M6 T2 Islamic law II Flashcards
What is the content of the Koran?
Precept for good conduct and a guide to how Muslims should structure their society and behave.
Was the Koran created ex novo by Mohammed?
No. Its principles were based on pre-existing customs that were modified or supplemented if deemed unsatisfactory..
One can also see some influence from Jewish and Christian scriptures.
Why was the Koran considered innovative for the mentality of the time?
It provided modern principles such as the fact that women could also inherit estate.
500 verses of the Koran contains norms that could be defined as juridical, which following characteristics do they have?
- Decisions adopted for specific cases
- lack objectivity and precision
- They are not sufficiently detailed, so there is a need for the secondary sources of interpretation.
What is the relationship between the Sunnah and the Koran?
The Sunnah is a supplementary source to the Koran
What does the term Hadith refer to?
Particular statements or deeds performed by Mohammed
Which two parts is a Hadith composed of?
- The specific act committed by Mohammed
2. A list of the direct witnesses to the act that passed the message on
What is the Ijma?
A rational procedure to find a unanimous agreement on the view of a given topic
How is Ijma regarded by Sunnis and Shi’a?
Sunni Muslims see it as the third fundamental source of law, while Shi’a muslims regard it as a source only to a limited extent.
Which two conditions must a decision on a point of Sharia doctrine follow to be considered a source of law?
- Supported by majority of Islamic scholars
2. No contrary opinion against the majority view
what is the process of Qiyas?
a deductive analogy where existing norms are used to find solutions for new circumstances that are not specifically regulated
What are the two classes of Qiyas?
- Reasoning
2. Deduction
Why are Qiyas a necessary supplementary source?
Norms for a specific case are not to be used on analogous cases. They are supposed to be applied only the particular situation.
Why is the use of Qiyas debated?
It is not seen as reliable enough due to human failures. In some parts of the muslim world it is not considered a source but merely a way of interpreting the other sources.
What happened to Sharia law after the death of Mohammed?
Due to the dispute over his successor and the divide of Muslims into Shia and Sunni, distint interpretations and application of Sharia was a consequence?
How is the existence of different interpretations of the Sharia law viewed in the Muslim world?
it is widely accepted and seen as a result of the divine will
What are the different schools of law i Islam?
4 Sunni Schools
- Hanafi
- Maliki
- Shafi’i
- Hanabali
(divided by the way norms are applied and the manner of studying Islam.)
The different Shi’a schools were unified in the 18th century to one school.
-Ja’fari school
When did the Sharia acquire a classical form?
between the 9th and the 12 centuries
What happened to Islamic law after the fall of the Ottoman Empire and colonial expansion?
the Muslim world changed radically and Islamic law began to open up to Western judicial influence.
In which four ways did the Islamic law open up to the western juridical influence?
- Saw western law as more capable of responding to challenges of modernity
- Fusion between Islamic law and Western law. Adopted civil, criminal and mercantile codes
- Disputes over family law arose as the family is a bastion of the Islamic law
- Some became secular, others returned to the Islamic juridical tradition
What are the two versions of the Sharia in the 21st century, and what is the intermediate position?
- Koranic sanctions are imposed, and there is a pressure for the total revival of Sharia.
- Argue that Sharia should be totally eradicated as it cannot adapt to changing social needs
Intermediate: Sharia combined with western law.
Which sources of law have been accepted by contemporary movements of Sharia?
Custom and usage and decrees issued by a sovereign power
4 general features of the Sharia
- It cannot be repealed by any human power, and is therefore not able to adapt to changing times.
- heterogeneous as it combines religious duties with legal obligations
- It is universal as it applies to all Muslims with some exceptions provided in the Sharia.
- It is an autonomous system with a consensus on doctrine and the analogical method.
Which five categories is the Human behaviour classified into in the Sharia?
- Obligatory
- Recommended
- Neutral
- Discouraged
- Forbidden
Is private or public law predominant in the Sharia?
Private law as it hardly contains any principles of public law.
For an authority to make it obligatory to pay taxes, they must use the principle of giving money to the poor.
how are the juridical categories separated?
There is no separation and procedural rules are mixed with norms of substantive law
Is the Sharia case based or based on setting up general principles to cover all possible circumstances that might arise in a social context?
It is case based. It only applies a norm to the specific case in question
Juridical concept are complicated as they vary based the specific context. What is an example of this?
if a person finds an object lost in a public street:
- If poor, he may keep it
- if rich, he must give it away to charity ( this can not be a family member.)
