M6 T1 Islamic law I

Question 1

How is the classification of religious legal systems justified?

Answer 1

religion embodies law

Question 2

7 differences between the Islamic law and the Western law

Answer 2

1. Religion infiltrates all aspects of life in the Muslim world, while in the west it is reserved for personal life.
2. Religion and law in Islam is not separated
3. There is no separation between religion and politics in Islam
4. Different modes of legal reasoning
5. Difficulties of translating Arab texts
6. Islamic law is sacred, and the main legal source is religion
7. Islamic law mixes precepts relating to religious duties with others of a juridical character

Question 3

4 matters that must be taken into consideration when studying Islamic law

Answer 3

1. its age. Dating back to when Mohammed received revelations from Allah. It is 14 centuries old.
2. It is present in many nations across the world. In some countries as the main law, in others ruling a Muslim population.
3. Vast population
4. Within the Muslim world there are disputes to the meaning of the original divine text. There is no consensus as to sources of law and other fundamental questions.

Question 4

What does Islam mean?

Answer 4

Submission to the will of God, or Allah.

Question 5

Important events of the life of Mohammed

Answer 5

610: Mohammed received revelations from Allah through the angel Gabriel.
622: Mohammed performed the Hijra, he fled to Medina

In Medina is got a reputation as a political, military, and religious leader

Mohammed released a Holy war, jihad, against neighboring pagan tribes.

632: Mohammed’s death. Islam had spread throughout the Arabian Peninsula, and jihad was directed towards Asia and North Africa.

Question 6

Which three principles is the Koran founded upon?

Answer 6

1. Allah is one and indivisible
2. Mohammed is his prophet
3. After the Final Judgement there is a future life that is eternal

Question 7

Which version of the Koran is regarded as authentic and authoritative?

Answer 7

The original classical Arabic text

Question 8

What are the five canonical doctrines laid down by the Koran that affect the daily life of Muslims?

Answer 8

1. Absolutions/forgiveness
2. Prayer 5 times a day
3. Fasting during Ramadan
4. Charitable donation
5. Pilgrimage to Mecca

Question 9

Which body of law lay down a series of legal-religious obligations?

Answer 9

Sharia (it is the Arabic name for Islamic law)

Question 10

3 aspects of the Sharia to be considered when studying it

Answer 10

1. It is divine, created by God, not by earthly authority
2. It is heterogeneous, different norms etc
3. There is a dispute to its interpretation and application

Question 11

What part of the Islamic faith gives rise to disputes over interpretation, evolution and adaption of Islamic law?

Answer 11

All worldly power belongs to Allah, but he cannot exercise them himself

Question 12

What is the Doctrine of the Four Roots?

Answer 12

it regards the sources of the Sharia.

1. Primary sources that are of divine inspiration. Considered historical sources as they are taken directly from the word of Allah or Mohammed
   - The Koran: revelations transmitted by Allah to Mohammed
   - The Sunna: sayings and living habits of Muhammed
2. Secondary sources that are interpretative sources that explain the primary sources. Their role is disputed.
   - Ijma: unanimous consensus of religious scholars
   - Qiyas: reasoning by analogy

Question 13

What are the four sources of the Sharia?

Answer 13

1. The Koran
2. The Sunnah
3. Ijma
4. Qiyas