Portal: Islamic Law: Difference between revisions

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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 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.}}
+{{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.}}
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 ==Non-Muslims==
-Those [[Kafir|non-Muslims]] permitted to live under the Islamic regime (namely, Jews, Christians, and Zoroastrians; i.e. '<nowiki/>''Dhimmis''<nowiki/>') are subjected to unique disadvantages in matters of sexual, domestic, legal, financial, sartorial, physical, communal, and religious autonomy. While this subjugation is comparable - albeit in each specific account different - from the legal disadvantages imposed upon women under Islamic law, the rationale is fundamentally different. Though the Quran  decries non-Muslims as being, among other things, 'deaf, dumb, blind'<ref>{{Quran|2|171}}</ref>, 'evil'<ref>{{Quran|62|5}}, {{Quran|7|177}}</ref>, 'like cattle'<ref>{{Quran|25|44}}</ref>, 'perverse'<ref>{{Quran|9|30}}, {{Quran|63|4}}</ref>, and 'without intelligence'<ref>{{Quran|8|65}}</ref>, any supposed characterological traits are not the underlying reason for their subjugation, as might be thought to be case for the subjugation of women. The reason for the the subjugation of non-Muslims living in the Islamic state is because the have the potential to convert to Islam - As the Quran states, this subjugation is simply intended as measure which, through bringing about their humiliation, will incentivize their conversion.
+Those [[Kafir (Infidel)|non-Muslims]] permitted to live under the Islamic regime (namely, Jews, Christians, and Zoroastrians; i.e. '<nowiki/>''Dhimmis''<nowiki/>') were subjected to unique disadvantages in matters of sexual, domestic, legal, financial, sartorial, physical, communal, and religious autonomy. While this subjugation is comparable - albeit in each specific account different - from the legal disadvantages imposed upon women under Islamic law, the rationale is fundamentally different. Though the Quran  decries non-Muslims as being, among other things, 'deaf, dumb, blind'<ref>{{Quran|2|171}}</ref>, 'evil'<ref>{{Quran|62|5}}, {{Quran|7|177}}</ref>, 'like cattle'<ref>{{Quran|25|44}}</ref>, 'perverse'<ref>{{Quran|9|30}}, {{Quran|63|4}}</ref>, and 'without intelligence'<ref>{{Quran|8|65}}</ref>, any supposed characterological traits are not the underlying reason for their subjugation, as might be thought to be case for the subjugation of women. The reason for the subjugation of non-Muslims living in the Islamic state is because they have the potential to convert to Islam. This [[Dhimma]] legal framework is not in force in modern Muslim states today as civil law is considered to have rendered it inapplicable.
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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 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 some 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=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}}
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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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 {{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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 ==Jihad==
-Jihad, which literally means ''struggle'', refers in Islamic law exclusively to military activity intended to spread and preserve the Islamic empire. Islamic literature does, however, often avoid this terminological use in order to use it in its literal sense. In this usage, the word Jihad is sometimes used to metaphorically allude to and describe the ''internal struggle'' one must at times engage in ''against oneself''. This alternative, metaphorical usage of the word Jihad does not, however, have any legal implications. The legal doctrines of Jihad are rather straightforward: the Muslim ''ummah'', or peoples, must, as the Quran states fight the unbelievers "until religion is all for Allah".<ref>{{Quran|8|39}}</ref> Although a military struggle is envisioned and described by these and similar statements in scripture, they have be employed rhetorically and metaphorically as encouragement for personal, spiritual struggles. There are also rules set out for how to conduct Jihad. On the one hand, wildlife, innocents, and enemies should not be needlessly maimed. On the other, all those who refuse to convert or submit to financial, social, legal, and various other forms of subjugation, be the innocents or combatants, must either be executed or enslaved (this includes sexually, in the case of women and girls).
+Jihad, which literally means ''struggle'', refers in Islamic law exclusively to military activity intended to spread and preserve the Islamic empire. Islamic literature does, however, often avoid this terminological use in order to use it in its literal sense. In this usage, the word Jihad is sometimes interpreted in terms of the personal, spiritual ''internal struggle'' one must at times engage in ''against oneself''. This alternative, metaphorical usage of the word Jihad does not, however, have any legal implications. There are also rules set out for how to conduct Jihad. On the one hand, wildlife, innocents, and enemies should not be needlessly maimed. On the other, scholars of the expansionist-abrogationist paradigm held that aggressive warfare must be conducted to expand the abodes of Islam. Those who refuse to convert or submit to financial, social, legal, and various other forms of subjugation, be they innocents or combatants, must either be executed or enslaved (this includes sexually, in the case of women and girls). Historically, scholars outside of the imperial centres, as well as Islamic modernists and many academic scholars today see a much less aggressive picture in the Quran itself.
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-{{PortalArticle|image=Jihadistsig.jpeg|summary=|title=Jihad in Islamic Law|description=Jihad has been a central imperative in Islamic law throughout history and remains one today. Although the doctrine of global religious and imperial conquest has proven controversial in recent times, particularly when groups have attempted to implement it, the basic contours of the doctrine have remained static since rise of first Islamic caliphates.}}{{PortalArticle|title=Invitation to Islam Prior to Jihad|summary=|image=Muhammad-Letter-To-Heraclius.jpg|description=The practice of inviting non-Muslim nations to join Islam or pay the Jizyah prior to engaging in offensive Jihad was first initiated by the Prophet Muhammad. His example was then followed by the Rightly-Guided Caliphs and the leaders of Islamic empires, codified within the Islamic Shari'ah. Where radical Islamists have today tried to emulate Muhammad and implement this well-established practice, they have generally been faced with widespread criticism.}}
+{{PortalArticle|image=Jihadistsig.jpeg|summary=|title=Jihad in Islamic Law|description=Jihad has been a central imperative in Islamic law throughout history and remains one today. Although the medieval doctrine of global religious and imperial conquest has proven controversial in recent times, particularly when groups have attempted to implement it, the basic contours of the doctrine have remained static since the early Islamic caliphates. On the other hand, many academic and Islamic modernist scholars have questioned the medieval interpretations and their extensive use of the doctrine of abrogation, arguing that from a Quranic basis fighting and jihad are for defensive and pre-emptive purposes. Academic scholars also have much to say about the earliest expedition literature and the ideology at play in early interpretations.}}{{PortalArticle|title=Invitation to Islam Prior to Jihad|summary=|image=Muhammad-Letter-To-Heraclius.jpg|description=The practice of inviting non-Muslim nations to join Islam or pay the Jizyah prior to engaging in offensive Jihad was first initiated by the Prophet Muhammad according to tradition. His example was then followed by the Rightly-Guided Caliphs and the leaders of Islamic empires, codified within the Islamic Shari'ah. Where radical Islamists have today tried to emulate Muhammad and implement this well-established practice, they have generally been faced with widespread criticism.}}
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-{{PortalArticle|image=Vest.png|summary=|title=Suicide Bombing in Islam|description=There are many hadith narrations and Qur'anic verses forbidding suicide, however, there are also some hadith (and one Qur'anic verse related to one of them) which indicate that killing oneself is allowed under certain circumstances. Islamic law has generally been willing to amplify this variety of exception particularly in legal contexts, which has led numerous Islamic jurists to sanction suicide bombing in certain contexts (even where they have not supported the particular movements or groups implementing the practice).}}{{PortalArticle|summary=|image=Wolves.jpg|description="Fard" means Compulsory. Jihad is an Individual duty and is also a community responsibility, or sufficiency duty, for each and every Muslim. While modern voices differentiate between a personal or greater Jihad and a military or lesser Jihad, such a dichotomy is not found in classical and especially early Islamic literature, and finds no endorsement in Islamic scripture, which refers to Jihad overwhelmingly, and some argue exclusively, as a doctrine of military conquest, with the reference to internal struggle being a metaphorical usage.|title=Jihad as Obligation (Fard)}}
+{{PortalArticle|image=Vest.png|summary=|title=Suicide Bombing in Islam|description=There are many hadith narrations and Qur'anic verses forbidding suicide. There are also a small number of hadiths which have been used in Islamic law to sanction attacks on the enemy when death at their hands is a near certainty. This has been taken further by numerous Islamic jurists in recent decades to sanction in certain contexts suicide bombing where death occurs at the attacker's own hands. These interpretations have, however, been heavily challenged in fatwas backed by thousands of scholars, and surveys show that increasing majorities of Muslim populations around the world disapprove of such attacks.}}{{PortalArticle|summary=|image=Wolves.jpg|description="Fard" means Compulsory. Jihad has generally been considered an individual duty at times of great need and otherwise a responsibility that can be fulfilled by a portion of the community. While modern voices differentiate between a personal or greater Jihad and a military or lesser Jihad, such a dichotomy is not found in classical and especially early Islamic literature, and finds no endorsement in Islamic scripture, which refers to Jihad overwhelmingly, and some argue exclusively, as a doctrine of military conquest, with the reference to internal struggle being a metaphorical usage.|title=Jihad as Obligation (Fard)}}
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 *[[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)]]{{col-float-end}}
 ==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.

Portal: Islamic Law: Difference between revisions

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