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Portal: Islamic Law: Difference between revisions
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==Theory== | ==Theory== | ||
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<div class="articleSummaryColumn"> | 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.<div class="articleSummaryColumn"> | ||
{{PortalArticle|image=Sharialashing.jpg|title=Shari'ah (Islamic Law)|description=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). 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.|summary=}}{{PortalArticle|title=Fiqh (Islamic Jurisprudence)|image=Fiqh.jpeg|summary=|description=Islamic jurisprudence, or Fiqh (فقه), is the activity Islamic jurists engage in as they elaborate the Shari'ah, or "Islamic law"/"God's Law", based directly on the Qur'an and Muhammad's Sunnah or "way", as compiled in the hadiths. Fiqh can be described as "the human understanding of the divine laws of God as revealed to Muhammad". In this sense, the Shariah is an ideal body of laws which fiqh only ever approximates, albeit satisfactorily in the eyes of jurists. The usage of the two words in common and even technical parlance overlaps.}} | {{PortalArticle|image=Sharialashing.jpg|title=Shari'ah (Islamic Law)|description=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). 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.|summary=}}{{PortalArticle|title=Fiqh (Islamic Jurisprudence)|image=Fiqh.jpeg|summary=|description=Islamic jurisprudence, or Fiqh (فقه), is the activity Islamic jurists engage in as they elaborate the Shari'ah, or "Islamic law"/"God's Law", based directly on the Qur'an and Muhammad's Sunnah or "way", as compiled in the hadiths. Fiqh can be described as "the human understanding of the divine laws of God as revealed to Muhammad". In this sense, the Shariah is an ideal body of laws which fiqh only ever approximates, albeit satisfactorily in the eyes of jurists. The usage of the two words in common and even technical parlance overlaps.}} | ||
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==Women== | ==Women== | ||
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<div class="articleSummaryColumn"> | Women are legally disadvantaged by Islamic law in several in several domains of life. Particularly, women are disadvantaged in matters of sexual, domestic, legal, financial, sartorial, and physical autonomy. According to Islamic legal theory, while not all of Islamic law necessarily has a perceptibly rational basis, legal restrictions on women may be due to their intellectual deficiency, which was pronounced by Muhammad and is recorded in Sahih Bukhari.<div class="articleSummaryColumn"> | ||
{{PortalArticle|image=Suckling.jpg|summary=|title=Adult Suckling|description=Adult suckling (Arabic: رَضَاعَةُ الْكَبِيرِ), or the act of breastfeeding a male adult, is mentioned in several relied-upon collections of hadiths. According to five hadiths in Sahih Muslim, Muhammad once plainly instructed the daughter (or wife -- sources are unclear) of a companion named Suhail to suckle a "grown-up" freedman named Salim so that Salim would become the daughter's mahram, or a relation whom the daughter could no longer marry, and thus render Salim's cohabitation with the family appropriate and legal.}}{{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=Suckling.jpg|summary=|title=Adult Suckling|description=Adult suckling (Arabic: رَضَاعَةُ الْكَبِيرِ), or the act of breastfeeding a male adult, is mentioned in several relied-upon collections of hadiths. According to five hadiths in Sahih Muslim, Muhammad once plainly instructed the daughter (or wife -- sources are unclear) of a companion named Suhail to suckle a "grown-up" freedman named Salim so that Salim would become the daughter's mahram, or a relation whom the daughter could no longer marry, and thus render Salim's cohabitation with the family appropriate and legal.}}{{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.}} | ||
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