Islamic Law Flashcards
What is Shariah?
refers to legal rulings
What are the four main sectors of Islamic law?
- Worship (praying, fasting, hijah) 2. Business transactions (buying, selling, leasing) 3. Family law (marriage, divorce, custody) 4. Criminal laws
What is Fiqh?
Islamic Jurisprudence: knowledge of the practical legal rulings which is derived from their detailed evidences
What are practical legal rulings?
Physical manifestation of the traditions of the religion
What does legal mean?
Only deals with rulings related to law
What are rulings?
the address of the legislator which is related to the actions of the legally responsible
What is detailed evidence?
very detailed, individual verses or Hadiths
What is legal theory?
The knowledge of the general sources of law, how to derive laws from material and who could derive laws
What are sources of Islam law that are agreed upon?
- 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)
What are sources of Islam law that are disagreed upon?
- Opinion of companion 2. laws of previous religions 3. custom
What is the process involved with defining laws?
Communication from law giver on what subjects can and cannot do
What is an obligation legal ruling?
No option to not doing ruling- rewarded for doing it and punished for not doing it
What is a recommendation legal ruling?
Option given to not be done- not punished for not doing it
What is a permissible legal ruling?
Not ordered to do so or to not do so– no reward
What is a dislikable legal ruling?
Option given to not be done- not punished for not doing so