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SHARI`AH AND FIQH

SHARI`AH AND FIQH. FROM NORMATIVE TO PRACTICAL APPLICATION. THE SCOPE OF THE SHARI`AH. Matters related to God-human relationship covered under the `ibadat (service to God) Salat (Prayer) , Sawm (fasting), Zakat (Alms)

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SHARI`AH AND FIQH

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  1. SHARI`AH AND FIQH FROM NORMATIVE TO PRACTICAL APPLICATION

  2. THE SCOPE OF THE SHARI`AH • Matters related to God-human relationship covered under the `ibadat (service to God) • Salat (Prayer), Sawm (fasting), Zakat (Alms) • Matters related to human-human relationships covered under the mu`amalat (social transactions regulated by interpersonal justice) • All contractual relations between equal parties

  3. LEGAL THEORY • Usul al-fiqh = Understanding the Divine goals for humanity through the fundamental sources regarded as revelation • The architect of usul al-fiqh, al-Shafi`I (d. 820) • The centrality of hadith – isnad criticism • The uncorrupted Medina paradigm recovered

  4. LEGAL FIQH • Fiqh = literally “to understand,” technically to derive Divine norms by “discovering” purposes of God for humanity • Systematic science of law, ethics and rituals • Every case of conscience under its purview • Founded upon Four “Roots” (usul) – sources to derive the fatwa for furu` (cases)

  5. God Usul al-fiqh [Legal Theory] al-Qur’an al-`Aql The Prophet al-Sunna al-Qiyas Hadith Maslahah Istihsan al-Ijma`

  6. Derivation of a Juridical Decision (hukm or fatwa Search for asl = “paradigm case” (Universal major premise taken as “known” for purposes of the present case) New Case = far` (Particular minor premise specifying present instance) Hukm = juridical decision, also fatwa (Necessary conclusion about present case)

  7. Shari`ah Schools (Madhhab) Sunni Shiite Maliki (Malik d. 795) Hanbali (Ahmad bin Hanbal d. 855) Imami or Ja`fari (Ja`far al- Sadiq d. 765) Hanafi (Abu Hanifa d. 767) Shafi`ite (Shafii d. 820) Zaydi (Zayd bin `Ali d. 740

  8. SPIRIT OF LAW • Law “Case by Case” that governs entire field of ethics, rituals, and private/public law • Public order connected with public/private rituals • Market place and law of the mosque • Family law, main concern women and children

  9. MARRIAGE – A LASTING RELATIONSHIP • IS MARRIAGE A CHANGE OF LIFE STYLE? • ARE YOU MARRIED AND YET SINGLE? • MARRIAGE = SHARED VISION, SELFLESSNESS, CARING • SOLUTIONS TO MARITAL PROBLEMS INCLUDE PLANTING, CULTIVATING, AND CARING FOR UNDERSTANDING AND LOVE

  10. RELATIONSHIP WITH CHILDREN • SHORTCUTS OR “QUICK FIX” = TO EXERCISE AUTHORITY BECAUSE WE ARE BIGGER? • SHIFT RESPONSIBILITY OF CARING TO OTHERS? • CAN THEY BECOME OUR BEST FRIENDS?

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