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155-637: The noun شورى ( shura ), alone, means "consultation" and refers to (among other things) a topic in Islamic law or sharia ; see Shura . Combined with the term Majlis , مجلس , which refers to a council or legislature, it is meant to indicate a body of individuals who advise, consult or determine. Majlis al Shura is a commonly used term for elected or co-opted assemblies with advisory or legislative powers in Arabic-speaking or Islamic-majority countries. In countries with bicameral national legislatures,

310-669: A secret police force; prohibiting freedom of assembly , freedom of speech , and freedom of the press ; controlling the monetary system and economy; and imprisoning or killing activists or other leaders who might pose a threat to their power. Oppression also refers to the subjugation and marginalization of specific groups of people within a country or society, such as women , people of color , religious communities , citizens in poverty , LGBT people , youth and children , and more. This socioeconomic , cultural, political, legal, and social oppression can occur in every country, culture, and society, including advanced democracies . There

465-512: A Black and lesbian woman. In "There is no Hierarchy of Oppressions," she suggests that all oppressed groups share the same issue. She writes that "any attack against black people is a lesbian and gay issue", promoting the idea that due to intersectionality within a given group, all of its members and their respective groups are under threat, viewing the concept of oppression as originating from a root source which seeks to alienate all groups not in power. One aspect of social oppression's effectiveness

620-417: A barrier for any one woman, the interweaving of many of said actions through each day and each year eventually builds a net which very well might hold a woman in place, and keep her in the role she is ordered to maintain. One simple example the custom of men holding the door for woman, which is well-intentioned, but also implies that women are unable to do this a simple thing themselves. Religious persecution

775-415: 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

930-480: A difficulty in both industrialized and developing nations". In the United States, the median weekly earnings for women were 82 percent of the median weekly earnings for men in 2016. Some argue women are prevented from achieving complete gender equality in the workplace because of the "ideal-worker norm," which "defines the committed worker as someone who works full-time and full force for forty years straight,"

1085-457: 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

1240-402: 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

1395-409: A meaningful measure of economic independence or to help her support herself or her family, which she identifies as the very purpose of her working. By deciding to work abroad, laborers are "reinforcing the forces of economic oppression that presented them with such poor options". A different approach on oppression, called the intersectional approach was introduced by Kimberlé Crenshaw to refer to

1550-463: 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

1705-598: A model ( sunnah ) and transmitted this information to the succeeding generations in the form of hadith . These reports led first to informal discussion and then systematic legal thought, articulated with greatest success in the eighth and ninth centuries by the master jurists Abu Hanifa , Malik ibn Anas , al-Shafi'i , and Ahmad ibn Hanbal , who are viewed as the founders of the Hanafi , Maliki , Shafiʿi , and Hanbali legal schools ( madhāhib ) of Sunni jurisprudence. Modern historians have presented alternative theories of

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1860-574: A number of cases where Caliphs had to appear before judges as they prepared to take their verdict. According to Noah Feldman , a law professor at Harvard University , the legal scholars and jurists who once upheld the rule of law were replaced by a law governed by the state due to the codification of Sharia by the Ottoman Empire in the early 19th century: Sharia Sharia, Sharī'ah , Shari'a , Shariah or Syariah ( Arabic : شريعة , lit.   'path (to water)')

2015-797: A particular religion are classified as hate crimes . Since September 11th, 2001 , the number of hate crimes which have been committed against Muslims in the United States has greatly increased. One such incident occurred on August 5, 2017, when three men bombed a mosque in Minnesota because they felt that Muslims "'push their beliefs on everyone else'". Acts of religious violence are also committed against practitioners of other religions in addition to Islam. Institutional oppression occurs when established laws, customs, and practices systemically reflect and produce inequities based on one's membership in targeted social identity groups. If oppressive consequences accrue to institutional laws, customs, or practices,

2170-416: 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

2325-565: A population thought to be undesirable, undeserving, and under punished by established law". In both situations, police officers "rely on legal authority to exonerate their extralegal use of force; both respond to perceived threats and fears aroused by out-groups, especially— but not exclusively— racial minorities". For example, "blacks are: approximately four times more likely to be targeted for police use of force than their white counterparts; arrested and convicted for drug-related criminal activities at higher rates than their overall representation in

2480-503: A process known as ijtihad (lit. mental effort). Traditional jurisprudence distinguishes two principal branches of law, rituals and social dealings ; subsections family law , relationships (commercial, political / administrative ) and criminal law , in a wide range of topics. Its rulings are concerned with ethical standards as much as legal norms, assigning actions to one of five categories : mandatory , recommended , neutral , abhorred , and prohibited . Over time with

2635-534: A racially privileged position. According to Saraswati, by not fighting the presuppositions of racism, these actors in the women's movement failed to address their oppression at its root, simultaneously fighting for the issues of white women and accepting the societal structures which held Black women down. Even when Black feminists bring up issues of both gender and class, they often fail to account for heterosexual privilege amidst Black women, still supporting homophobic assumptions about sexuality and leaving many members of

2790-581: A reality in the United States and "racial groups and racial oppression are central features of the American social dynamic". Class oppression, sometimes referred to as classism, can be defined as prejudice and discrimination based on social class. Class is a social ranking system which is based on income, wealth, education, status, and power. A class is a large group of people who share similar economic or social positions based on their income, wealth, property ownership, job status, education, skills, or power in

2945-480: A result of existing within a world of white supremacy , which their platform inherently supported, they were often considered the primary feminist movement. Revolutionary feminists, on the other hand, included Black and LGBTQ issues in their platform, wanting not to work within the current system simply to improve the rights of already privileged women, but to rework the system to be more supportive of all women from other marginalized groups. The American feminist movement

3100-410: A route to class mobility, refused to acknowledge the now niche revolutionary feminist movement, as they had found a way to live in an economically powerful way in the current social system. Addressing social oppression on both a macro and micro level, feminist Patricia Hill Collins discusses what she calls the " matrix of domination ". The matrix maps the interrelated nature of four domains of power:

3255-399: 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 ,

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3410-543: 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

3565-402: A situation designed for the male sex. Women, in contrast, are still expected to fulfill the caretaker role and take time off for domestic needs such as pregnancy and ill family members, preventing them from conforming to the "ideal-worker norm". With the current norm in place, women are forced to juggle full-time jobs and family care at home. Others believe that this difference in wage earnings

3720-657: A source of law in place of qiyas and extension of the notion of sunnah to include traditions of the imams . Islamic scholar Rashid Rida (1865–1935 CE) lists the four basic sources of Islamic law, agreed upon by all Sunni Muslims : "the [well-known] sources of legislation in Islam are four: the Qur'an , the Sunnah , the consensus of the ummah and ijtihad undertaken by competent jurists" While traditional understanding strongly denies that Quran may have changed ( Al Hejr :9),

3875-405: 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

4030-428: Is employment discrimination in the form of the gender pay gap . Restrictions on women's access to and participation in the workforce like the wage gap is an "inequality most identified with industrialized nations with nominal equal opportunity laws; legal and cultural restrictions on access to education and jobs, inequities most identified with developing nations; and unequal access to capital, variable but identified as

4185-403: Is "an individual's or a group's social 'place' in the race, class, gender and sexuality hierarchies, as well as in other critical social hierarchies such as age, ethnicity, and nation". An individual's social location often determines how they will be perceived and treated by others in society. Three elements shape whether a group or individual can exercise power: the power to design or manipulate

4340-509: 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

4495-509: Is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam , particularly the Qur'an and hadith . In Islamic terminology sharīʿah refers to immutable, intangible divine law ; contrary to fiqh , which refers to its interpretations by Islamic scholars . Sharia, or fiqh as traditionally known, has always been used alongside customary law from

4650-410: 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

4805-431: Is abnormal, and men will complain that she is "frigid" and "uptight", while in the latter situation she may be condemned for being a whore. This scenario reveals how oppression may not necessarily be caused by individual oppressors, following Young's conclusions. Social oppression derives from power dynamics and imbalances related to the social location of a group or individual. Social location , as defined by Lynn Weber,

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4960-478: Is due to sexist language and the lack of terms that relate to experiences specific to women. For example, the term "sexual harassment" was only coined in 1975. Young argues that women in particular suffer from gender-based exploitation, powerlessness, cultural imperialism, and violence. To illustrate, gender exploitation relates to how the common labor division between men and women can be exploitative. She argues that "gender exploitation has two aspects, transfer of

5115-452: Is everyone intersectional in some way. Guiding questions in this regard concern in what way an intersectional approach might bring to the surface certain previously obscured experiences of oppression. Jennifer Nash also argues that so far, intersectional approaches have focused either on intersections between forms or grounds for oppression or privilege, whereas the two can also work together. The value of an intersectional approach on oppression

5270-401: 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

5425-440: Is involved in civilized oppression includes analyzing the kinds of mechanisms used, the power relations at work, the systems controlling perceptions and information, the kinds of harms inflicted on the victims, and the reasons why this oppression is so hard to see even by contributing agents. Research and theory development on social oppression has advanced apace since the 1980s with the publication of seminal books and articles, and

5580-637: Is justified. Economic oppression can take many forms, including, but not limited to, serfdom , forced labour , low wages, denial of equal opportunity , bonded labor , employment discrimination, and economic discrimination based on sex, nationality, race, or religion. Ann Cudd describes the main forces of economic oppression as oppressive economic systems and direct and indirect forces. Even though capitalism and socialism are not inherently oppressive, they "lend themselves to oppression in characteristic ways". She defines direct forces of economic oppression as "restrictions on opportunities that are applied from

5735-459: 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

5890-670: Is likely due to the supply and demand for women in the market because of family obligations. Eber and Weichselbaumer argue that "over time, raw wage differentials worldwide have fallen substantially. Most of this decrease is due to better labor market endowments of females". Indirect economic oppression is exemplified when individuals work abroad to support their families. Outsourced employees, working abroad generally little to no bargaining power not only with their employers, but with immigration authorities as well. They could be forced to accept low wages and work in poor living conditions. And by working abroad, an outsourced employee contributes to

6045-408: Is no single, widely accepted definition of social oppression. Philosopher Elanor Taylor defines social oppression in this way: Oppression is a form of injustice that occurs when one social group is subordinated while another is privileged, and oppression is maintained by a variety of different mechanisms including social norms, stereotypes and institutional rules. A key feature of oppression is that it

6200-496: Is not only experienced by people of racial minorities, but can also affect those in the LGBT community. In April 1953, US President Dwight D. Eisenhower issued Executive Order 10450 , which permitted non-binary sexual behaviors to be investigated by federal agencies. In addition, states such as Arizona and Kansas passed laws in 2014 giving religious-based businesses "the right to refuse service to LGBT customers". In 2018 and 2023,

6355-570: Is often not visible to those who are not in the midst of it. " Privilege " refers to a sociopolitical immunity one group has over others derived from particular societal benefits. Many of the groups who have privilege over gender, race, or sexuality, for example, can be unaware of the power their privilege holds. These inequalities further perpetuate themselves because those who are oppressed rarely have access to resources that would allow them to escape their maltreatment. This can lead to internalized oppression , where subordinate groups essentially give up

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6510-419: 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

6665-457: Is only exercised after factoring in the potential cost of life. The following hadith establishes the principle of rule of law in relation to nepotism and accountability Narrated ' Aisha : The people of Quraish worried about the lady from Bani Makhzum who had committed theft. They asked, "Who will intercede for her with Allah's Apostle?" Some said, "No one dare to do so except Usama bin Zaid

6820-433: 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

6975-412: Is perpetrated by and affects social groups. ... [Oppression] occurs when a particular social group is unjustly subordinated, and where that subordination is not necessarily deliberate but instead results from a complex network of social restrictions, ranging from laws and institutions to implicit biases and stereotypes. In such cases, there may be no deliberate attempt to subordinate the relevant group, but

7130-523: 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

7285-531: Is the inhibition of a group through a vast network of everyday practices, attitudes, assumptions, behaviors, and institutional rules. Oppression is structural or systemic. The systemic character of oppression implies that an oppressed group need not have a correlate oppressing group. Structural or systemic refers to "the rules that constitute and regulate the major sectors of life such as family relations, property ownership and exchange, political powers and responsibilities, and so on". Young's conception of oppression

7440-409: Is the stigmatization of "resistance": Resistance to oppression has been linked to a moral obligation, an act deemed necessary for the preservation of self and society. Resistance is sometimes labeled as "lawlessness, belligerence, envy, or laziness". Lynn Weber, among some other political theorists, argues that oppression persists because most individuals fail to recognize it; that is, discrimination

7595-624: Is the systematic mistreatment of individuals because of their religious beliefs. According to Iris Young oppression can be divided into different categories such as powerlessness, exploitation, and violence. An example of religious powerlessness existed during the 17th century when the Pilgrims , who wanted to escape the rule of the Church of England came to what is now called the United States . The Pilgrims created their own religion, which

7750-579: Is therefore in contrast with other common notions of oppression, where an identifiable oppressing group is assumed. Another example of social oppression given by Young is when a specific social group is denied access to education that may hinder their lives in later life. Economic oppression is the divide between two classes of society. These were once determined by factors such slavery, property rights, disenfranchisement, and forced displacement of livelihood. Each divide yielded various treatments and attitudes towards each group. According to Marilyn Frye , one of

7905-409: Is to see how different forms of oppression intersect with each other and with the privileges held by others. Racial, economic, class-based, religious, gender-based, authoritarian, and social oppression in general often intersect in many different ways and co-exist with opposited forms of privilege to create novel and unique forms of oppression. In her article "Feminist Politics," bell hooks discusses

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8060-507: 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

8215-461: 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

8370-566: 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

8525-520: 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

8680-458: 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

8835-426: 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

8990-578: 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

9145-480: 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

9300-463: The Qur'an , sunnah (or authentic ahadith ), ijma (lit. consensus) (may be understood as ijma al-ummah ( Arabic : إجماع الأمة ) – a whole Islamic community consensus, or ijma al-aimmah ( Arabic : إجماع الائـمـة ) – a consensus by religious authorities ), and analogical reasoning . Four legal schools of Sunni Islam — Hanafi , Maliki , Shafiʽi and Hanbali — developed methodologies for deriving rulings from scriptural sources using

9455-516: 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. Oppression Oppression is malicious or unjust treatment of, or exercise of power over, a group of individuals, often in

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9610-535: The US Supreme Court ruled against Colorado 's anti-discrimination laws in Masterpiece Cakeshop v. Colorado Civil Rights Commission and 303 Creative LLC v. Elenis respectively. School segregation in the United States is observed by some educators as oppression or closure because students are denied access to resources and the privileged class is signaled that its denial of goods

9765-631: The Chinese were considered different and therefore not equal to white Americans. Due to this view Chinese workers were denied equal pay, and they also suffered many hardships during the time which they spent working on the railroad. The third and most extreme category of oppression is violence . According to the Merriam-Webster's dictionary , violence is "the use of physical force so as to injure, abuse, damage, or destroy". Acts of religious violence which are committed against people who practice

9920-645: The Latin oppressus , past participle of opprimere , ("to press against", "to squeeze", "to suffocate"). Thus, when authoritarian governments use oppression to subjugate the people, they want their citizenry to feel that "pressing down", and to live in fear that if they displease the authorities they will, in a metaphorical sense, be "squeezed" and "suffocated". Such governments oppress the people using restriction, control, terror, hopelessness, and despair. The tyrant's tools of oppression include, for example, extremely harsh punishments for "unpatriotic" statements; developing

10075-471: The Majlis-ash-Shura can select a new Khalifa: The most common condition for selecting a candidate being that there can be no objection (supported by evidence) to the candidate. Scholars, however, disagree on the number of votes there need to be for a candidate to be further considered. The number varies from two, to at least forty, to the majority of the Majlis-ash-Shura. The Majlis-ash-Shura has

10230-685: 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

10385-417: 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

10540-517: The New Testament [Rom. 7: 22]). In Muslim literature, šarīʿah designates the laws or message of a prophet or God, in contrast to fiqh , which refers to a scholar's interpretation thereof. In older English-language law-related works in the late 19th/early 20th centuries, the word used for Sharia was sheri . It, along with the French variant chéri , was used during the time of

10695-408: 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

10850-429: The U.S. population; and are more likely to fear unlawful and harsh treatment by law enforcement officials". The International Association of Chiefs of Police collected data from police departments between the years 1995 and 2000 and found that 83% of incidents involving use-of-force against subjects of different races than the officer executing it involved a white officer and a Black subject. Institutionalized oppression

11005-500: The United States, class has become racialized leaving the greater percentage of people of color living in poverty. Gender oppression is a form of social oppression, which occurs due to belonging or seeming to belong to a specific gender. Historically, gender oppression occurred through actual legal domination and subordination of men over women. Even key aspects of social life traditionally seen as "neutral", such as language, can sustain gender oppression according to Gertrude Postl. This

11160-540: The West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical undertandings. Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydis , the early Imami Shia were unanimous in censuring Ijtihad in the field of law ( Ahkam ) until the Shiite embrace of various doctrines of Mu'tazila and classical Sunnite Fiqh . After

11315-425: The appellation is given to either the full legislative body or to the upper house; in the case where the government doesn't function on a democratic basis, the legislature's powers are often restricted exclusively to consultation. There are no strict guidelines as to who can become part of the Majlis-ash-Shura. However, adulthood (in Islam, anyone who has reached puberty), a sound mind and strong knowledge of Islam are

11470-511: 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

11625-469: 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

11780-517: The authority to remove a Khalifa if he behaves contrary to Islam's Akhlaq (practice of morality). In effect, removal is only expected in cases of oppression, and the Majlis-ash-Shura is to discreetly inform the Khalifa of his problematic actions beforehand. Sunni Islamic lawyers have commented on when it is permissible to disobey, impeach or remove rulers in the Caliphate. This is usually when

11935-445: 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

12090-470: The beloved one to Allah's Apostle." When Usama spoke about that to Allah's Apostle Allah's Apostle said: "Do you try to intercede for somebody in a case connected with Allah's Prescribed Punishments?" Then he got up and delivered a sermon saying, "What destroyed the nations preceding you, was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah's Legal punishment on him. By Allah, if Fatima ,

12245-677: 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

12400-450: The caliph began to act with no regard for Islamic law. Ibn Hajar al-Asqalani said that to ignore such a situation is haraam , and those who cannot revolt inside the caliphate should launch a struggle from outside. Al-Asqalani used two ayahs from the Qur'an to justify this: "...And they (the sinners on qiyama) will say, 'Our Lord! We obeyed our leaders and our chiefs, and they misled us from

12555-486: The caliph. The importance of this is premised by the following verses of the Qur'an: "...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 a decision (from them), put your trust in Allah" The majlis is also the means to elect a new caliph. Al-Mawardi has written that members of

12710-527: The characteristics different forms of oppression might exhibit or have in common. In order to do so, Young develops five characteristics or 'faces' of oppression. Each form of oppression possesses at least one of these characteristics which are: exploitation, marginalization, powerlessness, cultural imperialism, and violence. Young's conception of oppression does not involve an "active oppressor". This means that oppression can occur without people actively oppressing others. Specifically, Young argues that oppression

12865-539: The complete and uncompromising implementation of "exact/pure sharia" without modifications, while modernists argue that it can/should be brought into line with human rights and other contemporary issues such as democracy, minority rights , freedom of thought , women's rights and banking by new jurisprudences. In Muslim majority countries, traditional laws have been widely used with or changed by European models. Judicial procedures and legal education have been brought in line with European practice likewise. While

13020-462: The concern that feminist theories unjustly blame men for the oppression of women. Men can sympathize with feminism, but still be complicit in the oppression of women. In her article on oppression, Marilyn Frye suggests a myopic approach is necessary to understand how in society at large, women are sequestered to a second class role. Though individual barriers, such as small actions resulting of social roles and expectations, may not provide too much of

13175-444: 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

13330-466: The contemporary Islamist understanding ), some researchers see the early history of Islam , which has been modelled and exalted by most Muslims, not as a period when sharia was dominant, but a kind of " secular Arabic expansion ". Approaches to sharia in the 21st century vary widely, and the role and mutability of sharia in a changing world has become an increasingly debated topic in Islam. Beyond sectarian differences , fundamentalists advocate

13485-441: The cross-pollination of ideas and discussion among diverse disciplines, such as feminism , sociology , psychology, philosophy, and political science. Nonetheless, more fully understanding the problem remains an extremely complicated challenge for scholars. Improved understanding will require, for example, comprehending more completely the historical antecedents of current social oppression; the commonalities — and lack thereof — among

13640-468: The daughter of Muhammad (my daughter) stole, I would cut off her hand." Various Islamic lawyers do however place multiple conditions, and stipulations e.g. the poor cannot be penalised for stealing out of poverty, before executing such a law, making it very difficult to reach such a stage. It is well known during a time of drought in the Rashidun caliphate period, capital punishments were suspended until

13795-406: The differential ways different grounds for oppression such as gender, race, sexuality, class, religion, and so forth work together to create a unique situation for certain oppressed people. Crenshaw argues that viewing feminism as categorizing all women as one cohesive category of oppressed people obscures differences of experiences of oppression within such groups. A Black woman is not just the sum of

13950-572: 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

14105-481: The economic and political sphere. The most commonly used class categories include upper class, middle class, working class, and poor class. Class is also experienced differently depending on race, gender, ethnicity, global location, disability, and more. Class oppression of the poor and working class can lead to deprivation of basic needs and a feeling of inferiority to higher-class people, as well as shame towards one's traditional class, race, gender, or ethnic heritage. In

14260-417: The economy of a foreign country instead of their own. Veltman and Piper describe the effects of outsourcing on female laborers abroad: Her work may be oppressive first in respects of being heteronomous : she may enter work under conditions of constraint; her work may bear no part of reflectively held life goals; and she may not even have the: freedom of bodily movement at work. Her work may also fail to permit

14415-443: The effects of the drought passed. Islamic jurists later formulated the concept of the rule of law, the equal subjection of all classes to the ordinary law of the land, where no person is above the law and where officials and private citizens are under a duty to obey the same law. A Qadi (Islamic judge) was also not allowed to discriminate on the grounds of religion , race , colour , kinship or prejudice . There were also

14570-546: 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

14725-427: The elite), within the general context of God-made laws that the ruler must execute. Taqi al-Din al-Nabhani , writes that 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 unIslamic. Non-Muslims may serve in the majlis, though they may not vote or serve as an official. Five conditions must be met before

14880-412: 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,

15035-460: 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

15190-533: 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

15345-497: The fight to get access to equality, and accept their fate as a non-dominant group. Scholar L. Ayu Saraswati highlights the potency of privilege hidden within groups generally considered oppressed. Such can occur within women, as second-wave feminism disproportionately focused on white women and their respective issues rather than women as a whole. This led to Black women and the higher level of economic challenges they were faced with being unaddressed, and often uplifted women only in

15500-448: 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

15655-439: 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

15810-432: The form of governmental authority. Oppression may be overt or covert, depending on how it is practiced. No universally accepted model or terminology has yet emerged to describe oppression in its entirety, although some scholars cite evidence of different types of oppression, such as social oppression, cultural, political, religious/belief, institutional oppression, and economic oppression . The word oppress comes from

15965-424: 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,

16120-590: The fruits of material labor to men and transfer of nurturing and sexual energies to men". Specifically, in a heterosexual relationship, women often take care of unpaid households chores and child care labor, which benefits both the man as the woman. In this sense, women are performing labor from which the man benefits and thus at least part of the value of this labor is transferred to the man. This exploitation need not be done consciously or even intentionally. As Young argues, oppression can occur without an active "oppressor". This definition of oppression attempts to address

16275-630: The group is nonetheless unjustly subordinated by this network of social constraints. Philosopher Jean Harvey, suggests the term "civilized oppression", which she introduces as follows: It is harder still to become aware of what I call 'civilized Oppression,' that involves neither physical violence nor the use of law. Yet these subtle forms are by far the most prevalent in Western industrialized societies. This work will focus on issues that are common to such subtle oppression in several different contexts (such as racism, classism, and sexism) ... Analyzing what

16430-499: The individual experiences of oppressed persons that do not solely fall under one header of sexism, racism, or something else. However, it is not suited to capture the way, for example, sexism and racism work together at a (macro) societal level. Both conjoin to influence the unique experience of oppression as felt by, for example, Black women. Authors such as Jennifer Nash explore what the limits of intersectionality. For instance, does this approach only concern marginalized groups, or

16585-399: 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

16740-459: The institution is oppressive whether or not the individuals maintaining those practices have oppressive intentions." Institutionalized oppression allows for government, religious, and business organizations and their employees to systematically favor specific groups of people based upon group identity. Dating back to colonization, the United States implemented the annihilation of Native Americans from lands that Euro-Americans wanted, and condoned

16895-654: The institution of slavery where Africans were brought to the New World to be a source of free labor to expand the cotton and tobacco industry. Although the thirteenth , fourteenth , and fifteenth amendments freed African Americans, gave them citizenship, and provided them the right to vote, institutions such as some police departments continue to use oppressive systems against minorities. They train their officers to profile individuals based upon their racial heritage, and to exert excessive force to restrain them. Racial profiling and police brutality are "employed to control

17050-412: The intersectional challenges of the early feminist movements in the 20th century. She divides female activists into groups labeled the "reformist" and "revolutionary" feminists. Reformist feminists were often at the forefront of the media, primarily as a result of their unspoken support of other forms of oppression, and more easily met requests. The reformists represented the white female population, and as

17205-556: 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

17360-665: 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

17515-572: 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

17670-527: 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

17825-458: The list of candidates. Some modern interpretations of the role of the Majlis ash-Shura include those by Islamist author Sayyid Qutb and by Taqi al-Din al-Nabhani , the founder of a transnational political movement devoted to the revival of the Caliphate. In an analysis of the shura chapter of the Qur'an, Qutb argued Islam requires only that the ruler consult with at least some of the ruled (usually

17980-459: 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

18135-410: 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 said in emergencies when there is no caliphate and no majlis, the people themselves should create a majlis, select a list of candidates for caliph, then the majlis should select from

18290-476: The most agreed upon prerequisites. Even these conditions are not completely agreed upon, as in the case of the scholar Faiyadh , who wrote that experts in various non-Islamic fields like economics, engineering and medicine are also qualified. Traditional Sunni Islamic lawyers agree that shura , loosely translated as 'consultation of the people', is a function of the Caliphate . The Majlis ash-Shura advise

18445-409: The most common characteristics of social oppression is the "double-bind", a situation where the oppressed are exposed to limited options, all of which incurring social penalty. An example of said situation exists for young women in the 21st century regarding sexual activity. Both sexual inactivity and sexual activity might incur a penalty. If a woman is sexually inactive, her parents might worry that she

18600-794: The movement behind. Race or racial oppression is defined as "burdening a specific race with unjust or cruel restraints or impositions. Racial oppression may be social, systematic, institutionalized, or internalized. Social forms of racial oppression include exploitation and mistreatment that is socially supported." In his 1972 work, Racial Oppression in America , sociologist Bob Blauner proposes five primary forms of racial oppression in United States history : genocide and geographical displacement , slavery , second-class citizenship , non-citizen labor, and diffuse racial discrimination . Blauner states that even after civil rights legislation abolished legally-sanctioned segregation, racial oppression remained

18755-411: The necessities brought by sociological changes, on the basis of mentioned interpretative studies legal schools have emerged, reflecting the preferences of particular societies and governments, as well as Islamic scholars or imams on theoretical and practical applications of laws and regulations. Although sharia is presented as a form of governance in addition to its other aspects (especially by

18910-775: The outside on the oppressed, including enslavement, segregation, employment discrimination, group-based harassment, opportunity inequality, neocolonialism , and governmental corruption". This allows for a dominant social group to maintain and maximize its wealth through the intentional exploitation of economically inferior subordinates. With indirect forces (also known as oppression by choice), "the oppressed are co-opted into making individual choices that add to their own oppression". The oppressed are faced with having to decide to go against their social good, and even against their own good. If they choose otherwise, they have to choose against their interests, which may lead to resentment by their group. An example of direct forces of economic oppression

19065-540: 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

19220-490: 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

19375-561: 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

19530-438: 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

19685-410: The right path. Our Lord! Give them (the leaders) double the punishment you give us and curse them with a very great curse'..." Islamic lawyers commented that when the rulers refuse to step down via successful impeachment through the Majlis, becoming dictators through the support of a corrupt army, if the majority agree they have the option to launch a revolution against them. Many noted that this option

19840-402: The rulers are not meeting public responsibilities obliged upon them under Islam. Al-Mawardi said that if the rulers meet their Islamic responsibilities to the public, the people must obey their laws, but if they become either unjust or severely ineffective then the caliph or ruler must be impeached via the Majlis al-Shura. Similarly Al-Baghdadi believed that if the rulers do not uphold justice ,

19995-457: The rules and regulations, the capacity to win competitions through the exercise of political or economic force, and the ability to write and document social and political history. Jim Sidanius suggests that there are four predominant social hierarchies, race, class, gender and sexuality, that contribute to social oppression. Audre Lorde , on the other hand, believes that there cannot be any hierarchy of oppression due to her experiences as both

20150-481: 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

20305-632: 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

20460-422: 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.

20615-438: The socially supported mistreatment and exploitation of a group of individuals by those with relative power. In a social group setting, oppression may be based on many ideas, such as poverty, gender, class, race, caste, or other categories. According to Iris Marion Young , due to its pluralistic character, it is difficult to construct a definition that applies to all forms of oppression. Therefore, she argues one should focus on

20770-749: 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

20925-431: 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

21080-462: 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

21235-540: 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)

21390-461: The two categories. This intersectional approach has been influential in academic fields studying different forms of social oppression. However, although Crenshaw argues her intersectional approach captures important differences within certain oppressed groups, Patricia Hill Collins objects that her approach is unable to capture the macro-level systemic nature of intersectional oppression. In other words, Crenshaw's concept of intersectionality captures

21545-455: The ummah via the majlis should give warning to them, and if unheeded then the Caliph can be impeached. Al-Juwayni argued that Islam is the goal of the ummah, so any ruler that deviates from this goal must be impeached. Al-Ghazali believed that oppression by a caliph is enough for impeachment. Rather than just relying on impeachment, Ibn Hajar al-Asqalani obliged rebellion upon the people if

21700-472: The various social groups damaged by social oppression and the individual human beings who make up those groups; and the complex interplay between and amongst sociocultural, political, economic, psychological, and legal forces that cause and support oppression. A common conception of social oppression is seen as when a single group in society unjustly takes advantage of, and exercises power over, another group using dominance and subordination. This then results in

21855-477: The various ways in which race and gender interact to shape the multiple dimensions of Black women's employment experiences. Elena Ruiz defines intersectionality as a form of oppression containing multiple social vectors and overlapping identity categories such as sex, race, and class that are not ready visible in single identities, but have to be taken into account as an integral, robust human experience. An intersectional approach to oppression requires attending to

22010-473: 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

22165-528: The very beginning in Islamic history ; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists -reflecting the tendencies of different schools - and integrated and with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional theory of Islamic jurisprudence recognizes four sources for Ahkam al-sharia :

22320-647: 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

22475-432: 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

22630-544: 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

22785-769: 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

22940-523: The world when it comes to religion. The definition of exploitation is the action or fact of treating someone unfairly in order to benefit from their work. For example, during, and particularly after, the American Civil War , white Americans used Chinese immigrants to build the transcontinental railroads. During this time it was common for the Chinese immigrants to follow the religions of Buddhism , Taoism , and Confucianism , because of this

23095-882: The world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in Lower Egypt, East Africa, and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is commonly identified as extinct, continues to exert influence over legal thought. The development of Shia legal schools occurred along

23250-399: 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

23405-435: Was another form of Protestantism , and after doing so they eventually passed laws in order to prevent other religions from prospering in their colony. The Pilgrims and the leaders of other communities where Protestants were in the majority used their power over legislatures to oppress followers of other religions in the United States. The second category of oppression, exploitation, has been seen in many different forms around

23560-437: 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

23715-488: Was polarized by these two groups. Many women, and often privileged white women, forgot about the promise of revolutionary feminism when they began to gain economic power as a result of the reformist movements partial success. This further set back those who wished to fight sexism and other kinds of oppression at the same time. Revolutionary feminist thinking was further pushed aside as even academic circles would not discuss it easily. Furthermore, reformist feminists, upon finding

23870-568: 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

24025-503: 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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