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Short note on Islamic Law
Short note on Islamic Law
Short note on Islamic Law
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Islamic law may be hard to understand from a western perspective. There are many similarities, such as the way trials convene, but also many differences. The structure of Islamic Law and what they base their law on is vastly different than our own. In this essay, I am going to cover some of the major topics of Islamic Law. This includes Sharia, and how laws are derived from it. What is Fatwa, and why it is needed. How family practice law works and how it pertains to women. I will then finish with Islamic jurisprudence. Let us begin with Sharia. Sharia is commonly understood to be a set of rules given by Allah. These laws given by Allah extend through social, political and personal life. Like the Hebrew Torah, Sharia gives direction …show more content…
Such laws pertain to actions such as divorce, adoption and abuse protection. One important aspect when we talk about family law is to understand the equality of the genders. Women and men are treated equally. At first this idea of Islamic equality is not fully understood in western cultures. This has to do with the western idea that all people are equal. In Islamic culture, "equality is understood as each gender has a specific and well-defined role, and even though those roles are different and must be strictly adhered to, they are equal as regards commitment to the umma" (p.63). So by this definition, women are equal, not because they have the same rights and roles as men, but rather, because the roles are important to their gender and the importance are to the Muslim people and society as a whole. According to this way of thought, issues that the west sees with gender equality do not phase the Islamic culture. These issues, such as the wearing of a burka, are therefore not seen as a repression of women, but in many cases empowering to women. This can be for a variety of reasons, such as abiding Allah 's will, a sense of dignity and even freedom as we talked about in class. Along with this, Sharia is impartial to gender when it comes to marriage. By this I mean that it views marriage as sacred, and even though it allows for divorce, Quran 2.266 tells the men to wait four months before finalizing the …show more content…
This has been a large debate in recent years between traditionalists and modernizers. The problem with participating in the development of Islamic democracy is that according to traditionalist it is not of the Quran. Traditionalists give five reasons for their views which are: Allegiance bids a person to follow another, not election. A Muslim should not seek power through political offices. Muslims can only follow other Muslims. If a Muslim chooses to follow, they must do so wholeheartedly and do what they are asked of by their leader. Finally, elected office does not follow shura. Due to the fact that these ideas come from the Quran, it is difficult for modern reformers bring Islamic ideals to democracy as well as to satisfy, or abolish, the five anti-theses. Some of the ways that they are beginning to do this is by keeping the relationship between Allah and man the same, for this law is eternal, and changing the relationship between man and man. The latter of the two, called muamala, should be based on history rather than a set rule that never changes. Finally, the idea of dar al shahada, tokened by Tariq Ramadan, should take effect. Dar al shahada changes the way the Islamic world looks at the west from one of warfare and sin, but to one of
EMON Anver M., “The Limits of Constitutionalism in the Muslim world: History and Identity in Islamic Law”, New-York Law School, Islamic Law and Law of the Muslim World Research Paper Series 08-09, 37 pages. Accessible at: http://ssrn.com/abstract=[1086767]
The Vedas is a book used in Hinduism while the Quran and the Bible are used by the Muslims and Christians. The three texts discuss law and spirituality. In additional to enhancing spirituality, the holy texts impose the rule of law on their subjects. The texts have forged laws that are currently being implemented by the legal orders. The laws are applied nationally and internationally in support of the legal orders. For instance, the Quran is the supreme l...
The Quran also emphasizes the community of believers rather than being a distinct political community or organization. In this regard, the Quran never says that Muslims should establish an Islamic state per se as a true and authentic political system and authority for Muslims to implement the teachings of Islam. But, the Quran wants from Muslims to follow the fundamental principles provide good governance at any level and form. For example, rules of law (Shura), accountability, transparency, justice, equity, religious freedom, emr bil maruf wa nahi an al-munkar, ihsan, and others. Unfortunately, the majority of contemporary Muslims have given more attention on political power and structures rather than the moral values and spiritual meaning of the
In Islam women are given many rights, such as owning properties, having an education, working, and marrying who she wants. In the Holy book, the Qu’ran, it explains that women are allowed to own inheritance or properties. However, it is less than, for instance, the brother of a woman, because when she marries she can combine her inheritance with her husbands. “…a male shall have as much as the share of two females; but if their be females only, numbering more than two, then they shall have two-thirds of what the deceased leave; and if there be one, she shall have half.” (4:12, Qu’ran). Having an education is very important to the religion of Islam; and Islam deeply encourages it. There are also a great deal of criticism about women and marriage and how she is forced to marry whoever the woman’s parents want but that is not true. In the Qu’ran it states in chapter 4 verse 20 that “It is not lawful for you to inherit women against their will, nor should you detain them wrongfully that you may take away part of that which you have given them,” The religion is on the side of a woman just as much as a ...
The evolution of legal doctrine of the ancient schools of law, from the time after Mohammad...
Before the revolutionary idea of systematic legal reasoning was introduced by Imam al-Shafi’i, the society followed sharῑ’a and opposed such an idea but soon it became permanent. Sharῑ’a is an Islamic legal theory that derived from a high divine source and embodied God’s justice and will and at the time mirrored the society’s character. Jurists believed in this theory for generations and believed the idea of syste...
Islamic Sharia Law in commercial transactions involves several prohibitions such as those of riba and gharar. Muslim scholars have agreed that the damages caused by dealing with usury and gharar outweigh their benefits; they are forbidden in the Quran and Sunna. However, this prohibition does not necessarily mean that all contracts which contain gharar are invalid; for example, sallam contracts contain gharar. The reason for this is that the benefits have overshadowed the harms. Therefore, the objective of this essay is to analyse Islamic rules in the prohibition of both usury and gharar in an attempt to demonstrate that, although they are prohibited because their harms outweigh their benefits, in some contracts gharar is allowed. Thus, this reflects the flexibility of Islamic law and how it is able to be modified to adapt to the rapid economic development.
Islamic inheritance is one of the most important thing in islamic law. In legal terminology, it means inheritance must be divided from the property of the deceased among his successors. Inheritance also prominently dealt with in the quran and its often called ‘mirath’. All muslims are expected to follow and implement the rules of islamic inheritance. As we know islamic inheritance has been pre-ordained by Allah s.w.t in a wise and gradual manner in order to allow for its evenness with the judiciary and human nature which it can make difficult to change their normal practice.
Islamic law is also known as Sharia Law. Islamic law is a matter that fall within the state list under the Federal Constitution. Islamic law applied only for Islam and administered not only in Syariah court, but also the Civil courts. Syariah court is an inferior court. It unlike the high court which are established by the Federal Constitution. Instead, Syariah court has been equated to the session court and magistrates’ court. Based on Mohamad (2011) the law published within the respective state gazettes such as Kelantan and Terengganu. The matters that covered by Islamic laws included morality, inheritance, marriage and divorce (Hays, 2008). There are laws in Malaysia’s more Islamic such as Muslim will be punished by six months in jail when they have miss the Friday prayers three weeks in a row. As reported by Herald Malaysia online (2017), exclusive jurisdiction has been given to the Syariah courts in the administration of Islamic laws by Article 121 (1A) of the Constitution of Malaysia.
There is actually no one document called the Sharia. Sharia is just the name encompasses all Islamic law. When Muslims need a document to look to they will look to the Koran. The law has been interpreted by Muslim scholars over time. The Muslim people respect Sharia law very much so, and are interested in preserving it’s teachings. Sharia law is has it’s own full functioning court system, with ways to punish perpetrators, and appeal cases, as well as providing guidelines for how to live a proper Muslim life style. The practices may be old, and maybe even outdated but they are greatly respected, as well as controversial throughout the world.
Ever since the beginning of time, religion has caused division. Whether is be how people practiced their beliefs or spread their beliefs, religion has caused problems. Christianity and Islam are two of the largest religions on the world stage and they seem to have similar beliefs, but looking closely, that is not the case. There are problems that arise between the two religions that have cause issues that no one can ignore. This paper will look at the characteristic belief of Sharia law, and how it has caused issues between Islam and Christianity.
Islamic Law has found its origin or we can say that it is satuted from a command which was directed towards the Mankind from Allah. The word mentioned as Command is known as Ahkam/Hukm in Arabic which means “A communication from God, which relate to the acts of subjects through demand or option or through declaration”.
... both establish the oneness of God and to reflect the interests of people. Most of these are core democratic values. There is no prohibition for mankind, the thinkers, and their leaders to think about forms and other means, perhaps a new way that will lead to a better and ideal Islamic society on par with the modern age. However, to simplify the matter and realize them into human reality, we see that we have to take some things from the ways of democracy to pursue justice, consultation, respect for human rights, and stand against the tyranny of the arrogant rulers in advance this earth. Taking everything into consideration, we can say that, although the term “democracy” alludes to different interpretations, it is not so foreign to Islam; Islam doesn’t reject democracy as a political structure and as a concept of freedom (except its concept of sovereignty of one God.
Democracy has come to mean a principle under whose flag has most of the developed countries aced in their race for Imperialism. It has gone beyond all previous governing systems and has made room for progress and development. By offering free and fair elections, democracy has redefined human dignity and patriotism. It has also helped to improve decision-making among the citizens, and brought down the crime level. Democracy is for sure the most fitting among the other types of government, and needs to be implemented fully for effective functioning of a state.
Sharia law in the life of a Muslim is very important as well. Sharia is the waterway that leads to a main stream for Muslims. Basically, it’s a certain path or passage that ultimately leads to greater things in life. Sharia is based on regulations, values, and teachings. According to sources, “Shariah embraces worship, morals and conduct, as well as it embraces the political, social and economic, as well as other spheres. The Shariah, therefore, is a path - set by Allah for those who accept Him - to follow, in order to attain success both in the worldly life and in the hereafter.” This basically explains in short detail the significance of