Sharia (Arabic: شريعة Template:ArTranslation) refers to the body of Islamic law. The term means "way" or "path"; it is the legal framework within which public and some private aspects of life are regulated for those living in a legal system based on Muslim principles of jurisprudence.
Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business law, contract law, sexuality, and social issues. Some Islamic scholars accept Sharia as the body of precedent and legal theory established before the 19th century, while other scholars view Sharia as a changing body, and include Islamic legal theory from the contemporary period. [citation needed]
Before the 19th century legal theory was considered the domain of the traditional legal schools of thought. Most Sunni Muslims follow Hanafi, Hanbali, Maliki or Shafii, while most Shia Muslims follow Jaafari (Hallaq 1997, Brown 1996, Aslan 2006).
Etymology
The term Sharia itself derives from the verb shara'a, which according to Abdul Mannan Omar's Dictionary of the Holy Qur'an connects to the idea of "system of divine law; way of belief and practice" (45:18) in the Qur'an.
Legal scholar L. Ali Khan explains that "the concept of shariah has been thoroughly confused in legal and common literature. For some Muslims, shariah consists of the Quran and the prophet’s Sunna but nothing else. For others, it also includes classical fiqh. Most encyclopedias define shariah as law derived from the Qur'an, the Sunna, and classical fiqh derived from consensus (ijma) and analogy (qiyas).This definition of shariah inappropriately lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as are the Quran and the Sunna. The Qur'an and the Sunna constitute the immutable Basic Code, which should be kept separate from ever-evolving interpretive law (fiqh). This analytical separation between the Basic Code and fiqh is necessary to" dissipate confusion around the term Sharia. See The Reopening of the Islamic Code:The Second Era of Ijtihad," 1 University of St. Thomas Law Journal 341 (2003)
General
Mainstream Islam distinguishes between fiqh, which means 'understanding of details' and refers to the inferences drawn by scholars, and sharia, which refers to the principles that lie behind the fiqh. Scholars hope that fiqh and sharia are in harmony in any given case, but they cannot be sure.[citation needed]
Sharia has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations (for example, the ban against drinking liquor as an intoxicant). It also has certain laws which are extracted based on principles established by Islamic lawyers and judges (Mujtahidun).
For traditional Sunni Muslims, the primary sources of Islamic law are the Qur'an, the Sunnah, the unanimity of Muhammad's disciples on a certain issue (ijma), and Qiyas (drawing analogy from the essence of divine principles). Qiyas — various forms of reasoning, including by analogy — are used by the law scholars (Mujtahidun) to deal with situations where the sources provided no concrete rules. The consensus of the community or people, public interest, and others were also accepted as secondary sources where the first four primary sources allow.[citation needed]
In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Qur'an, anecdotes of the Prophet's practices and those of the 12 Imams, and the intellect (aql). The practices called Sharia today, however, also have roots in local customs (Al-urf).[citation needed]
Islamic jurisprudence is called fiqh and is divided into two parts: the study of the sources and methodology (usul al-fiqh - roots of the law) and the practical rules (furu' al-fiqh — branches of the law).[citation needed]
The comprehensive nature of Sharia law is due to the belief that the law must provide all that is necessary for a person's spiritual and physical well-being. All possible actions of a Muslim are divided (in principle) into five categories: obligatory, meritorious, permissible, reprehensible, and forbidden. Fundamental to the obligations of every Muslim are the Five Pillars of Islam.
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Sections of Sharia law
Sharia law is divided into two main sections:
The acts of worship, or al-ibadat, these include:
Ritual Purification (Wudu)
Prayers (Salah)
Fasts (Sawm and Ramadan)
Charities (Zakat)
Pilgrimage to Mecca (Hajj)
See mu`amalat laws according to 5 major schools of jurisprudence
Human interaction, or al-mu'amalat, which includes:
Financial transactions
Endowments
Laws of inheritance
Marriage, divorce, and child care
Foods and drinks (including ritual slaughtering and hunting)
Penal punishments
Warfare and peace
Judicial matters (including witnesses and forms of evidence)
See mu`amalat laws according to 5 major schools of jurisprudence and The Majallah
2006-09-20 16:37:05
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answer #1
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answered by Anonymous
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Sharia is literally means "way" or "path". It is a body of Islamic Law, Islamic jurisprudence. It is a law system that is supposed to be based on the Qur'an and the Hadith. Alot of times, when you hear the term "Sharia" in the news today, they are speaking of an Islamic government, many of which do not follow true Islam (take the taliban for instance). Also see http://en.wikipedia.org/wiki/Sharia
2006-09-20 16:40:44
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answer #2
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answered by Michael M 3
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you're no longer allowed to bash Islam. Ever. they do no longer like it so will record you. Sharia regulation has no place interior the West and in the event that they like to stay like barbarians they could desire to pass to an Islamic u . s .. Oh specific! No loose abode and reward so i think they're going to stay. Waseem: properly executed, you called him Jesus Christ - you're actually Christian. happy you have time-honored he's CHRIST (Son of God) and found the authentic faith. He could in no way enforce Sharia regulation. he's approximately peace and love no longer hate.
2016-10-17 09:06:27
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answer #3
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answered by bergene 4
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Shariah is Islamic Law, derived from the Qur'an and based on the teachings of the Prophet, as understood by his closest companions (advisors).
Shariah prescribes death to rapists. What's wrong with that?
Shariah prescribes death to murderers. What's wrong with that?
Shariah prescribes death to armed highway robbery. What's wrong with that?
If you applied Shariah law to your own countries, maybe you won't have to fear stepping on to you streets so much.
Peace.
2006-09-20 16:38:48
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answer #4
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answered by Anonymous
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