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161-562: Within a year of formation, its branches spread to cover more schools in Lagos, Abeokuta, Ibadan, Ilesha, IjebuOde, and Ikorodu. Two years later, the Society’s presence covered virtually all government schools in the north. Its first conference was held in 1955, which was declared open by Oba Adeniji Adele II of Lagos, Brother Abdullateef Adegbite and Brother A.R.A Sahid were elected as the first National President and Secretary-General respectively of

322-465: A caliph, none had ever dared delineate the powers of the caliphate as an institution." During the Abbasid caliphate: When Caliph Al-Mutawakkil had been killed in 861, jurists had retroactively validated his murder with a fatwa . Eight years later, they had testified to the lawful abdication of a successor, after he had been dragged from a toilet, beaten unconscious, and thrown into a vault to die. By

483-719: A changing world has become an increasingly debated topic in Islam. Beyond sectarian differences , fundamentalists advocate 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

644-415: 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

805-549: A clear separation of powers in socio-political governance. While the United States and some other systems of government have three separate branches of government —executive, legislative, and judicial—Islamic monarchies had two: the sultan and the ulama . According to the French political scientist and professor Olivier Roy , this " de facto separation between political power" of sultans and emirs and religious power of

966-556: A combination of diplomacy and military conquests . The real intentions of Muhammad regarding the spread of Islam, its political undertone, and his missionary activity ( da’wah ) during his lifetime are a contentious matter of debate, which has been extensively discussed both among Muslim scholars and Non-Muslim scholars within the academic field of Islamic studies . Various authors, Islamic activists, and historians of Islam have proposed several understandings of Muhammad's intent and ambitions regarding his religio-political mission in

1127-463: A creature against his creator," again clearly limits the authority of the ruler, whatever form of ruler that may be. According to the exegetical interpretation of the medieval Sunnī Muslim scholar Ibn Taymiyyah , for this verse "there is no obedience in sin"; that people should ignore the order of the ruler if it would disobey the divine law and shouldn't use this as excuse for revolution because it will spill Muslims' blood. According to Ibn Taymiyyah,

1288-469: A decision (from them), put your trust in Allah" The majlis were also the means to elect a new caliph. Al-Mawardi wrote that members of the majlis should satisfy three conditions: they must be just, they must have enough knowledge to distinguish a good caliph from a bad one, and must have sufficient wisdom and judgment to select the best caliph. Al-Mawardi also stated that in case of emergencies when there

1449-456: A desire to produce a reformed humanity in the midst of a new world order? These questions are not without significance, for a number of the proponents of contemporary da’wah activity in the West trace their inspiration to the prophet himself, claiming that he initiated a worldwide missionary program in which they are the most recent participants. [...] Despite the claims of these and other writers, it

1610-457: 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

1771-454: A leader from amongst themselves, although there was no specified procedure for this shura , or consultative assembly. Candidates were usually from the same lineage as the deceased leader but they were not necessarily his sons. Capable men who would lead well were preferred over an ineffectual direct heir, as there was no basis in the majority Sunnī view that the head of state or governor should be chosen based on lineage alone. Deliberations in

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1932-402: 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

2093-463: 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

2254-598: 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

2415-416: 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

2576-399: 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 ,

2737-543: 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

2898-605: 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),

3059-476: A system for granting protection of individuals, a judicial system for resolving disputes, and also regulated the paying of blood money (the payment between families or tribes for the slaying of an individual in lieu of lex talionis ). After the death of Muhammad in 632 CE, his community needed to appoint a new leader, giving rise to the title of caliph ( Arabic : خَليفة , romanized :  khalīfa , lit.   'successor'). Thus,

3220-405: 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

3381-587: 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 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

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3542-560: 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 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

3703-509: 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

3864-473: Is a stub . You can help Misplaced Pages by expanding it . This article about an Islamic organization is a stub . You can help Misplaced Pages by expanding it . Sharia 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

4025-410: 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

4186-544: Is also commanded. Some commands did not extend past the life of Muhammad, such as ones to refer quarrels to Allah and Muhammad or not to shout at or raise your voice when talking to Muhammad. Limiting its political teaching is the fact that the Quran doesn't mention "any formal and continuing structure of authority", only orders to obey Muhammad, and that its themes were of limited use when the success of Islam meant governance of "a vast territory populate mainly peasants, and dominate by cities and states" alien to nomadic life in

4347-515: Is difficult to prove that Muhammad intended to found a world-encompassing faith superseding the religions of Christianity and Judaism . His original aim appears to have been the establishment of a succinctly Arab brand of monotheism , as indicated by his many references to the Qurʾān as an Arab book and by his accommodations to other monotheistic traditions. Most likely Muhammad was "intimately aware of Jewish belief and practices," and acquainted with

4508-401: 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

4669-514: 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

4830-519: Is no caliphate and no majlis , the people themselves should institute a council of majlis , select a list of candidates for the role of caliph, then the majlis should select from the list of candidates. Some modern political interpretations regarding the role of the Majlis ash-Shura include those expressed by the Egyptian Islamist author and ideologue Sayyid Qutb , prominent member of

4991-419: 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

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5152-433: 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

5313-583: Is overflowing with treatises on governing, advice to sovereigns, and didactic tales. They do not reflect on the nature of politics, but on the nature of the good ruler and of good government (advice, techniques, paradigms, anecdotes). Al-Mawardi , a Sunnī Muslim jurist of the Shāfiʿī school of Islamic jurisprudence , wrote that the caliph should be a member of the Quraysh tribe. Abu Bakr al-Baqillani , an Ashʿarī Sunnī Muslim scholar and Mālikī jurist, wrote that

5474-426: Is presented as a form of governance in addition to its other aspects (especially by 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

5635-523: 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

5796-507: 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

5957-461: 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

6118-566: 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

6279-468: The hijra (622 CE). It effectively established the first Islamic state. The Constitution established: the security of the community, religious freedoms, the role of Medina as a haram or sacred place (barring all violence and weapons), the security of women, stable tribal relations within Medina, a tax system for supporting the community in time of conflict, parameters for exogenous political alliances,

6440-523: The mazalim courts administered by the ruler's council and application of "corrective" discretionary punishments for petty offenses. However, under the Mamluk sultanate , non-qadi courts expanded their jurisdiction to commercial and family law, running in parallel with sharia courts and dispensing with some formalities prescribed by fiqh. Further developments of the doctrine attempted to resolve this tension between statecraft and jurisprudence. In later times

6601-493: The ulama , a group regarded as the guardians of Islamic law . Since the sharia law was established and regulated by the schools of Islamic jurisprudence , this prevented the caliph from dictating legal results. Sharia -compliant rulings were established as authoritative based on the ijma (consensus) of legal Muslim scholars, who theoretically acted as representatives of the entire Ummah (Muslim community). After law colleges ( madrasa ) became widespread beginning with

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6762-515: The Constitution of Medina . The laws Muhammad established during his rule, based on the Quran and his own doing, are considered by Muslims to be sharīʿa or Islamic law, which Islamic movements seek to re-establish in the present day. Muhammad gained a widespread following and an army, and his rule expanded first to the city of Mecca and then spread across the Arabian peninsula through

6923-822: The French conquest of Algeria (1830), the fall of the Mughal Empire in India (1857), the Russian incursions into the Caucasus (1828) and Central Asia (1830-1895), and ultimately in the 20th century with the defeat and dissolution of the Ottoman Empire (1908–1922), to which the Ottoman officer and Turkish revolutionary statesman Mustafa Kemal Atatürk had an instrumental role in ending and replacing it with

7084-520: 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

7245-798: The Hashemite family. A member of the Dhawu Awn clan ( Banu Hashim ) from the Qatadid emirs of Mecca, he was perceived to have rebellious inclinations and in 1893 was summoned to Istanbul , where he was kept on the Council of State. In 1908, in the aftermath of the Young Turk Revolution , he was appointed Emir of Mecca by the Ottoman sultan Abdul Hamid II . In 1916, with the promise of British support for Arab independence, he proclaimed

7406-458: 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

7567-679: The Himyarite Kingdom in Yemen after about 380 CE, while Christianity took root in the Persian Gulf . There was also a yearning for a more "spiritual form of religion", and "the choice of religion increasingly became an individual rather than a collective issue." While some Arabs were reluctant to convert to a foreign faith, those Abrahamic religions provided "the principal intellectual and spiritual reference points", and Jewish and Christian loanwords from Aramaic began to replace

7728-481: The Islamic Golden Age had a much lesser degree of democratic participation, but since "no one was superior to anyone else except on the basis of piety and virtue" in Islam, and following the example of Muhammad, later Islamic rulers often held public consultations with the people in their affairs. The legislative power of the caliph (or later, the sultan ) was always restricted by the scholarly class,

7889-426: 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

8050-578: 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

8211-564: The Muslim Brotherhood , and the Palestinian Muslim scholar and propagandist Taqiuddin al-Nabhani , founder of the pan-Islamist political party Hizb ut-Tahrir . In an analysis of the shura chapter of the Quran, Qutb argued that Islam requires only that the ruler consult with at least some of the ruled (usually the elite), within the general context of divine laws that the ruler must execute. Al-Nabhani argued that

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8372-543: 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

8533-645: The Punjab region under the reign of the Umayyad dynasty . An important Islamic concept concerning the structure of ruling is the shura or "consultation" with people regarding their affairs, which is the duty of rulers mentioned in two Quranic verses : 3:153 and 42:36 . One type of ruler not part of the Islamic ideal was the king , which was disparaged in the Quranic mentions of the Pharaoh , "the prototype of

8694-491: 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 . Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history ; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists -reflecting

8855-646: The Republic of Turkey , a modern , secular democracy ( see also : Abolition of the Caliphate , Abolition of the Ottoman sultanate , Kemalism , and Secularism in Turkey ). The first Muslim reaction to European colonization was of "peasant and religious", not urban origin. "Charismatic leaders", generally members of the ulama or leaders of religious orders, launched the call for jihad and formed tribal coalitions. Sharia , in defiance of local common law,

9016-533: The Salafi and Wahhabi movements. Other currents, such as networks of Indonesian ulema and Islamic scholars residing in Muslim-minority countries, have advanced liberal interpretations of Islamic law without focusing on traditions of a particular madhhab. Political aspects of Islam Political aspects of Islam are derived from the Quran , ḥadīth literature , and sunnah (accounts of

9177-905: The Treaty of Versailles , in protest at the Balfour Declaration and the establishment of British and French mandates in Syria , Iraq , and Palestine . He later refused to sign the Anglo-Hashemite Treaty and thus deprived himself of British support when his kingdom was attacked by Ibn Saud . After the Kingdom of Hejaz was invaded by the Al Saud - Wahhabi armies of the Ikhwan , on 23 December 1925 King Hussein bin Ali surrendered to

9338-438: The alms levy to his government, which consisted of a number of deputies, an army of believers, and a public treasury. In Islam, "the Qurʾān is conceived by Muslims to be the word of God spoken to Muḥammad and then passed on to humanity in exactly the same form as it was received". While the Quran doesn't dwell on politics, it does make mention of concepts such as "the oppressed" ( mustad'afeen ), "emigration" ( hijra ),

9499-413: The desert . The Constitution of Medina was drafted by Muhammad. It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , Christians , and Arab Pagans . This constitution formed the basis of the first Islamic state . The document was drawn up with the explicit concern of bringing to an end

9660-573: The political and religious succession to the guidance of the Muslim community ( Ummah ) after the death of the Islamic prophet Muhammad . From their essentially political position, the Kharijites developed extreme doctrines that set them apart from both mainstream Sunnī and Shīʿa Muslims. Shīʿas believe ʿAlī ibn Abī Ṭālib is the true successor to Muhammad, while Sunnīs consider Abu Bakr to hold that position. The Kharijites broke away from both

9821-438: The shura is important and part of "the ruling structure" of the Islamic caliphate, "but not one of its pillars", and may be neglected without the caliphate's rule becoming un-Islamic. However, these interpretations formulated by Qutb and al-Nabhani are not universally accepted in the Islamic political thought, and Islamic democrats consider the shura to be an integral part and important pillar of Islamic political system. In

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9982-466: The shura , loosely translated as "consultation", is a function of the Islamic caliphate. The Majlis-ash-Shura advise the caliph. The importance of this is premised by the following verses of the Quran: "...those who answer the call of their Lord and establish the prayer, and who conduct their affairs by Shura. [are loved by God]" "...consult them (the people) in their affairs. Then when you have taken

10143-403: The Ḥanīf . Like the Ḥanīf , Muhammad practiced Taḥannuth , spending time in seclusion at mount Hira and "turning away from paganism." When he was about 40 years old, he began receiving at mount Hira' what Muslims regard as divine revelations delivered through the angel Gabriel , which would later form the Quran . These inspirations urged him to proclaim a strict monotheistic faith , as

10304-423: The "Muslim community" ( Ummah ), and "fighting" or "struggling" in the way of God ( jihād ), that can have political implications. A number of Quranic verses (such as 4:98 ) talk about the mustad'afeen , which can be translated as "those deemed weak", "underdogs", or "the oppressed", how they are put upon by people such as the pharaoh , how God wishes them to be treated justly, and how they should emigrate from

10465-466: The 11th and 12th century CE, students of Islamic jurisprudence often had to obtain an ijaza-t al-tadris wa-l-ifta ("license to teach and issue legal opinions") in order to issue valid legal rulings. In many ways, classical Islamic law functioned like a constitutional law . Practically, for hundreds of years after the fall of the Rāshidūn Caliphate (7th century CE) and until the first half of

10626-549: The 20th century, Muslim-majority countries usually adopted a system of government based on the coexistence of the sultan and ulama which followed the rules of the sharia law. This system resembled to some extent some Western governments in possessing an unwritten constitution (like the United Kingdom ), and possessing separate, countervailing branches of government (like the United States ), which provided

10787-737: The Great Arab Revolt against the Ottoman Empire, accusing the Committee of Union and Progress of violating tenets of Islam and limiting the power of the sultan-caliph. Shortly after the outbreak of the revolt, Hussein declared himself "King of the Arab Countries". However, his pan-Arab aspirations were not accepted by the Allies , who recognized him only as King of the Hejaz. In the aftermath of World War I , Hussein refused to ratify

10948-405: The Islamic legal tradition, sought to transform Shariah from a body of doctrines and principles to be discovered by the human efforts of the scholars into a set of rules that could be looked up in a book. [...] Once the law existed in codified form, however, the law itself was able to replace the scholars as the source of authority. Codification took from the scholars their all-important claim to have

11109-633: The Jewish Yahweh and the Christian Jehovah ." In their view, Mecca was originally dedicated to this monotheistic faith that they considered to be the one true religion, established by the patriarch Abraham . According to the traditional account , the Islamic prophet Muhammad was born in Mecca around the year 570 CE. His family belonged to the Arab clan of Quraysh , which was

11270-543: The Levant , Egypt , and North Africa . Alongside the growth of the Umayyad Caliphate , the major political development within early Islam in this period was the sectarian split and political divide between Kharijite , Sunnī , and Shīʿa Muslims ; this had its roots in a dispute over the succession for the role of caliph. Sunnīs believed the caliph was elective and any Muslim from the Arab clan of Quraysh ,

11431-685: 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

11592-417: 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

11753-417: The Muslim world. Early Islam arose within the historical, social, political, economic, and religious context of Late Antiquity in the Middle East . The second half of the 6th century CE saw political disorder in the pre-Islamic Arabian peninsula , and communication routes were no longer secure. Religious divisions played an important role in the crisis. Judaism became the dominant religion of

11914-464: 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

12075-578: The Prophet and universally accepted as authentic are indicative. One says, "there is no obedience in sin"; in other words, if the ruler orders something contrary to the divine law, not only is there no duty of obedience, but there is a duty of disobedience. This is more than the right of revolution that appears in Western political thought. It is a duty of revolution, or at least of disobedience and opposition to authority. The other pronouncement, "do not obey

12236-408: 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

12397-590: The Saudis, bringing both the Kingdom of Hejaz and the Sharifate of Mecca to an end. The second Muslim reaction to European encroachment later in the century and early 20th century was not violent resistance but the adoption of some Western political, social, cultural and technological ways. Members of the urban elite, particularly in Egypt , Iran , and Turkey , advocated and practiced "Westernization". The failure of

12558-573: The Shīʿas and the Sunnīs during the First Fitna (the first Islamic Civil War); they were particularly noted for adopting a radical approach to takfīr (excommunication), whereby they declared both Sunnī and Shīʿa Muslims to be either infidels ( kuffār ) or false Muslims ( munāfiḳūn ), and therefore deemed them worthy of death for their perceived apostasy ( ridda ). The Islamic tradition traces

12719-489: 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

12880-629: The Yathrib area soon broke out. After a series of military confrontations and political manoeuvres, Muhammad was able to secure control of Mecca and allegiance of the Quraysh in 629 CE. In the time remaining until his death in 632 CE, tribal chiefs across the Arabian peninsula entered into various agreements with him, some under terms of alliance, others acknowledging his claims of prophethood and agreeing to follow Islamic practices, including paying

13041-511: 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

13202-527: The attempts at political westernization, according to some, was exemplified by the Tanzimat reorganization of the Ottoman rulers. Sharia was codified into law (which was called the Mecelle ) and an elected legislature was established to make law. These steps took away the ulama ' s role of "discovering" the law and the formerly powerful scholar class weakened and withered into religious functionaries, while

13363-469: 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

13524-445: 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

13685-583: The bitter intertribal fighting between the clans of the Aws ( Aus and Khazraj ) within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, Christian, and Pagan communities of Medina, bringing them within the fold of one community: the Ummah . The precise dating of the Constitution of Medina remains debated but generally scholars agree it was written shortly after

13846-677: 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

14007-404: The caliph was "created and institutionalized ... as early as the end of the first century of the hegira ." The sovereign's religious function was to defend the Muslim community against its enemies, institute the sharia, ensure the public good ( maslaha ). The state was instrument to enable Muslims to live as good Muslims and Muslims were to obey the sultan if he did so. The legitimacy of the ruler

14168-500: The chief tribe of Mecca and a dominant force in western Arabia. To counter the effects of anarchy, they upheld the institution of "sacred months" when all violence was forbidden and travel was safe. The polytheistic Kaaba shrine in Mecca and the surrounding area was a popular pilgrimage destination, which had significant economic consequences for the city. The origins of Islam as a religious and political movement are to be found in

14329-444: 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

14490-472: The context of the pre-Islamic Arabian society and the founding of his own religion: Was it in Muhammad's mind to produce a world religion or did his interests lie mainly within the confines of his homeland? Was he solely an Arab nationalist —a political genius intent upon uniting the proliferation of tribal clans under the banner of a new religion—or was his vision a truly international one, encompassing

14651-446: The death of his influential uncle ʾAbū Ṭālib ibn ʿAbd al-Muṭṭalib , Muhammad migrated to the city of Yathrib (subsequently called Medina) where he was joined by his followers. Later generations would count this event, known as the hijra , as the start of the Islamic era. In Yathrib, where he was accepted as an arbitrator among the different communities of the city under the terms of the Constitution of Medina , Muhammad began to lay

14812-632: The defeat of Arab armies in the Six-Day War , the collapse of the Soviet Union , the end of the Cold War and the fall of communism as a viable alternative have increased the appeal of Islamic movements such as Islamism , Islamic fundamentalism , and Islamic democracy , especially in the context of the global sectarian divide and conflict between Sunnīs and Shīʿītes , along with the popular dissatisfaction with secularist ruling regimes in

14973-407: The difficulties raised by the strict procedural requirements of Islamic law. The law rejected circumstantial evidence and insisted on witness testimony, making criminal convictions difficult to obtain in courts presided over by qadis (sharia judges). In response, Islamic jurists permitted greater procedural latitude in limited circumstances, such as adjudicating grievances against state officials in

15134-572: 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

15295-405: The doctrine has been employed to justify legal changes made by the state in consideration of public interest , as long as they were deemed not to be contrary to sharia. It was, for example, invoked by the Ottoman rulers who promulgated a body of administrative, criminal, and economic laws known as qanun . In Shīʿa Islam , three attitudes towards rulers predominated — political cooperation with

15456-449: The duty of rulers to seek consultation ( shūrā ) from their subjects; and the importance of rebuking unjust rulers. A significant change in the Muslim world was the defeat and dissolution of the Ottoman Empire (1908–1922). In the modern era (19th–20th centuries), common Islamic political themes have been resistance to Western imperialism and enforcement of sharīʿa law through democratic or militant struggle. Events such as

15617-417: The early 19th century: How the scholars lost their exalted status as keepers of the law is a complex story, but it can be summed up in the adage that partial reforms are sometimes worse than none at all. In the early 19th century, the Ottoman empire responded to military setbacks with an internal reform movement. The most important reform was the attempt to codify Shariah. This Westernizing process, foreign to

15778-431: The early Islamic caliphates, the caliph was the head of state , and had a position based on the notion of a successor to Muhammad's political authority, who, according to Sunnī Muslims , were ideally elected by the people or their representatives, as was the case for the election of Abū Bakr (632–634), ʿUthmān ibn ʿAffān (644–656), and ʿAlī ibn Abī Ṭālib (656–661). After the rāshidūn caliphs, later caliphates during

15939-546: 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

16100-412: 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,

16261-556: The exceptions of Iran and Oman ; thus, most modern Islamic political ideologies and movements are founded in Sunnī thought. Muhammad's closest companions ( ṣaḥāba ), the four " rightly-guided " caliphs who succeeded him, continued to expand the Islamic empire to encompass Jerusalem , Ctesiphon , and Damascus , and sending Arab Muslim armies as far as the Sindh region . The early Islamic empire stretched from al-Andalus (Muslim Iberia) to

16422-522: The expression "those who have been given authority" ( uulaa al-amr ) refers to the rulers (caliphs and kings), but for Shīʿas it refers to the Imams. According to the British historian and Orientalist scholar Bernard Lewis , this Quranic verse has been elaborated in a number of sayings attributed to Muhammad. But there are also sayings that put strict limits on the duty of obedience. Two dicta attributed to

16583-438: The extreme Kharijites tended to fragment into small groups. One of the few points that the various Kharijite splinter groups held in common was their view of the caliphate, which differed from other Muslim theories on two points. By the time that Ibn al-Muqaffa' wrote his political treatise early in the 'Abbasid period, the Kharijites were no longer a significant political threat, at least in the Islamic heartlands . The memory of

16744-460: 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

16905-582: 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

17066-403: The final expression of Biblical prophetism earlier codified in the sacred texts of Judaism and Christianity; to warn his compatriots of the impending Judgement Day ; and to castigate social injustices of his city. Muhammad's message won over a handful of followers (the ṣaḥāba ) and was met with increasing opposition from Meccan notables . In 622 CE, a few years after losing protection with

17227-489: The final say over the content of the law and transferred that power to the state. According to scholar Moojan Momen, "One of the key statements in the Qur'an around which much of the exegesis" on the issue of what Islamic doctrine says about who is in charge is based on the verse "O believers! Obey God and obey the Apostle and those who have been given authority [ uulaa al-amr ] among you" ( Quran   4:59 ). For Sunnīs,

17388-448: 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

17549-439: 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

17710-424: 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,

17871-463: The foundations of the new Islamic society, with the help of new Quranic verses which provided guidance on matters of law and religious observance. The surahs of this period emphasized his place among the long line of Biblical prophets , but also differentiated the message of the Quran from the sacred texts of Christianity and Judaism. Armed conflict with the Arab Meccans and Jewish tribes of

18032-399: 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

18193-436: The land where they are oppressed ( 4:99 ). Abraham was an "emigrant unto my Lord" ( 29:25 ). War against " unbelievers " ( kuffār ) is commanded and divine aid promised, although some verses state this may be when unbelievers start the war and treaties may end the war. The Quran also devotes some verses to the proper division of spoils captured in war among the victors. War against internal enemies or " hypocrites " ( munāfiḳūn )

18354-498: The late medieval period, Sunni fiqh elaborated the doctrine of siyasa shar'iyya , which literally means governance according to sharia , and is sometimes called the political dimension of Islamic law. Its goal was to harmonize Islamic law with the practical demands of statecraft. The doctrine emphasized the religious purpose of political authority and advocated non-formalist application of Islamic law if required by expedience and utilitarian considerations. It first emerged in response to

18515-556: 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

18676-460: The leader of the Muslims simply should be elected from the majority. Abu Hanifa an-Nu‘man , the founder of the Sunnī Ḥanafī school , also wrote that the leader must come from the majority. Western scholar of Islam, Fred Donner , argues that the standard Arabian practice during the early caliphates was for the prominent men of a kinship group, or tribe, to gather after a leader's death and elect

18837-665: 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

18998-572: 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

19159-448: The life and times of the Islamic prophet Muhammad and his successors. In 622 CE, in recognition of his claims to prophethood, Muhammad was invited to rule the city of Medina . At the time the local Arab tribes of Aus and Khazraj dominated the town, and were in constant conflict. Medinans considered Muhammad as an impartial outsider who could resolve the conflict. Muhammad and his followers thus moved to Medina, where Muhammad drafted

19320-527: 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

19481-459: 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

19642-417: The menace they had posed to Muslim unity and of the moral challenge generated by their pious idealism still weighed heavily on Muslim political and religious thought, however. Even if the Kharijites could no longer threaten, their ghosts still had to be answered. The Ibadis are the only Kharijite group to survive into modern times. In the 19th century, European colonization of the Muslim world coincided with

19803-418: The middle of the tenth century, judges were solemnly confirming that the onset of blindness had disqualified a caliph, without mentioning that they had just been assembled to witness the gouging of his eyes. According to Noah Feldman , law professor at Harvard University , the Muslim legal scholars and jurists lost their control over Islamic law due to the codification of sharia by the Ottoman Empire in

19964-589: The oasis town of al-Ta'if. The Azariqa, considered to be the extreme faction of the Kharijites, controlled parts of western Iran under the Umayyads until they were finally put down in 699 CE. The more moderate Ibadi Kharijites were longer-lived, continuing to wield political power in North and East Africa and in eastern Arabia during the Abbasid period . Because of their readiness to declare any opponent as apostate,

20125-409: The old pagan vocabulary of Arabic throughout the peninsula. The Ḥanīf ("renunciates"), a group of monotheists that sought to separate themselves both from the foreign Abrahamic religions and the traditional Arab polytheism , were looking for a new religious worldview to replace the pre-Islamic Arabian religions, focusing on "the all-encompassing father god Allah whom they freely equated with

20286-713: The origin of the Kharijities to the battle between ʿAlī and Mu'awiya at Siffin in 657 CE. When ʿAlī was faced with a military stalemate and agreed to submit the dispute to arbitration, some of his party withdrew their support from him. "Judgement belongs to God alone" (لاَ حُكْكْ إلَا لِلّهِ) became the slogan of these secessionists. They also called themselves al-Shurat ("the Vendors"), to reflect their willingness to sell their lives in martyrdom . These original Kharijites opposed both ʿAlī and Mu'awiya, and appointed their own leaders. They were decisively defeated by ʿAlī, who

20447-540: 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

20608-400: The politics of the early caliphates, most notably the Rāshidūn Caliphate , were not "democratic" in the modern sense of the term; rather, decision-making power laid with a council ( shura ) of notable and trusted companions of Muhammad ( ṣaḥāba ) and representatives of different Arab tribes (most of them selected or elected within their tribes). Traditional Sunnī Muslim jurists agree that

20769-490: 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

20930-561: 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

21091-438: 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

21252-468: The ruler, political activism challenging the ruler, and aloofness from politics — with "writings of Shi'i ulama through the ages" showing "elements of all three of these attitudes." Islamic extremism dates back to the early history of Islam with the emergence of the Kharijites in the 7th century CE. The original schism between Kharijites , Sunnīs , and Shīʿas among Muslims was disputed over

21413-481: 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

21574-632: 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

21735-494: The saying "sixty years with an unjust imam is better than one night without a sultan" was confirmed by experience. He believed that the Quranic injunction to " enjoin good and forbid evil " ( al-amr bi-l-maʿrūf wa-n-nahy ʿani-l-munkar , found in Quran   3:104 , Quran   3:110 , and other verses) was the duty of every state functionary with charge over other Muslims, from the caliph to "the schoolmaster in charge of assessing children's handwriting exercises." Starting from

21896-514: The sayings and living habits attributed to the Islamic prophet Muhammad during his lifetime), the history of Islam , and elements of political movements outside Islam. Traditional political concepts in Islam include leadership by elected or selected successors to Muhammad, known as Caliphs in Sunnī Islam and Imams in Shīʿa Islam ; the importance of following the Islamic law ( sharīʿa );

22057-422: 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.

22218-422: The society. Adegbite, its first national president, became known for his defense of Sharia law . Mallam Shehu Uthman Abubakar is the current and the 37th Ameer of the Muslim students' society of Nigeria. The Muslim students' society of Nigeria has two zones for easy coordination of its activities and programmes: the A zone and B zone. The A zone comprises all the northern states, while the B zone comprises all

22379-749: 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

22540-674: The states from the south, southwest and southeast part of Nigeria. Barr Qaasim Odedeji is the current amir of the B zone. Following the Chibok schoolgirl kidnapping , the president of the Muslim Students Society of Nigeria, Malam Abdulazeez Folayemi, called on Muslims to fast and pray "in order to seek Allah's intervention in this precarious time." The historical presidents of Muslim Students Society of Nigeria are as follows. This article about an organization in Nigeria

22701-441: The subsequent Islamic empires were known as " caliphates ", and a series of four caliphs governed the early Islamic empire: Abū Bakr (632–634), ʿUmar ibn al-Khaṭṭāb (Umar І, 634–644), ʿUthmān ibn ʿAffān (644–656), and ʿAlī ibn Abī Ṭālib (656–661). These leaders are known as the rāshidūn ("rightly-guided") caliphs in Sunnī Islam . They oversaw the initial phase of the early Muslim conquests , advancing through Persia ,

22862-575: The taking of Kharoum in 1885." Hussein bin Ali , the Sharif and Emir of Mecca from 1908, enthroned himself as King of the Hejaz after proclaiming the Great Arab Revolt against the Ottoman Empire , and continued to hold both of the offices of Sharif and King from 1916 to 1924. At the end of his reign he also briefly laid claim to the office of Sharifian Caliph ; he was a 37th-generation direct descendant of Muhammad , as he belongs to

23023-513: 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 : the Qur'an , sunnah (or authentic ahadith ), ijma (lit. consensus) (may be understood as ijma al-ummah ( Arabic : إجماع الأمة ) –

23184-431: 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

23345-462: 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

23506-540: 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)

23667-419: The tribe of Muhammad, might serve as one. Shīʿītes, on the other hand, believed the title of caliph should be hereditary in the bloodline of Muhammad , and thus all the caliphs, with the exceptions of Muhammad's cousin and son-in-law ʿAlī ibn Abī Ṭālib and his firstborn son Ḥasan , were actually illegitimate usurpers . However, the Sunnī sect emerged as triumphant in most regions of the Muslim world , with

23828-499: The unjust and tyrannical ruler" ( 18:70 , 18:79 ) and elsewhere ( 28:34 ). The phrase Ahl al-Ḥall wa’l-‘Aḳd ( Arabic : أهل الحلّ والعقد , lit.   'those who are qualified to unbind and to bind' or sometimes 'the people of the solution and the contract') was used in order to denote those qualified to appoint or depose a caliph or another ruler on behalf of the Ummah. Olivier Roy writes that Classical Islamic thought

23989-473: 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

24150-647: 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

24311-432: 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

24472-544: 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

24633-769: 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

24794-830: 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

24955-452: Was "symbolized by the right to coin money and to have the Friday prayer ( Jumu'ah khutba ) said in his name." British lawyer and journalist Sadakat Kadri argues that a large "degree of deference" was shown to the caliphate by the ulama and this was at least at times "counterproductive". "Although jurists had identified conditions from mental incapacity to blindness that could disqualify

25116-399: 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

25277-437: 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

25438-951: Was imposed to unify tribes. Examples include Abd al-Qadir in Algeria , Muhammad Ahmad in Sudan , Shamil in the Caucasus , the Senussi in Libya and Chad , Mullah-i Lang in Afghanistan , the Akhund of Swat in India, and later, Abd al-Karim in Morocco . All these movements eventually failed "despite spectacular victories such as the massacre of the British army in Afghanistan in 1842 and

25599-576: Was in turn assassinated by a Kharijite. Kharijites engaged in guerilla warfare against the Umayyads , but only became a movement to be reckoned with during the Second Fitna (the second Islamic Civil War) when they at one point controlled more territory than any of their rivals. The Kharijites were, in fact, one of the major threats to Ibn al-Zubayr's bid for the caliphate; during this time they controlled Yamama and most of southern Arabia, and captured

25760-568: 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

25921-503: 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,

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