Islam: Law

Introduction Shari’ah Law  Islamic law derived from the Quran and Hadith and applied to the public and private lives of Muslims within Islamic states  Governs many aspects of day-to-day life (politics, economics, banking, business, contracts, and social issues)  Purpose: understanding or knowledge of a law deemed to exist already  Shari’ah: Stoning of adulterers  Quran: punishment should be whipping

Shari’ah Contrast to Christianity  Christian worldview: God reveals His will and Himself  Islam worldview: God has not revealed Himself and His nature, but rather His law

Quran  Foremost source of the Shari’ah is the Quran  Prohibitions on certain foods  Number of legal rules  Family law  Criminal law  Penalties of highway robbery  Illicit sexual activity  Slander  Wine-drinking  Rule about witnesses  Forms of contracts

Quran Current Situations  Laws were formed to address specific historical situations  Quran has a difficult time addressing issues as Muslims marrying non-Muslims  Varied according to situation  Muslims treatment to non-Muslims Quran suggests aggressions towards to the non-Muslims Educated Muslims from the West believe it is historical

Quran Abdul Rahman  Born Muslim in Afghanistan  Converted to Christianity  Worked in Pakistan with a group of Christians  Return to Afghanistan to gain custody of his daughters  He was charged with converting to another religion  Threatened with death  Case dropped because of international pressure

Quran Power of passages  Some passages overrule others  Legal scholars have turned to traditions regarding what Muhammad declared or practiced as having more practical significance than the Quran

Hadith  Contain records of Muhammad’s practices and customs called Sunnah  Read of Muhammad’s practices, significant actions or rulings, and sayings  Records perceives Muhammad as expressing what should be normative among Muslims  Quran does not answer all questions  Contains more legal rulings and examples than the Quran  Hadith present conflicting or contradictory rulings arising from different places and times

Lima/Qiyas Lima  Third source for the Shari’ah  Contains Muslims jurists of the first three centuries of Islam  Example: Shari’ah talks about the practice of male circumcision but the Quran is quiet on the subject  Shari’ah explains female circumcision Qiyas  Fourth source for the Shari’ah  Gives answers to various legal traditions  Example: Drinking

Five Categories of Behavior 1. Disobedience is worthy of punishment 1. Include the five pillars of Islam 2. Acts that are recommended are deemed commendable (but not required) 1. Charitable acts above and beyond those commanded (prayers, fasting, and other good deeds) 3. Acts that are forbidden are prohibited 1. Worthy of punishment and avoid them for reward (Thievery, sexual immorality, and drinking wine are among the forbidden acts)

Five Categories of Behavior 4. Acts that are disapproved are discouraged to one degree or another 4. Does not result in punishment, avoiding them may be worthy of reward (afterlife) 5. Acts that are indifferent are without either positive or negative consequences 4. No reward or punishment