T1: SHARI'A Flashcards
Intro to Shari’a
Shari’a is often referred to as Islamic law.
The word Shari’a means ‘straight path’, refers to the path of the righteous and the one that will lead Muslims to please Allah and ultimately enter paradise. Generally expected to be followed as it was created by Allah.
Guide Muslims on family matters, political systems and how to live an ethical life.
Shari’a is derived from 4 sources - the Qur’an, the Sunnah & Hadith, Qiyas and Ijma. The first 2 being primary sources of Shari’a and the last to being secondary sources.
The Qur’an
Shari’a is derived from the Qur’an in the sense that this religious scripture contains moral rules and laws for humanity that have come from Allah.
The Qur’an is the ultimate and final message of God and there’s no evidence to suggest it has been altered in any way. Primary source of Shari’a.
Was revealed in the Arabic language over a period of 23 years and consists of 114 chapters.
Considered to be the word of god revealed to Muhammad through angel Jibril (Gabriel).
The Qur’an contains rules, commandments and general guidance for al aspects of living - religion, politics and family life.
As a book, its considered to be a source of great authority as it is regarded as the word of God and a source of wisdom due to the guidance it provides.
It states: “Indeed, it is we who send the Qur’an and we indeed, we will be its guardian”.
The Sunnah & Hadith
Another primary source of Shari’a is the Sunnah & Hadith, both of which relate to Muhammad.
Muhammad isn’t seen as a divine figure, but is regarded as the perfect example of a human being, therefore Muslims try to emulate his sayings, actions and mannerisms.
The Qur’an is seen as the word of God and something that provides Muslims with broad commands. Tts the Sunnah of the prophet that gives specific detail on how to abide by these commands.
‘Sunnah’ refers to Muhammad’s actions and the way he did things - how to eat, be polite, how to pray and perform pilgrimage.
For example, the Qur’an will provide broad commands that state praying is obligatory. Through the Sunnah, Muslims will learn how to pray, the actions to perform and when to pray.
The Hadith is a collection of books that contain information on Muhammad in relation to his character, his sayings and teachings.
For example, a saying attributed to Muhammad is “if you love the poor and bring them near yo, Allah will bring you near him on the day of judgement.”
In the years after his death, stories and sayings attributed to him were passed on to others by his companions through word of mouth. However, this caused on issue approximately 200 years later as some suggested these stories and sayings could have been fabricated or inaccurate.
To clear up confusion, several scholars came together compiling a list of hadith that were reliable and authentic this is now the books of the Hadith.
The Sunnah & Hadith were used by scholars in early years of Islam to create Islamic Law.
Ijma
Secondary source of Shari’a.
Word Ijma translates as ‘consensus’ and allows Muslims to deal with contemporary issues.
Refers to when Muslim scholars and leaders come together and agree on an answer to an issue which cant be answered using the Qur’an or the Sunnah & Hadith.
The concept is similar to the idea of voting in a referendum, however, the answer has to be something within the boundaries of the Qur’an and the Sunnah & Hadith. Human consensus cannot overrule the word of God or the prophets teachings. (Secondary sources of Shari’a cant overrule primary sources)
The concept of Ijma and its relevance is debated by Muslims in contemporary society:
- Some argue Ijma should only be limited to a few generations after the death of Muhammad because those people had a direct link to the prophet, so they were able to be trusted to decide matters in line with his teachings.
- Furthermore, Islam being represented in every part of the word, getting a consensus amongst scholars and leaders is impossible and so Ijma should no longer be used.
Qiyas
Secondary source of Shari’a.
Is the idea of using your opinion to decide a certain matter.
Using an informed opinion, an opinion taken from original teachings (Qur’an, Sunnah, Hadith) and applying it to a new situation is known as Qiyas.
Like Ijma, the decided answer must be permitted and within the boundaries of the teachings of the Qur’an, Sunnah & Hadith.
For example, the action of smoking cannabis is not mentioned in the Qur’an, however, it does state that alcohol is haram (forbidden) because it intoxicates the body. From this we can conclude that cannabis is forbidden because it too intoxicates the body.
Role and Importance of Shari’a: Intro
Due to its all encompassing nature, Shari’a is considered a comprehensive guide to life.
This raises the question of how it should be used and implemented.
The way that it is used differs from time to time and country to country.
3 important ideas include:
1 ) Shari’a as a civil law
2) Shari’a as a religious law
3) Shari’a as a moral guide
1 ) Shari’a as a civil law
role and importance of Shari’a
In the UK there are 2 types of law, criminal and civil.
Criminal cases are pursued by the police (stealing).
Civil cases are pursued by the individual (breaking a contract).
Historically, Shari’a was always used as a civil law, any case was persued as civil matters by the victim or victim family.
Due to the importance of Shari’a to Muslims certain countries such as the UK have allowed their Muslim residents to deal with certain matters using Shari’a such as divorce (family matters). these are known as Shari’a courts.
However, some see these Shari’a courts as problematic as they are based on teachings in the Qur’an and the Sunnah & Hadith. Some argue the teachings are outdated, especially rulings on homosexuality being wrong.
Despite the existence of Shari’a courts, they are not considered part of the UK legal system and therefore decisions made here are not legally binding.
2 ) Shari’a as a religious law
role and importance of Shari’a
Shari’a helps Muslims on the straight path - right way to live.
In relation to what’s important, some believers argue deeds and actions are most important, whilst others argue intention and belief are.
Judging intentions is difficult through Shari’a, as a result scholars who were tasked with interpreting God’s law compiled a list of actions that are permitted or forgiven and placed these actions in 5 categories:
1)Fardh - compulsory actions = the prayer Salah and the giving of Zakkah
2)Mustahab - actions which are recommended = voluntary prayers (Sema) and marriage.
3)Halal - actions that are permitted/allowed = choice of profession, political choices, leisure activities.
4)Makruh - discouraged/disapproved of actions = overeating and abortion.
5)Haram - forbidden actions = drinking alcohol and stealing.
Everything appears straightforward, but it recognises that circumstances change. For example, fasting during the month of Ramadan is Fardh but if a person is ill, they would be exempt from this period of fasting.
Intentions of a person are still largely important. For example, drinking alcohol is seen as Haram but if a person did so by mistake they would not be punished.
The extent to which Shari’a law as a religious law is implemented varies from country to country.
3 ) Shari’a as a moral guide
role and importance of Shari’a
Alongside being used as a civil and religious law, Shari’a can also be used as a moral law/ethical guide. Showing a person what’s right/wrong from a moral perspective.
Using Shari’a as a moral guide is something that is an individuals choice.
A person may refrain from gossiping and lying as the prophets refrain from these ( seen in Muhammad’s Sunnah).
Muslim leaders set up Shari’a courts to deal with bigger moral issues such as adultery and homosexuality. This shows Shari’a can also be used as a system of law to enforce a code of morality. This can be seen in countries such as Saudi Arabia.
Different understandings of Shari’a: Intro
Shari’a instructs that in countries where Muslims are the minority, they are expected to follow the rules/laws of the land they live in as a sign of respect.
For example, the 3.5 Muslims living in the UK are expected to follow UK law.
However, in countries where they make up the majority, they are expected to live under Shari’a Law.
Different countries tend to have different teachings on Shari’a and this can be seen in the way Shari’a is implemented.
1 ) Saudi Arabia
Different understandings of Shari’a
A country ruled by a powerful family known as the House of Saud who favour a particular strand of Islam known as Salafism
This is a traditional idea that takes a literal/strict approach to Islam. They believe that scholars are not needed to interpret Shari’a teachings, they believe the best way to understand what God wants humanity to do is by looking at the life of Muhammad and the lives of his companions.
Saudi Arabia implements a strict version of Shari’a.
2 ) Iran
Different understandings of Shari’a
The majority of Muslims in Iran identify as Shi’a Muslims, which is a minority sect in Islam. The countries moral code is formed by interpretations of Shari’a by Shi’a scholars.
Shi’a’s believe Shari’a can only be interpreted by descendants of Muhammad, being from the bloodline makes them special.
Like the UK, Iran has a parliament which is tasked with passing laws, however, before any law is passed it must first be passed by Shi’a scholars to ensure that it is consistent with the teachings of Islam.
3 ) Turkey
Different understandings of Shari’a
A country that was originally ruled by the Ottoman Empire for 6 centuries.
The Ottomans followed Sunni Islam and lived under Shari’a.
They believe Shari’a should only be interpreted by scholars - someone who is educated in the field of Islam and is fluent in Arabic.
When Mustafa Ataturk became president of Turkey, he abolished the Ottoman Empire and Turkey became a secular country with secular laws.
Interpretation of Shari’a
Shari’a is Islamic law that has been derived form 4 sources: the Qur’an, the Sunnah & Hadith, Ijma and Qiyas.
Muslims generally believe that in order for them to understand Shari’a law it must be interpreted.
The Role of a Mujtahid :
Interpretations of Shari’a
A Mujtahid is a scholar who has an in depth knowledge of the Islamic religion and is fluent in Arabic. They are tasked with creating new rulings which are then used by judges in Shari’a courts.
The process of creating a new ruling is known as Ijtihad.
In early years of Islam after the death of Muhammad there was no need for Mujtahids as it was felt that Muhammad’s companions would be able to interpret God’s law due to their direct link to Muhammad.
However, a couple centuries later, as the direct link lessoned the need for Mujtahids arose.
These Mujtahids used their knowledge to interpret Shari’a and these interpretations lead to different schools of thought such as Hanafi and Shafi.
Years later it was felt that people could no longer take on the role of a Mujtahid as they didn’t posses the in depth knowledge that is required to interpret Islamic law.
Here it was felt that Taqlid should be used instead.
