Principles and practice of islamic law
Download
1 / 11

PRINCIPLES AND PRACTICE OF ISLAMIC LAW - PowerPoint PPT Presentation


  • 116 Views
  • Uploaded on

PRINCIPLES AND PRACTICE OF ISLAMIC LAW. SHARI’AH. The centerpiece and backbone of the religion of Islam. Based on 1. Qur’an 2. Sunnah (practice of Muhammad) 3. Hadith (report Shari’ah covers every aspect of a Muslim’s life. a. private matters between the individual and God

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' PRINCIPLES AND PRACTICE OF ISLAMIC LAW' - danyl


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript

Shari ah
SHARI’AH

  • The centerpiece and backbone of the religion of Islam. Based on

  • 1. Qur’an

  • 2. Sunnah (practice of Muhammad)

  • 3. Hadith (report

  • Shari’ah covers every aspect of a Muslim’s life.

    • a. private matters between the individual and God

    • b. relationships with family and community


Fiqh

  • Categories and subjects of Islamic law.

    • 1. Islamic worship

    • 2. Family relations

    • 3. Inheritance

    • 4. Commerce

    • 5. Civil (tort) law

    • 6. Criminal law

    • 7. International Relations


Muslim jurists
Muslim Jurists

  • Qadi = A judge that serves in a court

  • Mufti = gives legal responses (fatwa) to people’s questions.

  • Fuqaha = the class of Muslim scholars who dealt in theoretical Islamic law (fiqh)


Jurist s qualifications
Jurist’s qualifications

  • Possess many branches of knowledge

    • Know the Qur’an

    • Know the Hadith

    • Know how to interpret these sources

      • Knowledge of Arabic language and its grammar

      • Logic

      • History

      • General knowledge and specialized areas such as commerce or international relations


  • Knowing history of the law

  • Knowing the schools of law their differences and legal precedents

  • Problem: were scholars with specialized training but limited authority. Since no clergy, no central authority to hand out final judgments .


  • The source of a Muslim jurist’s knowledge comes only from their recognized knowledge-not from the government, not from a central religious authority, and not from a claim to divine right. A Muslim consulting a jurist is responsible for following their own conscience in deciding the right course of action to take based on the jurist’s advice.

  • If an official is in an official court has the authority of the office.


How to reach a decision
How to reach a decision their recognized knowledge-not from the government, not from a central religious authority, and not from a claim to divine right. A Muslim consulting a jurist is responsible for following their own conscience in deciding the right course of action to take based on the jurist’s advice.

  • Hukm = the ruling that a judge makes.

  • Fatwah: a jurist’s response to a question from an individual or a group

  • Spectrum for judging actions in Islamic law”

    • 1. Forbidden

    • 2. Discouraged

    • 3.Ppermitted

    • 4. Encouraged

    • 5. Oblgatory


Usul al fiqh
Usul their recognized knowledge-not from the government, not from a central religious authority, and not from a claim to divine right. A Muslim consulting a jurist is responsible for following their own conscience in deciding the right course of action to take based on the jurist’s advice. al-fiqh

  • Sources of law, define the principles and methods on which it is based.

  • 1. Qur’an

  • 2. Sunnah

  • 3. Haddith

  • If not clear go to 2 other sources:

  • 4. Ijma: unanimous consensus among jurists

  • 5. qiyas; decisions by analogy


Ijma their recognized knowledge-not from the government, not from a central religious authority, and not from a claim to divine right. A Muslim consulting a jurist is responsible for following their own conscience in deciding the right course of action to take based on the jurist’s advice.

  • After making public a judgment about a matter of law, jurists found general agreement with the finding. No jurists made sound legal arguments against the finding. From a time when Muslim scholars knew each other. It is being debated today.


Qiyas
Qiyas their recognized knowledge-not from the government, not from a central religious authority, and not from a claim to divine right. A Muslim consulting a jurist is responsible for following their own conscience in deciding the right course of action to take based on the jurist’s advice.

  • Analogy = using logic and reasoning to apply a known law to a new situation not covered in the original law. i.e. Islam forbids Muslims to drink wine. Jurists have applied this to no drinking whiskey and beer or using drugs like opium.


ad