The Islamic legal system

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The Islamic legal system: Sharia law General characteristics The history of

The Islamic legal system:
Sharia law
General characteristics
The history of its Development
Sources

of law
Example (From the family law)

PLAN

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The Islamic legal system:

The Islamic legal system:

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1- Sharia law Sharia is Islam's legal system. It is derived

1- Sharia law

Sharia is Islam's legal system. It is derived from the

Quran, Islam's holy book, as well as the Sunnah and Hadith - the deeds and sayings of the Prophet Muhammad. ... Sharia acts as a code for living that all Muslims should adhere to, including prayers, fasting and donations to the poor.
The classical sharia system is exemplified by Saudi Arabia and some other Gulf states. Iran shares many of the same features, but also possesses characteristics of mixed legal systems, such as a parliament and codified laws.
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2- General characteristics After a lot of researches concerning Islamic law,

2- General characteristics

After a lot of  researches concerning Islamic law, the

scholars of  Islam had found therein a number of  characteristics features including:
First, it based on divine sources because the Islamic  law, its principles, its methods are derived from Glorious Quran and Sunna  of the prophet Muhammad( peace be upon hi). 
Allah the almighty  says about Holy Quran: « falsehood cannot come to  it from before it or behind it: ( it is) sent down by all wise, worthy of praise ( Allah ) » ( Fussilat 41: 42).
Allah the almighty says about sunna of prophet:« nor does he speak of his own desire, It is only a revelation »   
Second, it is comprehensive in terms of its ruling, methods, and ethics. therefore It covers all aspects of life. Allah says: « And there is no creature on the earth or bird that flies with its wings except (that they are) communities like you. We have not neglected in the Register a thing. Then unto their Lord they will be gathered» ( 6: 38)
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Third, It is universal in a way that is not only

Third, It is universal in a way that is not only limited 

to a specific human race, certain places, or color.rather.it is guidance for all humanity. Allah the almighty says: « and we have sent you (o Muhammad) except as a mercy to the worlds » (Al-Anbiya 21:107)  
Forth, It is moderate and balanced in terms of its view of man with its two essential components, namely the spiritual and the physical aspects of his nature. Allah the Almighty says:« But seek, through that which Allah has given you, the home of hereafter; and yet  do not forget your share of the world » ( AlQasas 28:77)
fifth, it is rational and realistic because it deals with tangible facts, not illusions and superstitions.
sixth, it is easy and free of hardships ;« Allah the exalted says: Allah intends for you ease and does not intend for you hardships»  (Al-Baqarah 2:185)[1] 
finally, this is our wonderful  religion which was named  Islam, so do not think that Islam is only a system of belief, but it is  comprehensive  way of life for all human being.

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3- The history of its Development Before Islam, the nomadic tribes

3- The history of its Development

Before Islam, the nomadic tribes inhabiting

the Arabian peninsula worshiped idols. These tribes frequently fought with one another. Each tribe had its own customs governing marriage, hospitality, and revenge. Crimes against persons were answered with personal retribution or were sometimes resolved by an arbitrator. Muhammad introduced a new religion into this chaotic Arab world. Islam affirmed only one true God. It demanded that believers obey God’s will and laws.
The Koran sets down basic standards of human conduct, but does not provide a detailed law code. Only a few verses deal with legal matters. During his lifetime, Muhammad helped clarify the law by interpreting provisions in the Koran and acting as a judge in legal cases. Thus, Islamic law, the Sharia, became an integral part of the Muslim religion.
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Following Muhammad’s death in A.D. 632, companions of Muhammad ruled Arabia

Following Muhammad’s death in A.D. 632, companions of Muhammad ruled Arabia

for about 30 years. These political-religious rulers, called caliphs (KAY liff), continued to develop Islamic law with their own pronouncements and decisions. The first caliphs also conquered territories outside Arabia including Iraq, Syria, Palestine, Persia, and Egypt. As a result, elements of Jewish, Greek, Roman, Persian, and Christian church law also influenced the development of the Sharia.
Islamic law grew along with the expanding Muslim Empire. The Umayyad dynasty caliphs, who took control of the empire in 661, extended Islam into India, Northwest Africa, and Spain. The Umayyads appointed Islamic judges, kadis, to decide cases involving Muslims. (Non-Muslims kept their own legal system.) Knowledgeable about the Koran and the teachings of Muhammad, kadis decided cases in all areas of the law.

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Following a period of revolts and civil war, the Umayyads were

Following a period of revolts and civil war, the Umayyads were

overthrown in 750 and replaced by the Abbasid dynasty. During the 500-year rule of the Abbasids, the Sharia reached its full development.

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4- Sources of law (The Qurʾān and the Sunna) The two

4- Sources of law (The Qurʾān and the Sunna)

The two primary

and transmitted sources of Islamic Law are the Qurʾān and the Sunna (Prophetic traditions and practices). This combination of the two crucial sources of Islamic Law is seen as a link between reason and revelation. Indeed, the marriage between these two sources has resulted in the emergence of Islamic Law [8: p. 15].
The Qurʾān is considered the most sacred and important source of Islamic Law, which contains verses related to god, human beliefs and how a particular believer should live in this worldly life. The human conduct that should govern the believers’ life, which is clearly stated in the Qurʾān, is indeed the domain of Islamic Law. The Qurʾān comprises about five hundred legal verses that explicitly set out legal rulings that need to be applied by all believers [8: p. 16]. Even non-legal verses in the Qurʾān do support the establishment of the legal system of Islami.
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The second primary and transmitted source of Islamic Law is the

The second primary and transmitted source of Islamic Law is

the Sunna, which represents the Prophet Mohammad’s (peace be upon him) deeds and sayings, which were formulated in the form of narratives and became known as Prophetic Ḥadīth [8: p. 16].
The Sunna also comprises a number of legal provisions that must be applied by all believers of Islam. Certain legal rulings in these transmitted Islamic sources are definitive. In other words, the law-giver (God) has formulated them in such a way which does not need personal legal reasoning and is not open to different interpretations as they are clear and definitive.

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Conversely, there exists a corpus of legal contents stated in both

Conversely, there exists a corpus of legal contents stated in both

the Qurʾān and the Sunna, the application of which requires reasoning. The law-giver who has formulated certain legal rulings stated in the Qurʾān and the Sunna in such a way that never accepts two different interpretations, could have also done the same with regard to the rest of legal contents laid down in the aforementioned Islamic sources.

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Sources of law (Legal Reasoning) Legal reasoning (ijtihād) is an untransmitted

Sources of law (Legal Reasoning)

Legal reasoning (ijtihād) is an untransmitted source

of Islamic Law, whose emergence is due to the fact that Islamic jurists could not always interpret the language of the Qurʾān and that of the Sunna in the same way arriving at the same legal result, rather they frequently differ in their interpretations of certain Qurʾānic verses and particular Prophetic traditions, reaching different legal rulings.
This is owing to the fact that the law-giver has deliberately set out a number of legal rulings in these two revealed legal sources, and formulated them in such a way that makes them open to reasoning and juristic interpretation so that the law becomes legally valid on a permanent basis and is susceptible to development as new legal issues emerge. Hallaq [8: p. 19] points out that certain terms in the Qurʾān and the Sunna can have more than a single legal interpretation. Metaphorical lexical items, for instance, need to be interpreted to convey specific legal meanings.
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5- Example (From the family law) Family law always made up

5- Example (From the family law)

Family law always made up an

important part of the Sharia. Below are some features of family law in the classic Sharia that would guide the Judge in making his decisions:
Usually, an individual became an adult at puberty.
 A man could marry up to four wives at once.
 A wife could refuse to accompany her husband on journeys.
 The support of an abandoned infant was a public responsibility.
 A wife had the right to food, clothing, housing, and a marriage gift from her husband.
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When the owner of a female slave acknowledged her child as

 When the owner of a female slave acknowledged her child as

his own, the child became free. The child’s mother became free when the owner died.
 In an inheritance, a brother took twice the amount as his sister. (The brother also had financial responsibility for his sister.)
 A husband could dissolve a marriage by repudiating his wife three times.
 A wife could return her dowry to her husband for a divorce. She could also get a decree from a kadi ending the marriage if her husband mistreated, deserted, or failed to support her.
After a divorce, the mother usually had the right of custody of her young children.

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