Sharia Flashcards
Who were the Ulamah?
The religious scholars who have interpreted the Qur’an and the hadith and come up with a complex system of legalistic laws that form the basis of sharia
What did Muhammad do in Medina?
Made Medina an Ummah and he was a statesman and a prophet. This meant that from the start Islam was concerned with rules and regulations about how to live.
What does Sharia mean?
“a clear, straight path”
What are the main sources of law?
The Qur’an and the Sunna
What is the strength of the Qur’an?
It is the word of god and sets out everything a Muslim needs to know about how to live their life.
What is the issue with the Qur’an?
Doesn’t cover everything as it is not a book of laws. This means Muslims have to refer to other sources including the Prophetic Sunna.
What is the strength of the Sunna?
As Muhammad was the final prophet of Islam then he is the final example of how a perfect human being should live their life and his actions therefore should be a part of sharia.
How do Muslims view the Sunna?
Consider it to be divinely inspired but it is problematic as a source of law because it could be made up of later fabrications.
How does Joseph Schacht criticise the Hadiths?
Shows how the chain of transmission written prior to a hadith could have been added later to make them appear more authentic
What does Schacht say?
“The more perfect the Isnad the later the traditions”
What is the other issue with the traditions?
Gathered in the ninth century, purposely chosen with the aim of creating a sense of Islamic orthodoxy. Some Hadith contradict each other and the Qur’an.
What non Scripture is sharia based on?
Ijma, ijtihad, Qiyas, Taqlid
What is the Ijma?
Scholarly consensus on the points of law. It was through this that the schools of law were formed.
What is Ijtihad?
The human interpretative effort of Islamic law (fiqh). Comes from Jihad which means to struggle. It is the struggle to find answers and solutions to issues that have no easy answer from the Qur’an, Hadith and Sunnah.
What example suggests the Prophet supported Ijtihad?
“But when a Prophet asked if he could not find it in the Sunnah also, Ma’adh asked ‘I will exert myself to find the solution.’ The prophet thereupon patted him on his back and told him it was right”
Why do Shi’as support ijtihad?
Shi’a Muslims especially like the use of ijtihad as they believe the Imams such as Imam Ali applied their reason to new laws.
What is Qiyas?
Analogical reasoning. When jurists take a Qur’anic ruling and extend it to a new case by finding the underlying cause or reason for the original ruling.
What example does Turner give of Qiyas?
After the Adhan has been called from the mosque on Friday for Jummah prayers it is forbidden to buy or sell goods until the prayers are over. The underlying reason for this is that buying and selling goods distracts people from prayers. So by analogical reasoning all other transactions are forbidden at this time as they act as a distraction.
What example does Watton give of Qiyas?
If a Muslim wanted to know if snorting coke was lawful or not. They would look at the Qur’anic teachings on alcohol and conclude that it is forbidden to Muslim because it intoxicates. Therefore, taking cocaine is wrong because it intoxicates.
What is Taqlid?
Legal scholars following the past scholarly authority.
How does Sharia influence the five pillars?
Muslims use the Qur’an and Hadith to draw up the laws of worship under Sharia.
What are the 5 categories of law?
Fard, Musthab, Halal/Mubah, Makruh and Haram
What is Fard?
Obligatory acts - such as 5 pillars. Fard actions are binding and can be done as individuals
What is Musthab?
Preferred/encouraged - these actions are not compulsory but are preferred and all promote positive behaviour
What is Halal/Mubah?
Permitted such as freedom of personal choice over what to wear, halal food.
What is Makruh?
Discouraged examples include - urinating in stagnant water
What is Haram?
Forbidden acts - drinking alcohol, eating pork, adultery.
What did Muhammad say that supports ijma?
“My community will never agree upon an error”
