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Section 300: Shari’a And Schools Of Jurisprudence

Islamic Schools And Branches: Part I

There are a number of different branches and schools of jurisprudence in Islam.  The best known of these – Sunni Islam, Shi’a Islam, and Kharijites – split into what was mainly political at first, but eventually acquired theological and jurisprudential dimensions.  There are three traditional types of schools in Islam: schools of jurisprudence, Sufi orders, and schools of theology.  Also, we’ll summarize the major denominations and movements that have arisen in the modern era.

Islamic Schools And Branches: Part II

The main split between Sunni and Shi’a Islam was initially more political than theological, but over time theological differences have developed.  Still, differences in aqidah occur as divisions orthogonal to the main divisions in Islam along political or fiqh lines, such that a Muʿtazili might, for example, belong to Ja’fari, Zaidi or even Hanafi school of jurisprudence.

Islamic Schools And Branches: Part III

Twelvers believe in twelve Imams.  The twelfth Imam is believed to be in occultation, and will appear again just before the Qiyamah (Islamic view of the Last Judgment).  The Shi’a hadiths include the sayings of the Imams.  Many Muslims criticize the Shi’a for certain beliefs and practices, including practices such as the Mourning of Muharram (Mätam).  They are the largest Shi’a school of thought (93 percent), predominant in Azerbaijan, Iran, Iraq, Lebanon and Bahrain and have a significant population in Pakistan, India, Afghanistan Kuwait and the Eastern province of Saudi Arabia.  The Twelver Shi’a are followers of either the Jaf’ari or Batiniyyah madh’habs.

Islamic Schools And Branches: Part IV

Many scholars and critics distinguish between the old form of Saudi Salafism (termed as Wahhabism) and the new Salafism in Saudi Arabia. There is, however, a distinction between the two: “As opposed to Wahhabism, Salafism refers […] to all the hybridations that have taken place since the 1960s between the teachings of Muhammad bin ‘Abd al-Wahhab and other Islamic schools of thought.” During the 1960s and 70s, Wahhabism rebranded itself as Salafism knowing it could not “spread in the modern Muslim world” as Wahhabism.

Introduction To Shari’a (Islamic Law)

Shari’a is an Arabic word that literally means a path to be followed, and also commonly refers to a path to water.  The term is broad, encompassing both a personal moral code and religious law.

Shari’a: Islamic Law

The Arabic word sharīʿa has origins in the concept of ‘religious law;’ the word is commonly used by Arabic-speaking peoples of the Middle East and designates a prophetic religion in its totality.  Thus, sharīʿa Mūsā means religious law of Moses (Judaism); sharīʿa al-Masīḥ means religious law of Christianity; sharīʿa al-Madjūs means religious law of Zoroastrianism.

Origins Of Islamic Law

The origins of Islamic law is a field of inquiry fraught with difficulties. These proceed mostly from two problems; first, a dearth of securely datable “formative period” evidentiary materials; and, second, problematic reasoning on the part of inquiring scholars.  The “origins” question is decidedly modern, framed in the idiom of 19th-century European Orientalism and carrying forward many of its assumptions

Sunni Schools Of Law

The beginnings of the schools of law in Islam go back to the late Umayyad period, or about the beginning of the second Islamic century, when Islamic legal thought started to develop out of the administrative and popular practice as shaped by the religious and ethical precepts of the Qurʿān and the hadīth.  The role of the Qurʿān at this very early stage can be taken for granted, but the role of hadīth, or traditions of the Prophet, has been subject to debate among scholars; some maintain that they became efficacious only after Muḥammad ibn Idrīs al-Shāfīʿī (d. 820) insisted that they be. 

Creeping Shari’a In The United States?

Not too long ago, North Carolina approved a bill that prohibits judges in that state from considering “foreign laws” in making their legal decisions. Six other states have acted similarly about “foreign laws. Why didn’t these states mention “Shari’a law” as did Oklahoma? The reason is that two federal courts ruled as unconstitutional the singling out of Shari’a. Thus, those states that want to pass anti-Shari’a laws have had to resort to using the wider phrase, “foreign laws.”

https://www.jihadwatch.org/2021/06/anni-cyrus-on-the-infiltration-of-sharia-into-american-courts#respond

Shari’a Law and the U.S. Constitution

Before covering the various Muslim attitudes toward Shari’a and
Islamic law, a distinction needs to be made between those two
concepts. There is considerable confusion about them which has
contributed to interesting legal steps taken within some states in the United States, e.g., passing state laws preventing “Shari’a law” from being implemented.

Islamic Schools Of Legal Thought

A school of law in Islam is a madhhab (pl. madhāhib). The Arabic word madhhab stands for a path or way (ṭarīqah). In Sunnī Islam, there are four main schools of law; in Shīʿa Islam, there are three main schools.

Shari’a And The Separation Of Mosque And State

If shari’a law is for Muslims, what is its place in a Muslim-majority
nation? If the answer seems obvious, that may be part of the problem

The Application Of Sharia Law In The United States

In 2008 a Moroccan man and his 17-year old wife immigrated to
America. Not long after she filed a restraining order against him,
claiming her husband was raping her. The husband did not deny their sexual relations were non-consensual, but said that in his religion, the wife was supposed to submit and do all that he desired of her. The New Jersey judge found that given his understanding of Islam, he did not intend to commit a crime, and was therefore innocent. The restraining order was denied.

311 – 010 – Justice – POST UNDER CONSTRUCTION – Coming Soon

It has been argued that if the Christian worldview is predominantly cast in terms of love, then the Islamic one is suffused by a discourse on justice. As one commentator has put it, “Neither in the Qurʿān nor in the Traditions are there measures to indicate what are the constituent elements of justice or how justice can be realized on Earth” (Khadduri, pp. 10–11).

The Growing Conflict Between Secular Law And Shari’a

The terrorist attacks that took place in France and Austria because a French teacher had used Muhammad cartoons as an example of freedom of expression brought the issue of Islam and its compatibility with other societies back to the fore.

A LongRange Process Of Making America Muslim, All Of America Muslim

Sharifa Alkhateeb was a Muslim writer, researcher and
teacher on cultural communication and community building for Islam
and Muslims in the United States. She was involved in feminist causes,
domestic violence prevention, as well as interfaith and educational
organizations. She founded the first nationwide organization for Muslim women in the US and was the first woman to receive the Community Service Award from the Islamic Society of North America.

Islamic Schools Of Jurisprudence

The great majority of Muslims belong to one of several madhāhib (pl. of madhhab), schools of Islamic legal doctrine whose jurisprudence developed beginning about a century after the death of the Prophet Muhammad, in 632.

Polygyny

Polygyny, the practice of having more than one wife at the same time, may seem outdated in the modern era.  However, when sūrah 4:3 was revealed to the Prophet Muḥammad, it produced nothing short of a revolution in the way it improved conditions for women. 

Divorce

This article describes divorce law in the Muslim world in the period between the consolidation of Islamic legal doctrine (tenth century) until the time when the various states started to codify family law.  It distinguishes between the formal rules on the one hand and practice on the other. 

Fasting

Fasting is a prominent part of Islamic ritual practice, with the fast during the month of Ramaḍān being called one of the “five pillars” of Islam.l

From Shari’a to Taqwa: Islam and Ethics

The Islamic notion of human responsibility is epi,.m.jus bbb in the Qur’an by a m;mm struck between Allah and humanity before their placement on earth.

Muslims And United States Law

Although Muslims, like other individuals, remain subject to all generally applicable federal and state laws, the U.S. legal system nonetheless provides Muslims with a wide variety of legal tools to assist them in finding ways to engage in practices that they believe are religiously required of them, but that may differ from general practices and norms.

What Does Islam Teach About Violence

The Quran contains at least 109 verses that speak of war with nonbelievers.

The Qur’an And Science

This a topic becoming ever more important as Muslims try to not only present the Qur’an
as not conflicting with modern science, but make the much stronger claim that the Qur’an
is predicting modern scientific discoveries.

Why The Qur’an Is Not From Allah

The Qur’an makes a lot of claims about itself. It says that it is the perfect and incorruptible revelation of God to man, and that it is so important that it has existed eternally on tablets in heaven. Hmmm.

Section 300: Shari’a And Schools Of Jurisprudence

https://discerning-Islam.org

Last Update: 04/2021

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