File Name: history and importance of islamic law and jurisprudence .zip
- Legal Pluralism and Sharia: Implementing Islamic Law in States and Societies
- Sources of Sharia
Cherif Bassiouni. The Qur'an is the principal source of Islamic law, the Sharia. It contains the rules by which the Muslim world is governed or should govern itself and forms the basis for relations between man and God, between individuals, whether Muslim or non-Muslim, as well as between man and things which are part of creation. The Sharia contains the rules by which a Muslim society is organized and governed, and it provides the means to resolve conflicts among individuals and between the individual and the state. There is no dispute among Muslims that the Qur'an is the basis of the Sharia and that its specific provisions are to be scrupulously observed.
Legal Pluralism and Sharia: Implementing Islamic Law in States and Societies
However, in neither case is there any legal sanction of punishment or reward, nullity or validity. With the death of the Prophet Muhammad in , direct communication of the divine will to human beings ceased, and the terms of the divine revelation were henceforth fixed and immutable. However, revelation can be interpreted in varying ways, and, over time, the diversity of possible interpretations has produced a wide array of positions on almost every point of law.
The question of which interpretations become normative at any given time is complex. Early Western studies of Islamic law held the view that while Islamic law shaped Muslim societies, the latter had no influence on Islamic law in return. However, this position has become untenable. Social pressures and communal interests have played an important role in determining the practice of Islamic law in particular contexts—both in the premodern period and to an even greater extent in the modern era.
With the appointment of judges, or qadis , to the various provinces and districts, an organized judiciary came into being. The qadis were responsible for giving effect to a growing corpus of administrative and fiscal law, and they pragmatically adopted elements and institutions of Roman -Byzantine and Persian-Sasanian law into Islamic legal practice in the conquered territories.
Beginning in the second half of the 8th century, oral transmission and development of this science gave way to a written legal literature devoted to exploring the substance of the law and the proper methodology for its derivation and justification. Article Contents. Print print Print. Table Of Contents. While every effort has been made to follow citation style rules, there may be some discrepancies. Please refer to the appropriate style manual or other sources if you have any questions.
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External Websites. Library of Congress - What is Sharia Law? Muslims for Progressive Values - Sharia Law. Articles from Britannica Encyclopedias for elementary and high school students.
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Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems. Historically, sharia was interpreted by independent jurists muftis , based on Islamic scriptural sources and various legal methodologies. Sharia is a religious law forming part of the Islamic tradition. Classical jurisprudence was elaborated by private religious scholars , largely through legal opinions fatwas issued by qualified jurists muftis. It was historically applied in sharia courts by ruler-appointed judges , who dealt mainly with civil disputes and community affairs. In the modern era, traditional laws in the Muslim world have been widely replaced by statutes inspired by European models.
Sources of Sharia
The following below websites and books present English translations of the Qur'an and the Sunnah and other sources as well. It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.
Between multiculturalism and islamophobia, allowing Sharia to govern certain aspects of Muslim lives has emerged as a frequently debated issue in several Western countries, such as the UK , the USA Macfarlane, , Australia, France , Germany , Canada , and so on. This debate is no less vivid in predominantly Muslim countries.