Week 9 - Islamic legal systems Flashcards
(12 cards)
What is divine law?
Divine law refers to law believed to come directly from a divine source, such as God or a higher spiritual power, rather than from human authority.
When studying Islamic law, it is important to keep a few things in mind about the Islam as a whole. What things do we need to keep in mind?
The islam is not only a religion, it is also a religion. It is a comprehensive system that influences various aspects of life. It doesn’t just address spiritual matters, it also governs daily life.
Of which two key elements is Islamic law a translation?
- Sharia;
- Fiqh.
One key element of Islamic law is the Sharia. This has a triple meaning. What three meanings does it have?
- The religious law. This includes dogmas, rituals, moral and legal prescriptions, revealed by god to muslims, jews and christians.
- The religious path revealed to muslims. It signifies the religious path muslims are supposed to follow, guiding both their actions and their conscience.
- The religious law revealed to muslims. This is a set of rules that govern human behavior.
What are the four main sources of law in the Sharia?
- Quran. It is the sacred book of Islam and contains revelations that the prophet Muhammad received from the archangel Gabriel.
- Sunna. These include traditions about the prophet Muhammad’s actions and sayings. They provide practical guidance for muslims to apply the principles and teachings of the quran.
- Ljma. The concensus of the Muslim community.
- Qiyas. This involves making legal analogies. When faced with a new situation or issue not addressed in the quran or sunna, Islamic jurists use qiyas to derive legal rulings by comparing it to similar situations.
The second key element of Islamic law is fiqh. What is this?
Fiqh is the science of Islamic law. It involves extracting specific rules for human actions form the sources of the Sharia, governing how muslims should behave in various situations. It is the practical application of Sharia in specific contexts and situations.
The Sharia and Fiqh thus coexist within the general concept of Islamic law.
In some countries, Islamic law coexists with state law. What role does Islamic law have in those systems?
Islam may be declared the state religion, influencing various aspects of the legal systems, but the extent to which Islamic principles influence the legal culture can vary.
In some cases, Islam may simply echo through the system of values, whilst in others it is deeply ingrained in the legal framework.
Despite differences, one thing Islamic countries all have in common is that a majority of the population is muslim.
What happened during the Arab Spring?
During the Arab Spring, protestors demanded both Islam and democracy. They saw secular government as associated with repression and colonialism.
According to them, bringing the Islam and Sharia into constitution is seen as a way to distance from political decay and corruption.
Why was bringing the Islam and Sharia into constitution so popular?
- Because of the colonial history.
- Because of the consideration of the Sharia as a model of good governance.
- The idea that distance from Islam leads to political decay and corruption.
- Islam provides the symbolism of contestation against injustice.
What is the main issue of Islamic constitutionalism?
The main issue of Islamic constitutionalism, is figuring out how to include Islam in the constitution effectively.
Most constitutions in Muslim majority countries contain notion of Islam and Sharia ranging from stricter versions to the more flexibel ones.
The role of Islam can take on a different meaning depending on wether it represents a value system, the state religion, a source of law or the main source of law.
In most Islamic constitutions, there are Islamic clauses. What types do we know?
- State religious clauses. This is the most popular clause. It establishes Islam as the state religion.
- Clause referring to Islam as the source of law.
- Clause that establishes that the head of the state or government has to be muslim.
- Clause that establishes an advisory religious body.
- Rights: some countries limit some constitutional rights to what is permitted under Islam.
What is the role of the Islam in Egyptian law and constitution?
The past 100 years, Islam has always had a big role in Egyptian law and in it’s constitution. In it’s first constitution, Islam was named the state religion.
Later, the Sharia was declared as one of the sources of law, with it later becoming the main source of law.
