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- The Islamic legal system
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- 2. The Islamic legal system: Sharia law General characteristics The history of its Development Sources of law
- 3. The Islamic legal system:
- 4. 1- Sharia law Sharia is Islam's legal system. It is derived from the Quran, Islam's holy
- 5. 2- General characteristics After a lot of researches concerning Islamic law, the scholars of Islam had
- 6. Third, It is universal in a way that is not only limited to a specific human
- 7. 3- The history of its Development Before Islam, the nomadic tribes inhabiting the Arabian peninsula worshiped
- 8. Following Muhammad’s death in A.D. 632, companions of Muhammad ruled Arabia for about 30 years. These
- 9. Following a period of revolts and civil war, the Umayyads were overthrown in 750 and replaced
- 10. 4- Sources of law (The Qurʾān and the Sunna) The two primary and transmitted sources of
- 11. The second primary and transmitted source of Islamic Law is the Sunna, which represents the Prophet
- 12. Conversely, there exists a corpus of legal contents stated in both the Qurʾān and the Sunna,
- 13. Sources of law (Legal Reasoning) Legal reasoning (ijtihād) is an untransmitted source of Islamic Law, whose
- 14. 5- Example (From the family law) Family law always made up an important part of the
- 15. When the owner of a female slave acknowledged her child as his own, the child became
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The Islamic legal system:
Sharia law
General characteristics
The history of its Development
Sources
The Islamic legal system:
Sharia law
General characteristics
The history of its Development
Sources
Example (From the family law)
PLAN
The Islamic legal system:
The Islamic legal system:
1- Sharia law
Sharia is Islam's legal system. It is derived from the
1- Sharia law
Sharia is Islam's legal system. It is derived from the
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.
2- General characteristics
After a lot of researches concerning Islamic law, the
2- General characteristics
After a lot of researches concerning Islamic law, the
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)
Third, It is universal in a way that is not only limited
Third, It is universal in a way that is not only limited
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 inhabiting
3- The history of its Development
Before Islam, the nomadic tribes inhabiting
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.
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
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
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4- Sources of law (The Qurʾān and the Sunna)
The two primary
4- Sources of law (The Qurʾān and the Sunna)
The two primary
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.
The second primary and transmitted source of Islamic Law is
The second primary and transmitted source of Islamic Law is
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
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Sources of law (Legal Reasoning)
Legal reasoning (ijtihād) is an untransmitted source
Sources of law (Legal Reasoning)
Legal reasoning (ijtihād) is an untransmitted source
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.
5- Example (From the family law)
Family law always made up an
5- Example (From the family law)
Family law always made up an
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.
When the owner of a female slave acknowledged her child as
When the owner of a female slave acknowledged her child as
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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