Living the law

Question 1

Define Shariah

Answer 1

literally means ‘a pathway in a desert which leads to the watering place or oasis’
general teachings of Islam
“commands, prohibitions, principles and guidance with which Allah has obliged mankind”

Question 2

Define fiqh

Answer 2

Detailed rulings of Shariah
understanding and development of the Shariah in particular contexts
‘knowledge containing the practical rules of the Shariah which are derived from detailed evidences and proof’

Question 3

What is Usul al Fiqh

Answer 3

Method of arriving at the detailed rules of fiqh through the sources

Question 4

Fiqh vs shariah

Answer 4

fiqh is the human understanding of the textual sources

shariah is the ruling/wording of Allah

Question 5

What is a fatwa

Answer 5

non binding Islamic legal pronouncement

Question 6

How can fatwas be used

Answer 6

1. individuals putting forward their evidence for other scholars
2. the setting up of fatwa councils that looks at pressing comtemporary issues and offer collective advicebased on Islamic law

Question 7

what is Nazilah

Answer 7

new scenarios that have no precedents in law are referred to as al-Nazilah
this is a word used for a fatwa request on a new issue requiring legal expertise
‘new legal occurrences’

Question 8

aim of Usul al Fiqh

Answer 8

to arrive at the detailed rules of fiqh through an informed understanding of the source of Islamic law

Question 9

what are the sources used in usul al fiqh

Answer 9

hadith
Quran
Prophetic example
process of ijtihad

Question 10

what is the process of ijtihad

Answer 10

solving legal problems and dilemmas as they occur through inferring the rules of fiqh from the Quran and Sunnah

Question 11

what are the 2 main sources of Islamic law

Answer 11

Quran

Prophetic Sunnah

Question 12

What are the 9 sources of Islamic law

Answer 12

Quran 
Sunnah 
Consensus of opinion 
Analogy 
Juristic preference - Istihsan
Public interest 
Local custom 
Blocking the means to harm 
Presumption of continuity

Question 13

Types of Quranic ruling

Answer 13

Rulings related to theology ie belief
Rulings related to purifying the soul, perfecting its character ie habit changing
Rulings related to the obligations and demands on mature, legally responsible individuals ie fiqh

Question 14

define sunnah

Answer 14

exemplary conduct of an individual

Question 15

What are sources of Shariah law

Answer 15

Quran

Sunnah

Question 16

Types of rulings in the Sunnah (4 E’s)

Answer 16

Emphasis - Sunnah emphasises the Quran
Explanation
Exceptions
Extra