Islamic law Two terms are used to refer to law in Islam: Shariah and fiqh. Shariah refers to God's divine law contained in the Quran and the sayings and deeds of Muhammad (hadith). Fiqh refers to the academic efforts of jurists (fuqaha) to work out the details of Shariah through investigation and debate. Muslims understand that Shariah is an immutable revelation, while fiqh, as a human endeavor, is open to debate, reinterpretation and change. Scholars and jurists developed law by combining knowledge of the Quran, hadith, and analogical reasoning with local practice. Beginning in the mid-8th century, the major Sunni madhhabs, or schools of legal thought (Hanafi, Maliki, Shafii, and Hanbali) and the Twelver Shia Jafari madh'hab emerged. Other smaller, short-lived schools also developed. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essay There are two types of fiqh: that which has to do with usul al-fiqh (roots) and that which has to do with furu al-fiqh (branches). Does Usul al-fiqh explore the four sources of law? the Quran, hadith, consensus (ijmaa) and analogical reasoning (qiyas)? provide frameworks for interpreting revelation. The Quran and hadith are considered to be of equal authority, although the Quran, as the word of God, is superior in its nature and origins. Other issues include the principles of abrogation (naskh); the application, ramifications, and limits of analogical argumentation; and the value and limits of consent. All this set of interpretive structures is brought together in the idea of ijtihad, or independent reasoning, which recognizes and encourages a variety of interpretations on everything except the fundamental structures of the law. Only those who have sufficient educational background in the sources of law are qualified to practice ijtihad. Fiqh education has been a fundamental part of Islamic education from the 10th century onwards. It provided training in systematic thinking and controlled argumentation, meeting the needs of the merchant classes and government bureaucracies. In the modern period, exclusive training in traditional Islamic sciences has become less relevant as legal education has been reconstituted along European lines and the jurisdiction of religious courts has been limited or eliminated. Furaa al-Fiqh (branches of law) both legal manuals and case collections, discusses the rules for rituals (ibadah) and social relations (muamalah). Ritual topics include purity, prayers, almsgiving (zakat), pilgrimage, fasting, and jihad. Relationship topics include marriage, divorce, inheritance, purchase, sale, loan, lease, gift, bequest, agency, escrow, crime, tort, fine, injury compensation, court practice and procedure, slave law, land ownership, possession of land, contractual partnerships, slaughter of animals for food, oaths and their effects. There are five categories of actions in furu literature: obligatory, recommended, permitted, abhorred, and forbidden. Please note: this is just an example. Get a custom paper from our expert writers now. Get a Custom Essay Historically, there were two types of court systems: the qadi (judge) court, responsible for family law (marriage, divorce, inheritance, bequests), the administration of charitable endowments (waqf), and property of orphans, and oversight of contracts and civil disputes, and the mazalim, a supplementary judicial system that administered criminal law and investigated complaints against officials.
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