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Sharia Law Flashcards

1
Q

What does Shari’a mean?

A

the straight path ; an approach to a watering place (Turner)

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2
Q

what is the Ulamah?

A

Religious scholars who have interpreted the quran and hadith and devised a complex system of laws that form the basis of sharia

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3
Q

Why was Islam concerned with rules about how to live from the start?

A

Muhammad made Medina an Ummah (community) and was a statesman and prophet. There was no division between religious and civil law, there was one law - Sharia

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4
Q

Why should Muslims refer to sources of law other than the main ones, the Qur’an and Sunna?

A

The Quran is not a book of laws so does not cover everything.

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5
Q

What is Ijma?

A

Scholarly consensus on the points of law. The schools of law were formed through this.

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6
Q

What is Ijtihad?

A

Human interpretative effort of Islamic law. They struggle (jihad) to apply the law to more modern situations, to find answers and solutions to issues that have no obvious answer in the Qur’an/hadith/sunna

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7
Q

How does the hadith suggest the importance of Ijtihad?

A

Ma’adh said “I will exert myself to find a solution” to something not in the Sunna.

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8
Q

Why do Shia Muslims especially like Ijtihad?

A

They believe imams such as Ali applied their reason to new laws.

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8
Q

What is qiyas?

A

Analogical reasoning, part of the process of Ijtihad. It is when jurists take a Qur’anic ruling and extend it to a new case by finding the underlying cause for the original ruling.
e.g if a muslim is wanting to know if snorting coke is lawful, they would look at Qur’anic teachings on alcohol, and conclude that is is forbidden as it intoxicates

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9
Q

What is Taqlid?

A

Part of the process of Ijtihad, where the legal scholars follow past scholarly authority.

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10
Q

What is fiqh?

A

Jurisprudence, the attempt to understand how practical laws have been derived from the main sources of law

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11
Q

The branches of understanding of Islamic law cover laws on Ibadat. What is Ibadat?

A

acts of worship, prayer, alms giving, fasting, pilgrimage

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12
Q

The branches of understanding of Islamic law cover laws on Mu’amalat What is Mu’amalat?

A

transactions, and includes family law, commercial, civil and criminal law

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13
Q

What do the roots of understanding cover?

A
  1. The categories and values of law i.e what is obligatory, recommended, permitted, discouraged and the forbidden.
  2. The sources of law (these vary according to the different law schools) but always include the Qur’an , the Sunna and scholarly consensus-IJMA
  3. The rules for how to come up with the laws for the sources
  4. The principle of Ijtihad which is the use of independent judgement.
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14
Q

Why is sharia practised differently in some areas?

A

it is interpreted differently by jurists. eg some muslims interpret the Quran to justify education of women, while some don’t

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15
Q

What is the first category of law?

A

Fard

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16
Q

What is fard?

A

Obligatory acts - practising 5 pillars, fulfilling community obligation, observing food laws. They are binding, and can be done as individuals, or as a collective, where someone does something on behalf of others eg perform funeral prayers

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17
Q

What is the second category of law?

A

Musthab

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18
Q

What is Musthab?

A

Encouraged/preferred acts - not compulsory but preferred actions that promote positive behaviour such as male circumcision, extra prayers, visiting family, getting married, looking after parents

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19
Q

What is the third category of law?

A

Halal/Mubah

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20
Q

What is halal/mubah?

A

Permitted/allowed acts - halal food, change in politics and policies, freedom of personal choice over what to wear

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21
Q

What is the fourth category of law?

A

Makruh

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22
Q

What is Makruh?

A

Discouraged acts - urinating in stagnant water, sleeping in late, debate about abortion

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23
Q

What is the fifth category of law?

A

Haram

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24
Q

What is haram?

A

Forbidden acts - drinking alcohol, eating pork, killing innocents, adultery, homosexuality

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25
Q

Why is it important to keep the laws?

A

It is the will of God, making them a good khalifa, so they will have a good afterlife.

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26
Q

How did the law schools (Madhhabs) develop?

A

As Islam spread across the world, the first four caliphs, who relied on the Qur’an, sunnah and law of Medina, became more criticised for their judgements. Judges (Qadis) were appointed by the provincial governors, and used the Qur’an, Hadith and Sunnah along with the local custom and their own discretion in the administration of justice. The appointment of these judges led to the establishment of the 4 main laws schools in different parts of the empire.

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27
Q

What law school do Shi’ites use?

A

Ja’fari. They put more stress on reason and human intellect regarding the law.

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28
Q

What is the Hanafi school?

A

The most widespread school Syria, Jordan, Iraq, Turkey, North India, Pakistan, China, Central Asia. A third of all Muslims are Hanafis.
This is the most liberal and flexible of the law schools.
Their main sources of law are the Quran, sunnah and hadith, Qiyas, Juristic discretion, and Ijma

29
Q

What is the Maliki school?

A

Dominant in Egypt, North Africa, but not popular in Medina where it originated.
Their main sources of law are the Qur’an, Hadith and Sunna, custom, and Istislah (public interest) NOT IJTIHAD

30
Q

What is the Shafi’i school?

A

Found on the Indian subcontinent and South East Asia Malaysia, Indonesia, Syria
Their main sources of law are the Quran, the Sunna as enshrined in the hadith, the Ijma, and Qiyas

30
Q

What is the Hanbalite school?

A

This was dominant in Arabia especially used by the Wahhabi sect of Saudi Arabia. This was the final law school and arose in opposition to the other three as Hanbal thought they relied too much on custom, analogy, consensus and opinion. Instead he thought laws should simply come from the Qur’an, the Sunna and the Hadith. These were to be understood literally.
Their sources of law were the Qur’an, sunna and hadith, the legal rulings and sayings of the prophet’s companions (which must not contradict the Quran/sunna), Analogical reasoning only when absolutely necessary. (NO IJTIHAD)

31
Q

Why did Taqlid become used more?

A

Eventually having the different law schools caused problems and it was decided that the gate of Ijtihad must be closed. Scholars should no longer use their own reasoning through analogy (the qiyas,) Ijtihad, Istihasan, and Istislah. Instead they had to follow the rulings of their predecessors (TAQLID) rather than come up with independent rulings.

32
Q

Is sharia God’s law or human law?

A

According to Colin Turner in the Sharia is made up mostly of human law. It has not got an awful lot to do with the precepts that come from the Qur’an. However, traditionalist muslims would disagree with this. That which passes as Islamic law in most countries is made up of a hybrid of Qur’anic precepts, moral and social codes that come from the Sunna of the Prophet Muhammad and the rulings of jurists that are based on personal interpretation of the Sources of law, the Qur’anic precepts and the Sunna. These rulings are very human and subjective and fallible. Only the Qur’an can claim to be divine and even then its contribution to the Islamic law is minimal. To use the term Islamic law is misleading. It would be closer to the truth to refer to the law as “law abstracted by Muslims from a mixture of divine and human sources.”

33
Q

What are the strengths of Sharia law?

A
  • It unifies the whole of life (political, religious and normal)
  • It ensures submission to God’s will and ensures Muslims live a peaceful life
  • It is based on the Quran/hadith/sunnah
  • Following taqlid links the past and present
  • Using Ijtihad means the law can keep up with modern times, meaning there is room for innovative thinking of fiqh
  • Prophet Muhammad received the Qur’an over 23 years, which implies that Muslims can progress with laws even today as new situations arise
  • Shi’as use aql (human reason) as Ali did, so are still using the past ideas of Imams
34
Q

What are the weaknesses of Sharia law?

A
  • The Qur’an is the eternal unchanging word of Allah and so cannot be changed, though this means new issues may arise that have no Quranic guidance
  • It can be very difficult to apply Shari’a to modern living. Scholars who has suggested the Shari’a should be modernised have even been put to death.
  • Revelations have changed so the laws should too, as there are contradictions even in the Qur’an due to cultural changes
  • The guarantor method of Hadith is unreliable.
  • There are too many law schools so it is difficult to know what laws should be or which to follow
  • As legal judgements became institutionalised, muslims focussed more on taqlid, so were blindly following juridical precedent
  • There can be overconfidence in the role of human reason
  • Some countries only use Sharia for family law, or have abandoned Sharia altogether (eg Turkey) so there is no consensus in the Muslim world
35
Q

How should Sharia be as an ideal?

A

The ideal is to follow the Qur’an, hadith and sunnah. Also the Ijma and custom are important. And “not agree upon an error”

36
Q

How is Sharia in practice?

A
  • Traditionalists believe it should be followed as the Quran states, without using reason after the gates of Ijtihad closed
  • Other modernists believe that as the Quran gave messages to suit the context and time, Sharia should too.
  • The law schools disagreed, and sharia is implemented in different ways.
  • In some countries, Sharia is observed alongside the law of a country.
37
Q

What is the Quranic teaching on alcohol? 5:90

A

“O you who believe, intoxicants are the work of the devil” ……. “Satan’s plan is to sow hatred and enmity amongst you with intoxicants and gambling, and to hamper you from the remembrance of Allah and from prayer. Will you not give up?”

38
Q

What is the Quranic teaching on alcohol? 4:43

A

“O you who acknowledge, Do not go near prayer, (Salat) while you are stupified (under influence), until you know what you are saying“

39
Q

What is the Quranic teaching on alcohol? about intoxicants and gambling…

A

say, “In them there is a gross “ithm” (sin), and some benefits for the people. But their sinfulness far outweighs their benefit.”

40
Q

How did Muhammad reveal the ban on alcohol?

A

First suggested there are some benefits, then demanded that prayers be offered when sober, then finally declared a ban on alcohol. This is an example of how Prophet Muhammad revealed laws gradually to suit his audience, culture etc. it could be used to argue that laws can be updated gradually which the process of Ijtihad does allow as circumstances change in modern culture.

41
Q

What is Kham’r ?

A

It means covering in Arabic. Kham’r is any substance or emotion or feeling that covers one’s judgment and reasoning about right from wrong. It can be defined as a state of “intoxication”, a state of “altered consciousness”, a state of “stupor”. So alcohol is haram as it covers one’s judgement.

42
Q

What other alcohol related acts are prohibited?

A

The hadith prohibits having alcohol in the house, giving it as a gift, or selling produce for people to make alcohol from. They are also prohibited from owning shares in a brewery (as you cannot profit from what is forbidden), from selling/trading alcohol, and taking medicine containing alcohol IF it covers judgement.

43
Q

How can qiyas be used to prohibit drugs?

A

Jurists who use Ijtihad claim that as drugs cover – Kham’r the senses and they should be banned in the modern day. Same quotes regarding alcohol are used (eg sin greater than benefit)

44
Q

What did Muhammad say about intoxicants?

A

“every intoxicant is Khamr so every intoxicant is haram”

45
Q

Does the Quran say anything about smoking?

A

It says nothing specific about tobacco smoking, however it does give behavioural guidance.

45
Q

How were Ijtihad and Qiyas used regarding smoking?

A

While smoking does not directly ‘cover’ the mind and judgement etc, the addiction to nicotine may be what does cover the mind, similar to alcohol, and as alcohol is banned, by use of qiyas it seems smoking should be banned too. “every intoxicant is khamr so every intoxicant is haram”

46
Q

What does the Quran 2:195 say? and spend…

A

“And spend of your substance in the cause of God, and make not your own hands contribute to your own destruction”

47
Q

What does the quran say on wastefulness?

A

“Do not throw yourself into danger by your own hands… Eat and drink but do not waste. In fact, He does not like those who are wasteful “

48
Q

Finish the quote “and do not….

A

harm yourselves”

49
Q

Finish the quote “indeed the worst……

A

of living creatures in the sight of Allah are the deaf and dumb who do not use reason.”

50
Q

What does Saudi Arabia say regarding smoking?

A

It is prohibited. “In view of the harm caused by tobacco, growing, trading in and smoking of tobacco are judged to be haram (forbidden). The Prophet, peace be upon him, is reported to have said, ‘Do not harm yourselves or others.’ Furthermore, tobacco is unwholesome, and God says in the Qur’an that the Prophet, peace be upon him, ‘enjoins upon them that which is good and pure, and forbids them that which is unwholesome’”

51
Q

What does Egypt say regarding smoking?

A

It is prohibited. The Quran says, “And spend of your substance in the cause of God, and make not your own hands contribute to your own destruction (2; 195).” Smoking causes your own destruction through ill health and addiction. Additionally, jurists rely on the exhortations in the Qur’an not to waste money.

52
Q

What do South East Asian countries say regarding smoking?

A

It is disapproved of but not prohibited. Bearing in mind that the Qur’an does not mention tobacco or smoking jurists may have used the following verse to arrive at this conclusion using analogical reasoning-about intoxicants and gambling: say, “In them there is a gross “ithm” (sin), and some benefits for the people. But their sinfulness far outweighs their benefit.” This may still be the principle used by jurists in South East Asia today

53
Q

What is usury (riba)?

A

Usury (riba) is the practise of lending money at unreasonably high interest rates.
All forms of economic exploitation are forbidden in Islam according to orthodox Muslims.

54
Q

What is riba al-nasiya?

A

an excess (riba) charged for a loan in cash or kind

55
Q

What is riba al-fadl?

A

the simultaneous exchange of unequal quantities or qualities of a given commodity- this applies to bartering for goods

56
Q

Why did Muhammad prohibit usury?

A

Muhammad’s prohibition on usury goes back to his relationship with the Jews of Medina. He regarded them as fellow believers for some time but when he appealed to them for contributions they would only lend loans with interest rates.
This wrongdoing is mentioned in the Qur’an 4 v 160 where it says of the Jews –of “their taking usury ( interest) when they had been forbidden to do so.” This implies that the Jews should have taken the Muslims as their fellow believers and they should not have charged them interest.

57
Q

What does Quran 30:39 say on riba?

A

“And whatever riba you give so that it may increase in the wealth of the people, it does not increase with God”

58
Q

What are scholarly views on Quran 30:39?

A

Al- Tabari who goes back to the time of the Prophet’s companions believes that the work in the Qur’an quote means gift – and is not referring specifically to interest. However, another scholar al-Jawzi states that the Qur’an verse it refers to riba. Thus, there is insufficient indication from this verse that riba is prohibited.

59
Q

What quote in the Quran forbids the lending of money with interest?

A

Sura 2:275 “they say “trade is like usury” but God has permitted trade and forbidden usury”

60
Q

What hadith from Abu suggestes riba al-fadl is wrong?

A

The Prophet said (to us), “No (bartering of) two Sas for one Sa nor two Dirhams for one Dirham is permissible”, (as that is a kind of usury).

61
Q

What hadith from Ibn Umar suggestes riba al-fadl is wrong?

A

Muhammad said “The selling of wheat for wheat is riba (usury) except if it is handed from hand to hand and equal in amount.”

62
Q

What hadith from Abu Huraira suggests riba al-fadl is wrong?

A

The Prophet said, “Avoid the seven great destructive sins.” - one of them he said was “to eat up riba”

63
Q

What did scholar Ibn Majah say that Muhammad said about riba?

A

He declared the practice of riba worse than “a man committing zina (fornication) with his own mother”

64
Q

What did Muhammad Akran Khan believe about Riba?

A

According to current orthodox scholars interest is a violation of Shari’a law. However, Khan argues that the Prophet Muhammad nor the first 4 caliphs put any law on riba into action.
“the Prophet could easily have announced the broad features of such a law. The fact is that neither the Prophet nor the Qur’an has announced any law relating to interest….The attempts to convert these injunctions into a public law are quite recent. … Neither the Prophet nor the first four caliphs nor any subsequent Islamic government ever enacted any law against riba”

65
Q

What did Ayatillah Khomeine say on Riba?

A

He does not call the charging of interest a crime (or even forbid it), but states that lending without charging interest, “is among the good works that are particularly recommended in the verses of the Quran and in the Hadiths.”

66
Q

How do Muslim banks use qiyas?

A

They apply the Quranic verses on usury to forbid interest in transactions using analogical reasoning.

67
Q

How do Muslim banks operate?

A

They should share profits rather than charge and give interest. A profit can only be made if the lender is exposed to the same risks as the borrower. If the business prospers then the lender receives back the money they they invested and a share of the profits made but if the business fails then the lender makes a proportional share of the losses as well. This leads to more responsible lending. Also, it stops producers selling their goods at far too high prices to pay off high loans with added interest.

68
Q

Why do Muslims believe banning interest is good?

A

Muslims believe that if interest is banned then it shares out the wealth because interest takes money from the poor and gives it to the rich whereas Islam takes the money from the rich and gives it to the poor.

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