27 Oct 2022

126

What is Islamic Law?

Format: APA

Academic level: High School

Paper type: Assignment

Words: 448

Pages: 2

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The Shari ’a law guides Muslims’ way of life since it directs them on what to do and what not to do. The Islamic Law lays a foundation for fiqh, understanding/discerning, which culminates judgment ( bukm). Therefore, the Shari ’a law determines Muslim’s rights actions to take in specific circumstances. Quranic injunctions, the primary source of Shari ‘a law, address Muslims’ day-to-day issues such as divorce, alcohol use, theft, inheritance, murder, property, as well as illicit sex. The law also ensures that Muslims adopt Sunna, which are the behavior and actions of the Prophet Muhammad. Therefore, the Shari ‘a law tethers Muslim’s to acceptable actions and prevent them from conducting crimes. 

Moreover, the Islamic law highlights obligatory actions, forbidden actions (Haram), accepted actions ( mubah), recommended actions ( mandub), and reprehensive human actions ( makrub) which all guide societal and personal relationships among Muslims. It is quite notable that the Shari’ a law stipulates fixed penalties ( hudud), which should be executed in public to serve as an example to others. The penalties prevent Muslims from committing crimes such as theft and Zina (illicit sex between unmarried people), which are punishable by amputation of the hand and stoning respectively. Furthermore, the Shari’ a law also directs Muslims to acceptable standards of diet and food handling. Butchers are obliged by the law to adhere to proper hygiene and recommended slaughtering practices, and Muslims are also barred from eating pork or living with dogs (pigs and dogs are deemed as ‘unclean’). 

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The Madrasa has played a pivotal role in the evolution of the Islamic Shari’ a law. Just like the madhhabs, local schools of law, madrassas, provide uniformity in the interpretation of legal matters and the way of life of Muslims in reference to hadiths contained in the Quran. These institutions are devoted to teaching Islamic jurisprudence, which has greatly shaped the practice of Shari’ a law in contemporary society. Madrassas, not only pass down the Shari’ a law from one generation to the next but also teaches young Muslims mu’amalata, which are actions associated with Muslims’ relationship with other people in society and the teachings of the Quran (the primary source of the Shari’ a law). Since the Islamic law is ever-dynamic, Madrassas ensure that Muslims and to-be legal scholars are up to date with the latest provisions of the law. Therefore, Madrassas, focus on studying the Islamic jurisprudence and provisions of Islamic Law, which has greatly influenced the practice of Shari’ a law in modern society. 

The European invasion and colonization of Islamic states and Muslim-Minority states had a significant impact on the Shari’ a law. The Islamic Law provisions and Western legal doctrines seemed to overlap, and several reforms were made on the Shari’ a law to align it to Western legal systems. In traditional Islamic law, for example, homicide perpetrators were subjected to capital punishment of death by stoning. However, after contact with the Western legal systems, Diya (blood-money), was introduced as compensation to the victim’s family. The Western legal systems also influenced muftis (interpreters of the law) to change the Shari’ a blasphemy law. In pre-modern Muslim society, individuals who cursed, questioned, or annoyed Allah were subjected to death by beheading or hanging. However, reforms in the Islamic law were introduced, which recommended the flogging, fining, or imprisonment of individuals who committed blasphemy against Allah. 

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StudyBounty. (2023, September 16). What is Islamic Law?.
https://studybounty.com/what-is-islamic-law-assignment

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