Sharjah Islamic Bank , formerly known as the National Bank of Sharjah, is a publicly listed Islamic bank headquartered in the emirate of Sharjah in the United Arab Emirates . The bank was established in 1976 and in 2004 converted into a fully Shariah compliant bank. The bank provides Sharia-compliant products and services to serve individuals, companies, institutions, and investors.
143-486: As an Islamic bank, SIB operates in accordance with the principles of Sharia law. This means that it does not charge or pay interest, and it does not engage in any transactions that involve riba (usury), gharar (uncertainty), or maysir (gambling). Instead, SIB uses Islamic finance techniques such as profit-sharing, leasing, and partnership to provide its customers with financial services that are consistent with Sharia principles. In August 2021, Sharjah Islamic Bank announced
286-568: A 1915 article by the prominent Dutch orientalist C. Snouck Hurgronje , titled Heilige Oorlog [Holy War] Made in Germany . In it Hurgronje denounced his German colleagues, who he felt instigated the jihad proclamation in an irresponsible appeal to an antiquated concept that threatened the project of modernizing the Muslim world. The article was widely circulated in an English translation and its accuracy continues to be debated by historians, who acknowledge both
429-472: A certain matter, or they may employ legalistic stratagems ( hiyal ) to circumvent a stricter interpretation, while such strategies may not be acceptable from the standpoint of taqwa . The basic prerequisite for issuing fatwas under the classical legal theory was religious knowledge and piety. According to the adab al-mufti manuals, a mufti must be an adult, Muslim, trusted and reliable, of good character and sound mind, an alert and rigorous thinker, trained as
572-451: A chief mufti of the empire called shaykh al-islam at the top. The Ottoman shaykh al-Islam (Turk. şeyhülislam ), was among the most powerful state officials. Scribes reviewed queries directed to Ottoman muftis and rewrote them to facilitate issuing of fatwas. In Mughal India and Safavid Iran the chief mufti had the title of sadr . For the first few centuries of Islam, muftis were educated in informal study circles, but beginning in
715-415: A classroom or consulted by judges. A mabsut , which usually provided a commentary on a mukhtasar and could stretch to dozens of large volumes, recorded alternative rulings with their justifications, often accompanied by a proliferation of cases and conceptual distinctions. The terminology of juristic literature was conservative and tended to preserve notions which had lost their practical relevance. At
858-548: A different path in Iran starting from the early modern era. During Safavid rule, independent Islamic jurists ( mujtahids ) claimed the authority to represent the hidden imam . Under the Usuli doctrine that prevailed among Twelver Shias in the 18th century and under the Qajar dynasty , the mujtahids further claimed to act collectively as deputies of the imam. According to this doctrine, every Muslim
1001-559: A fatwa in Western press, this characterization was widely accepted by both its critics and its supporters, and the Rushdie Affair is credited with bringing the institution of fatwa to world attention. Together with later militant fatwas, it has contributed to the popular misconception of the fatwa as a religious death warrant. Many militant and reform movements in modern times have disseminated fatwas issued by individuals who do not possess
1144-513: A fatwa relating to a court judgment that has already been passed, acting as an informal appeals process, but the extent of this practice and its mechanism varied across history. While in most of the Islamic world judges were not required to consult muftis by any political authority, in Muslim Spain this practice was mandatory, so that a judicial decision was considered invalid without prior approval by
1287-453: A jurist's mentality in finding a solution to a legal question in contrast with taqlid ( conformity to precedent ijtihad). According to theory, ijtihad requires expertise in the Arabic language, theology, religious texts, and principles of jurisprudence ( usul al-fiqh ), and is not employed where authentic and trusted texts ( Qur'an and hadith ) are considered unambiguous with regard to
1430-482: A jurist, and not a sinner. On a practical level, the stature of muftis derived from their reputation for scholarly expertise and upright character. According to legal theory, it was up to each mufti to decide when he was ready to practice. In practice, an aspiring jurist would normally study for several years with one or several recognized scholars, following a curriculum that included Arabic grammar, hadith, law and other religious sciences. The teacher would decide when
1573-490: A lay person to do so, and advised the petitioner to trust their sense of the mufti's piety and ideally follow the advice of a single scholar known for exemplary morals. The mufti was often a well-known figure in his neighborhood. Some petitioners could choose among several local muftis, while others had to or chose to travel to receive a fatwa. Judges commonly sent letters to solicit fatwas from prominent jurists in another town or even country. Sunni legal theory generally permits
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#17328525424071716-428: A legal specialist. Author-jurists collected fatwas by muftis of high scholarly reputation and abstracted them into concise formulations of legal norms that could be used by judges, giving a summary of jurisprudence for a particular madhhab (legal school). Author-jurists sought out fatwas that reflected the social conditions of their time and place, often opting for later legal opinions which were at variance with
1859-402: A local master and discuss religious topics. At first, these circles were fluid in their membership, but with time distinct regional legal schools crystallized around shared sets of methodological principles. As the boundaries of the schools became clearly delineated, the authority of their doctrinal tenets came to be vested in a master jurist from earlier times, who was henceforth identified as
2002-459: A middle way between the two attitudes such as Abu al-Hasan al-Ash'ari in theology (syncretists). In the classical age of Islam, there were violent conflicts between rationalists (aqliyyun; al-muʿtazila , kalamiyya ) and traditionalist (naqliyyun, literalists, Ahl al-Hadith ) groups and sects regarding the Quran and hadith or the place of reason in understanding the Quran and hadith, as can be seen in
2145-594: A model ( sunnah ) and transmitted this information to the succeeding generations in the form of hadith . These reports led first to informal discussion and then systematic legal thought, articulated with greatest success in the eighth and ninth centuries by the master jurists Abu Hanifa , Malik ibn Anas , al-Shafi'i , and Ahmad ibn Hanbal , who are viewed as the founders of the Hanafi , Maliki , Shafiʿi , and Hanbali legal schools ( madhāhib ) of Sunni jurisprudence. Modern historians have presented alternative theories of
2288-546: A mufti with higher scholarly authority than themselves for difficult cases or potentially controversial verdicts. Fatwas were routinely upheld in courts, and if a fatwa was disregarded, it was usually because another fatwa supporting a different position was judged to be more convincing. If a party in a dispute was not able to obtain a fatwa supporting their position, they would be unlikely to pursue their case in court, opting for informal mediation instead, or abandoning their claim altogether. Sometimes muftis could be petitioned for
2431-480: A national vision of Islam through fatwas issued in response to government and private queries. National governments in Muslim-majority countries also instituted councils of senior religious scholars to advise the government on religious matters and issue fatwas. These councils generally form part of the ministry for religious affairs, rather than the justice department, which may have a more assertive attitude toward
2574-457: A number of occasions, the Quranic text instructs the Islamic prophet Muhammad how to respond to questions from his followers regarding religious and social practices. Several of these verses begin with the phrase "When they ask you concerning ..., say ..." In two cases (4:127, 4:176) this is expressed with verbal forms of the root f-t-y , which signify asking for or giving an authoritative answer. In
2717-487: A number of regulations about the standard format of a fatwa, such as avoiding blank space that could be used for a spurious addition and concluding the fatwa with an expression like allahu a'lam (God knows best). Nonetheless, fatwas took on a variety of forms depending on the local legal culture. The 14th century jurist Taqi al-Din Ibn Taymiyya was known for his methodology of issuing fatwas through direct research of
2860-416: A place and He is everywhere." Judgment that concerns individuals is personal and, for example, in an Islamic Qisas or compensation decisions, jurist must take into account "personal labels" such as the gender , freedom , religious and social status such as mu'min , kafir , musta'min , dhimmi , apostate , etc. Similar distinctions also apply to witnessing practices, which have a fundamental value in
3003-503: A process known as ijtihad (lit. mental effort). Traditional jurisprudence distinguishes two principal branches of law, rituals and social dealings ; subsections family law , relationships (commercial, political / administrative ) and criminal law , in a wide range of topics. Its rulings are concerned with ethical standards as much as legal norms, assigning actions to one of five categories : mandatory , recommended , neutral , abhorred , and prohibited . Over time with
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#17328525424073146-399: A rule , there was a hierarchy and power ranking among the sources of Sharia; for example, a subcategory or an auxiliary source will not be able to eliminate a provision clearly stated in the main source or prohibit a practice that was not prohibited though it was known and practiced during the prophetic period. If we look at an example such as the abolition of the validity of Mut'a marriage ,
3289-543: A sequence of such smaller topics, each called a "book" ( kitab ). The special significance of ritual was marked by always placing its discussion at the start of the work. Some historians distinguish a field of Islamic criminal law , which combines several traditional categories. Several crimes with scripturally prescribed punishments are known as hudud . Jurists developed various restrictions which in many cases made them virtually impossible to apply. Other crimes involving intentional bodily harm are judged according to
3432-497: A shared cultural project. In some states, such as Muslim Spain, muftis were assigned to courts in advisory roles. In Muslim Spain jurists also sat on a shura (council) advising the ruler. Muftis were additionally appointed to other public functions, such as market inspectors . While the office of the mufti was gradually subsumed into the state bureaucracy in much of the Sunni Muslim world, Shia religious establishment followed
3575-461: A single day, devoting his night hours to writing a legal treatise. Those who were able to act in all four capacities were regarded as the most accomplished jurists. From the standpoint of morality and religious obligation, the term fatwa has been contrasted with taqwa (piety, fear of God), particularly in Sufi literature. Fatwas may allow a choice between lenient and strict interpretation of sharia on
3718-646: A source of law in place of qiyas and extension of the notion of sunnah to include traditions of the imams . Islamic scholar Rashid Rida (1865–1935 CE) lists the four basic sources of Islamic law, agreed upon by all Sunni Muslims : "the [well-known] sources of legislation in Islam are four: the Qur'an , the Sunnah , the consensus of the ummah and ijtihad undertaken by competent jurists" While traditional understanding strongly denies that Quran may have changed ( Al Hejr :9),
3861-480: A stand on doctrinal controversies, legitimize government policies or articulate grievances of the population. During the era of mass European/Christian invasions , fatwas played a part in mobilizing resistance against foreign aggressors. Muftis acted as independent scholars in the classical legal system. Over the centuries, Sunni muftis were gradually incorporated into state bureaucracies, while Shia jurists in Iran asserted an autonomous authority starting from
4004-405: A version of lex talionis that prescribes a punishment analogous to the crime ( qisas ), but the victims or their heirs may accept a monetary compensation ( diya ) or pardon the perpetrator instead; only diya is imposed for non-intentional harm. Other criminal cases belong to the category of taʿzīr , where the goal of punishment is correction or rehabilitation of the culprit and its form
4147-416: A well-known point of law in response to a question from a lay person, while a "major" fatwa may give a judgment on an unprecedented case, detailing the legal reasoning behind the decision. Queries to muftis were supposed to address real and not hypothetical situations and be formulated in general terms, leaving out names of places and people. Since a mufti was not supposed to inquire into the situation beyond
4290-458: A wide range of subjects. This trend continued in modern times, and contemporary state-appointed muftis and institutions for ifta respond to government and private queries on varied issues, including political conflicts, Islamic finance, and medical ethics, contributing to shaping a national Islamic identity. There exists no international Islamic authority to settle differences in interpretation of Islamic law. An International Islamic Fiqh Academy
4433-505: Is "specific to" a person, group, institution, event, situation, belief and practice in different areas of life, and usually includes the approval/disapproval of a judgment, is called fatwa . Tazir penalties , which are outside the Qisas and Hudud laws, have not been codified, and their discretion and implementation are under the initiative and authority of the judge or political authority. Mustafa Öztürk points out some another developments in
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4576-501: Is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam , particularly the Qur'an and hadith . In Islamic terminology sharīʿah refers to immutable, intangible divine law ; contrary to fiqh , which refers to its interpretations by Islamic scholars . Sharia, or fiqh as traditionally known, has always been used alongside customary law from
4719-740: Is a legal ruling on a point of Islamic law ( sharia ) given by a qualified Islamic jurist ( faqih ) in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a mufti , and the act of issuing fatwas is called ifta' . Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era. Resembling jus respondendi in Roman law and rabbinic responsa , privately issued fatwas historically served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, public and political fatwas were issued to take
4862-410: Is a sin or a crime to perform a forbidden action or not to perform a mandatory action. Reprehensible acts should be avoided, but they are not considered to be sinful or punishable in court. Avoiding reprehensible acts and performing recommended acts is held to be subject of reward in the afterlife, while neutral actions entail no judgment from God. Jurists disagree on whether the term ḥalāl covers
5005-399: Is commonly accomplished by application of various traditional legal doctrines such as the maqasid (objectives) of sharia, maslaha (public interest) and darura (necessity), in place of adhering to the letter of scriptural sources. The main argument for this approach is that Islamic law is meant to serve the interest of Muslims and make their lives easier ( taysīr ). This form of ijtihad
5148-401: Is insufficient to distinguish right from wrong , and rational argumentation must draw its content from the body of transcendental knowledge revealed in the Quran and through the sunnah of Muhammad. In addition to the Quran and sunnah, the classical theory of Sunni fiqh recognizes two other sources of law: juristic consensus ( ijmaʿ ) and analogical reasoning ( qiyas ). It therefore studies
5291-459: Is largely left to the judge's discretion. In practice, since early on in Islamic history, criminal cases were usually handled by ruler-administered courts or local police using procedures which were only loosely related to Sharia. The two major genres of furūʿ literature are the mukhtasar (concise summary of law) and the mabsut (extensive commentary). Mukhtasars were short specialized treatises or general overviews that could be used in
5434-463: Is not clear how common oral fatwas were, aside from those issued by an Ottoman office established specifically for the purpose of issuing oral fatwas. Many routine, written fatwas were delivered directly to the petitioner on the piece of paper containing the query, leaving no documentary trace. However, large collections of ordinary fatwas are preserved in Ottoman and Indian archives. Mufti manuals contained
5577-419: Is often stated today that Sharia provides many rights to slaves and aims to eradicate slavery over time. However, the widespread use of slavery in the Islamic world continued until the last century, and jurists had no serious objections to the castration of slaves and the unrestricted sexual use of female slaves, with a few exceptions in traditional islamic jurisprudence. A special religious decision, which
5720-433: Is ordained for you regarding the people who were killed. Free versus free, slave versus slave, woman versus woman. Whoever is forgiven by the brother of the slain for a price, let him abide by the custom and pay the price well." Modern historians generally adopt intermediate positions regarding origins, suggesting that early Islamic jurisprudence developed out of a combination of administrative and popular practices shaped by
5863-404: Is particularly prominent in fiqh al-aqallīyāt (minority jurisprudence), a recently developed branch of Islamic jurisprudence that aims to address the needs of Muslims living in countries with a non-Muslim majority. Its opponents object that sharia is supposed to determine the interests of Muslims, and not the other way around. On November 14, 1914, the Ottoman sultan proclaimed a jihad to mark
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6006-652: Is supposed to choose and follow a high-ranking living mujtahid bearing the title of marja' al-taqlid , whose fatwas are considered binding, unlike fatwas in Sunni Islam. Thus, in contrast to Sunni muftis, Shia mujtahids gradually achieved increasing independence from the state. While most fatwas were delivered to an individual or a judge, some fatwas that were public or political in nature played an important role in religious legitimation, doctrinal disputes, political criticism, or political mobilization. As muftis were progressively incorporated into government bureaucracies in
6149-519: Is the first of Four Doors and the lowest level on the path to God in Sufism and in branches of Islam that are influenced by Sufism, such as Ismailism and Alawites . It is necessary to reach from Sharia to Tariqa , from there to Ma'rifa and finally to haqiqa . In each of these gates, there are 10 levels that the dervish must pass through. Jan Michiel Otto summarizes the evolutionary stages of understanding by distinguishing four meanings conveyed by
6292-503: Is touched upon in the Quran 4:24 , and not prohibited (Sunnis translate the words used in the relevant verse with terms used to describe the ordinary marriage event) according to Sunnis is banned by Muhammad towards the end of his lifetime, and according to Shiites , by Omar , "according to his own opinion" and reliying on power. The Shiite sect did not accept the jurisprudence of Omar, whose political and religious authority they rejected from
6435-461: Is traditionally divided into ʿibādāt (rituals or acts of worship) and muʿāmalāt (social relations). Many jurists further divided the body of substantive jurisprudence into "the four quarters", called rituals, sales, marriage and injuries. Each of these terms figuratively stood for a variety of subjects. For example, the quarter of sales would encompass partnerships, guaranty, gifts, and bequests, among other topics. Juristic works were arranged as
6578-560: Is used by Arabic-speaking peoples of the Middle East to designate a prophetic religion in its totality. For example, sharīʿat Mūsā means law or religion of Moses and sharīʿatu-nā can mean "our religion" in reference to any monotheistic faith. Within Islamic discourse, šarīʿah refers to religious regulations governing the lives of Muslims. For many Muslims, the word means simply "justice," and they will consider any law that promotes justice and social welfare to conform to Sharia. Sharia
6721-403: The Qur'an and Hadith , rather than being restrained by the mechanism of the madhhabs (legal schools). Explaining Ibn Taymiyya's approach to issue fatwas , his student Al-Dhahabi writes: "He was well informed of the legal views of the [Prophet's] companions and their followers , and he rarely talked about a subject without quoting the four schools of the imams. Yet, he contradicted
6864-562: The Akhbari school of jurisprudence, which was predominant for a time during the early modern era, hold a different view on ifta from the currently predominant Usuli school. According to the Usulis, fatwas can be based on valid conjecture ( zann ) arrived through ijtihad , and every Muslim who is not qualified to be a mujtahid should become a follower ( muqallid ) of a mujtahid . In contrast, Akhbaris hold that all Shia Muslims must be muqallids of
7007-467: The Hanafi , Maliki , Shafi'i and Hanbali madhhabs. They emerged in the ninth and tenth centuries and by the twelfth century almost all jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of
7150-454: The Hebrew term Halakhah ["The Way to Go"]), or "path to the water hole" and argue that its adoption as a metaphor for a divinely ordained way of life arises from the importance of water in an arid desert environment. In the Quran, šarīʿah and its cognate širʿah occur once each, with the meaning "way" or "path". The word šarīʿah was widely used by Arabic-speaking Jews during
7293-474: The Iranian Parliament . Khomeini's most publicized fatwa was the proclamation condemning Salman Rushdie to death for his novel The Satanic Verses . Khomeini himself did not call this proclamation a fatwa, and some scholars have argued that it did not qualify as one, since in Islamic legal theory only a court can decide whether an accused is guilty. However, after the proclamation was presented as
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#17328525424077436-469: The Islamic community (a practice known as takfir ). In both political and scholarly sphere, doctrinal controversies between different states, denominations or centers of learning were accompanied by dueling fatwas. Muftis also acted to counteract the influence of judges and secular functionaries. By articulating grievances and legal rights of the population, public fatwas often prompted an otherwise unresponsive court system to provide redress. Early in
7579-426: The Islamic creed , leading changes in ahkam such as determining the conditions of takfir according to theologians ; First Muslims believed that God lived in the sky as Ahmad Ibn Hanbal says: "Whoever says that Allah is everywhere is a heretic , an infidel, should be invited to repent, but if he does not, be killed." This understanding changes later and gives way to the understanding that "God cannot be assigned
7722-565: The Mihna example. Although the rationalists initially seemed to gain the upper hand in this conflict, with the rise of literalism, the Mutazila sank into history and literalism continued to live by gaining supporters. In this context, the formulation of the Sunni view can be summarized as follows; Human reason is a gift from God which should be exercised to its fullest capacity. However, use of reason alone
7865-531: The Ottoman Empire , and is from the Turkish şer'(i) . According to the traditionalist ( Atharī ) Muslim view, the major precepts of Sharia were passed down directly from the Islamic prophet Muhammad without "historical development" and the emergence of Islamic jurisprudence ( fiqh ) also goes back to the lifetime of Muhammad. In this view, his companions and followers took what he did and approved of as
8008-463: The Qur'an , sunnah (or authentic ahadith ), ijma (lit. consensus) (may be understood as ijma al-ummah ( Arabic : إجماع الأمة ) – a whole Islamic community consensus, or ijma al-aimmah ( Arabic : إجماع الائـمـة ) – a consensus by religious authorities ), and analogical reasoning . Four legal schools of Sunni Islam — Hanafi , Maliki , Shafiʽi and Hanbali — developed methodologies for deriving rulings from scriptural sources using
8151-571: The Salafi and Wahhabi movements. Other currents, such as networks of Indonesian ulema and Islamic scholars residing in Muslim-minority countries, have advanced liberal interpretations of Islamic law without focusing on traditions of a particular madhhab. Fatwa A fatwa ( UK : / ˈ f æ t w ɑː / ; US : / ˈ f ɑː t w ɑː / ; Arabic : فتوى , romanized : fatwā ; pl. فتاوى , fatāwā )
8294-516: The Twelve Imams , and that fatwas should reflect only knowledge that is certain ( qatʿ ) and based on the traditions of the Imams. Unlike the post of qadi , which is reserved for men in the classical sharia system, fatwas could be issued by qualified women as well as men. In practice, the vast majority of jurists who completed the lengthy curriculum in linguistic and religious sciences required to obtain
8437-446: The early modern era . In the modern era, fatwas have reflected changing economic, social and political circumstances, and addressed concerns arising in varied Muslim communities. The spread of codified state laws and Western-style legal education in the modern Muslim world has displaced muftis from their traditional role of clarifying and elaborating the laws applied in courts. Instead, modern fatwas have increasingly served to advise
8580-445: The hadith literature, this three-way relationship between God, Muhammad, and believers, is typically replaced by a two-way consultation, in which Muhammad replies directly to queries from his Companions ( sahaba ). According to Islamic doctrine, with Muhammad's death in 632, God ceased to communicate with mankind through revelation and prophets. At that point, the rapidly expanding Muslim community turned to Muhammad's Companions, as
8723-682: The "enemy" fighting against Muslims in the struggle over Palestine. Some muftis in the modern era, like the mufti of the Lebanese republic in the mid-20th century and the Grand Mufti of the Sultanate of Oman, were important political leaders. In Iran, Ayatollah Khomeini used proclamations and fatwas to introduce and legitimize a number of institutions, including the Council of the Islamic Revolution and
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#17328525424078866-419: The 11th and 12th centuries, the ruling elites began to establish institutions of higher religious learning known as madrasas in an effort to secure support and cooperation of the ulema (religious scholars). Madrasas, which were primarily devoted to the study of law, soon multiplied throughout the Islamic world, helping to spread Islamic learning beyond urban centers and to unite diverse Islamic communities in
9009-693: The 19th century, including in 1803 by Shah Abdul Aziz in India and in 1804 by Usman dan Fodio in West Africa. The unrealistic nature of these fatwas was soon recognized and in 1870 the ulama of northern India issued fatwas stating that Indian Muslims were not obliged to rebel or emigrate. A similar doctrinal controversy occurred in French-ruled Algeria. The fatwas solicited by the Algerian anti-colonial leader Abd al-Qadir differed in their technical detail, while
9152-575: The 20th century many muftis began to assert their independence from traditional schools of jurisprudence. The most notorious result of disregarding classical jurisprudence are the fatwas of militant extremists who have interpreted the Quran and hadith as supporting suicide bombings, indiscriminate killing of bystanders, and declaration of self-professed Muslims as unbelievers ( takfir ). New forms of ijtihad have also given rise to fatwas that support such notions as gender equality and banking interest, which are at variance with classical jurisprudence. This
9295-472: The French authorities obtained fatwas from local muftis, stating that Muslims living under the rule of unbelievers were not obligated to fight or emigrate as long as they were granted religious freedom by the authorities. On many other occasions, fatwas served as an effective tool for influencing the political process. For example, in 1904 a fatwa by Moroccan ulema achieved the dismissal of European experts hired by
9438-461: The German influence and the internal political calculations of the Ottoman government underlying the proclamation. Several boycott fatwas were issued in modern times, such as the one issued by Iraqi ulema in 1933, calling on Muslims to boycott Zionist products. In 2004 Yusuf al-Qaradawi issued a fatwa calling for boycott of Israeli and American products, arguing that buying these goods would strengthen
9581-662: The Middle Ages, being the most common translation for the word Torah in the 10th-century Arabic translation of the Torah by Saʿadya Gaon . A similar use of the term can be found in Christian writers. The Arabic expression Sharīʿat Allāh ( شريعة الله ' God's Law ' ) is a common translation for תורת אלוהים ( ' God's Law ' in Hebrew) and νόμος τοῦ θεοῦ ( ' God's Law ' in Greek in
9724-566: The Moroccan government, while in 1907 another Moroccan fatwa succeeded in deposing the sultan on accusation that he failed to mount a defense against French aggression. The 1891 tobacco protest fatwa by the Iranian mujtahid Mirza Shirazi , which prohibited smoking as long as the British tobacco monopoly was in effect, also achieved its goals. Under European colonial rule, the institution of dar al-ifta
9867-417: The Muslim public that the so-called "gate of ijtihad " was closed at the start of the classical era. Starting from the 18th century, Islamic reformers began calling for abandonment of taqlid and emphasis on ijtihad , which they saw as a return to Islamic origins. The advocacy of ijtihad has been particularly associated with Islamic Modernism and Salafiyya movements. Among contemporary Muslims in
10010-457: The New Testament [Rom. 7: 22]). In Muslim literature, šarīʿah designates the laws or message of a prophet or God, in contrast to fiqh , which refers to a scholar's interpretation thereof. In older English-language law-related works in the late 19th/early 20th centuries, the word used for Sharia was sheri . It, along with the French variant chéri , was used during the time of
10153-408: The Quran existing today is a religious source, infer from the same verses that it is clearly ordered to pray 2 or 3 times, not 5 times. In addition, in religious literature, wajib is widely used for all kinds of religious requirements, without expressing any fiqh definition. As seen above and in many other examples, classifications and labels have a relative character shaped by the understanding of
10296-532: The West there have emerged new visions of ijtihad which emphasize substantive moral values over traditional juridical undertandings. Shia jurists did not use the term ijtihad until the 12th century. With the exception of Zaydis , the early Imami Shia were unanimous in censuring Ijtihad in the field of law ( Ahkam ) until the Shiite embrace of various doctrines of Mu'tazila and classical Sunnite Fiqh . After
10439-511: The application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools. This interpretive apparatus is brought together under the rubric of ijtihad , which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question. The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason ( ʿaql ) as
10582-469: The authenticity of hadiths could only be questioned through the chain of narration, though some western researchers suggests that primary sources may have also been evolved. Only several verses of the Quran have direct legal relevance, and they are concentrated in a few specific areas such as inheritance , though other passages have been used as a source for general principles whose legal ramifications were elaborated by other means. Islamic literature calls
10725-445: The beginning. Fiqh is concerned with ethical standards as much as with legal norms, seeking to establish not only what is and is not legal, but also what is morally right and wrong. Sharia rulings fall into one of five categories known as "the five decisions" ( al-aḥkām al-khamsa ): mandatory ( farḍ or wājib ), recommended ( mandūb or mustaḥabb ), neutral ( mubāḥ ), reprehensible ( makrūh ), and forbidden ( ḥarām ). It
10868-677: The branches of fiqh ), which is devoted to elaboration of rulings on the basis of these principles. Classical Islamic jurisprudence refers how to elaborate and interpret religious sources that are considered reliable within the framework of "procedural principles" within its context such as linguistic and " rhetorical tools " to derive judgments for new situations by taking into account certain purposes and mesalih. Textual phrases usually dealt with under simple antithetical headings: general and particular, command and prohibition, obscure and clear, truth and metaphor. It also comprises methods for establishing authenticity of hadith and for determining when
11011-441: The classical theory of Islamic law . The legal theory of the fatwa was formulated in the classical texts of usul al-fiqh (principles of jurisprudence), while more practical guidelines for muftis were found in manuals called adab al-mufti or adab al-fatwa (etiquette of the mufti/fatwa). Fatwas are issued in response to a query. They can range from a simple yes/no answer to a book-length treatise. A short fatwa may state
11154-539: The complete and uncompromising implementation of "exact/pure sharia" without modifications, while modernists argue that it can/should be brought into line with human rights and other contemporary issues such as democracy, minority rights , freedom of thought , women's rights and banking by new jurisprudences. In Muslim majority countries, traditional laws have been widely used with or changed by European models. Judicial procedures and legal education have been brought in line with European practice likewise. While
11297-444: The constitutions of most Muslim-majority states contain references to sharia, its rules are largely retained only in family law and penalties in some. The Islamic revival of the late 20th century brought calls by Islamic movements for full implementation of sharia, including hudud corporal punishments , such as stoning through various propaganda methods ranging from civilian activities to terrorism . The word sharīʿah
11440-466: The contemporary Islamist understanding ), some researchers see the early history of Islam , which has been modelled and exalted by most Muslims, not as a period when sharia was dominant, but a kind of " secular Arabic expansion ". Approaches to sharia in the 21st century vary widely, and the role and mutability of sharia in a changing world has become an increasingly debated topic in Islam. Beyond sectarian differences , fundamentalists advocate
11583-596: The course of Islamic history, they were often expected to support government policies. Ottoman sultans regularly sought fatwas from the chief mufti for administrative and military initiatives, including fatwas sanctioning jihad against Mamluk Egypt and Safavid Iran. Fatwas by the Ottoman chief mufti were also solicited by the rulers to lend religious legitimacy to new social and economic practices, such as financial and penal laws enacted outside of sharia, printing of nonreligious books (1727) and vaccination (1845). At other times muftis wielded their influence independently of
11726-572: The divine law, and that its specific aim was preservation of five essentials of human well-being: religion, life, intellect, offspring, and property. Although most classical-era jurists recognized maslaha and maqasid as important legal principles, they held different views regarding the role they should play in Islamic law. Some jurists viewed them as auxiliary rationales constrained by scriptural sources and analogical reasoning. Others regarded them as an "independent" source of law, whose general principles could override specific inferences based on
11869-408: The doctrine of early authorities. Research by Wael Hallaq and Baber Johansen has shown that fatwa compilations could, and sometimes did, have a significant impact on the development of Islamic law. During the early centuries of Islam, the roles of mufti, author-jurist and judge were not mutually exclusive. A jurist could lead a teaching circle, conduct a fatwa session, and adjudicate court cases in
12012-546: The efforts of hadith scholars to weed out fabrications. After it became accepted that legal norms must be formally grounded in scriptural sources, proponents of rules of jurisprudence supported by the hadith would extend the chains of transmission of the hadith back to Muhammad's companions. In his view, the real architect of Islamic jurisprudence was al-Shafi'i , who formulated this idea (that legal norms must be formally grounded in scriptural sources) and other elements of classical legal theory in his work al-risala , but who
12155-453: The era of Western colonialism , several fatwas were issued drawing on the classical legal distinction between lands under Islamic rule ( dar al-Islam ) and lands of war ( dar al-harb ) or unbelief ( dar al-kufr ). These fatwas classified countries under European domination as lands of war or unbelief and invoked the legal theory obliging Muslims to wage war against the rulers of these lands or emigrate. A number of such fatwas were issued during
12298-412: The establishment of judicial provisions, such as the identification of the criminals. According to the traditional understanding, four male fair witnesses were required for the accusation of adultery in court, and two male witnesses were required for any other verdict. In addition, the accusers would be punished with slander for accusations that do not meet the specified conditions as a note. For example,
12441-563: The executive branch. While chief muftis of earlier times oversaw a hierarchy of muftis and judges applying traditional jurisprudence, most modern states have adopted European-influenced legal codes and no longer employ traditional judicial procedures or traditionally trained judges. State muftis generally promote a vision of Islam that is compatible with state law of their country. Although some early theorists argued that muftis should not respond to questions on certain subjects, such as theology, muftis have in practice handled queries relating to
12584-460: The face of the development of the understanding of law and the increasing reactions to corporal punishment - claim that the verse determines the punishment of "concrete sequential criminal acts" - such as massacre, robbery and rape - in addition to rebellion against the legitimate government, and that the punishment to be given depends on the existence of these preconditions. The body of hadith provides more detailed and practical legal guidance, but it
12727-579: The fard rule. 1. Nass , (only verses of the Qur'an can be accepted as evidence here, not hadiths ) 2.The expression of the text referring to the subject must be clear and precise enough not to allow other interpretations. The term wajib is used for situations that do not meet the second of these conditions. However, this understanding may not be sufficient to explain every situation. For example, Hanafis accept 5 daily prayers as fard. However, some religious groups such as Quranists and Shiites , who do not doubt that
12870-448: The first five Islamic centuries , ijtihad continued to practise amongst Sunni Muslims. The controversy surrounding ijtihad started with the beginning of the twelfth century. By the 14th century, Islamic Fiqh prompted leading Sunni jurists to state that the main legal questions had been addressed and then ijtihad was gradually restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of
13013-439: The first three or the first four categories. The legal and moral verdict depends on whether the action is committed out of necessity ( ḍarūra ) and on the underlying intention ( niyya ), as expressed in the legal maxim "acts are [evaluated according] to intention." Hanafi fiqh does not consider both terms as synonymous and makes a distinction between " fard " and " wajib "; In Hanafi fiqh, two conditions are required to impose
13156-424: The formation of fiqh while they have accepted the general outlines of the traditionalist account at first. In the late 19th century, an influential revisionist hypothesis was advanced by Ignác Goldziher and elaborated by Joseph Schacht in the mid-20th century. Schacht and other scholars argued that having conquered much more populous agricultural and urban societies with already existing laws and legal needs,
13299-633: The four schools in well-known matters about which he wrote and for which provided arguments from the Koran and the Sunna. He has compiled a work entitled Politics According to Divine Law for Establishing Order for Sovereign and Subjects and a book [called] Removing the Reproach from the Learned Imams .... For some years now he has not issued fatwas (legal opinions) according to a specific school, rather he bases these on
13442-455: The general public on other aspects of sharia, particularly questions regarding religious rituals and everyday life. Modern public fatwas have addressed and sometimes sparked controversies in the Muslim world, and some fatwas in recent decades have gained worldwide notoriety. The legal methodology of modern ifta often diverges from pre-modern practice, particularly so in the West. Emergence of modern media and universal education has transformed
13585-581: The information included in the query, queries regarding contentious matters were often carefully constructed to elicit the desired response. A mufti's understanding of the query commonly depended on their familiarity with local customs and colloquialisms. In theory, if the query was unclear or not sufficiently detailed for a ruling, the mufti was supposed to state these caveats in their response. Fatwas were solicited by men and women from all social classes. A mufti could be an obscure scholar, who occasionally replied to queries from people in his neighborhood, or, at
13728-399: The initial Muslim efforts to formulate legal norms regarded the Quran and Muhammad's hadiths as just one source of law, with jurist personal opinions, the legal practice of conquered peoples, and the decrees and decisions of the caliphs also being valid sources. According to this theory, most canonical hadiths did not originate with Muhammad but were actually created at a later date, despite
13871-482: The interpretation of sharia on a wide range of questions essential to the society, ranging from ritual to finance. It was considered a requirement for qualified jurists to communicate their knowledge through teaching or issuing fatwas. The ideal mufti was conceived as an individual of scholarly accomplishments and exemplary morals, and muftis were generally approached with the respect and deference corresponding to these expectations. Judges generally sought an opinion from
14014-475: The knowledge and legal skill to perform this activity. In addition, it was felt that the major question of jurisprudence had already been addressed by master jurists of earlier times, so that later muftis only had to follow the legal opinions established within their legal school ( taqlid ). At that point, the notions of mufti and mujtahid became distinguished, and legal theorists classified jurists into three or more levels of competence. Among Twelver Shia ,
14157-484: The launch of a new digital account that allows customers use the smart bank application to open an electronic account without the need to visit the branch. For the year 2022, Sharjah Islamic Bank (SIB) has posted net profit of AED 650.9 million. This Asian bank-related article is a stub . You can help Misplaced Pages by expanding it . Sharia Sharia, Sharī'ah , Shari'a , Shariah or Syariah ( Arabic : شريعة , lit. 'path (to water)')
14300-552: The laws that can be associated with the Quran in Sharia " hudud " (meaning the limits set by Allah). How the verse Al-Ma'idah 33, which describes the crime of hirabah , should be understood is a matter of debate even today. The verse talks about the punishment of criminals by killing, hanging, having their hands and feet cut off on opposite sides , and being exiled from the earth, in response to an -abstract- crime such as " fighting against Allah and His Messenger ". Today, commentators - in
14443-665: The legal force of a scriptural passage is abrogated by a passage revealed at a later date. The sources of judgment in classical fiqh are roughly divided into two: Manqūlāt (Quran and hadith) and Aqliyyāt (ijma, qiyas, ijtihad and others). Some of them (Aqliyyāt) are considered to be the product of scholastic theology and Aristotelian logic . It was an important area of debate among traditional fiqh scholars how much space should be given to rational methods in creating provisions such as extracting provisions from religious texts, as well as expanding, restricting, abolishing or postponing these provisions according to new situations, considering
14586-568: The letter of scripture . Taking maqasid and maslaha as an "independent" source of sharia - rather than an auxiliary one - will pave the way for the re-critique and reorganization of ahkam in the context of maqasid and maslaha, thus (including hudud ), which is often criticized in terms of today's values and seen as problematic, in terms of the purposes of sharia and social benefits will be replaced by new ones. Abdallah bin Bayyah goes further with an approach that prioritizes purpose and benefit among
14729-518: The lines of theological differences and resulted in formation of the Twelver , Zaidi and Ismaili madhhabs, whose differences from Sunni legal schools are roughly of the same order as the differences among Sunni schools. The Ibadi legal school, distinct from Sunni and Shia madhhabs, is predominant in Oman. The transformations of Islamic legal institutions in the modern era have had profound implications for
14872-459: The madhhab system. Legal practice in most of the Muslim world has come to be controlled by government policy and state law, so that the influence of the madhhabs beyond personal ritual practice depends on the status accorded to them within the national legal system. State law codification commonly utilized the methods of takhayyur (selection of rulings without restriction to a particular madhhab) and talfiq (combining parts of different rulings on
15015-450: The most authoritative voices among them, for religious guidance, and some of them are reported to have issued pronouncements on a wide range of subjects. The generation of Companions was in turn replaced in that role by the generation of Successors ( tabi'un ). The concept of fatwa thus developed in Islamic communities under a question-and-answer format for communicating religious knowledge, and took on its definitive form with development of
15158-411: The necessities brought by sociological changes, on the basis of mentioned interpretative studies legal schools have emerged, reflecting the preferences of particular societies and governments, as well as Islamic scholars or imams on theoretical and practical applications of laws and regulations. Although sharia is presented as a form of governance in addition to its other aspects (especially by
15301-567: The official entry of the Ottoman Empire into World War I . The proclamation was supported by a fatwa issued by the Shaykh al-Islam. Contrary to the German hopes that the proclamation would trigger Muslim revolts in British and French colonies, it was either rejected or quietly ignored by their Muslim authorities. It also quickly gave rise to a heated academic debate in Europe. The controversy was sparked by
15444-405: The other extreme, a famous jurist or a powerful state official. The level of technical detail supplied in a fatwa, such as citations of sources or specification of legal methodologies employed, depended on the technical level of the petitioner. In theory, a petitioner was supposed to verify the mufti's scholarly reputation, but mufti manuals ( adab al-mufti ) recognized that it would be difficult for
15587-540: The people and groups who make them. For example, believing in the existence and miracles of Awliya is presented as a "condition" for orthodox Islam by many prominent Sunni creed writers such as Al-Tahawi and Nasafi and is accepted in traditional Sunnis and Shi'ism. However, this understanding, along with expressions of respect and visits to the graves of saints, are seen as unacceptable heresy by puritanical and revivalist Islamic movements such as Salafism , Wahhabism and Islamic Modernism . About six verses address
15730-418: The petioner to obtain a fatwa from multiple jurists on the same query, provided that it addresses a real and not hypothetical situation. Some petitioners sought out a second fatwa because they were unsatisfied with the first, and the two sides in a legal dispute generally each sought to obtain a fatwa that would support their position. Muftis often consulted another mufti on difficult cases, though this practice
15873-515: The proof he has ascertained himself. He supported the pure Sunna and the way of Salafiyah ". The classical institution of fatwa is similar to jus respondendi in Roman law and the responsa in Jewish law . Fatwas have played three important roles in the classical legal system: Before the rise of modern education, the study of law was a centerpiece of advanced education in the Islamic world. A relatively small class of legal scholars controlled
16016-403: The public office of mufti began to appear alongside the private issuing of fatwas. In Khurasan , the rulers appointed a head of the local ulama, called shaykh al-Islam , who also functioned as the chief mufti. The Mamluks appointed four muftis, one for each of the four Sunni madhhabs, to appellate courts in provincial capitals. The Ottomans organized muftis into a hierarchical bureaucracy with
16159-485: The purpose and benefit, together with new sociologies, in the face of changing conditions. In this context, in the Classical period, the ulema were divided into groups (among other divisions such as political divisions) regarding the place of " 'Aql " vis-à-vis naql: those who rely on narration ( Atharists , Ahl al-Hadith ), those who rely on reason ( Ahl al-Kalām , Mu'tazila and Ahl al-Ra'y ) and those who tried to find
16302-480: The qualification to issue fatwas were men. Slaves and persons who were blind or mute were likewise theoretically barred from the post of a judge, but not that of mufti. The mufti and the judge play different roles in the classical sharia system, with corresponding differences between a fatwa and a qada (court decision): Before the 11th century CE, anyone who possessed scholarly recognition as an Islamic jurist could issue fatwas. Starting around that time, however,
16445-457: The qualifications traditionally required of a mufti. A famous example is the fatwa issued in 1998 by Osama bin Laden and four of his associates, proclaiming "jihad against Jews and Crusaders" and calling for killing of American civilians. In addition to denouncing its content, many Islamic jurists stressed that bin Laden was not qualified to either issue a fatwa or declare a jihad. The Amman Message
16588-561: The question, or where there is an existing scholarly consensus ( ijma ). An Islamic scholar who perform ijtihad is called " mujtahid ". In the general understanding, beyond the limitation of ijtihad to those situations that do not have a clear ruling in the Quran and hadiths, scholars who have the ability to give general judgments are also ranked with definitions such as "mujtahid mutlaq", "mujtahid in sect", "mujtahid in issue". Rulings based on ijtihad are not decisions that require obligatory implementation for other Muslims. Throughout
16731-438: The religious and ethical precepts of Islam. It continued some aspects of pre-Islamic laws and customs of the lands that fell under Muslim rule in the aftermath of the early conquests and modified others, aiming to meet the practical need of establishing Islamic norms of behavior and adjudicating disputes arising in the community. Juristic thought gradually developed in study circles, where independent scholars met to learn from
16874-451: The ruler, and several sultans in Morocco and the Ottoman Empire were dethroned as a result of fatwas issued by influential jurists. This happened, for example, to the Ottoman sultan Murad V on the grounds of his insanity. Public fatwas were also used to dispute doctrinal matters, and in some case to proclaim that certain groups or individuals who professed to be Muslim were to be excluded from
17017-481: The same question). Legal professionals trained in modern law schools have largely replaced traditional ulema as interpreters of the resulting laws. Global Islamic movements have at times drawn on different madhhabs and at other times placed greater focus on the scriptural sources rather than classical jurisprudence. The Hanbali school, with its particularly strict adherence to the Quran and hadith, has inspired conservative currents of direct scriptural interpretation by
17160-406: The same root. A jurist issuing fatwas is called a mufti . The person who asks for a fatwa is known as mustafti . The act of issuing fatwas is called iftāʾ . The term futyā refers to soliciting and issuing fatwas. In older English language works the spelling fetva , from Turkish, is used, relating to the Ottoman Empire . The origins of the fatwa can be traced back to the Quran . On
17303-626: The same time, the cycle of abridgement and commentary allowed jurists of each generation to articulate a modified body of law to meet changing social conditions. Other juristic genres include the qawāʿid (succinct formulas meant to aid the student remember general principles) and collections of fatwas by a particular scholar. Classical jurisprudence has been described as "one of the major intellectual achievements of Islam" and its importance in Islam has been compared to that of theology in Christianity . The main Sunni schools of law ( madhhabs ) are
17446-422: The school's founder. In the course of the first three centuries of Islam, all legal schools came to accept the broad outlines of classical legal theory, according to which Islamic law had to be firmly rooted in the Quran and hadith. Fiqh is traditionally divided into the fields of uṣūl al-fiqh (lit. the roots of fiqh ), which studies the theoretical principles of jurisprudence, and furūʿ al-fiqh (lit.
17589-749: The sources of sharia and declares it to be the heart of "usul-al fiqh". While the latter view was held by a minority of classical jurists, in modern times it came to be championed in different forms by prominent scholars who sought to adapt Islamic law to changing social conditions by drawing on the intellectual heritage of traditional jurisprudence. These scholars expanded the inventory of maqasid to include such aims of Sharia as reform and women's rights ( Rashid Rida ); justice and freedom ( Mohammed al-Ghazali ); and human rights and dignity ( Yusuf al-Qaradawi ). Ijtihad lit. ' physical ' or ' mental effort ' refers to independent reasoning by an expert in Islamic law , or exertion of
17732-512: The student was ready to issue fatwas by giving him a certificate ( ijaza ). During the first centuries of Islam, it was assumed that a mufti was a mujtahid , i.e., a jurist who is capable of deriving legal rulings directly from the scriptural sources through independent reasoning ( ijtihad ), evaluating the reliability of hadith and applying or even developing the appropriate legal methodologies. Starting from around 1200 CE, legal theorists began to accept that muftis of their time may not possess
17875-431: The term maqāṣid aš-šarīʿa are the expressions maqāṣid aš-šāriʿ ("intentions of the legislature"), maqāṣid at-tašrīʿ ("intentions of the legislature "), ruḥ aš -šarīʿa ("Spirit of Sharia"), ḥikmat at-tašrīʿ ("Wisdom of Legislation") and falsafat at-tašrīʿ ("Philosophy of Legislation"). They were first clearly articulated by al-Ghazali (d. 1111), who argued that Maqāṣid and maslaha was God's general purpose in revealing
18018-458: The term sharia in discourses. A related term al-qānūn al-islāmī ( القانون الإسلامي , Islamic law), which was borrowed from European usage in the late 19th century, is used in the Muslim world to refer to a legal system in the context of a modern state. The primary meanings of the Arabic word šarīʿah , derived from the root š-r-ʕ . The lexicographical studies records two major areas of
18161-540: The testimony of two women can be equal to the testimony of a man, and a non-Muslim or a sinner cannot serve as an eyewitness against a Muslim. Men's share of the inheritance will be twice that of women. Islamic preachers constantly emphasize the importance of adalah , and in trials, the judge is not expected to observe equality among those on trial, but is expected to act fairly or balanced. Traditional fiqh states that legal and religious responsibility begins with rushd . The domain of furūʿ al-fiqh (lit. branches of fiqh)
18304-464: The traditional institution of ifta in various ways. While the proliferation of contemporary fatwas attests to the importance of Islamic authenticity to many Muslims, little research has been done to determine how much these fatwas affect the beliefs or behavior of the Muslim public. The word fatwa comes from the Arabic root f-t-w , whose meanings include 'youth, newness, clarification, explanation'. A number of terms related to fatwa derive from
18447-473: The vast majority of hadiths were handed down by only one or a few transmitters and were therefore seen to yield only probable knowledge. The uncertainty was further compounded by ambiguity of the language contained in some hadiths and Quranic passages. Disagreements on the relative merits and interpretation of the textual sources allowed legal scholars considerable leeway in formulating alternative rulings. In Imam Malik 's usage, hadith did not consist only of
18590-528: The very beginning in Islamic history ; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists -reflecting the tendencies of different schools - and integrated and with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional theory of Islamic jurisprudence recognizes four sources for Ahkam al-sharia :
18733-638: The victory of the Usulis who based law on principles ( usul ) over the Akhbaris ("traditionalists") who emphasized on reports or traditions ( khabar ) by the 19th century, Ijtihad would become a mainstream Shia practice. The classical process of ijtihad combined these generally recognized principles with other methods, which were not adopted by all legal schools, such as istihsan (juristic preference), istislah (consideration of public interest) and istishab (presumption of continuity). Considering that, as
18876-432: The way a woman should dress when in public; Muslim scholars have differed as how to understand these verses, with some stating that a Hijab is a command (fard) to be fulfilled and others say simply not. The statement in the Qur'an that determines the status of slaves and concubines in the understanding of Sharia is as follows; ma malakat aymanuhum or milk al-yamin meaning " those whom your right hands possess ". It
19019-540: The word can appear without religious connotation. In texts evoking a pastoral or nomadic environment, šarīʿah and its derivatives refers to watering animals at a permanent water-hole or to the seashore. One another area of use relates to notions of stretched or lengthy. The word is cognate with the Hebrew saraʿ שָׂרַע and is likely to be the origin of the meaning "way" or "path". Some scholars describe it as an archaic Arabic word denoting "pathway to be followed" (analogous to
19162-769: The words claimed to belong to Muhammad as is the case with Shiite Muslims . While hadith does not appear to be an important source of decision for early fiqh scholars such as Abu Hanifa , for later scholars, hadith is perceived as the words of Muhammad merely and is considered as a strong and separate source of decision alongside the Quran. Today, Quranists do not consider hadiths as a valid source of religious rulings. Maqāṣid (aims or purposes) of Sharia and maṣlaḥa (welfare or public interest) are two related classical doctrines which have come to play an increasingly prominent role in modern times. Abū Hāmid al-Ghazālī , Izz al-Din ibn 'Abd al-Salam and Abu Ishaq al-Shatibi used maslaha and madasıd as equivalent terms. Synonyms for
19305-851: The world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in Lower Egypt, East Africa, and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is commonly identified as extinct, continues to exert influence over legal thought. The development of Shia legal schools occurred along
19448-399: Was a practice used as a resolution tool in inter-tribal conflicts in pre-Islamic Arab society . The basis of this resolution was that a member from the tribe to which the murderer belonged was handed over to the victim's family for execution, equivalent to the social status of the murdered person. The "condition of social equivalence" meant the execution of a member of the murderer's tribe who
19591-581: Was a statement, signed in 2005 in Jordan by nearly 200 prominent Islamic jurists, which served as a "counter-fatwa" against a widespread use of takfir (excommunication) by jihadist groups to justify jihad against rulers of Muslim-majority countries. The Amman Message recognized eight legitimate schools of Islamic law and prohibited declarations of apostasy against them. The statement also asserted that fatwas can be issued only by properly trained muftis, thereby seeking to delegitimize fatwas issued by militants who lack
19734-472: Was created by the Organisation of Islamic Cooperation , but its legal opinions are not binding. Modern fatwas have been marked by an increased reliance on the process of ijtihad , i.e. deriving legal rulings based on an independent analysis rather than conformity with the opinions of earlier legal authorities ( taqlid ). While in the past muftis were associated with a particular school of law ( madhhab ), in
19877-437: Was equivalent to the murdered person. For example, only a slave could be killed for a slave, and a woman for a woman. In other cases, compensatory payment ( Diya ) could be paid to the family of the murdered. On top of this pre-Islamic understanding added a debate about whether a Muslim can be executed for a non-Muslim during the Islamic period. The main verse for implementation in Islam is Al Baqara 178: "Believers! Retaliation
20020-476: Was established in a number of madrasas (law colleges) as a centralized place for issuing of fatwas, and these organizations to a considerable extent replaced independent muftis as religious guides for the general population. Following independence, most Muslim states established national organizations devoted to issuing fatwas. One example is the Egyptian Dar al-Ifta , founded in 1895, which has served to articulate
20163-622: Was not foreseen by legal theory, which saw futya as a transaction between one qualified jurist and one "unqualified" petitioner. In theory, a mufti was expected to issue fatwas free of charge. In practice, muftis commonly received support from the public treasury, public endowments or private donations. Taking of bribes was forbidden. Until the 11th or 12th century, the vast majority of jurists held other jobs to support themselves. These were generally lower- and middle-class professions such as tanning, manuscript copying or small trade. In theory, fatwas could be delivered orally or in writing, but it
20306-568: Was preceded by a body of Islamic law not based on primacy of Muhammad's hadiths. Some articles that may be considered precursors of sharia law and rituals can be found in the pre-Islamic Arabic Religions ; Hajj , salāt and zakāt could be seen in pre-Islamic Safaitic-Arabic inscriptions, and continuity can be observed in many details, especially in todays hajj and umrah rituals. The veiling order , which distinguishes between slaves and free women in Islam , also coincides with similar distinctions seen in pre-Islamic civilizations. Qisas
20449-503: Was recognized early on that not all of them were authentic. Early Islamic scholars developed personal criteria for evaluating their authenticity by assessing trustworthiness of the individuals listed in their transmission chains. These studies narrowed down the vast corpus of prophetic traditions to several thousand "sound (seeming to collectors)" hadiths, which were collected in several canonical compilations. The hadiths which enjoyed concurrent transmission were deemed mutawatir ; however,
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