2,856
edits
Portal: Islamic Law: Difference between revisions
no edit summary
| [checked revision] | [checked revision] |
Lightyears (talk | contribs) No edit summary |
Lightyears (talk | contribs) No edit summary |
||
| (2 intermediate revisions by the same user not shown) | |||
| Line 1: | Line 1: | ||
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, 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== | ==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 | 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. | ||
<div class="articleSummaryColumnsWrapper"> | <div class="articleSummaryColumnsWrapper"> | ||
<div class="articleSummaryColumn"> | <div class="articleSummaryColumn"> | ||
| Line 32: | Line 32: | ||
</div><div class="articleSummaryColumn"> | </div><div class="articleSummaryColumn"> | ||
{{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|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.}} | |||
</div> | </div> | ||
</div> | </div> | ||
| Line 58: | Line 59: | ||
<div class="articleSummaryColumnsWrapper"> | <div class="articleSummaryColumnsWrapper"> | ||
<div class="articleSummaryColumn"> | <div class="articleSummaryColumn"> | ||
{{PortalArticle|title=Relationships with non-Muslims in Islamic Law|summary=|image=Hindumuslimsplit.jpg|description=The Quran and other Islamic sources prohibit | {{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}} | ||
</div><div class="articleSummaryColumn"> | </div><div class="articleSummaryColumn"> | ||
{{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.}} | {{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.}} | ||
| Line 69: | Line 70: | ||
*[[Takfeer]] | *[[Takfeer]] | ||
{{col-float-break|width=25em}} | {{col-float-break|width=25em}} | ||
*[[Slavery in Islamic Law]] | |||
*[[Shirk]] | *[[Shirk]] | ||
*[[Dhimma]] | *[[Dhimma]] | ||