June 9th: authority in Islam Flashcards
(11 cards)
Sharia
Islamic law, refers to God’s immutable divine law
Fiqh
Islamic jurisprudence, the human understanding of the divine Islamic law as revealed in the Qur’an and the Sunnah
Fatwa
Implementations of the fiqh. considered opinion by a scholar on a certain subject
Qadi
A Muslim judge who renders decisions according to the Shari’ah
Three perspectives on the relationship of theology and law
- orientalist: Islamic law at the heart of Islam, theology seen as a political weapon
- revisionist: theology and law rose at the same time, jurisprudence took over
- pragmatist: theology and law are inseparable, each has an influence on the other
Schools of law in Sunni Islam
Maliki
Hanbali
Hanafi
Shafi’i
Distinction between Dar al-Islam vs Dar al-Harb
Dar al-Islam: territories of Islam
Dar al-Harb: territories of war
replacant of Dar al-Harb
Dar al-Da’wa, territories of invitation
Elements of Fatwa
Fatwa: considered opinions
introductory words, answer, evidence, detailing argument, conclusion and/or few formula sentences
Istifta
Question which will be answered by a fatwa
Al-Ahkam al-Khamsa, five judgments
Sharia rulings fall into one of five categories fard/wajib: obligatory Mustahab/ mandub: recommended halal/ mubah: neutral makruh: disliked haram/mahzur: forbidden