answersLogoWhite

0

Hadiths, Sharia, and Fiqh (Islamic Law)

There are numerous elements in the Islamic Legal Corpus that do not end at the Qur'an. The Hadiths concern various events or sayings during Muhammad's life that confirm or explain various Islamic traditions. Islamic Jurists, called Faqihs/Fuqahaa', have interpreted the Qur'an, Hadiths, and the Biography of Prophet to determine the proper laws and codes in Islam. This jurisprudential study is called Fiqh and the final corpus of laws is called Sharia.

500 Questions

Why is Hadith important to Muslims?

User Avatar

Asked by Wiki User

Answer 1A hadith is a saying of Muhammad or a report about something he did. Over time, during the first few centuries of Islam, it became obvious that many so-called hadith were in fact spurious sayings that had been fabricated for various motives, at best to encourage believers to act righteously and at worse to corrupt believers' understanding of Islam and to lead them astray. Since Islamic legal scholars were utilizing hadith as an adjunct to the Qur'an in their development of the Islamic legal system, it became critically important to have reliable collections of hadith. While the early collections of hadith often contained hadith that were of questionable origin, gradually collections of authenticated hadith called sahih (lit. true, correct) were compiled. Such collections were made possible by the development of the science of hadith criticism, a science at the basis of which was a critical analysis of the chain of (oral) transmission (isnad) of the hadith going all the way back to Muhammad. The two most highly respected collections of hadith are the authenticated collections the Sahih Bukhari and Sahih Muslim. (Sahih literally means "correct, true, valid, or sound.") In addition to these, four other collections came to be well-respected, although not to the degree of Bukhari and Muslim's sahih collections. These four other collections are the Sunan of Tirmidhi, NASA'i, Ibn Majah, and Abu Da'ud. Together these four and the two sahih collections are called the "six books" (al-kutub al-sitta). Two other important collections, in particular, are the Muwatta of Ibn Malik, the founder of the Maliki school of law, and the Musnad of Ahmad ibn Hanbal, the founder of the Hanbali school of law.

Answer 2

The answer to your question (because the above, while right and good, did not answer the question well) is that the Prophet (peace be upon him) was the living, breathing, walking Qur'an. Muhammad (peace be upon him) was the very embodiment of the Qur'an. He is the exegesis of the Qur'an. Without the teachings of the Prophet of God (peace be upon him) we Muslims would not know how to live by the Qur'an. The Qur'an says "pray". Muhammad teaches us how, and when. The Qur'an says "fast". Again, Muhammad shows us what fasting is all about.

Every detail that we need to know in our lives came from the best, most noble example of humanity. Those who hurl insults at Muhammad do not know the truth. Even those who think they have an argument about his marriage to Aisha - the young wife - do not know the facts.

May the Peace and blessings of Almighty God (Allah) be upon our Prophet - the Final Messenger to Mankind - Muhammad.

What is the common between common law and sharia?

User Avatar

Asked by Wiki User

Common law is civil law and the principles of common law are developed through fairness and equity. Modern legal codes are derived from common law principals. Modern common law treats all people the same and all have the same rights. Sharia law is religious law and an extension of extreme patriarchal control. It is not based on fairness and logic. Women do not have equal protection or rights under Sharia.

Why is the hadith?

User Avatar

Asked by Wiki User

Hadith is the Arabic word for "saying". Hadith is the saying of the prophet Muhammad PBUH & we Muslims are commanded by Allah in the holy Quran to obey the prophet & to follow all His Sunnah.

An authentic Hadith is important because it has a command or a recommendation or a prohibition from the prophet Muhammad PBUH & we must obey Him since obeying Him is actually an obeying of the Creator, Allah.

How soon after death must a person's body be buried in Islamic Law?

User Avatar

Asked by Wiki User

In Islamic Law, it is ideal for a person to be buried as soon as possible after death, preferably within 24 hours. However, there may be practical considerations, such as obtaining necessary documentation or waiting for relatives to arrive, that could delay the burial. Islamic teachings prioritize swift burial to ensure proper respect for the deceased and expedite the transition to the afterlife.

What impact does Islam have on Secular Law?

User Avatar

Asked by Wiki User

The impact of Islam on secular law can vary depending on the specific context and the degree of influence Islamic principles have on the legal system. In some countries, Islamic law, known as Sharia, may play a significant role in shaping secular law, particularly in family and personal matters. In other countries, secular law may take precedence over religious principles, and the influence of Islam on the legal system may be more limited.

Is Hadith second in command to Qur'an?

User Avatar

Asked by Wiki User

No, the Qur'an is considered the primary and most authoritative source of Islamic guidance. The Hadith, which are the sayings and actions of the Prophet Muhammad, are considered a secondary source that provides further explanation and interpretation of the Qur'an.

How has Islamic law influenced Middle Eastern governments?

User Avatar

Asked by Wiki User

Islamic law, also known as Sharia, has influenced Middle Eastern governments in various ways. In some countries, such as Saudi Arabia and Iran, Islamic law is the basis of the legal system, guiding legislation and governance. In other countries, Islamic law plays a more limited role, informing family law and personal matters. Overall, the influence of Islamic law on Middle Eastern governments varies depending on the country and its interpretation of Sharia.

Does France use sharia law?

User Avatar

Asked by Wiki User

No. France is official a secular state and, therefore, government endorsement of any religion or its views is categorically banned. France does not have anything similar to the multiculturalism that the UK currently has. However, private disputes can be arbitrated by Shari'a Courts, which are led by Islamic Jurists who are unaffiliated with the French government.

What effect did the Islamic law have on ottoman society?

User Avatar

Asked by Wiki User

As Muslims, the Ottomans followed Islamic law. But there were topics not fully covered by Islamic law---criminal law and taxation, for example. So the sultans passed laws to address such situations. Suleyman organized these laws into a legal code that could effectively govern the vast and expanding empire.

Is it true or false that sharia law comes from one document written by Muhammad?

User Avatar

Asked by Wiki User

False

The truth is that Sharia law is based on:

  • the holy book Quran
  • the Sunnah.

Quran is the holy book per God revelation to prophet Muhammad through the angel Gabriel. Quran is human authored and written text. Quran is God true words and not human words.

The sunnah is prophet Muhammad sayings and practices.

Are Islamic and Jewish dietary laws the same?

User Avatar

Asked by Wiki User

Yes, they do. They have foods which are 'Halal' which are foods that they are allowed to eat and 'Haram' which are foods they aren't allowed to eat.

They are not allowed to eat pork, because they thought that pigs were dirty animals and were not fit to be eaten. They're not allowed to eat meat from animals that have died from natural causes. All the animals which are slaughtered have to be cut quickly across the throat because this is the most painless way for them to die and it drains most of their blood (Muslims are not allowed to eat blood).

They are also not allowed to take drugs and drink alcohol.

Why is the sharia law is out of date in western society?

User Avatar

Asked by Wiki User

personally i don't feel that the shariah law is out of date in the western society as Muslims still practice and follow their lives by it. However some say that the shariah law is out of date in the western society as women are now in-dependent and are not punished if they leave their partner as opposed to how it would be if the shariah law was followed through in the western society.

Branch of Islam that supported Ali Muhammad's son-in-law?

User Avatar

Asked by Wiki User

Shia Muslims believe that just as a prophet is appointed by God alone, only God has the prerogative to appoint the successor to his prophet. They believe God chose Ali to be Muhammad's successor, infallible, the first caliph (khalifa, head of state) of Islam. Muhammad, before his death, designated Ali as his successor.Ali was Muhammad's first cousin and closest living male relative as well as his son-in-law, having married Muhammad's daughter Fatimah.

Discuss the relationship between ijma qiyas and other sources of shariah?

User Avatar

Asked by Wiki User

I think both IJMA & QIYAS are indirectly related to the legal teachings of Holy Qur'an and Sunnah as the Consensus (Ijma) cannot be possible to conduct unless it is verified that the developed consensus are not against the spirit of the teachings of Qur'an by all Muslim Jurists; similarly, Qiyas in which One Muslim Jurist Declares a decision of a dispute or suggests a solution to a problem in the light of the teachings of Qur'an and Sunnah and , other Muslim Jurists are quite on the declaration of that One Muslim Jurist, hence showing their tacit assent (Khamosh Raza mandi).
Relevant evidence--- Teachings of Holy Qur'an in 3:139 ; 4:58 & 59
and; " ...and Behold the rope (BooK of guidance) of Allah..."
" " Sayings of Prophet (SAWS) in his Last Sermon:
" .....I am leaving among you the Book (Holy Qur'an), ....If you will follow it, you will never go wrong".

"Allah Pak! forgive me for any omission or addition in coding Your teachings and the teachings of beloved Muhammad (SAWS)........ Aameen."

Khalid Hameed Sohrwardy.

What is the legal ideal in Islamic law?

User Avatar

Asked by Wiki User

A Critical Reaction to Coulson - Islamic Law

It is the weakness of the Islamic legal system that caused it to become progressively less effective at promoting the very ideals it was designed to safeguard. N. J. Coulson argues in his Doctrine and Practice in Islamic Law that there is a significant gap between the ideal and practical application of shari'a that caused this weakness. As the Islamic system of jurisprudence evolved after the death of the Prophet Mohammed, rules came to be adopted and administered in an increasingly complex superstructure of teachings, interpretations, and common practice reinterpretations. By trying to produce an answer for every legal question that could arise, scholars wove a legal web that was both challenging to comprehend and overly restrictive of the qadi's authority. Coulson argues that these inherent weaknesses are what caused good men to avoid the position of qadi at all costs.

Meanwhile, political leaders also wielded their power over the judge, or qadi, in an effort to influence legal decisions in their favor. Although the relative level of political interference oscillated over time, this factor was, without question, an obstacle to producing morally appropriate legal decisions. Consequently, many pious Muslims refused to knowingly accept a position in which they would be swayed by political pressures and possibly make immoral decisions. As a consequence of this pressure, scholars argue, many Muslims were surprisingly reluctant to accept the role of qadi, or judge.

Rather than accepting this notion that fear of political reprisal, alone, deterred pious individuals from accepting the position of qadi, Coulson maintains that it was the very nature of Islamic law that prevented the pious from assuming the role of judge. By emphasizing personal accounts, transcripts, and historical records, Coulson outlines certain characteristics of the common shari'a law that made it difficult to arrive at a decisive judgment on controversial matters.

Interpreting the shari'a was a daunting task partly because this code was, itself, a speculative attempt at interpreting the will of Allah. Complicating the issue, according to Coulson, this legal code became nothing but a religious ideal. It should be noted that during these first four centuries after the Prophet, the teachings of Islam spread swiftly. The contents of the shari'a were less relevant partly due to the fact that they were being interpreted by people living very different lives, far away from the villages where the Prophet lived and they confronted daily challenges that the Prophet had never heard of.

In any case, the shari'a was inadequate as a concrete source for direction in difficult cases of jurisprudence because it failed to answer practical questions of daily life. As new situations arose and decisions were made, additional precedents were enshrined in codes such as the ijtihad and 'urf, which were derived from personal reasoning and common practice. As different individuals and circumstances contributed to these codes of conduct, divergent viewpoints occasionally emerged on identical cases.

This structure of religious and legal ideals snowballed into an increasingly complex superstructure of socially-accepted norms and laws. Into the 11 th century, the documented legal system became so voluminous and varied that it was difficult for individuals to adhere to and more importantly, for the qadi to use in making decisive judgments. In attempting to answer every conceivable issue that could arise in court, the system actually prevented the qadi from applying his own beliefs to the particular decision at hand. This only furthered the distaste that pious Muslims held for the position of qadi and reinforced their unwillingness to assume the position. Not only did the qadi frequently face constraint from political authorities, he was also limited in his ability to interpret and apply the law.

Finally, it must be recognized that the pious qadi, once he possessed authority, was generally quite anxious that he would act immorally and violate the will of Allah if he chose wrongly in a particular case. It was perceived that by accepting the position of qadi, the individual took on a dangerous responsibility, that of trying to determine what Allah would have wanted. In this sense, by making an error in judgment, the qadi was also going against the will of Allah. This created a stressful situation for the person who had the unfortunate responsibility of interpreting complex moral and legal codes with the knowledge that an error in interpretation or reason could lead to his eternal damnation.

Incredibly, the pressures to not err were so acute that on one occasion, an individual who refused appointment to the position of qadi declined even to nominate others for the post. He feared that the nominee would judge wrongly and then he would be complicit in that individual's sin. It is difficult to understand such a system. A pious Muslim would dread nominating another to the position of judge; for fear that an incorrect judgment would render them both culpable for an error, albeit an accidental one. Implementing this type of legal code is strikingly cumbersome; influenced by a tremendously complex relationship between interpretations of the truth, pressures to live by the truth, and finally, the need to interpret previously elaborated notions of the same truth, but in a new light and for a new situation.

It is ironic that the individual's very anxiety about doing what is right is what prevented the qadi from firmly establishing the institution of a pious judge, who determines what is right. Instead, the judge shirked his authority in order to not make incorrect judgments. In time, the qadi became dependent on asking scholars for advice and deferring to other courts for rulings in order to avoid culpability. Consequently, other branches of judicial administration appeared, one of which existed specifically to handle cases in which the qadi was in doubt. Effectively, the fear of making an error in judgment prevented the chosen leader from enforcing religious ideals in a practical manner.

Why did this society not develop the notion that an unintentional misinterpretation of the law does not result in condemnation? Instead, the religious and judicial leaders adopted the attitude that it is better to make no decision at all on what is right, rather than to make an incorrect one. It was based on this uncertainty that scholars created rigorous codes of law that were, themselves, often even more impractical to implement. In this case, it was the very lack of courage on the part of the qadi that weakened the system of justice, which is ironically the very purpose for which the institution of the qadi was developed. Coulson would argue that this is understandable, however, as the laws themselves were based on a religious and moral idealism that was unenforceable.

----------------------------------------------------------------------------------------------------

Answer BIslam religion for being last God religion on earth has inherently; together with prophet Muhammad Sunnah (sayings and practices); all ideals that motivate Muslims to lead a good and useful life. Refer to question below.

What is the purpose of shari'a law?

User Avatar

Asked by Wiki User

Shariah is the Islamic law as concluded from the Quran and the Sunnah (prophet Muhammad sayings and practices). The purpose of Shariah is to be followed and practiced by Muslims to ensure the obedience of Allah and his prophet Muhammad (PBUH).

Is Qur'an the first source of Islam law?

User Avatar

Asked by Wiki User

yes

Quran reflects real Allah (or God in English and same God in Christianity and in Judaism) word revelations to prophet Muhammad (peace be upon him) through the angel Gabriel (or Jibril). Quran sets out all the instructions, morals, and ritual worships that Muslim should follow. Refer to questions below for more information.

What is the role of Islamic jurisprudence in the development of Islamic law?

User Avatar

Asked by Wiki User

this is not the question nor answer but one day i was going to safe way with my friend dominique and we saw this ninga lady person type a thing. and dominique saw her and said she looks like a ninga ,next thing you know she says well you look like a binthabonthaba because dominique had the music so high and was dancing like a binthabonthaba.so any way the little 7 year old started looking for the religon girl and there she was and the little stupid girl screamed there she is,wasn't that stupid and the women started talking but i remained calm and ths women all dressed in black said this is my religon and i hid my body from men and this is what i do and we just walked away when she fi ished but she was crying and my friend C-C felt sorry that we called her a ninga and said we should go and say sorry and we all said nothing the end of how scary and rediciolus peopke can be. from Joann H.

What is the Islamic law?

User Avatar

Asked by Wiki User

The Islamic laws:(Shariah/FIQH)

A collection of laws for our daily needs including prayers, food, marriage, rights of parents and children, business dealing, borrowing, responsibility and rights towards human being and animals, burial, punishment, war, treaty etc. From birth to burial/death all inclusive procedures and practices.

Following are the few general laws:

"Allah hath forbidden you only carrion, and blood, and swine flesh, and that which hath been immolated to (the name of) any other than Allah. But he who is driven by necessity, neither craving nor transgressing, it is no sin for him. Lo! Allah is Forgiving, Merciful" (2:173).

And (forbidden is it) that ye swear by the divining arrows. This is an abomination. This day are those who disbelieve in despair of (ever harming) your religion; so fear them not, fear Me! This day have I perfected your religion for you and completed My favour unto you and have chosen for you as religion Al-Islam. Whoso is forced by hunger, not by will, to sin: (for him) lo! Allah is Forgiving, Merciful" (5:3)

"They ask thee (O Muhammad) what is made lawful for them. Say: (all) good things are made lawful for you. And those beasts and birds of prey which ye have trained as hounds are trained, ye teach them that which Allah taught you; so eat of that which they catch for you and mention Allah's name upon it, and observe your duty to Allah. Lo! Allah is swift to take account" (5:4)

Volume 7, Book 65, Number 288:

Narrated 'Umar bin Abi Salama:
I was a boy under the care of Allah's Apostle and my hand used to go around the dish while I was eating. So Allah's Apostle said to me, 'O boy! Mention the Name of Allah and eat with your right hand, and eat of the dish what is nearer to you." Since then I have applied those instructions when eating.


"Say to the believing man that they should lower their gaze and guard their modesty; that will make for greater purity for them; and Allah is well acquainted with all that they do. And say to the believing women that they should lower their gaze and guard their modesty; and that they should not display their beauty and ornaments except what must ordinarily appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands..." (Qur'an 24:30-31)

"Ayesha (R) reported that Asmaa the daughter of Abu Bakr (R) came to the Messenger of Allah (S) while wearing thin clothing. He approached her and said: 'O Asmaa! When a girl reaches the menstrual age, it is not proper that anything should remain exposed except this and this. He pointed to the face and hands." (Abu Dawood)

Women must not dress so as to appear as men.
"Ibn Abbas narrated: 'The Prophet (S) cursed the men who appear like women and the women who appear like men.'" (Bukhari)

Our Lord (glorified and exalted be He)
descends each night to the earth's sky
when there remains the final third of the night, and He says:
"Who is saying a prayer to Me that I may answer it?
Who is asking something of Me that I may give it him?
Who is asking forgiveness of Me that I may forgive him?"
Hadith Qudsi 35

The Prophet once asked his companions: "Do you think if there was a river by the door and one of you bathed in it five times a day; would there remain any dirt on him?" The Prophet's companions answered in the negative. The Prophet then said: "That is how it is with the five (daily) prayers; through them Allah washes away your sins."

Holy prophet said:"as bath removes stain or filth from a body prayer removes all the sins of a person or Muslim. Some of them could be the five pillars

__________________________________________________________

There are four main souces of Islamic law:

  1. The Quran:

    Muslims believe theQuran

    to be the direct words of Allah, as revealed to and transmitted by the Prophet Muhammad. All sources of Islamic law must be in essential agreement with the Quran, the most fundamental source of Islamic knowledge. When the Quran itself does not speak directly or in detail about a certain subject, Muslims only then turn to alternative sources of Islamic law

  2. The Sunnah:

    Sunnahis the traditions or known practices of the Prophet Muhammad, many of which have been recorded in the volumes of

    Hadith

    literature. The resources include many things that he said, did, or agreed to -- and he lived his life according to the Quran, putting the Quran into practice in his own life. During his lifetime, the Prophet's family and companions observed him and shared with others exactly what they had seen in his words and behaviors -- i.e. how he performed ablutions, how he prayed, and how he performed many other acts of worship. People also asked the Prophet directly for rulings on various matters, and he would pronounce his judgment. All of these details were passed on and recorded, to be referred to in future legal rulings. Many issues concerning personal conduct, community and family relations, political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded. The Sunnah can thus clarify details of what is stated generally in the Quran.

  3. Ijma' (consensus):

    In situations when Muslims have not been able to find a specific legal ruling in the Quran or Sunnah, the consensus of the community is sought (or at least the consensus of the legal scholars within the community). The Prophet Muhammad once said that his community (i.e. the Muslim community) would never agree on an error.

  4. Qiyas (analogy):

    In cases when something needs a legal ruling, but has not been clearly addressed in the other sources, judges may use analogy, reasoning, and legal precedent to decide new case law. This is often the case when a general principle can be applied to new situations.

Which countries are governed by Islamic Law?

User Avatar

Asked by Maxinehowell

Dear all,

Although Islamic law is used in various Islamic countries, more specifically it is not strictly but followed up to and extended in Saudi Arabia.

zishan

Well Zishan you are wrong. The Countries that use Islamic Law as their Basic Laws are

1-Kingdom of Saudi Arabia

2-Republic of Yemen

3-Islamic Republic of Iran

4-Sultante of Oman

5-United Arab Emarties

6-Algeria

7-Islamic Republic of Afghanistan

8-Islamic Republic of Mauritania

9-Republic of Sudan

10-Somalia

11-Nigeria(Muslims Areas)

and this is some countries use Islamic laws within other laws:

1-Islamic Republic of Pakistan

2-Kuwait

3Qatar

4-Bahrain

5-Jordan

6-Palestine(Gaza)

7-Indonesia(Muslims Areas)

8-Malaysia(Muslims Areas)

9-Bangladesh(Muslims only)

10-Egypt(Muslims only)

11-Libya

12-Tunisia

13-Morocco

14-Iraq

10- Comoros

11-Mali
All Muslim majority countries.

Is a living human's organ is allowed to donate according to law of Islam?

User Avatar

Asked by Wiki User

Praise be to Allaah.

Donating organs is not all on one level. There is the donation of organs on which life depends, and there is the donation of organs on which life does not depend.

If the donation is of an organ on which life depends, such as the heart or liver, it is not permissible to donate it, according to the consensus of the scholars, because that is killing a soul.

But if it is an organ on which life does not depend, such as a kidney or blood vessels, then there is a difference of opinion among contemporary scholars, and there are two views on this matter:

1 - That it is permissible to transplant human organs

2 - That it is not permissible to transplant human organs

Fatwas stating that it is permissible have been issued by a number of conferences, seminars and committees, including: the International Islamic Conference held in Malaysia; the majority of the Islamic Fiqh Council, whose fatwa may be seen in the answer to question no. 2117; the Council of Senior Scholars in the Kingdom of Saudi Arabia; and the Fatwa Committees in Jordan, Kuwait, Egypt and Algeria.

It is also the view of a number of scholars and researchers, including Shaykh 'Abd al-Rahmaan ibn Sa'di.

Some of the scholars favoured the view that transplants are permissible on condition that the donor is a harbi kaafir (i.e., one who is in a state of war against Islam, not one with whom the Muslims have a treaty, or who is living under Muslim protection), because the harbi kaafir has no sanctity, whereas the sanctity of the Muslim is established in life and in death.

For more information see the book Ahkaam al-Jaraahah al-Tibbiyyah by Shaykh Muhammad al-Mukhtaar al-Shanqeeti, pp. 354-391

Is shariah law practiced in the US?

User Avatar

Asked by Wiki User

The US Constitution forbids the use of any law based on religion. Sharia is a code of Islamic Law based on the teachings of Mohamed. Just as the Constitution forbids government to enforce the Cannon Law of the Roman Catholic Church, it also forbids the government to enforce Sharia.

Of course, individuals or groups in the US could decide to follow Sharia as a matter of personal conscience. However, if they attempted to enforce those sanctions in Sharia that result in personal injury or death they would be in violation of civil law and subject to prosecution and punishment by the civil authorities.

Shariah law is based on what writings?

User Avatar

Asked by Wiki User

Sharia law is based on:

  1. Quran, Muslims holy book revealed by God to prophet Muhammad (PBUH),
  2. Sunnah, prophet Muhammad (PBUH) teachings (sayings and practices),
  3. Qias, comparing with similar cases in Quran or Sunnah. For example, drugs are forbidden although not mentioned in Quran and Sunnah but because drug effects are the same when compared with alcohol (that is forbidden in Quran and sunnah explicitly), and
  4. Ijmaa, issues where all Islam religion leaders agree upon.

Shari'ah is muslim/islamic law.