The Qur'an- The use of the Qur'an as a source of law
Hadith Bukhari- lawfulness
"A time will come when a man will not care about how he gets things, whether it be lawful or unlawful." (Bukhari)
Qur'an, 5:48
"For each We have appointed a divine law and a traced-out way. Had God willed, He could have made you one community. But that He may try you by that which He has given you. So vie one with another in good works. Unto God you will all return, and He will then inform you of that wherein you differ." Qur'an, 5:48
Marriage in Islam
"He is the one who has created you all from a single person and made its mate of like nature in order that he might dwell with her in love." (Sura 7 v 189) The Qur'an says that Muslim women can only marry Muslim men, but Muslim men can marry Jews or Christians as well as Muslims.
4:59
"O you believe, obey God and obey the messenger and also those in charge among you" 4:59
The Quran makes distinction between Halal (lawful) and Haram (unlawful) by providing clear and unambiguous instructions.
"O you people! Eat of what is on earth lawful and good; and do not follow the footsteps of Satan for he is your avowed enemy" (2:168)
What is Halal and Haram?
"The halal is that which Allah has made lawful in his Book, and the haram is that which He has forbidden, and that concerning which He is silent, He has permitted as a favour to you." From this and various Qur'anic verses, Muslim scholars have agreed that everything Allah has created is halal unless it has been declared haram.
Five Categories of Laws in Islam
1- Permitted (Mubah) 2- Recommended (Mustahab) 3- Disapproved but not unlawful (Makruh) 4- Forbidden (Muharam) 5- Obligatory (Wajib)
Sharia Law
All aspects of a Muslim's life are governed by Sharia. Sharia law comes from a combination of sources including the Qur'an, the sayings of the prophet and the rulings of Islamic scholars. The primary sources of the Sharia are the Qur'an and the example of the Prophet Muhammad.
(2:178)
For the heinous crime of murder it recommends the simple rule of an eye for an eye; by saying: "O you who believe! The law of equality is prescribed to you in case of murder: the free for free, the slave for slave, the women for women" (2:178)
(2:201)
God sent prophets and books to humanity to show them the way to happiness in this life, and success in the hereafter. This is encapsulated in the believer's prayer, stated in the Qur'an, "Our Lord, give us good in this life and good in the next, and save us from the punishment of the Fire." (2:201)
What does ijtihad mean?
Ijithad- is independent reasoning and one who performs ijtihad is a mujtahid and must have permission to do so or otherwise he will misguide others.
What does Ijma mean?
Ijma- Scholarly consensus
What does Sharia mean?
In Arabic, Sharia means "the clear, well-trodden path to water". Islamically, it is used to refer to the matters of religion that God has legislated for His servants.
What does mujtahid mean?
Mujtahid- Shari'ah religious lawyer and leader
What 3 principles were made ti expand shariah law?
Qiyas, Ijma and Ijtihad are the 3 principles made to expand shariah law.
What does Qiyas mean?
Qiyas- anaological reasoning
What does the Qur'an state about contraception? (Surah 6 v 151)
Some Muslims believe that the Qur'an bans contraception, 'Kill not your children on a plea of want.' (Surah 6 v 151) However, Shaykh Abdullah al'Qalqili claims that contraception is halal for Muslims
Why is the Qur'an the book of guidance?
The Holy Quran, last revealed book by God on Muhammad (P.B.U.H), is the foundation of our religion and the fountain of Islamic law. It is a complete book for the guidance of mankind. It is addressed to the entire humanity without any limitation of race, religion or time. It guides the man in all spheres of life-spiritual, temporal, individual and collective.
What are the five categories sharia regulates?
The Sharia regulates all human actions and puts them into five categories: obligatory, recommended, permitted, disliked or forbidden. Obligatory actions must be performed and when performed with good intentions are rewarded. The opposite is forbidden action. Recommended action is that which should be done and the opposite is disliked action. Permitted action is that which is neither encouraged nor discouraged. Most human actions fall in this last category.
What is the difference between Sunni and Shia Muslims?
The differences between Sunni and Shia Muslims are mainly expressed through different religious practices. For example, there are festivals which Sunnis and Shias do not celebrate in the same way, such as Ashura. For Shias, Ashura is a day of mourning which commemorates the martyrdom of the Imam al-Husayn. This is considered to be the defining event in Shia history. But for Sunnis, Ashura is a fasting day to remember the day Nuh (Noah) left the ark and the day that Musa (Moses) was saved from the Egyptians by Allah.
Shia and Sunni
The historical split occurred 1400 years ago, following the death of Muhammad in Medina, in modern day Saudi Arabia. Muslims who wanted to select his successor, or Caliph, by following the traditional Arab custom (Sunna) formed into a group known as Sunnis. Others insisted the Prophet had designated his cousin and son-in-law Ali as his legitimate heir. This group was called Shia Ali, or 'Party of Ali', from which comes the word Shia. While the main responsibility of Sunni Caliphs was to maintain law and order in the Muslim realm, as descendants of the Prophet, Shia Imams (spiritual leaders) also provided religious guidance and were considered infallible.
What does the Imam do to help apply the rules of Sharia law?
The imam helps Muslims to apply the rules of Shari'ah law in their daily lives and so makes sure that they follow what is halal (permissible) and reject what is haram (forbidden). The imam extends the ummah (worldwide Muslim community) by giving guidance and instruction to new converts to Islam.
What do legal philosophers say the aim of sharia is?
The legal philosophers of Islam, such as Ghazali, Shatibi, and Shah Wali Allah explain that the aim of Sharia is to promote human welfare. This is evident in the Qur'an, and teachings of the Prophet.
What are the four law schools?
The secondary sources determined by famous Muslim scholars ideas formed into four law schools. 1- The Hanifite Law school Makes decisions based on the basis of the Qur'an, Sunna, Hadith, then analogy and if analogy fails then opinion, but not consensus or custom. 2- The Malikite Law school Places custom immdeadietly after the Qur'an, Sunna and Hadith. If Custom failed Malik allowed consensus, but only the consensus of the Medinan lawyers. 3- The Shafi'i'te Law school Principles based Qur'an, Sunna and Hadith, if these failed then he believed that consensus was the most important because the combined opinions of Muslim Scholars could not be allowed by God to go wrong; only if there was nothing in consensus would shai'i allow anaology, but not custom or opinion which was regarded as too individual and divisive. 4- The Hanbalite Law school Qur'an, Hadith and Sunnah only.
What are the primary and secondary sources of law in Islam?
The teachings of the Qur'an are used as the first source of law in Islam and Hadith is used as the second source of law in Islam.
What is the ultimate worth of actions?
The ultimate worth of actions is based on intention and sincerity, as mentioned by the Prophet, who said, "Actions are by intentions, and one shall only get that which one intended."
What are the types of divorces in Islam determined by Law schools?
There are two types of divorce in Islam determined by Law schools: -Talaq (when one party wants a divorce) -Kuhl (where there is an agreed divorce) Men are allowed either divorece, however women are only allowed kuhl divorce. Women may be allowed a talaq divorce if their husband is ill.
Secondary sources of Sharia
These secondary sources were determined by famous Muslim scholars. 1- The Sunna (actions) of the prophet- If Muhammad was the final prophet, then what he did must be the final example of how a perfect human being should live and how his actions be part of sharia. 2- The Hadith (sayings) of the prophet- if he was the final prophet what advice he gave to people must be the nearest of God's word. However, the problem with hadiths are to recognise which ones are the true ones. 3- Custom or practice of the muslim community- Muslim community of Medina was set up by Muhammad, so must have surely followed his actions. 4- Consensus- This is the decisions of the Ulama (a group of Muslim lawyers- muftis) who agree that this is the Muslim way to do things. 5- Opinion- Muslims lawyers who are religious, holy men and have studied the law must be able to give a Muslim opinion on a matter which is not covered by Qur'an, Hadith or Sunna. Opinion refers to one Muslim lawyer, consensus to the opinion of many Muslim lawyers. 6- Analogy- this is the idea that if you cannot find an example in the Qur'an, sunna or hadith you try to look for an analogy in the Qur'an.
What is the Ulema/Ulama?
ʿUlamāʾ may refer to a council of learned men holding government appointments in a Muslim state. Historically, the ʿulamāʾ have been a powerful class, and in early Islam it was their consensus (ijmāʿ) on theological and juridical problems that determined the communal practices of future generations. Their authority over the community was so pervasive that Muslim governments always attempted to secure their support; in the Ottoman and Mughal empires they sometimes decisively influenced important policies. Although there is no priesthood in Islam, and every believer may perform priestly functions such as leading the liturgical prayer, the ʿulamāʾ have played a clerical role in Islamic society. Hence they are sometimes referred to as the "Muslim priests."
