncompromising implementation of "exact/pure sharia" without modifications, while modernists argue that it can/should be brought into line with human rights and other contemporary issues such as democracy, minority rights , freedom of thought , women's rights and banking by new jurisprudences. In Muslim majority countries, traditional laws have been widely used with or changed by European models. Judicial procedures and legal education have been brought in line with European practice likewise. While
7670-444: The constitutions of most Muslim-majority states contain references to sharia, its rules are largely retained only in family law and penalties in some. The Islamic revival of the late 20th century brought calls by Islamic movements for full implementation of sharia, including hudud corporal punishments , such as stoning through various propaganda methods ranging from civilian activities to terrorism . The word sharīʿah
7788-466: The contemporary Islamist understanding ), some researchers see the early history of Islam , which has been modelled and exalted by most Muslims, not as a period when sharia was dominant, but a kind of " secular Arabic expansion ". Approaches to sharia in the 21st century vary widely, and the role and mutability of sharia in a changing world has become an increasingly debated topic in Islam. Beyond sectarian differences , fundamentalists advocate
7906-695: The country. Recently, the Fatuha–Islampur branch line has been connected to this route by linking Daniyawan to Bihar Sharif. The extension of passenger services to link Bihar Sharif with Hilsa , Sheikhpura and Gaya began in 2013. A number of colleges, schools and educational institutions are located in the city. Notable institutions include: Hindi dailies such as Dainik Jagran , Hindustan , Dainik Bhaskar , Prabhat Khabar , Aj and other local dailies are available as well as English-language newspapers including Times of India , The Hindu along with various types of magazines. Keshav Ram Bhatta,
8024-610: The district headquarters, it is a major transport hub and has regular bus service to all other major destinations in the region. NH 33 and NH 20 , a part of Asian Highway Network and AH42 passes through the city. NH 33 and NH 20 intersects each other in the city. NH 20 connects to Patna via Bakhtiyarpur and to Nawada, Barhi , Koderma , Hazaribagh and Ranchi . NH 33 connects the city to Mokama , Barbigha, Asthawan, Jahanabad and Arwal . NH 120 starts here and runs to Dumraon via Nalanda , Rajgir and Gaya . SH 78 connects it with Chandi, Daniyawan and Hilsa. Bihar Sharif
8142-419: The district. It has been stated that preponderance of Kushwahas apart from Kurmis and sizeable population of Extremely Backward Castes, who are considered as the supporters of Kumar, has been the prime factor behind success of JDU in polls conducted in this district. These 3 Tehsils are further divided into 20 Blocks , each headed by a Block Development Officer (BDO). Nalanda district is fast developing and
8260-572: The divine law, and that its specific aim was preservation of five essentials of human well-being: religion, life, intellect, offspring, and property. Although most classical-era jurists recognized maslaha and maqasid as important legal principles, they held different views regarding the role they should play in Islamic law. Some jurists viewed them as auxiliary rationales constrained by scriptural sources and analogical reasoning. Others regarded them as an "independent" source of law, whose general principles could override specific inferences based on
8378-479: The education sector and household manufacturing. The ruins of the ancient Nalanda Mahavihara, a UNESCO World Heritage Site , are located near the city. Under the Pala Empire , Odantapuri , a major Buddhist monastic university was built at the site of Bihar Sharif. In the early 14th century, the city was captured by the Delhi Sultanate. Bihar Sharif was later ruled by other Muslim dynasties and then by
8496-546: The efforts of hadith scholars to weed out fabrications. After it became accepted that legal norms must be formally grounded in scriptural sources, proponents of rules of jurisprudence supported by the hadith would extend the chains of transmission of the hadith back to Muhammad's companions. In his view, the real architect of Islamic jurisprudence was al-Shafi'i , who formulated this idea (that legal norms must be formally grounded in scriptural sources) and other elements of classical legal theory in his work al-risala , but who
8614-412: The establishment of judicial provisions, such as the identification of the criminals. According to the traditional understanding, four male fair witnesses were required for the accusation of adultery in court, and two male witnesses were required for any other verdict. In addition, the accusers would be punished with slander for accusations that do not meet the specified conditions as a note. For example,
8732-460: The face of the development of the understanding of law and the increasing reactions to corporal punishment - claim that the verse determines the punishment of "concrete sequential criminal acts" - such as massacre, robbery and rape - in addition to rebellion against the legitimate government, and that the punishment to be given depends on the existence of these preconditions. The body of hadith provides more detailed and practical legal guidance, but it
8850-582: The fard rule. 1. Nass , (only verses of the Qur'an can be accepted as evidence here, not hadiths ) 2.The expression of the text referring to the subject must be clear and precise enough not to allow other interpretations. The term wajib is used for situations that do not meet the second of these conditions. However, this understanding may not be sufficient to explain every situation. For example, Hanafis accept 5 daily prayers as fard. However, some religious groups such as Quranists and Shiites , who do not doubt that
8968-448: The first five Islamic centuries , ijtihad continued to practise amongst Sunni Muslims. The controversy surrounding ijtihad started with the beginning of the twelfth century. By the 14th century, Islamic Fiqh prompted leading Sunni jurists to state that the main legal questions had been addressed and then ijtihad was gradually restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of
9086-439: The first three or the first four categories. The legal and moral verdict depends on whether the action is committed out of necessity ( ḍarūra ) and on the underlying intention ( niyya ), as expressed in the legal maxim "acts are [evaluated according] to intention." Hanafi fiqh does not consider both terms as synonymous and makes a distinction between " fard " and " wajib "; In Hanafi fiqh, two conditions are required to impose
9204-424: The formation of fiqh while they have accepted the general outlines of the traditionalist account at first. In the late 19th century, an influential revisionist hypothesis was advanced by Ignác Goldziher and elaborated by Joseph Schacht in the mid-20th century. Schacht and other scholars argued that having conquered much more populous agricultural and urban societies with already existing laws and legal needs,
9322-591: The governor of Bengal of decided to transfer the contents of the Bihar Museum to Indian Museum in Calcutta. After the foundation of Patna Museum , a significant part of the collection was transferred there, listed in the catalogue as from Broadley Collection. The Bihar Sharif Pillar Inscriptions from the Gupta Empire were found in front of the northern gate of the fort of Bihar (Bihar Sharif). The pillar
9440-531: The hands of the Sherqui Dynasty of Jaunpur from 1394 to 1486 CE. After that it was amalgamated with the Muslim kingdom of Gauda . After the Delhi Sultanate, the first Sur emperor, Sher Shah Suri (r. 1540–1545 CE), moved the regional capital to Patliputra (modern-day Patna ), and the whole Magadha region came to be called Bihar. Before that the residence of the Muslim governors of Bihar remained at Bihar Sharif until 1541 CE. Patna became
9558-399: The initial Muslim efforts to formulate legal norms regarded the Quran and Muhammad's hadiths as just one source of law, with jurist personal opinions, the legal practice of conquered peoples, and the decrees and decisions of the caliphs also being valid sources. According to this theory, most canonical hadiths did not originate with Muhammad but were actually created at a later date, despite
9676-561: The late 19th century by Alexander Meyrick Broadley was not just the oldest museum in Bihar but also one of the oldest in India. Broadley was the district magistrate of Bihar Sharif in 1860s and one of the earliest surveyors and explorers of Bihar. During the course of his amateur excavations, he collected many sculptures and architectural fragments, with which he established a museum at the Collector's Bungalow at Bihar Sharif in 1871–1872. The collection recorded at least 686 artefacts. In 1891,
9794-556: The laws that can be associated with the Quran in Sharia " hudud " (meaning the limits set by Allah). How the verse Al-Ma'idah 33, which describes the crime of hirabah , should be understood is a matter of debate even today. The verse talks about the punishment of criminals by killing, hanging, having their hands and feet cut off on opposite sides , and being exiled from the earth, in response to an -abstract- crime such as " fighting against Allah and His Messenger ". Today, commentators - in
9912-665: The legal force of a scriptural passage is abrogated by a passage revealed at a later date. The sources of judgment in classical fiqh are roughly divided into two: Manqūlāt (Quran and hadith) and Aqliyyāt (ijma, qiyas, ijtihad and others). Some of them (Aqliyyāt) are considered to be the product of scholastic theology and Aristotelian logic . It was an important area of debate among traditional fiqh scholars how much space should be given to rational methods in creating provisions such as extracting provisions from religious texts, as well as expanding, restricting, abolishing or postponing these provisions according to new situations, considering
10030-572: The letter of scripture . Taking maqasid and maslaha as an "independent" source of sharia - rather than an auxiliary one - will pave the way for the re-critique and reorganization of ahkam in the context of maqasid and maslaha, thus (including hudud ), which is often criticized in terms of today's values and seen as problematic, in terms of the purposes of sharia and social benefits will be replaced by new ones. Abdallah bin Bayyah goes further with an approach that prioritizes purpose and benefit among
10148-527: The lines of theological differences and resulted in formation of the Twelver , Zaidi and Ismaili madhhabs, whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools. The Ibadi legal school, distinct from Sunni and Shia madhhabs, is predominant in Oman. The transformations of Islamic legal institutions in the modern era have had profound implications for
10266-459: The madhhab system. Legal practice in most of the Muslim world has come to be controlled by government policy and state law, so that the influence of the madhhabs beyond personal ritual practice depends on the status accorded to them within the national legal system. State law codification commonly utilized the methods of takhayyur (selection of rulings without restriction to a particular madhhab) and talfiq (combining parts of different rulings on
10384-419: The most livable among cities in Bihar which have population under 1 million. It was ranked 1st in Bihar and 28th among cities with a population under 1 million in India with an overall ranking of 63rd among 111 Indian cities. The city's name is a combination of two words: Bihar , derived from vihara (meaning monastery), also the name of the state; and Sharif (meaning noble), referring to the resting place of
10502-411: The necessities brought by sociological changes, on the basis of mentioned interpretative studies legal schools have emerged, reflecting the preferences of particular societies and governments, as well as Islamic scholars or imams on theoretical and practical applications of laws and regulations. Although sharia is presented as a form of governance in addition to its other aspects (especially by
10620-540: The people and groups who make them. For example, believing in the existence and miracles of Awliya is presented as a "condition" for orthodox Islam by many prominent Sunni creed writers such as Al-Tahawi and Nasafi and is accepted in traditional Sunnis and Shi'ism. However, this understanding, along with expressions of respect and visits to the graves of saints, are seen as unacceptable heresy by puritanical and revivalist Islamic movements such as Salafism , Wahhabism and Islamic Modernism . About six verses address
10738-445: The present-day Gadh Par locality of Bihar Sharif. According to Tibetan records it housed about 12,000 students and was an important centre of Buddhist learning. Acharya Sri Ganga of Vikramashila was a student there. The Big Hill or Badi Pahadi was known as Pashravati at the time. Odantapuri was part of a network of five Mahaviharas in eastern India. The others were Nalanda , Vikramashila , Somapura , and Jagaddala . During
10856-490: The purpose and benefit, together with new sociologies, in the face of changing conditions. In this context, in the Classical period, the ulema were divided into groups (among other divisions such as political divisions) regarding the place of " 'Aql " vis-à-vis naql: those who rely on narration ( Atharists , Ahl al-Hadith ), those who rely on reason ( Ahl al-Kalām , Mu'tazila and Ahl al-Ra'y ) and those who tried to find
10974-561: The question, or where there is an existing scholarly consensus ( ijma ). An Islamic scholar who perform ijtihad is called " mujtahid ". In the general understanding, beyond the limitation of ijtihad to those situations that do not have a clear ruling in the Quran and hadiths, scholars who have the ability to give general judgments are also ranked with definitions such as "mujtahid mutlaq", "mujtahid in sect", "mujtahid in issue". Rulings based on ijtihad are not decisions that require obligatory implementation for other Muslims. Throughout
11092-438: The religious and ethical precepts of Islam. It continued some aspects of pre-Islamic laws and customs of the lands that fell under Muslim rule in the aftermath of the early conquests and modified others, aiming to meet the practical need of establishing Islamic norms of behavior and adjudicating disputes arising in the community. Juristic thought gradually developed in study circles, where independent scholars met to learn from
11210-432: The ruins of the ancient Nalanda University or UNESCO Nalanda Archaeological Site attracts tourists from all over the world driving the local economy. Agriculture is the backbone of the economy, with the majority of the population engaged in agriculture. Rice, wheat, maize, pulses, potato, fruits, and vegetables are the main crops. A newly setup Ordnance Factory , one of the 41 Indian Ordnance Factories has been set up by
11328-481: The same question). Legal professionals trained in modern law schools have largely replaced traditional ulema as interpreters of the resulting laws. Global Islamic movements have at times drawn on different madhhabs and at other times placed greater focus on the scriptural sources rather than classical jurisprudence. The Hanbali school, with its particularly strict adherence to the Quran and hadith, has inspired conservative currents of direct scriptural interpretation by
11446-632: The same time, the cycle of abridgement and commentary allowed jurists of each generation to articulate a modified body of law to meet changing social conditions. Other juristic genres include the qawāʿid (succinct formulas meant to aid the student remember general principles) and collections of fatwas by a particular scholar. Classical jurisprudence has been described as "one of the major intellectual achievements of Islam" and its importance in Islam has been compared to that of theology in Christianity . The main Sunni schools of law ( madhhabs ) are
11564-422: The school's founder. In the course of the first three centuries of Islam, all legal schools came to accept the broad outlines of classical legal theory, according to which Islamic law had to be firmly rooted in the Quran and hadith. Fiqh is traditionally divided into the fields of uṣūl al-fiqh (lit. the roots of fiqh ), which studies the theoretical principles of jurisprudence, and furūʿ al-fiqh (lit.
11682-596: The shrine each year in the month of Shawwal on the Hijri calendar. The inscription over its entrance mentions that the tomb was completed in 1569. Another notable site in the city is the Langot Fair at Baba Maniram Akhara ; the Akhara of Sant Maniram was founded by Raja Biththal to train youth in fighting. The mausoleum of Syed Ibrahim Mallick Baya is presently located on the top of the hill known as Hiranya Parvata. It
11800-749: The sources of sharia and declares it to be the heart of "usul-al fiqh". 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 by drawing on the intellectual heritage of traditional jurisprudence. These scholars expanded the inventory of maqasid to include such aims of Sharia as reform and women's rights ( Rashid Rida ); justice and freedom ( Mohammed al-Ghazali ); and human rights and dignity ( Yusuf al-Qaradawi ). Ijtihad lit. ' physical ' or ' mental effort ' refers to independent reasoning by an expert in Islamic law , or exertion of
11918-431: The term maqāṣid aš-šarīʿa are the expressions maqāṣid aš-šāriʿ ("intentions of the legislature"), maqāṣid at-tašrīʿ ("intentions of the legislature "), ruḥ aš -šarīʿa ("Spirit of Sharia"), ḥikmat at-tašrīʿ ("Wisdom of Legislation") and falsafat at-tašrīʿ ("Philosophy of Legislation"). They were first clearly articulated by al-Ghazali (d. 1111), who argued that Maqāṣid and maslaha was God's general purpose in revealing
12036-462: The term sharia in discourses. A related term al-qānūn al-islāmī ( القانون الإسلامي , Islamic law), which was borrowed from European usage in the late 19th century, is used in the Muslim world to refer to a legal system in the context of a modern state. The primary meanings of the Arabic word šarīʿah , derived from the root š-r-ʕ . The lexicographical studies records two major areas of
12154-540: The testimony of two women can be equal to the testimony of a man, and a non-Muslim or a sinner cannot serve as an eyewitness against a Muslim. Men's share of the inheritance will be twice that of women. Islamic preachers constantly emphasize the importance of adalah , and in trials, the judge is not expected to observe equality among those on trial, but is expected to act fairly or balanced. Traditional fiqh states that legal and religious responsibility begins with rushd . The domain of furūʿ al-fiqh (lit. branches of fiqh)
12272-473: The vast majority of hadiths were handed down by only one or a few transmitters and were therefore seen to yield only probable knowledge. The uncertainty was further compounded by ambiguity of the language contained in some hadiths and Quranic passages. Disagreements on the relative merits and interpretation of the textual sources allowed legal scholars considerable leeway in formulating alternative rulings. In Imam Malik 's usage, hadith did not consist only of
12390-528: The very beginning in Islamic history ; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists -reflecting the tendencies of different schools - and integrated and with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional theory of Islamic jurisprudence recognizes four sources for Ahkam al-sharia :
12508-647: The victory of the Usulis who based law on principles ( usul ) over the Akhbaris ("traditionalists") who emphasized on reports or traditions ( khabar ) by the 19th century, Ijtihad would become a mainstream Shia practice. The classical process of ijtihad combined these generally recognized principles with other methods, which were not adopted by all legal schools, such as istihsan (juristic preference), istislah (consideration of public interest) and istishab (presumption of continuity). Considering that, as
12626-432: The way a woman should dress when in public; Muslim scholars have differed as how to understand these verses, with some stating that a Hijab is a command (fard) to be fulfilled and others say simply not. The statement in the Qur'an that determines the status of slaves and concubines in the understanding of Sharia is as follows; ma malakat aymanuhum or milk al-yamin meaning " those whom your right hands possess ". It
12744-544: The word can appear without religious connotation. In texts evoking a pastoral or nomadic environment, šarīʿah and its derivatives refers to watering animals at a permanent water-hole or to the seashore. One another area of use relates to notions of stretched or lengthy. The word is cognate with the Hebrew saraʿ שָׂרַע and is likely to be the origin of the meaning "way" or "path". Some scholars describe it as an archaic Arabic word denoting "pathway to be followed" (analogous to
12862-769: The words claimed to belong to Muhammad as is the case with Shiite Muslims . While hadith does not appear to be an important source of decision for early fiqh scholars such as Abu Hanifa , for later scholars, hadith is perceived as the words of Muhammad merely and is considered as a strong and separate source of decision alongside the Quran. Today, Quranists do not consider hadiths as a valid source of religious rulings. Maqāṣid (aims or purposes) of Sharia and maṣlaḥa (welfare or public interest) are two related classical doctrines which have come to play an increasingly prominent role in modern times. Abū Hāmid al-Ghazālī , Izz al-Din ibn 'Abd al-Salam and Abu Ishaq al-Shatibi used maslaha and madasıd as equivalent terms. Synonyms for
12980-882: The world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in Lower Egypt, East Africa, and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is commonly identified as extinct, continues to exert influence over legal thought. The development of Shia legal schools occurred along
13098-429: Was 75.30%, with male literacy at 80.80% and female literacy at 69.28%. According to the 2011 census, 65.86% of the city's population identifies as Hindu , 33.59% identifies as Muslim , 0.34% did not answer the census question, 0.17% identifies as Christian , and fewer than fifty identified with each of the other religious groups on the survey. A 1981 report lists a 48% proportion of Muslims and notes this as unusual for
13216-399: Was a practice used as a resolution tool in inter-tribal conflicts in pre-Islamic Arab society . The basis of this resolution was that a member from the tribe to which the murderer belonged was handed over to the victim's family for execution, equivalent to the social status of the murdered person. The "condition of social equivalence" meant the execution of a member of the murderer's tribe who
13334-421: Was built in 14th century CE. Badi Pahadi, also known as Hiranya Parvat, has a large park, a temple and the mausoleum of Syed Ibrahim Mallick Baya located on it. Most tourists visiting Biharsharif are domestic - from other places in Bihar and adjoining states. Housed in the building known as "Virasat Bihar", this museum opened in 1979 and housing relics and sculptures unearthed from the city and nearby areas as
13452-437: Was equivalent to the murdered person. For example, only a slave could be killed for a slave, and a woman for a woman. In other cases, compensatory payment ( Diya ) could be paid to the family of the murdered. On top of this pre-Islamic understanding added a debate about whether a Muslim can be executed for a non-Muslim during the Islamic period. The main verse for implementation in Islam is Al Baqara 178: "Believers! Retaliation
13570-568: Was preceded by a body of Islamic law not based on primacy of Muhammad's hadiths. Some articles that may be considered precursors of sharia law and rituals can be found in the pre-Islamic Arabic Religions ; Hajj , salāt and zakāt could be seen in pre-Islamic Safaitic-Arabic inscriptions, and continuity can be observed in many details, especially in todays hajj and umrah rituals. The veiling order , which distinguishes between slaves and free women in Islam , also coincides with similar distinctions seen in pre-Islamic civilizations. Qisas
13688-503: Was recognized early on that not all of them were authentic. Early Islamic scholars developed personal criteria for evaluating their authenticity by assessing trustworthiness of the individuals listed in their transmission chains. These studies narrowed down the vast corpus of prophetic traditions to several thousand "sound (seeming to collectors)" hadiths, which were collected in several canonical compilations. The hadiths which enjoyed concurrent transmission were deemed mutawatir ; however,
13806-544: Was removed and set up on a brick pedestal opposite the Bihar Court House, and then later transferred to the Patna Museum . The city has many artefacts and relics of Buddhist and Jain heritage. Mahavira , often regarded as the founder of Jainism , is said to have attained Nirvana at the nearby town of Pawapuri , where the famous Jal Mandir is situated. Broken idols of Buddha and Mahavira can be found in
13924-525: Was unveiled in April 2020 and its foundation has been laid on 21 February 2021 and is expected to get completed by 2023. Agricultural trade and Education are the two main economic activities of Bihar Sharif, with crops including cauliflower, potato, mustard seed and other vegetables, which are exported to neighbouring states. The region is well known for extensive production of vegetables. Tourism to nearby sites like Nalanda , Rajgir and Pawapuri also boosts
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