This article is about Islamic religious law. For the fictional character in One Thousand and One Nights see Shahryar.
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Sharia (Arabic: شريعة transliteration: Šarī'ah) is the dynamic body of Islamic religious law. The term means "way" or "path to the water source"; it is the legal framework within which the public and some private aspects of life are regulated for those living in a legal system based on Muslim principles of jurisprudence.
Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business, contracts, family, sexuality, hygiene, and social issues.
There is no strictly static codified set of laws of sharia. Sharia is more of a system of devising laws, based on the Qur'an (the religious text of Islam), hadith (sayings of Muhammad pbuh), ijma, qiyas and centuries of debate, interpretation and precedent.
Before the 19th century, legal theory was considered the domain of the traditional legal schools of thought. Most Sunni Muslims follow Hanafi, Hanbali, Maliki or Shafii, while most Shia Muslims follow Twelvers (Hallaq 1997, Brown 1996, Aslan 2006).
Etymology
Mainstream Islam distinguishes between fiqh ("understanding of details"), which refers to the inferences drawn by scholars, and sharia, which refers to the principles that lie behind the fiqh. Scholars hope that fiqh and sharia are in harmony in any given case, but they cannot be sure.
obligatory
meritorious
permissible
reprehensible
forbidden
shahada
salat
zakat
sawm
hajj In the context of Islam
The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory.
History
During the 19th century the history of Islamic law took a sharp turn due to new challenges the Muslim world faced: the West had risen to a global power and colonized a large part of the world, including Muslim territories. Societies changed from the agricultural to the industrial stage. New social and political ideas emerged and social models slowly shifted from hierarchical towards egalitarian. The Ottoman Empire and the rest of the Muslim world were in decline, and calls for reform became louder. In Muslim countries, codified state law started replacing the role of scholarly legal opinion. Western countries sometimes inspired, sometimes pressured, and sometimes forced Muslim states to change their laws. Secularist movements pushed for laws deviating from the opinions of the Islamic legal scholars. Islamic legal scholarship remained the sole authority for guidance in matters of rituals, worship, and spirituality, while they lost authority to the state in other areas. The Muslim community became divided into groups reacting differently to the change. This division persists until the present day (Brown 1996, Hallaq 2001, Ramadan 2005, Aslan 2006, Safi 2003).
Secularists believe the law of the state should be based on secular principles, not on Islamic legal theory.
Traditionalists believe that the law of the state should be based on the traditional legal schools. However, traditional legal views are considered unacceptable by most modern Muslims, especially in areas like women's rights or slavery.
Salafis strive to follow Muhammad and his companions, tabiin (followers of the Companions), tabiut tabiin (followers of the tabiin) and those who follow these 3 generations. Modernity
There is tremendous variance in the interpretation and implementation of Islamic Law in Muslim societies today. Liberal movements within Islam have questioned the relevance and applicability of sharia from a variety of perspectives; Islamic feminism brings multiple points of view to the discussion. Several of the countries with the largest Muslim populations, including Indonesia, Bangladesh and Pakistan, have largely secular constitutions and laws, with only a few Islamic provisions in family law. Turkey has a constitution that is officially strongly secular. India and the Philippines are the only countries in the world which have separate Muslim civil laws, framed by Muslim Personal Law board, and wholly based on Sharia and the Code of Muslim Personal Laws of the Philippines. However, the criminal laws are uniform. Some controversial sharia laws favour Muslim men, including polygamy and rejection of alimony.
Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Laws derived from sharia are also applied in Afghanistan, Libya and Sudan. Some states in northern Nigeria have reintroduced Sharia courts.
Contemporary practice
Sharia law is divided into two main sections:
See mu`amalat laws according to five major schools of jurisprudence and The Majallah.
The acts of worship, or al-ibadat, these include:
- Ritual Purification (wudu)
Prayers (salah)
Fasts (sawm and Ramadan)
Charities (zakat)
Pilgrimage to Mecca (hajj)
Human interaction, or al-mu'amalat, which includes:
- Financial transactions
Endowments
Laws of inheritance
Marriage, divorce, and child care
Foods and drinks (including ritual slaughtering and hunting)
Penal punishments
Warfare and peace
Judicial matters (including witnesses and forms of evidence) Topics of Islamic law
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- Financial transactions
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