Portal: Islamic Law: Difference between revisions

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-Islamic law, or the Shariah, is held to comprise the specific rulings intended by Allah for all of mankind in all times and places and delivered through Islamic scriptures (namely, the Quran and hadith). Fiqh, or Islamic jurisprudence, comprises the legal and interpretive theories through which these rulings are derived from the Quran and hadith. Norms observed and prescribed by Muhammad in these scriptures are, as a rule, taken literally and considered binding. To intentionally defy any part of Islamic law is to defy God's will, and thus to recant one's faith. Islamic law covers and immense array of topics, regulating everything from bathroom etiquette, criminal law, bedroom conduct, and imperial policy to etiquette with books, restrictions on speech, restrictions on diet, and economy. As nearly all of Islamic law derives from the hadith rather than the Quran, historians have questioned whether much of it can be historically attributed to Muhammad in actual fact. Nonetheless, the Shariah serves as a foundation, at times comprehensively and other times nominally, for numerous Muslim-majority nations. Where Muslims are not governed by Islamic law, they are obligated to conduct their own lives in accordance with it, on penalty of torturous punishment in the hereafter, alongside unbelievers.
+Islamic law, or the Shariah, is held to comprise the specific rulings intended by Allah for all of mankind in all times and places and delivered through Islamic scriptures (namely, the Quran and hadith). Fiqh, or Islamic jurisprudence, comprises the legal and interpretive theories through which these rulings are derived from the Quran and hadith. Norms observed and prescribed by Muhammad in these scriptures are, as a rule, taken literally and considered binding. Islamic law covers and immense array of topics, regulating everything from bathroom etiquette, criminal law, bedroom conduct, and imperial policy to etiquette with books, restrictions on speech, restrictions on diet, and economy. As nearly all of Islamic law derives from the hadith rather than the Quran, historians have questioned whether much of it can be historically attributed to Muhammad in actual fact. A few Muslim-majority countries incorporate it fully into their legal frameworks, while others apply it selectively alongside secular laws or restrict its influence, often depending on the particular historical or cultural context. Where Muslims are not governed by Islamic law, it is common that some advocate for legal recognition of Islamic principles in personal matters, such as marriage and family law.
 ==Theory==
-For all their prescriptive content, Islamic scriptures do not themselves contain a formal theory of law. Much as Christian doctrine has been pieced together by competing sects based on different formulas for reading scripture, Islamic law is generated only after Islamic scriptures are passed through the different interpretive apparatuses of the various schools of Islamic law. For all there differences, there is much that the four major Sunni schools of law, or madhhabs agree on: Muslims must pray facing the Ka'bah in Mecca, apostates must be executed, and cousin marriage is permissible. Broadly speaking, the four schools agree where there is explicit instruction on a legal matter in scripture deemed authentic, and differ where there isn't.
+For all their prescriptive content, Islamic scriptures do not themselves contain a formal theory of law. Much as Christian doctrine has been pieced together by competing sects based on different formulas for reading scripture, Islamic law is generated only after Islamic scriptures are passed through the different interpretive apparatuses of the various schools of Islamic law. For all their differences, there is much that the four major Sunni schools of law, or madhhabs agree on: Muslims must pray facing the Ka'bah in Mecca, apostates must be executed, and cousin marriage is permissible. Broadly speaking, the four schools agree where there is explicit instruction on a legal matter in scripture deemed authentic, and differ where there isn't.
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-{{PortalArticle|image=Child marriage.jpg|summary=|title=Child Marriage in Islamic Law|description=Child marriage and sexual activity between adults and children are sanctioned by Islamic law and were practiced by Muhammad and his companions. As is the case within all contexts where sexual activity is permitted in Islam - namely, marriage and slavery - female consent is not required and the category of "rape" does not exist. The only restriction on sexual activity with children of any age within the contexts of marriage and slavery is that the child should not come to severe physical harm as a consequence of the encounter.}}{{PortalArticle|image=Mahr.jpg|summary=|description=The Mahr (مهر) is a contract fee paid for by the groom to the bride in an Islamic marriage (see The Meaning of Nikah). Its purpose within Islamic law, as shown through the Islamic texts themselves and the rulings of fiqh, is to compensate the woman for the privilege of consummating the marriage through sexual intercourse with her. The mahr is an obligatory part of Islamic law. In the abscence of a mahr, the marriage is not valid.|title=Mahr (Marital Price)}}{{PortalArticle|image=Mcsegregation.png|title=Sex Segregation in Islam|summary=|description=The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Modern scholars and activists often posit that free-mixing is actually allowed in Islam, however their assertions on the matter usually lack the well-attested scriptural citations of the Islamic tradition that are marshaled by traditionalist scholars.}}
+{{PortalArticle|image=Child marriage.jpg|summary=|title=Child Marriage in Islamic Law|description=Child marriage and sexual activity between adults and children are sanctioned by Islamic law and were practiced by Muhammad and his companions. The schools of Islamic jurisprudence agreed that a father could contract his virgin minor daughter in marriage. Consummation was to occur when the family considered the child physically ready (no consideration was given to mental anguish). They supported their views variously using Muhammad's marriage to Aisha, the example of his companions, and their understanding of the Quran. In many modern Muslim countries a minimum age of marriage has been introduced or raised in recent decades.}}{{PortalArticle|image=Mahr.jpg|summary=|description=The Mahr (مهر) is a contract fee paid for by the groom to the bride in an Islamic marriage (see The Meaning of Nikah). Its purpose within Islamic law, as shown through the Islamic texts themselves and the rulings of fiqh, is to compensate the woman for the privilege of consummating the marriage through sexual intercourse with her. The mahr is an obligatory part of Islamic law. In the abscence of a mahr, the marriage is not valid.|title=Mahr (Marital Price)}}{{PortalArticle|image=Mcsegregation.png|title=Sex Segregation in Islam|summary=|description=The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Modern scholars and activists often posit that free-mixing is actually allowed in Islam, however their assertions on the matter usually lack the well-attested scriptural citations of the Islamic tradition that are marshaled by traditionalist scholars.}}
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 {{PortalArticle|image=A scene from submission.jpg|summary=|title=Wife Beating in Islamic Law|description=Wife-beating is instructed by the Qur'an and the Hadiths, and has been an accepted part of Islam law since its inception. Quran 4:34 states that men are in charge of women and that husbands may, among other things, beat their wives in some circumstances. Muhammad seems to have disapproved of severe beatings, but with this caveat reaffirmed the command of wife-beating in his farewell sermon, and himself once struck one of his wives painfully in the chest. Three of the four Rightly-Guided Caliphs are also reported to have slapped or beaten women, sometimes in Muhammad's presence. Because of its many endorsements within Islamic scripture, wife-beating is permitted by the majority of Muslim scholars and leaders (though in its mildest form is limited, somewhat nonsensically, to tapping with a small stick). This has led to domestic violence being permitted under law in several Islamic states or being largely ignored by the authorities.}}
+{{PortalArticle|title=Slavery in Islamic Law|summary=|image=OttomanEunuchsConcubines.jpg ‎|description=Slavery, while no longer permitted in the modern context by most scholars, was a major theme of Islamic jurisprudence. The Quran permits sexual intercourse with those women "whom your right hands possess", and Caliphs from the Umayyads to the Ottomans enjoyed harems full of female concubines, attended by male eunuch (castrated) slaves.}}
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-{{PortalArticle|title=Relationships with non-Muslims in Islamic Law|summary=|image=Hindumuslimsplit.jpg|description=The Quran and other Islamic sources prohibit certain degrees of relationship with non-Muslims, including with some of the "People of the Book". Its stance appears to have evolved over time at various stages of Muhammad's prophetic career, occurring in a context when the believers had been driven out from Mecca and there was a degree of enmity between them, as recorded in such verses as Quran 60:1. Some contemporary views emphasize contextual issues and use particular verses and examples from Muhammad's life to argue that friendship with non-Muslims is permitted in most circumstances.}}{{PortalArticle|summary=|image=Broken_cross.jpg|description=The word Dhimma in modern parlance refers to the non-Muslim persons permitted to live under the Islamic regime (The Caliphate), namely those of Abrahamic faiths, as well as the system of financial, legal, and social subjugation that must be brought to bear over them so as to bring about their humiliation, as instructed by the Quran. Included in this system are the practices of ''Zunar'' (yellow-badge practices) and ''Jizyah'' (non-Muslim tax).|title=Dhimma}}
+{{PortalArticle|title=Relationships with non-Muslims in Islamic Law|summary=|image=Hindumuslimsplit.jpg|description=Muslim women are forbidden to marry non-Muslims, while Muslim men may also marry Christian and Jewish women by Islamic scholarly consensus (ijma), based on the Quran. The Quran and other Islamic sources even prohibit close friendship with non-Muslims/taking them as guardians in some situations. Its stance appears to have evolved over time at various stages of Muhammad's prophetic career, occurring in a context when the believers had been driven out from Mecca and there was a degree of enmity between them, as recorded in such verses as Quran 60:1. Some contemporary views emphasize contextual issues and use particular verses and examples from Muhammad's life to argue that close friendship with non-Muslims is permitted in most circumstances.}}{{PortalArticle|summary=|image=Broken_cross.jpg|description=The word Dhimma in modern parlance refers to the non-Muslim persons permitted to live under the Islamic regime (The Caliphate), namely those of Abrahamic faiths, as well as the system of financial, legal, and social subjugation that must be brought to bear over them so as to bring about their humiliation, as instructed by the Quran. Included in this system are the practices of ''Zunar'' (yellow-badge practices) and ''Jizyah'' (non-Muslim tax).|title=Dhimma}}
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 {{PortalArticle|title=Kafir (Infidel)|description=In Islamic terminology, a kāfir is a disbeliever, or someone who rejects or does not believe in Allah as the one and only God and Muhammad as the final messenger of Allah. In the context of Islamic scriptures, "kafir" is the broadest, all encompassing category of non-Muslim, which includes all other sub-categories, such as ''mushriqun'', or polytheists, ''dahriyah'', or those who deny the existence of any gods outright, as well as those who would today identify as agnostics or who are simply ignorant of religious figments.|image=KFR.jpg|summary=}}{{PortalArticle|title=Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|summary=|image=Darayn.jpg|description=Traditional Islamic jurists generally dichotomized the world into the ''Dar al-Harb'', or Abode of War, and the ''Dar al-Islam'', or Abode of Islam. Not recognizing anything but a perpetual state of warfare, save occasionally and tactically permitted temporary treaties, with all non-Muslim political entitles, Islamic jurists tended to legislate the Muslims should operate under war-time norms whenever they entered non-Muslim lands. This could go so far as to mean that theft, slave-raiding, and, according to some, even rape was permitted in non-Muslim lands, given the assumed perpetual state of war. It is on the basis of this dichotomy that some Islamic jurists today permit Muslims to collect interest from unbelievers in Western countries, by construing it as a form of legal theft.}}
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 *[[Takfeer]]
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+*[[Slavery in Islamic Law]]
 *[[Shirk]]
 *[[Dhimma]]
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 {{PortalArticle|summary=|title=Islam and Freedom of Speech|image=Images-cfiv-0004.jpg|description=According to Islamic law, it is a criminal offense to speak ill of Islam, its Prophet, and its holy Scriptures (Qur'an and Hadith). Blasphemy is punishable by death. Sufficiently unorthodox perspectives constitute blasphemy just as well as ''only partially'' orthodox perspectives (that is, those perspectives that affirm some tenants of blasphemy while denying others).}}{{PortalArticle|title=Islam and Homosexuality|summary=|image=Homophobes.jpg|description=The four Sunni schools of jurisprudence all agree that practicing homosexuality is an egregious crime that earns an especially harsh punishment, although the schools vary regarding what exactly this punishment should be. Punishments range from execution by beheading, execution by stoning, execution by being thrown off a tall building, and imprisonment until death.}}
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-{{PortalArticle|image=Mumtaztomumtaz.png|title=If Anyone Slays a Person (Qur'an 5:32)|summary=|description=Islamic law does not punish the murder of those who warrant execution (such as blasphemers, apostates, and those who in some manner 'spread mischief in the Earth') and differentiates between the murder of a Muslim, which merits the death penalty, and the murder of a non-Muslim, which only merits the payment of blood-money. This ruling is outlined in the Quran and, in Sahih Bukhari, Muhammad is repeatedly recorded as saying "no Muslim should be killed in Qisas (legal retribution) for killing a Kafir (disbeliever)".}}{{PortalArticle|title=Intoxicants and Recreation in Islamic Law|summary=|image=Firemusic.jpg|description=Intoxicants (الخمر al‐khamr) such as alcohol, marijuana etc. and recreational games of chance, such as board games (especially chess), card games and other forms of gambling are forbidden under Islamic law. Notably, several hadiths in Sahih Muslim report that Muhammad himself used to consume alcoholic drinks prior to prohibiting it.}}
+{{PortalArticle|image=Mumtaztomumtaz.png|title=If Anyone Slays a Person (Qur'an 5:32)|summary=|description=Islamic law does not punish the murder of those who warrant execution (such as blasphemers, apostates, and those who in some manner 'spread mischief in the Earth') and differentiates between the murder of a Muslim, which merits the death penalty, and the murder of a non-Muslim, which only merits the payment of blood-money. This ruling is outlined in the Quran and, in Sahih Bukhari, Muhammad is repeatedly recorded as saying "no Muslim should be killed in Qisas (legal retribution) for killing a Kafir (disbeliever)".}}{{PortalArticle|title=Intoxicants and Recreation in Islamic Law|summary=|image=Firemusic.jpg|description=Intoxicants (الخمر al‐khamr) such as alcohol, marijuana etc. and recreational games of chance, such as board games (especially chess), card games and other forms of gambling are forbidden under Islamic law.}}
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