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Portal: Islamic Law: Difference between revisions
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{{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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{{PortalArticle|image=Madhhab.jpg|title=Madh'hab|description=A Madh'hab (مذهب) is a school of Islamic law or fiqh (Islamic jurisprudence). Within Sunni Islam there are four mainstream schools of thought, which are accepted by one another, and the Shi'ite school of fiqh which (according to a fatwa by Al-Azhar, the most respected authority in Sunni Islam) is also now accepted by some Sunnis as a legitimate fifth school of Islamic Law. The five major schools of Islamic law agree on many things, including the death sentence for apostates.|summary=}}{{PortalArticle|summary=|image= | {{PortalArticle|image=Madhhab.jpg|title=Madh'hab|description=A Madh'hab (مذهب) is a school of Islamic law or fiqh (Islamic jurisprudence). Within Sunni Islam there are four mainstream schools of thought, which are accepted by one another, and the Shi'ite school of fiqh which (according to a fatwa by Al-Azhar, the most respected authority in Sunni Islam) is also now accepted by some Sunnis as a legitimate fifth school of Islamic Law. The five major schools of Islamic law agree on many things, including the death sentence for apostates.|summary=}}{{PortalArticle|summary=|image=TheLastRealCaliph.jpg|title=Khilafah (Caliphate)|description=The Caliph (خليفة; khalīfah) is the head of state in a Caliphate, and the title for the leader of the Islamic Ummah (body of Muslim believers) who serves as the successor to Muhammad, the founder of Islam, in all matters of political and religious decision making. The word of the caliph is, however, only legally and not theologically binding upon members of the Muslim ummah who consider him legitimate. In this sense, it is ''Ijma'' (legal concensus) which is the proper Islamic analog of the Catholic pope, rather than the Caliph.}} | ||
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*[[Sahih]] | *[[Sahih]] | ||
*[[Fard]] | *[[Fard]] | ||
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*[[Bid'ah]] | *[[Bid'ah]] | ||
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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.}} | |||
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{{PortalArticle|image= | {{PortalArticle|image=A scene from submission.jpg|summary=|title=Wife Beating in Islamic Law|description=Wife-beating is instructed by the 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 if they fear disobedience. Prophet Muhammad provided tacit approval of wife beating by not scolding Muslims for beating their wives, referred to women who spoke-out against abuse as "not the best among you", forbade Muslims from questioning men who beat their wives, allowed others to hit his wives (the very women whom all Muslims adore and refer to as "the Mother of believers"), reaffirmed the command of wife-beating in his farewell sermon, and himself struck one of his wives in the chest. In addition to Muhammad's actions, three of the four Rightly-Guided Caliphs are also reported to have beaten women. Because of its many endorsements within Islamic scripture, wife-beating is permitted by the majority of Muslim scholars and leaders. This has led to domestic violence being permitted under law in several Islamic states or being largely ignored by the authorities.}} | ||
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===Other articles in this section=== | ===Other articles in this section=== | ||
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*[[Women in Islamic Law]] | |||
*[[Polygamy in Islam]] | *[[Polygamy in Islam]] | ||
*[[Wife Beating in the Qur'an]] | *[[Wife Beating in the Qur'an]] | ||
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*[[Forced Marriage]] | *[[Forced Marriage]] | ||
*[[Inheritance Laws]] | *[[Inheritance Laws]] | ||
*[[Wife Beating in Islamic Law]] | |||
{{Col-float-break|width=25em}} | {{Col-float-break|width=25em}} | ||
*[[Islamic Attire and Health]] | *[[Islamic Attire and Health]] | ||
*[[Nikah (Sexual Consummation of Marriage)]] | *[[Nikah (Sexual Consummation of Marriage)]] | ||
*[[Hijab]] | *[[Hijab]] | ||
*[[Rape in Islamic Law]] | |||
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==Non-Muslims== | ==Non-Muslims== | ||
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*[[Shirk]] | *[[Shirk]] | ||
*[[Dhimma]] | *[[Dhimma]] | ||
{{Col-float-break|width=25em}} | {{Col-float-break|width=25em}} | ||
*[[The Pact of Umar]] | *[[The Pact of Umar]] | ||
*[[ | *[[Islam and Apostasy]] | ||
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==Crime and punishment== | ==Crime and punishment== | ||
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*[[Khilafah (Caliphate)]] | *[[Khilafah (Caliphate)]] | ||
*[[ | *[[Jizyah]] | ||
{{col-float-break|width=25em}} | {{col-float-break|width=25em}} | ||
*[[ | *[[Dhimma]] | ||
*[[Islam and Violence]] | *[[Islam and Violence]] | ||
{{Col-float-break|width=25em}} | {{Col-float-break|width=25em}} | ||
*[[ | *[[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)]]{{col-float-end}} | ||
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==Ritual== | ==Ritual== | ||
A great part of the body of Islamic law regulates the particulars of ritual practices ranging everything from precisely how one should twiddle one's index finger during the daily prayers to how the the throats of cattle should be split and drained dry of blood during ritual sacrifice. Whereas scripture provides usually clear outlines on the basic workings of rituals, jurist differ endlessly in the details. The great majority of ritual law regards benign practices of the finger-twiddling variety which, despite being a potential and sometimes actual source of social discord, have generally become topics of lesser concern among the wider Muslim population. Ritual laws regarding the large-scale sacrifice of hundreds of millions of animals to Allah, on the other hand, have attracted growing international attention. Similarly troubling have been the pilgrimage rituals conducted at Mecca which, when practiced by millions of persons all at once, have repeatedly resulted in hundreds of deaths by stampede and contagion. While some of these challenges such as those with pilgrimage rituals, Islamic jurists contend, can be overcome through logistical and architectural innovation, other, often moral, challenges, such as those face by animal sacrifice in the face of growing concern for animal rights, have beeen cause for lesser optimism. | A great part of the body of Islamic law regulates the particulars of ritual practices ranging everything from precisely how one should twiddle one's index finger during the daily prayers to how the the throats of cattle should be split and drained dry of blood during ritual sacrifice. Whereas scripture provides usually clear outlines on the basic workings of rituals, jurist differ endlessly in the details. The great majority of ritual law regards benign practices of the finger-twiddling variety which, despite being a potential and sometimes actual source of social discord, have generally become topics of lesser concern among the wider Muslim population. Ritual laws regarding the large-scale sacrifice of hundreds of millions of animals to Allah, on the other hand, have attracted growing international attention. Similarly troubling have been the pilgrimage rituals conducted at Mecca which, when practiced by millions of persons all at once, have repeatedly resulted in hundreds of deaths by stampede and contagion. While some of these challenges such as those with pilgrimage rituals, Islamic jurists contend, can be overcome through logistical and architectural innovation, other, often moral, challenges, such as those face by animal sacrifice in the face of growing concern for animal rights, have beeen cause for lesser optimism. | ||
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== References == | ==Other topics in Islamic law== | ||
===Other articles in this section=== | |||
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*[[Islamic Economics]] | |||
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*[[Taqiyya]] | |||
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==References== | |||
[[Category:Portals]] | [[Category:Portals]] | ||
<references /> | <references /> | ||