islam LAW AND JURISPRUDENCE
The Sharia (literally "the path leading to the watering place") is Islamic law formed by traditional Islamic scholarship, which most Muslim groups adhere to. In Islam, Sharia is the expression of the divine will, and "constitutes a system of duties that are incumbent upon a Muslim by virtue of his religious belief".[60]
Islamic law covers all aspects of life, from matters of state, like governance and foreign relations, to issues of daily living. The Qur'an defines hudud as the punishments for five specific crimes: unlawful intercourse, false accusation of unlawful intercourse, consumption of alcohol, theft, and highway robbery. The Qur'an and Sunnah also contain laws of inheritance, marriage, and restitution for injuries and murder, as well as rules for fasting, charity, andprayer. However, these prescriptions and prohibitions may be broad, so their application in practice varies. Islamic scholars (known as ulema) have elaborated systems of law on the basis of these rules and their interpretations.[61] Over the years there have been changing views on Islamic law but many such as Zahiri andJariri[clarification needed] have since died out.[62][63]
Fiqh, or "jurisprudence", is defined as the knowledge of the practical rules of the religion. The method Islamic jurists use to derive rulings is known as usul al-fiqh ("legal theory", or "principles of jurisprudence"). According to Islamic legal theory, law has four fundamental roots, which are given precedence in this order: the Qur'an, the Sunnah (actions and sayings of Muhammad), the consensus of the Muslim jurists (ijma), and analogical reasoning (qiyas). For early Islamic jurists, theory was less important than pragmatic application of the law. In the 9th century, the jurist ash-Shafi'iprovided a theoretical basis for Islamic law by codifying the principles of jurisprudence (including the four fundamental roots) in his book ar-Risālah.[64]
Jurists
There are many terms in Islam to refer to religiously sanctioned positions of Islam, but "jurist" generally refers to the educated class ofMuslim legal scholars engaged in the several fields of Islamic studies. In a broader sense, the term ulema is used to describe the body of Muslim clergy who have completed several years of training and study of Islamic sciences, such as a mufti, qadi, faqih, or muhaddith. Some Muslims include under this term the villagemullahs, imams, and maulvis—who have attained only the lowest rungs on the ladder of Islamic scholarship; other Muslims would say that clerics must meet higher standards to be considered ulema. Some Muslims practise ijtihad whereby they do not accept the authority of clergy.[65]
Etiquette and diet
Main articles: Adab (behavior) and Islamic dietary laws
Many practices fall in the category of adab, or Islamic etiquette. This includes greeting others with "as-salamu `alaykum" ("peace be unto you"), saying bismillah ("in the name of God") before meals, and using only the right hand for eating and drinking.Islamic hygienic practices mainly fall into the category of personal cleanliness and health. Circumcision of male offspring is also practiced in Islam. Islamic burial ritualsinclude saying the Salat al-Janazah ("funeral prayer") over the bathed and enshrouded dead body, and burying it in a grave. Muslims are restricted in their diet. Prohibited foods include pork products, blood, carrion, and alcohol. All meat must come from a herbivorous animal slaughtered in the name of God by a Muslim, Jew, or Christian, with the exception of game that one has hunted or fished for oneself. Food permissible for Muslims is known as halal food.[66]
Family life
See also: Women in Islam
The basic unit of Islamic society is the family, and Islam defines the obligations and legal rights of family members. The father is seen as financially responsible for his family, and is obliged to cater for their well-being. The division of inheritance is specified in the Qur'an, which states that most of it is to pass to the immediate family, while a portion is set aside for the payment of debts and the making of bequests. With some exceptions, the woman's share of inheritance is generally half of that of a man with the same rights of succession.[67] Marriage in Islam is a civil contract which consists of an offer and acceptance between two qualified parties in the presence of two witnesses. The groom is required to pay a bridal gift (mahr) to the bride, as stipulated in the contract.[68] A man may have up to four wives if he believes he can treat them equally, while a woman may have only one husband. In most Muslim countries, the process of divorce in Islam is known as talaq, which the husband initiates by pronouncing the word "divorce".[69]Scholars disagree whether Islamic holy texts justify traditional Islamic practices such as veiling and seclusion (purdah). Starting in the 20th century, Muslim social reformers argued against these and other practices such as polygamy in Islam, with varying success. At the same time, many Muslim women have attempted to reconcile tradition with modernity by combining an active life with outward modesty. CertainIslamist groups like the Taliban have sought to continue traditional law as applied to women.[70]
Government
Mainstream Islamic law does not distinguish between "matters of church" and "matters of state"; the scholars function as both jurists and theologians. In practice, Islamic rulers frequently bypassed the Sharia courts with a parallel system of so-called "Grievance courts" over which they had sole control.[citation needed] As the Muslim world came into contact with Western secular ideals, Muslim societies responded in different ways. Turkey has been governed as a secular state ever since the reforms ofMustafa Kemal Atatürk in 1923. In contrast, the 1979 Iranian Revolution replaced a mostly secular regime with an Islamic republic led by the Ayatollah Khomeini.[71]
Military
Main articles: Jihad and Islamic military jurisprudence
Jihad means "to strive or struggle" (in the way of God) and is considered the "Sixth Pillar of Islam" by a minority of Sunni Muslim authorities.[72] Jihad, in its broadest sense, is classically defined as "exerting one's utmost power, efforts, endeavors, or ability in contending with an object of disapprobation." Depending on the object being a visible enemy, the devil, and aspects of one's own self (such as sinful desires), different categories of jihad are defined.[73] Jihad, when used without any qualifier, is understood in its military aspect.[74][75] Jihad also refers to one's striving to attain religious and moral perfection.[76] Some Muslim authorities, especially among the Shi'a and Sufis, distinguish between the "greater jihad", which pertains to spiritual self-perfection, and the "lesser jihad", defined as warfare.[77]
Within Islamic jurisprudence, jihad is usually taken to mean military exertion against non-Muslim combatants in the defense or expansion of the Ummah. The ultimate purpose of military jihad is debated, both within the Islamic community and without, with some claiming that it only serves to protect the Ummah, with no aspiration of offensive conflict, whereas others have argued that the goal of Jihad is global conquest. Jihad is the only form of warfare permissible in Islamic law and may be declared against apostates, rebels, highway robbers, violent groups, and leaders or states who oppress Muslims or hamper proselytizing efforts.[78][79] Most Muslims today interpret Jihad as only a defensive form of warfare: the external Jihad includes a struggle to make the Islamic societies conform to the Islamic norms of justice.[80]
Under most circumstances and for most Muslims, jihad is a collective duty (fard kifaya): its performance by some individuals exempts the others. Only for those vested with authority, especially the sovereign (imam), does jihad become an individual duty. For the rest of the populace, this happens only in the case of a general mobilization.[79] For most Shias, offensive jihad can only be declared by a divinely appointed leader of the Muslim community, and as such is suspended sinceMuhammad al-Mahdi's[81] occultation in 868 AD.[82]
