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==
==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|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.}}
{{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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