Islamic Law Flashcards

1
Q

What is Shariah?

A

refers to legal rulings

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2
Q

What are the four main sectors of Islamic law?

A
  1. Worship (praying, fasting, hijah) 2. Business transactions (buying, selling, leasing) 3. Family law (marriage, divorce, custody) 4. Criminal laws
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3
Q

What is Fiqh?

A

Islamic Jurisprudence: knowledge of the practical legal rulings which is derived from their detailed evidences

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4
Q

What are practical legal rulings?

A

Physical manifestation of the traditions of the religion

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5
Q

What does legal mean?

A

Only deals with rulings related to law

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6
Q

What are rulings?

A

the address of the legislator which is related to the actions of the legally responsible

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7
Q

What is detailed evidence?

A

very detailed, individual verses or Hadiths

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8
Q

What is legal theory?

A

The knowledge of the general sources of law, how to derive laws from material and who could derive laws

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9
Q

What are sources of Islam law that are agreed upon?

A
  1. Quran 2. Hadith 3. Consensus of jurist (clear consensus: every single scholar uttered agreement on issue; silent consensus: scholars utter agreement on issue and no one disagrees) 4. analogy (original case, new case, ruling of original case, effective cause: reason why ruling was given in original case)
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10
Q

What are sources of Islam law that are disagreed upon?

A
  1. Opinion of companion 2. laws of previous religions 3. custom
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11
Q

What is the process involved with defining laws?

A

Communication from law giver on what subjects can and cannot do

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12
Q

What is an obligation legal ruling?

A

No option to not doing ruling- rewarded for doing it and punished for not doing it

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13
Q

What is a recommendation legal ruling?

A

Option given to not be done- not punished for not doing it

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14
Q

What is a permissible legal ruling?

A

Not ordered to do so or to not do so– no reward

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15
Q

What is a dislikable legal ruling?

A

Option given to not be done- not punished for not doing so

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16
Q

What is a prohibition legal ruling?

A

Lawgiver prohibited for something to be done definitely - rewarded for doing so and punished for not doing it

17
Q

What are declatory laws?

A

Cause, condition or impediment for an order/ruling

18
Q

What are the types of defining laws?

A
  1. Reasons 2. Conditions 3. Validity 4. Consensus 5. Preventative
19
Q

What are the divine objectives of legislation?

A
  1. Preservation of religion 2. Preservation of life 3. Preservation of wealth 4. Preservation of intellect 5. Preservation of lineage
20
Q

What are the levels of the divine objective of legislation?

A
  1. Necessary 2. Need 3. Luxury 4. Supportive
21
Q

What are legal maxims?

A
  1. actions are by intentions 2. harms is to be removed 3. customs are taken into account 4. difficulty brings about ease 5. certainty is not overridden by doubt
22
Q

What are the schools of Islamic law?

A
  1. Abu Hanifan (Hanfai school of law) 2. Malik ibn Anas (Malki school of law ) 3. Muhammad idiris Shafari (Shaf’ school of law) 4. Ahmed ibn Hanbali ( Hanbali school of law)