Islamic Law Concepts

Question 1

what is ra’y

Answer 1

The personal discretion or sound opinion

Question 2

who is a qadi?

Answer 2

a judge.

Question 3

Who is the ulama?

Answer 3

Religious scholars

Question 4

What is the hadith and sunnah relation?

Answer 4

They became practically synonymous. Hadith being a vehicle or carrier of an example of the Prophets conduct.

Sunnah is used to describe the normative practice of Muhammad, the authoritative example of how to live a good muslim life

Question 5

What is an athar?

Answer 5

Traditions from the Companions and Successors, important but secondary to genuine prophetic accepted Hadith.

Question 6

Hadith Qudsi?

Answer 6

Words in which Allah speaks in first person

Question 7

Hadith Al Nabi

Answer 7

A report transmitted directly from the prophet.

Question 8

What are the two parts of a hadith?

Answer 8

The isnad (chain of transmitters) and the Matna (the body, or story).

Question 9

Mawdu’at

Answer 9

Forged Hadiths

Question 10

What is Shari’a

Answer 10

Islamic Law based on the Q and the Traditions, prescribing religious and secular duties, and penalties for law breaking.

• The manner by which it is applied in modern states is a subject of dispute between Muslim traditionalists and reformists.

Question 10

Ijtihad

Answer 10

“Effort”. The Independent or original interpretation of problems not precisely covered by the Quran or Hadith and Ijma (scholarly consensus)

Question 11

What is ijma?

Answer 11

Scholarly consensus on a point of law, by the islamic community. There can be many types, from different groups, so it depends on who you agree with.

Question 12

What is taqlid?

Answer 12

The unquestioning acceptance of legal decisions without knowing the basis of these decisions

Question 13

Taqlid and Ijtihad?

Answer 13

Taqlid is to follow precedence made by Mujtahid, “to imitate”,whereas Ijtihad is original and independent reasoning on a point of issue without needing to consult the precedence. ijtihad encourages more inquisition, became more popular.

Question 14

What is fiqh?

Answer 14

Islamic law, derived from the Tradition and Quran

Question 15

What are the Sunni Legal Schools?

Answer 15

The Hanafi Legal School (East Middle East)
The Maliki School (Northern Africa)
Shafi’i (Indonesia)
Hanbali (UAE)

Question 16

What is a school of law?

Answer 16

A madhab is a legal school. They comprise of understandings of Sharia.

Question 17

What is the Hanafi Madhhab?

Answer 17

From around the 767, founded by Abu Hanifah, He did note down alot of analogies (qiyas), which tended to be strictly applied. Offered role of Qadi, but refused it.

Question 18

Who was Ibn Khallikan (1282)

Answer 18

A guy who recorded data in Medieval Islamic Period on historical events and outstanding figures, mainly known for his interest in Sunni Madhhab schools

Question 19

What was the Maliki School?

Answer 19

A contemporary of Hanifah, Founded by Malik
- A profound devotion for the traditions of the prophet. He wrote two thousand Hadiths.

Question 20

What was the Shafi’i School?

Answer 20

A student of Malik, Abu Al-Shafi’i, descendant of the Quraysh tribe. Ibn Khallikan was a Shafi’i.
Al Shafi’i wrote a lot of legal production, apparently a very smart man, who systematized
-Held it that the concept of sunnah should be narrowed. tried to make it so that only Hadith that could be traced back to the Prophet as the last narrator in the isnad be counted as Sunnah. To eliminate innovation and fiction. - was not very succesful.
- Qiyas must firmly based on the Quran and the Sunnah - he hoped to eliminate discretionary use of ra’y or istihsan
- Adopted “Ijma” (Consensus) (was meant to be the consensus of all muslims, but later legal theorists changed their tune to mean the agreement of the Mujtahids (Person of islamic authority).

Question 21

What four key things did Al-Shafi crystallise for the classical theory of islamic law? What was his legacy?

Answer 21

The QUran, the Sunnah of the Prophet as contained in recognised Traditions, The method of reasoning by analogy (qiyas), and the consensus of ijma.

Question 22

Ijma

Answer 22

Consensus. Depends on the group, lots of arguments about this.

Question 23

Categories for actions in law?

Answer 23

“Fard (obligation)” all the way to “haram”, forbidden.

Question 24

When was most of the islamic law written?

Answer 24

from the 8th to 10th.

Question 25

What is a fatwa?

Answer 25

an advisory legal opinion based on islamic tradition, but with no binding force

Question 26

What is a mufti?

Answer 26

A specialist in islamic law capable of making fatwas.