Sharia law is Islamic law. When a government is based on Islamic principles, Sharia is the basis of the legal system. It covers public and some private aspects of life, just like any other system of civil law. But it is based on the Koran, the Hadiths, and many centuries of scholarship and discussion.
There is no one set of laws that can be called Sharia; rather, Sharia is a way of creating laws based on Islamic faith and tradition.
Traditional Sharia law, developed before the 19th Century, is promoted by extremist groups like Al Qaeda. Most modern Muslims do not favor traditional Sharia law.
Many Muslims do not believe that Sharia should be the basis of national law, but that the government should be secular. Others feel that when Sharia law is modernized, it is suitable for the modern world.
The Sharia law that we often hear of is the traditional kind practiced by extremists and by very conservative Muslim countries.This involves practices like the burka, amputation or stoning as penalties for crime, etc.
Modernized Sharia would not include these requirements.
2007-02-02 04:45:03
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answer #1
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answered by The First Dragon 7
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Sharia (شريعة translit: Sharī‘ah) is 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]
There is not a strictly codified uniform set of laws pertaining to Sharia. It is more like a system of devising laws, based on the Quran, Hadith and centuries of debate, interpretation and precedent.
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).
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 and Syed Ahmed Hussain Hyderabadi explains that "the concept of sharia has been thoroughly confused in legal and common literature. For some Muslims, sharia consists of the Qur'an and Sunnah. For others, it also includes classical fiqh. Most encyclopedias define sharia as law derived from the Qur'an, the Sunna, and classical fiqh derived from consensus (ijma) and analogy (qiyas).This definition of sharia 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.
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.
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 derived from principles established by Islamic lawyers and judges (Mujtahidun).
The primary sources of Islamic law are the Qur'an and Sunnah.
To this, traditional Sunni Muslims add the unanimity (ijma) of Muhammad's companions (Sahaba) on certain issues, and drawing analogy from the essence of divine principles (Qiyas).
Qiyas — various forms of reasoning, including by analogy — are used by the law scholars (Mujtahidun) to deal with situations where the sources provide no concrete rules. The consensus of the community or people, public interest, and others are also accepted as secondary sources where the first four primary sources allow.[citation needed]
Shi'a Muslims reject this approach. They strongly reject analogy (Qiyas) as an easy way to innovations (bid'ah), and also reject consensus (ijma) as having any particular value in its own. During the period that the Sunni scholars developed those two tools, the Shi'a Imams were alive, and Shi'a view them as an extension of the Sunnah, so they view themselves as only deriving their laws (Fiqh) from the Qur'an and Sunnah. A re-occurring theme in Shi'a jurisprudence is logic (Mantiq),[3] something Shi'a believe they mention, employ and value to a higher degree than Sunnis do. They do not view logic as a third source for laws, rather a way to see if the derived work is compatible with the Qur'an and Sunnah.
In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Qur'an, anecdotes of Muhammad'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.
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)
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
2007-02-02 04:58:31
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answer #2
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answered by sakura ♥ 3
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