Origin Of Islamic Law Essay

Introduction

The endeavor to understand the origins and evolution of Islamic law can be daunting. This subject – whether from the standpoint of a historian or theologian – is largely fraught with complexities and inconsistencies. Many traditions and opinions exist as to how and when Islamic law actually developed in its entirety. Therefore, a necessary cross-examination of a variety of early sources, coupled with an elaboration on the traditional historicity of Islamic code, will provide a great degree of clarity on the matter. It should be noted that the intention is not to blaspheme Islam as a religion, but rather decipher some of its possible origins. Additionally, this history of law spans over thirteen centuries, and a myriad of information could be implanted into the discussion. However, in order to focus on the early origins of Islamic law, our scope of interest will not extend beyond the 10th century CE.

Early sources of Islamic Law

To comprehend Sharia and its origins, one need begin at the source, which is to say, at the time of Muhammad; however, it must be reiterated that the origins of Islamic law are rather enigmatic. Even by examining the traditional history of Islam in conjunction with non-Islamic sources of the same time period, the true origins of Sharia law become difficult to decipher.

For instance, according to Islamic tradition, the angel Gabriel visited Muhammad in the year 610 CE. Traditional scholars explain that from 610 CE to 632 CE Muhammad was in the process of receiving revelation (which would be compiled in the Quran) and establishing an actual religious empire in Arabia BASHARAT PG 50. Thus, by the time of the prophet Muhammad’s death in 632 CE, Islam had two primary sources of law and religion,...

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...nfluential among the schools; however, the myriad of institutions and their differing interpretations on legal matters still serve to create a complex and dense law system.

Conclusion

The attempt to understand the origins and evolution of Islamic law can be daunting. As has been indicated, this matter is largely fraught with complexities and inconsistencies. Some clarity has been added as a study was done of the Islamic tradition and contemporary sources. As the history and resources from scholars has shown, the true history and development of Islamic law into the Sharia that exists today is still an on going debate. Yet, despite its suspect and complex origins, Islam has remained an ever-pervasive topic in contemporary religious discussions. The true sources of Islamic law continue to be an expanding field of study and will probably remain as such for some time.