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108-501: The Arabic singular form dar ( دار ), translated literally, may mean "house", "abode", "structure", "place", "land", or "country". In Islamic jurisprudence it often refers to a part of the world. The notions of "houses" or "divisions" of the world in Islam such as dar al-Islam and dar al-harb does not appear in the Quran or the hadith . According to Abou El Fadl , the only dar s

216-465: A harbi . Al-Shaybani ruled that even non-Muslim residents (dhimmis) could grant aman, while others sources say non-Muslim residents could not grant aman. There is a controversy among the Islamic view points regarding the application of the early territorial Islamic concepts to the modern world. While many Islamic scholars adhere the view point that the early Islamic divisions are no longer relevant to

324-578: A "vacuum" in the other source of Islamic law, qada` (legal rulings by state appointed Islamic judges) after the fall of the last caliphate the Ottoman Empire. While the practice in Islam dates back to the time of Muhammad, according to at least one source (Muhammad El-Gamal), it is "modeled after the Roman system of responsa ," and gives the questioner "decisive primary-mover advantage in choosing

432-530: A central Pillar of Ijtihad . On the other hand; Zahirites , Ahmad ibn Hanbal , Al-Bukhari , early Hanbalites , etc. rejected Qiyas amongst the Sunnis. Similarly, the Shi’a jurists almost unanimously reject both pure reason and analogical reason; viewing both these methods as subjective. The Qur'an gives clear instructions on many issues, such as how to perform the ritual purification ( wudu ) before

540-643: A chain of transmitters". However, she adds that "nowadays, hadith almost always means hadith from Muhammad himself." In contrast, according to the Shia Islam Ahlul Bayt Digital Library Project, "... when there is no clear Qur'anic statement, nor is there a Hadith upon which Muslim schools have agreed. ... Shi'a ... refer to Ahlul-Bayt [the family of Muhammad] to derive the Sunnah of the Prophet"—implying that while hadith

648-478: A collection of parallel systems within Islam. Much of the early Islamic history available today is also based on the hadith, although it has been challenged for its lack of basis in primary source material and the internal contradictions of available secondary material. The hadith have been called by American- Sunni scholar Jonathan A. C. Brown as "the backbone" of Islamic civilization. Hadith may be hadith qudsi (sacred hadith)—which some Muslims regard as

756-707: A companion say, 'I heard the Prophet. ' " The one after him would then say, "I heard someone say, 'I heard a Companion say, 'I heard the Prophet ;...''" and so on. Different branches of Islam refer to different collections of hadith, although the same incident may be found in hadith from different collections. In general, the difference between Shi'a and Sunni collections is that Shia give preference to hadiths attributed to Muhammad's family and close companions ( Ahl al-Bayt ), while Sunnis do not consider family lineage in evaluating hadith and sunnah narrated by any of twelve thousand companions of Muhammad. Traditions of

864-531: A formal peace treaty with a territory in dar al-harb, it was immune from attack by Muslims, and its inhabitants (called harbi ) could enter Muslim lands unmolested. In the absence of a peace treaty, a harbi could also enter Muslim lands safely if that ' harbi first obtained an aman (assurance of protection). It was through such aman that trade and cultural exchange was conducted between dar al-harb and dar al-Islam. Any adult Muslim resident of dar al-Islam (male or female, free or slave) could grant such aman to

972-698: A link between the king's reforms and the legal system of the Kingdom of Sicily . The island had previously been ruled by various Islamic dynasties. Several other fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence, and introduced to England by the Normans after the Norman conquest of England and the Emirate of Sicily, and by Crusaders during

1080-498: A long-held part of Islamic practice and belief are not mentioned in the Quran, but are reported in hadiths. Therefore, Muslims usually maintain that hadiths are a necessary requirement for the true and proper practice of Islam, as it gives Muslims the nuanced details of Islamic practice and belief in areas where the Quran is silent. An example is the obligatory prayers, which are commanded in the Quran, but explained in hadith. Details of

1188-641: A manuscript dated 844. A collection of hadiths dedicated to invocations to God, attributed to a certain Khālid ibn Yazīd, is dated 880–881. A consistent fragment of the Jāmiʿ of the Egyptian Maliki jurist 'Abd Allāh ibn Wahb (d. 813) is finally dated to 889. Sunni and Shia hadith collections differ because scholars from the two traditions differ as to the reliability of the narrators and transmitters. Narrators who sided with Abu Bakr and Umar rather than Ali , in

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1296-491: A much more flexible character, and some modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. This would require formulating a new fiqh suitable for the modern world, e.g. as proposed by advocates of the Islamization of knowledge , which would deal with the modern context. This modernization is opposed by most conservative ulema . Traditional scholars hold that

1404-721: A peace agreement with all other members of the UN by way of the UN Charter. When a Muslim state enters the agreement to be a member of the UN, it actually enters a contract. Islam requires Muslims to fulfill all contracts that have been agreed upon, regardless of whether the contract was signed with Muslims or non-Muslims, as defined in The Quran, 5:1, 2:177. Archived 2010-07-01 at the Wayback Machine Fiqh Fiqh ( / f iː k / ; Arabic : فقه )

1512-489: A profound and controversial influence on tafsir (commentaries of the Quran). The earliest commentary of the Quran known as Tafsir Ibn Abbas is sometimes attributed to the companion Ibn Abbas. The hadith were used the form the basis of sharia (the religious law system forming part of the Islamic tradition), and fiqh (Islamic jurisprudence). The hadith are at the root of why there is no single fiqh system, but rather

1620-650: A similar case. In the years proceeding Muhammad, the community in Madina continued to use the same rules. People were familiar with the practice of Muhammad and therefore continued to use the same rules. The scholars appearing in the diagram below were taught by Muhammad's companions , many of whom settled in Madina. Muwatta by Malik ibn Anas was written as a consensus of the opinion, of these scholars. Muwatta by Malik ibn Anas quotes 13 hadiths from Imam Jafar al-Sadiq . Aisha also taught her nephew Urwah ibn Zubayr . He then taught his son Hisham ibn Urwah , who

1728-788: A territory concluded a peace treaty with dar al-Islam, dar al-Islam was obligated to protect this territory and its people, hence the territory effectively became dar al-Islam. Thus, Hanafis did not recognize this division. This designation can be found in the Quran, where Muslims are directed on how they should act in war: Excepting those who join a people between whom and you there is a treaty, or such as come to you with hearts reluctant to fight you, or to fight their own people. Had Allah wished, He would have imposed them upon you, and then they would have surely fought you. So if they keep out of your way and do not fight you, and offer you peace, then Allah does not allow you any course [of action] against them. Dar al-harb (Arabic: دار الحرب "house of war")

1836-440: Is Islamic jurisprudence . Fiqh is often described as the style of human understanding and practices of the sharia ; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation ( ijtihad ) of the Quran and Sunnah by Islamic jurists ( ulama ) and

1944-419: Is a form of Islamic oral tradition containing the sayings, actions, and approvals of the prophet Muhammad as relayed through a sequentially corroborated chain of narrators (multiple linkages of attested individuals who heard and repeated the hadith, from which the source of the hadith can be traced). Compilations of hadith were aggregated into distinct collections by Islamic scholars (known as Muhaddiths ) in

2052-416: Is a particular ruling in a given case. The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the body of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence ) and the process of gaining knowledge of Islam through jurisprudence. The historian Ibn Khaldun describes fiqh as "knowledge of

2160-650: Is also referred to as dar al-salam or "house/abode of peace". In the Quran (10.25 and 6.127) this term refers to Paradise in Heaven. Dar al-Islam consisted of Muslims and non-Muslims, with the latter living as dhimmis (protected persons). The non-Muslims had the right to their own law and religion in exchange for paying the jizya . While Muslims enjoyed full civil rights, non-Muslims were given partial civil rights. However, both Muslims and non-Muslims were equal in their claim to security and being protected from attack. For example, if an enemy seized dar al-Islam's citizens,

2268-545: Is based on spoken reports in circulation after the death of Muhammad. Hadith were not promptly written down during Muhammad's lifetime or immediately after his death. Hadith were evaluated orally to written and gathered into large collections during the 8th and 9th centuries, generations after Muhammad's death, after the end of the era of the Rashidun Caliphate , over 1,000 km (600 mi) from where Muhammad lived. "Many thousands of times" more numerous than

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2376-602: Is implemented by the rulings ( fatwa ) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as economic and political system. In the modern era, there are four prominent schools ( madh'hab ) of fiqh within Sunni practice, plus two (or three) within Shi'a practice. A person trained in fiqh

2484-436: Is known as a faqīh ( pl. : fuqaha ). Figuratively, fiqh means knowledge about Islamic legal rulings from their sources. Deriving religious rulings from their sources requires the mujtahid (an individual who exercises ijtihad ) to have a deep understanding in the different discussions of jurisprudence. The studies of fiqh , are traditionally divided into Uṣūl al-fiqh ( principles of Islamic jurisprudence , lit.

2592-565: Is limited to the "Traditions" of Muhammad, the Shi'a Sunna draws on the sayings, etc. of the Ahlul-Bayt i.e. the Imams of Shi'a Islam. The word sunnah is also used in reference to a normative custom of Muhammad or the early Muslim community . Joseph Schacht describes hadith as providing "the documentation" of the sunnah . Another source (Joseph A. Islam) distinguishes between

2700-683: Is not regarded as sacred and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious . This division of interpretation in more detailed issues has resulted in different schools of thought ( madh'hab ). This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that guide Muslims in everyday life. Islamic jurisprudence ( fiqh ) covers two main areas: These types of rules can also fall into two groups: Rules in relation to actions (' amaliyya — عملية) or " decision types " comprise: Rules in relation to circumstances ( wadia' ) comprise: The modus operandi of

2808-497: Is rare or extremely limited. This is because Islamic countries have joined the United Nations covenant that stipulates that the relationship between nations is peace and not war. Therefore non-Muslim countries are Dār al-‘Ahd ..." According to Abu Hanifa there are three conditions that need to be fulfilled for a land to be classified as dar al-harb: The purpose behind differentiating between dar al-Islam and dar al-harb

2916-638: Is the hadith of Abu Hurairah who said that Muhammad said: When God decreed the Creation He pledged Himself by writing in His book which is laid down with Him: My mercy prevails over My wrath. In the Shia school of thought, there are two fundamental viewpoints of hadith: The Usuli view and the Akhbari view. The Usuli scholars emphasize the importance of scientific examination of hadiths through ijtihad while

3024-774: The Crusades . In particular, the "royal English contract protected by the action of debt is identified with the Islamic Aqd , the English assize of novel disseisin is identified with the Islamic Istihqaq , and the English jury is identified with the Islamic lafif ." John Makdisi speculated that English legal institutions such as "the scholastic method , the licence to teach ", the " law schools known as Inns of Court in England and Madrasas in Islam" and

3132-467: The Kharijites also rejected the hadiths, while Mu'tazilites rejected the hadiths as the basis for Islamic law, while at the same time accepting the Sunnah and Ijma . Because some hadith contain questionable and ambiguous statements, the authentication of hadith became a major field of study in Islam. In its classic form a hadith consists of two parts—the chain of narrators who have transmitted

3240-735: The Levant , Al-Awza'i was leading in this discipline and later Al-Shafi'i . The concept of dar al-harb has been affected by historical changes such as the political fragmentation of the Muslim world. The theoretical distinction between dar al-Islam and dar al-harb is widely considered inapplicable, and many contemporary Islamic jurists regard the Western world as part of the former, since Muslims can freely practise and proselytize their faith in Western countries. The Qur’an directs Muslims to spread

3348-468: The Middle East . In classical Islamic jurisprudence, litigants in court may obtain notarized statements from between three and twelve witnesses. When the statements of all witnesses are consistent, the notaries will certify their unanimous testimony in a legal document, which may be used to support the litigant's claim. The notaries serve to free the judge from the time-consuming task of hearing

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3456-814: The common law fiqh of the United States , or of Egyptian legal scholar Abd El-Razzak El-Sanhuri as an expert in the civil law fiqh of Egypt. According to Sunni Islamic history, Sunni law followed a chronological path of: The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith ). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations ( Tabi'un and Tabi' al-Tabi'in or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to

3564-555: The "European commenda " (Islamic Qirad ) may have also originated from Islamic law. The methodology of legal precedent and reasoning by analogy ( Qiyas ) are also similar in both the Islamic and common law systems. These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole". Hadith Hadith ( Arabic : حديث , romanized :  ḥadīṯ ) or athar ( Arabic : أثر , ʾaṯar , lit.   ' remnant ' or ' effect ' )

3672-536: The 7th–9th centuries, bears a notable resemblance to the trusts in the English trust law . For example, every Waqf was required to have a waqif (settlor), mutawillis (trustee), qadi (judge) and beneficiaries. The trust law developed in England at the time of the Crusades , during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the Waqf institutions they came across in

3780-593: The Abbasid period sought to authenticate hadith. Scholars had to decide which hadith were to be trusted as authentic and which had been fabricated for political or theological purposes. To do this, they used a number of techniques which Muslims now call the science of hadith . The earliest surviving hadith manuscripts were copied on papyrus. A long scroll collects traditions transmitted by the scholar and qadi 'Abd Allāh ibn Lahīʻa (d. 790). A Ḥadīth Dāwūd ( History of David ), attributed to Wahb ibn Munabbih , survives in

3888-467: The Akhbari scholars consider all hadiths from the four Shia books as authentic . The two major aspects of a hadith are the text of the report (the matn ), which contains the actual narrative, and the chain of narrators (the isnad ), which documents the route by which the report has been transmitted. The isnad was an effort to document that a hadith actually came from Muhammad, and Muslim scholars from

3996-490: The Arabic language. Secondary sources of law were developed and refined over the subsequent centuries, consisting primarily of juristic preference ( istihsan ), laws of the previous prophets ( shara man qablana ), continuity ( istishab ), extended analogy ( maslaha mursala ), blocking the means ( sadd al-dhari'ah ), local customs ( urf ), and sayings of a companion of the Prophet ( qawl al-sahabi ). The Quran set

4104-527: The Islamic State and that assisted in the quick expansion of the Islamic State. The scholars in Madina were consulted on the more complex judicial issues. The Sharia and the official more centralized schools of fiqh developed later, during the time of the Abbasids. The sources of Sharia in order of importance are Primary sources Secondary sources Majority of Sunni Muslims view Qiyas as

4212-415: The Muslim jurist is known as usul al-fiqh ("principles of jurisprudence"). There are different approaches to the methodology used in jurisprudence to derive Islamic rulings from the primary sources of sharia (Islamic law). The main methodologies are those of the Sunni , Shi'a and Ibadi denominations. While both Sunni and Shi'ite (Shia) are divided into smaller sub-schools, the differences among

4320-562: The Prophet is the command of God.” In 851 the rationalist Mu`tazila school of thought fell out of favor in the Abbasid Caliphate . The Mu`tazila, for whom the "judge of truth ... was human reason," had clashed with traditionists who looked to the literal meaning of the Quran and hadith for truth. While the Quran had been officially compiled and approved, hadiths had not. One result was the number of hadiths began "multiplying in suspiciously direct correlation to their utility" to

4428-413: The Quran "Say: Allah speaks the truth; so follow the religion of Abraham, the upright one. And he was not one of the polytheists" (Qur'an 3:95). Most of the differences are regarding Sharia laws devised through Ijtihad where there is no such ruling in the Quran or the hadiths of Islamic prophet Muhammad regarding a similar case. As these jurists went to new areas, they were pragmatic and continued to use

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4536-456: The Quran and the Hadith, the example of Muhammad provided people with almost everything they needed. "This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion" (Qur'an 5:3). These scholars did not distinguish between each other. They were not Sunni or Shia. They felt that they were following the religion of Abraham as described in

4644-509: The Quran speaks of are "the abode of the Hereafter and the abode of the earthly life, with the former described as clearly superior to the latter". Early Islamic jurists devised these terms to denote legal rulings for ongoing Muslim conquests almost a century after Muhammad . The first use of the terms was in Iraq by Abu Hanifa and his disciples Abu Yusuf and Al-Shaybani . Among those in

4752-495: The Quran, proving that some hadith are a source of corruption and not a complement to the Quran. Joseph Schacht quotes a hadith of Muhammad that is used "to justify reference" in Islamic law to the companions of Muhammad as religious authorities—"My companions are like lodestars." According to Schacht, (and other scholars) in the very first generations after the death of Muhammad, use of hadith from Sahabah ("companions" of Muhammad) and Tabi'un ("successors" of

4860-592: The Quran. Among scholars of Sunni Islam the term hadith may include not only the words, advice, practices, etc. of Muhammad, but also those of his companions . In Shia Islam , hadith are the embodiment of the sunnah, the words and actions of Muhammad and his family, the Ahl al-Bayt ( The Twelve Imams and Muhammad's daughter, Fatimah ). Unlike the Quran, not all Muslims believe that all hadith accounts are divine revelation; in fact, scholars have thoroughly examined hadith to sort them into accuracy categories ever since

4968-403: The Shi'ite schools is considerably greater. Ibadites only follow a single school without divisions. While using court decisions as legal precedents and case law are central to Western law, the importance of the institution of fatawa (non-binding answers by Islamic legal scholars to legal questions) has been called "central to the development" of Islamic jurisprudence. This is in part because of

5076-524: The Sunni) schools of jurisprudence and the conflict between the unity of the Shariah and the diversity of the schools, was expressed by the 12th century Hanafi scholar Abu Hafs Umar al-Nasafi , who wrote: "Our school is correct with the possibility of error, and another school is in error with the possibility of being correct." A number of important legal institutions were developed by Muslim jurists during

5184-438: The centuries after Muhammad's death. Hadith are widely respected in mainstream Muslim thought and are central to Islamic law . Ḥadīth is the Arabic word for things like a report or an account (of an event). For many, the authority of hadith is a source for religious and moral guidance known as Sunnah , which ranks second only to that of the Quran (which Muslims hold to be the word of God revealed to Muhammad). While

5292-532: The classical jurist who taught them. The Sunni schools (and where they are commonly found) are The schools of Shia Islam comprise: Entirely separate from both the Sunni and Shia traditions, Khawarij Islam has evolved its own distinct school. These schools share many of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason ( qiyas ) in deciding difficulties. The relationship between (at least

5400-684: The classical period of Islam, known as the Islamic Golden Age . One such institution was the Hawala , an early informal value transfer system , which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the agency in common law and in civil laws such as the aval in French law and the avallo in Italian law. The Waqf in Islamic law , which developed during

5508-532: The colonizers. Under the classical doctrine, it was the duty of Muslim rulers to bring dar al-harb under Islamic sovereignty. A state of war was presumed between dar al-harb and dar al-Islam, but this did not necessarily imply that hostilities must occur. It was up to the ruler to decide when, where and against whom to wage war. So in practice there was often peace between dar al-Islam and dar al-harb; formal armistices could last up to 10 years, while informal peace could last much longer than 10 years. During periods of

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5616-470: The coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767–820), who codified the basic principles of Islamic jurisprudence in his book ar-Risālah . The book details the four roots of law ( Qur'an , sunnah , ijma , and qiyas ) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of

5724-407: The community ( Ijma ); a majority in the modern era also use analogy ( Qiyas ) and weigh the harms and benefits of new topics ( Istislah ), and a plurality utilizes juristic preference ( Istihsan ). The conclusions arrived at with the aid of these additional tools constitute a wide array of laws, and its application is called fiqh . Thus, in contrast to the sharia , fiqh

5832-459: The companions) "was the rule", while use of hadith of Muhammad himself by Muslims was "the exception". Schacht credits Al-Shafi'i —founder of the Shafi'i school of fiqh (or madh'hab )—with establishing the principle of the using the hadith of Muhammad for Islamic law, and emphasizing the inferiority of hadith of anyone else, saying hadiths: "... from other persons are of no account in

5940-453: The conquered lands north, east, and west, where it was systematized and elaborated. The history of Islamic jurisprudence is "customarily divided into eight periods": The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. During this period, jurists were more concerned with issues of authority and teaching than with theory and methodology. Progress in theory and methodology happened with

6048-431: The daughter of Abu Bakr the first caliph for advice. Asma' bint Abu Bakr replied to her son, she said: "You know better in your own self, that if you are upon the truth and you are calling towards the truth go forth, for people more honourable than you have been killed and if you are not upon the truth, then what an evil son you are and you have destroyed yourself and those who are with you. If you say, that if you are upon

6156-423: The disputes over leadership that followed the death of Muhammad, are considered unreliable by the Shia; narrations attributed to Ali and the family of Muhammad, and to their supporters, are preferred. Sunni scholars put trust in narrators such as Aisha , whom Shia reject. Differences in hadith collections have contributed to differences in worship practices and shari'a law and have hardened the dividing line between

6264-456: The divergence, ash-Shafi'i proposed giving priority to the Qur'an and the Hadith (the practice of Muhammad) and only then look at the consensus of the Muslim jurists ( ijma ) and analogical reasoning ( qiyas ). This then resulted in jurists like Muhammad al-Bukhari dedicating their lives to the collection of the correct hadith, in books like Sahih al-Bukhari (Sahih translates as authentic or correct). They also felt that Muhammad's judgement

6372-414: The early Umayyad period, there was more community involvement. The Quran and Muhammad's example was the main source of law after which the community decided. If it worked for the community, was just and did not conflict with the Quran and the example of Muhammad, it was accepted. This made it easier for the different communities, with Roman, Persian, Central Asia and North African backgrounds to integrate into

6480-548: The early period following the Prophet Muhammad's death. Different collections of hadīth would come to differentiate the different branches of the Islamic faith. A minority of Muslims believe that Islamic guidance should be based on the Quran only , thus rejecting the authority of hadith; some further claim that many hadiths are fabrications ( pseudepigrapha ) created in the 8th and 9th centuries AD, and which are falsely attributed to Muhammad. Historically, some sects of

6588-411: The eighth century to the present have never ceased to repeat the mantra "The isnad is part of the religion—if not for the isnad, whoever wanted could say whatever they wanted." The isnad literally means "support", and it is so named because hadith specialists rely on it to determine the authenticity or weakness of a hadith . The isnad consists of a chronological list of the narrators, each mentioning

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6696-547: The face of a tradition from the Prophet, whether they confirm or contradict it; if the other persons had been aware of the tradition from the Prophet, they would have followed it". This led to "the almost complete neglect" of traditions from the Companions and others. Collections of hadith sometimes mix those of Muhammad with the reports of others. Muwatta Imam Malik is usually described as "the earliest written collection of hadith" but sayings of Muhammad are "blended with

6804-424: The final authority of a hadith of Muhammad , so that even the Quran was "to be interpreted in the light of traditions (i.e. hadith), and not vice versa." While traditionally the Qur'an has traditionally been considered superior in authority to the sunna, Al-Shafi'i "forcefully argued" that the sunna was "on equal footing with the Quran", (according to scholar Daniel Brown) for (as Al-Shafi'i put it) “the command of

6912-399: The five salat (obligatory Islamic prayers) that are not found in the Quran, as well as everyday behavior such as table manners, dress, and posture. Hadith are also regarded by Muslims as important tools for understanding things mentioned in the Quran but not explained, a source for tafsir (commentaries written on the Quran). Some important elements, which are today taken to be

7020-564: The fundamental distinction between dar al-Islam and dar al-harb was introduced after the defeat of the Umayyad Caliphate at the Battle of Tours in 732 which prevented the expansion of Islam to the north, while at the same time the expansion of the caliphate to the east had been halted. Wahbah al-Zuhayli argues that the concept of dar al-harb is mostly historical: "The existence of Dār al-Islām and Dār al-Ḥarb in contemporary times

7128-643: The hands of aggrieved soldiers, in 656. No direct sources survive directly from this period so we are dependent on what later writers tell us about this period. According to British historian of Arab world Alfred Guillaume, it is "certain" that "several small collections" of hadith were "assembled in Umayyad times." In Islamic law, the use of hadith as it is understood today (hadith of Muhammad with documentation, isnads, etc.) came gradually. According to scholars such as Joseph Schacht , Ignaz Goldziher , and Daniel W. Brown, early schools of Islamic jurisprudence used

7236-401: The idea of Muslims at perpetual war with the non-Muslims in the modern world, with the contemporary international system has evolved so much from the period when the classical Muslim scholars wrote on the classification that new thinking and perspectives are required. Further, according to Hassan, in today’s context, any Muslim-ruled state, which is a member of the United Nations, is by default in

7344-411: The intended meaning of hadith in religious tradition is something attributed to Muhammad but that is not found in the Quran. Scholar Patricia Crone includes reports by others than Muhammad in her definition of hadith: "short reports (sometimes just a line or two) recording what an early figure, such as a companion of the prophet or Muhammad himself, said or did on a particular occasion, preceded by

7452-454: The laws are contextual and consider circumstance such as time, place and culture, the principles they are based upon are universal such as justice, equality and respect. Many Muslim scholars argue that even though technology may have advanced, the fundamentals of human life have not. There are several schools of fiqh thought ( Arabic : مذهب maḏhab ; pl. مذاهب maḏāhib ) The schools of Sunni Islam are each named by students of

7560-604: The life of Muhammad and the early history of Islam were passed down mostly orally for more than a hundred years after Muhammad's death in AD 632. Muslim historians say that Caliph Uthman ibn Affan (the third khalifa (caliph) of the Rashidun Caliphate , or third successor of Muhammad, who had formerly been Muhammad's secretary), is generally credited with urging Muslims to record the hadith just as Muhammad had suggested that some of his followers to write down his words and actions. Uthman's labours were cut short by his assassination, at

7668-435: The message of Islam worldwide declaring it to be a religion for all humankind. Early Islamic legal theory divided the world into two divisions: "abode of Islam" and "abode of war". The first, called dar al-Islam , sometimes Pax Islamica , consisted of Muslims and non-Muslims living under Islamic sovereignty. The second was dar al-harb , ruled by non-Muslims and specifically infidels. Another secondary division of Dar al-'Ahd

7776-427: The modern world, other argue that it could still be applied for some specific situations and territories and radical viewpoints do stick to the fundamental interpretation. According to Muhammad Haniff Hassan, it can be argued that most of the secular Muslim countries today are not Dar al-Islam and most of the non-Muslim countries (which are not at war with the Muslim world) are not Dar al-Harb. Such nuances weigh against

7884-504: The noun ḥadīth ( حديث   IPA: [ħæˈdiːθ] ) means "report", "account", or "narrative". Its Arabic plural is aḥādīth ( أحاديث [ʔæħæːˈdiːθ] ). Hadith also refers to the speech of a person. In Islamic terminology, according to Juan Campo, the term hadith refers to reports of statements or actions of Muhammad, or of his tacit approval or criticism of something said or done in his presence. Classical hadith specialist Ibn Hajar al-Asqalani says that

7992-466: The number of hadith grew enormously. While Malik ibn Anas had attributed just 1720 statements or deeds to the Muhammad, it was no longer unusual to find people who had collected a hundred times that number of hadith. Faced with a huge corpus of miscellaneous traditions supporting different views on a wide variety of controversial matters—some of them flatly contradicting each other—Islamic scholars of

8100-424: The number of verses pertaining to law in the Quran is relatively small, hadith are considered by many to give direction on everything from details of religious obligations (such as Ghusl or Wudu , ablutions for salat prayer), to the correct forms of salutations and the importance of benevolence to slaves. Thus for many, the "great bulk" of the rules of Sharia are derived from hadith, rather than

8208-425: The oath of allegiance to me but they themselves extended their hands towards me." But later as fate would have it ( Predestination in Islam ) when Yazid I , an Umayyad ruler took power, Husayn ibn Ali the grandson of Muhammad felt that it was a test from God for him and his duty to confront him. Then Abd Allah ibn al-Zubayr , Qasim ibn Muhammad ibn Abi Bakr's cousin confronted the Umayyad rulers after Husayn ibn Ali

8316-589: The obligatory daily prayers ( salat ). On other issues, for example, the Qur'an states one needs to engage in daily prayers ( salat ) and fast ( sawm ) during the month of Ramadan but further instructions and details on how to perform these duties can be found in the traditions of Muhammad, so Qur'an and Sunnah are in most cases the basis for ( Shariah ). Some topics are without precedent in Islam's early period. In those cases, Muslim jurists ( Fuqaha ) try to arrive at conclusions by other means. Sunni jurists use historical consensus of

8424-431: The one from whom they heard the hadith, until mentioning the originator of the matn along with the matn itself. The first people to hear hadith were the companions who preserved it and then conveyed it to those after them. Then the generation following them received it, thus conveying it to those after them and so on. So a companion would say, "I heard the Prophet say such and such." The Follower would then say, "I heard

8532-403: The originator of the concept, the requirements for a country to be part of dar al-Islam are: Dar al-'Ahd (Arabic: دار العهد "house of truce") or dar al- Sulh (Arabic: دار الصلح "house of conciliation/treaty") were terms used for territories that have a treaty of non-aggression or peace with Muslims. Such a division was recognized by Shafi'i jurists. But Hanafi jurists argued that if

8640-444: The people of the desert. According to the scholars Harald Motzki and Daniel W. Brown the earliest Islamic legal reasonings that have come down to us were "virtually hadith-free", but gradually, over the course of second century A.H. "the infiltration and incorporation of Prophetic hadiths into Islamic jurisprudence" took place. It was Abū ʿAbdullāh Muhammad ibn Idrīs al-Shāfiʿī (150-204 AH), known as al-Shafi'i , who emphasized

8748-449: The prescribed movements and words of the prayer (known as rak'a ) and how many times they are to be performed, are found in hadith. However, hadiths differ on these details and consequently salat is performed differently by different hadithist Islamic sects. Quranists, on the other hand, believe that if the Quran is silent on some matter, it is because God did not hold its detail to be of consequence; and that some hadith contradict

8856-497: The question and its wording." Each school ( madhhab ) reflects a unique urf or culture (a cultural practice that was influenced by traditions), that the classical jurists themselves lived in, when rulings were made. Some suggest that the discipline of isnad , which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists. This, in turn, made them far easier to imitate ( taqlid ) than to challenge in new contexts. The argument is,

8964-509: The quoter of the hadith ( Traditionists quoted hadith warning against listening to human opinion instead of Sharia; Hanafites quoted a hadith stating that "In my community there will rise a man called Abu Hanifa [the Hanafite founder] who will be its guiding light". In fact one agreed upon hadith warned that, "There will be forgers, liars who will bring you hadiths which neither you nor your forefathers have heard, Beware of them." In addition

9072-419: The religious rulings he gave. They knew that they might have fallen into error in some of their judgements and stated this clearly. They never introduced their rulings by saying, "Here, this judgement is the judgement of God and His prophet." There is also very little text actually written down by Jafar al-Sadiq himself. They all give priority to the Qur'an and the hadith (the practice of Muhammad). They felt that

9180-483: The report (the isnad ), and the main text of the report (the matn ). Individual hadith are classified by Muslim clerics and jurists into categories such as sahih ("authentic"), hasan ("good"), or da'if ("weak"). However, different groups and different scholars may classify a hadith differently. Historically, some hadiths deemed to be unreliable were still used by Sunni jurists for non-core areas of law. Western scholars are generally skeptical of

9288-435: The rights, responsibilities, and rules for people and societies to adhere to, such as dealing in interest . Muhammad then provided an example, which is recorded in the hadith books, showing people how he practically implemented these rules in a society. After the passing of Muhammad, there was a need for jurists, to decide on new legal matters where there is no such ruling in the Quran or the hadith, example of Muhammad regarding

9396-401: The roots of fiqh, alternatively transliterated as Usool al-fiqh ), the methods of legal interpretation and analysis; and Furūʿ al-fiqh (lit. the branches of fiqh), the elaboration of rulings on the basis of these principles. Furūʿ al-fiqh is the product of the application of Uṣūl al-fiqh and the total product of human efforts at understanding the divine will. A hukm ( pl. : aḥkām )

9504-456: The rules of God which concern the actions of persons who own themselves connected to obey the law respecting what is required ( wajib ), sinful ( haraam ), recommended ( mandūb ), disapproved ( makrūh ), or neutral ( mubah )". This definition is consistent amongst the jurists. In Modern Standard Arabic , fiqh has also come to mean Islamic jurisprudence. It is not thus possible to speak of Chief Justice John Roberts as an expert in

9612-561: The rulings of the Prophet's Companions , the rulings of the Caliphs , and practices that “had gained general acceptance among the jurists of that school”. On his deathbed, Caliph Umar instructed Muslims to seek guidance from the Quran, the early Muslims ( muhajirun ) who emigrated to Medina with Muhammad, the Medina residents who welcomed and supported the muhajirun (the ansar ) and

9720-471: The same ruling as was given in that area during pre-Islamic times, if the population felt comfortable with it, it was just and they used Ijtihad to deduce that it did not conflict with the Quran or the Hadith. As explained in the Muwatta by Malik ibn Anas. This made it easier for the different communities to integrate into the Islamic State and assisted in the quick expansion of the Islamic State. To reduce

9828-577: The sayings of the companions", (822 hadith from Muhammad and 898 from others, according to the count of one edition). In Introduction to Hadith by Abd al-Hadi al-Fadli, Kitab Ali is referred to as "the first hadith book of the Ahl al-Bayt (family of Muhammad) to be written on the authority of the Prophet". However, the acts, statements or approvals of Muhammad are called "Marfu hadith" , while those of companions are called "mawquf (موقوف) hadith" , and those of Tabi'un are called "maqtu' (مقطوع) hadith" . The hadith had

9936-410: The schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists. Traditional scholars hold that religion is there to regulate human behavior and nurture people's moral side and since human nature has not fundamentally changed since the beginning of Islam a call to modernize the religion is essentially one to relax all laws and institutions. Early shariah had

10044-668: The source. ... A practice which is contained within the Hadith may well be regarded as Sunna, but it is not necessary that a Sunna would have a supporting hadith sanctioning it. Some sources ( Khaled Abou El Fadl ) limit hadith to verbal reports, with the deeds of Muhammad and reports about his companions being part of the sunnah , but not hadith. Islamic literary classifications similar to hadith (but not sunnah ) are maghazi and sira . They differ from hadith in that they are organized "relatively chronologically" rather than by subject. Other "traditions" of Islam related to hadith include: The hadith literature in use today

10152-412: The state and these rights were also applied. Ali, Hassan and Husayn ibn Ali gave their allegiance to the first three caliphs because they abided by these conditions. Later Ali the fourth caliph wrote in a letter "I did not approach the people to get their oath of allegiance but they came to me with their desire to make me their Amir (ruler). I did not extend my hands towards them so that they might swear

10260-598: The state was obliged to free them, whether they were Muslim or non-Muslim. Likewise, in foreign affairs, the Muslim government represented both its Muslim and non-Muslim citizens. Relations between Muslims and non-Muslims were regulated by "constitutional charters" (special agreements issued by the authorities), and these agreements recognized the personal law of each non-Muslim community (the Jewish community, Christian community etc). Non-Muslims could access Islamic courts if they wished. According to Abu Hanifa , considered to be

10368-453: The testimony of each eyewitness himself, and their documents serve to legally authenticate each oral testimony. The Maliki school requires two notaries to collect a minimum of twelve eyewitness statements in certain legal cases, including those involving unregistered marriages and land disputes. John Makdisi has compared this group of twelve witness statements, known as a lafif , to English Common Law jury trials under Henry II , surmising

10476-622: The truth and you will be killed at the hands of others, then you will not truly be free." Abd Allah ibn al-Zubayr left and was later also killed and crucified by the Syrian Roman Army now under the control of the Umayyads and led by Hajjaj. Muhammad ibn Abi Bakr the son of Abu Bakr the first caliph and raised by Ali the fourth caliph was also killed by the Umayyads. Aisha then raised and taught her son Qasim ibn Muhammad ibn Abi Bakr who later taught his grandson Jafar al-Sadiq. During

10584-459: The two saying: Whereas the 'Hadith' is an oral communication that is allegedly derived from the Prophet or his teachings, the 'Sunna' (quite literally: mode of life, behaviour or example) signifies the prevailing customs of a particular community or people. ... A 'Sunna' is a practice which has been passed on by a community from generation to generation en masse, whereas the hadith are reports collected by later compilers often centuries removed from

10692-413: The value of hadith for understanding the true historical Muhammad, even those considered sahih by Muslim scholars, due to their first recording centuries after Muhammad's life, the unverifiability of the claimed chains of transmission, and the widespread creation of fraudulent hadiths. Western scholars instead see hadith as more valuable for recording later developments in Islamic theology. In Arabic,

10800-434: The verses of the Quran, hadith have been described as resembling layers surrounding the "core" of Islamic beliefs (the Quran). Well-known, widely accepted hadith make up the narrow inner layer, with a hadith becoming less reliable and accepted with each layer stretching outward. The reports of Muhammad's (and sometimes his companions') behavior collected by hadith compilers include details of ritual religious practice such as

10908-412: The words of God —or hadith sharif (noble hadith), which are Muhammad's own utterances. According to as-Sayyid ash-Sharif al-Jurjani, the hadith qudsi differ from the Quran in that the former are "expressed in Muhammad's words", whereas the latter are the " direct words of God ". A hadith qudsi need not be a sahih (sound hadith), but may be da'if or even mawdu' . An example of a hadith qudsi

11016-483: Was a term classically referring to those countries which do not have a treaty of non-aggression or peace with Muslims (those that do are called dar al-'Ahd or dar al-Sulh). The notions of divisions of the world, or dar al-harb , does not appear in the Quran or the Hadith . According to some scholars, the term "abode of war" was simply a description of the harsh reality of the premodern world. According to Majid Khadduri ,

11124-504: Was assigned for territories ruled by non-Muslims that have a treaty of non-aggression or peace with Muslims, effectively an intermediate status between the two major divisions. Dar al-Islam ( Arabic : دار الإسلام literally house/abode of Islam or dar at-Tawhid , house/abode of monotheism ) was a term used by Muslim scholars to refer to those countries under Muslim sovereignty, sometimes considered "the home of Islam" or Pax Islamica . Dar al-Islam meaning "house/abode of Islam"

11232-515: Was betrayed by the people of Kufa and killed by Syrian Roman Army now under the control of the Yazid I. Abd Allah ibn al-Zubayr then took on the Umayyads and expelled their forces from Hijaz and Iraq. But then his forces were depleted in Iraq, trying to stop the Khawarij. The Umayyads then moved in. After a lengthy campaign, in his last hour Abd Allah ibn al-Zubayr asked his mother Asma' bint Abu Bakr

11340-463: Was more impartial and better than their own. These original jurists and scholars also acted as a counterbalance to the rulers. When they saw injustice, all these scholars spoke out against it. As the state expanded outside Madina, the rights of the different communities, as they were constituted in the Constitution of Medina still applied. The Quran also gave additional rights to the citizens of

11448-405: Was taught by Malik ibn Anas. Ahmad ibn Hanbal was taught by Al-Shafi‘i. Muhammad al-Bukhari travelled everywhere collecting hadith and his father Ismail ibn Ibrahim was a student of Malik ibn Anas. In the books actually written by these original jurists and scholars, there are very few theological and judicial differences between them. Imam Ahmad rejected the writing down and codifying of

11556-556: Was the main teacher of Malik ibn Anas whose views many Sunni follow and also taught by Jafar al-Sadiq. Qasim ibn Muhammad ibn Abi Bakr , Hisham ibn Urwah and Muhammad al-Baqir taught Zayd ibn Ali , Jafar al-Sadiq, Abu Hanifa , and Malik ibn Anas. Imam Jafar al-Sadiq, Imam Abu Hanifa and Malik ibn Anas worked together in Al-Masjid an-Nabawi in Medina. Along with Qasim ibn Muhammad ibn Abi Bakr, Muhammad al-Baqir, Zayd ibn Ali and over 70 other leading jurists and scholars. Al-Shafi‘i

11664-485: Was to identify the land as either one of safety for the Muslims or of fear. So, if Muslims are generally safe in a land and not in fear, then it cannot be classified as dar al-harb. During European colonization , the status of colonized territories such as British India was debated, with some saying that it was dar al-harb . However, there was no suggestion that Muslims were therefore required to wage jihad against

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