Introduction to Islamic Law

Islamic Law

Islamic Law is considered one of the most important legal systems in the world, which includes a set of religious rulings and teachings that regulate the lives of Muslims in various aspects of their lives. Sharia relies on a set of primary sources, which are the Quran, the Sunnah of the Prophet Muhammad, the consensus, and analogy.

 

It is characterized by comprehensive teachings and rulings that cover beliefs, ethics, transactions, worship, rituals, and more. In this article, we explain the concept of Islamic Sharia in language and terminology, with an explanation of its importance and characteristics, and how to learn it. We also answer some common questions that are often confusing.

 

The concept of Islamic law in language and idiomatically

The concept of Islamic law in English can be referred to as “Sharia law” or simply “Sharia”. Sharia is derived from the Arabic word شَرِيعَة‎ which means “way” or “path”, and it refers to the ethical and legal system that governs the lives of Muslims according to the teachings of Islam.

 

Sharia law encompasses a wide range of topics, including personal and family matters, business transactions, criminal law, and the relationship between Muslims and non-Muslims. It is based on the Quran, the Sunnah (the sayings and actions of the Prophet Muhammad), and the consensus of Islamic scholars.

 

The implementation of Sharia law varies from country to country and is often influenced by cultural and political factors. Some Muslim-majority countries have implemented Sharia law as their primary legal system, while others have incorporated it into their legal framework alongside secular laws.

 

What is the importance of Islamic law?

Quranic Sharia law is a vital foundation in the lives of Muslims, as it determines what is permissible and prohibited, directs Muslims towards the straight path, and defines for them the correct morals and behaviors. The importance of Sharia law is as follows:

 

1- Unification of Allah

The oneness of Allah is considered a fundamental principle in Islam.

 

2- Directing Muslims towards correct worship

The aim of Islamic law is to guide Muslims towards correct worship and adherence to religious teachings

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3- Achieving justice and equality

Islamic law includes laws and regulations aimed at achieving justice and equality among members of society.

 

4- Good morals and behaviors

Islamic law defines good morals and behaviors that Muslims must follow in their daily lives, helping to build a compassionate and tolerant society.

 

5- Care for health and cleanliness

Islamic law includes teachings and regulations aimed at caring for personal and public health and cleanliness, including directives and orders relating to disease prevention.

 

6- Cooperation and solidarity

Islamic law encourages cooperation and solidarity among members of society, urging them to help others and to give in the way of Allah.

 

7- Worship and transactions

Islamic law includes religious teachings that guide Muslims in matters of worship and transactions, and defines the rules and conditions relating to marriage, divorce, guardianship, endowments, and other matters.

 

What are the branches of Islamic law?

Islamic law is divided into three main branches, which are considered the foundation of Islam and constitute the complete Islamic law. These branches are:

 

1- Worship

This includes the spiritual values and obligations that Muslims perform for Allah, such as prayer, charity, fasting, and pilgrimage.

 

2- Transactions

This includes the legal rulings related to social, financial, legal, and doctrinal transactions, such as marriage, divorce, guardianship, endowment, trade, inheritance, crimes, and punishments.

 

3- Ethics

This includes the moral values and principles that Muslims should adhere to in their daily lives, such as honesty, trustworthiness, mercy, humility, moderation, and fulfilling promises.

 

What are the principles of Islamic law?

The principles of Islamic law include a number of basic values and concepts that govern the lives of Muslims and guide them towards good behavior. Some of the most important principles of Islamic law are:

 

1- Tawheed (Oneness of God)

This is the belief that Allah is the one and only God who deserves worship, and that there is no deity except Him.

 

2- Justice

This is the fair distribution of rights and duties among people, achieving equality in opportunities, abilities, and transactions.

 

3- Mercy

This is love and compassion for others, tolerance, benevolence, assuming social responsibility, and cooperation to help others.

4- Freedom

This is the freedom to choose in beliefs, thought, and expression, and the freedom to choose in behavior and action as long as it does not conflict with Islamic law.

 

5- Chastity

This is the preservation of oneself, wealth, and honor from vices and evils, and adhering to Islamic law to preserve oneself, maintain ethics, and human values.

 

6- Honesty

This is the commitment to truthfulness and integrity in speech and behavior, and avoiding lying, cheating, and deception.

 

7- Moderation

This is the commitment to moderation in behavior and conduct, and avoiding extremism, fanaticism, and bias.

 

What are the characteristics of Islamic law?

Islamic law has several distinguishing characteristics that set it apart from other legal systems. Some of the most important characteristics of Islamic law are:

 

1- Divine origin

Islamic law is derived from the Quran and the Sunnah, making it a legal system based on specific and clear texts. The primary source of Islamic law is Allah and the revelation that He has sent to His Prophet, which makes the law complete, comprehensive, and free from any error.

 

2- Flexibility and stability

Islamic law is characterized by its stability, which is based on the revelation in the Quran and the Sunnah, without alteration or change. However, it is also flexible in dealing with different events, including flexibility in interpreting the texts and applying them to contemporary situations, based on the interests of individuals, according to different circumstances and conditions.

 

3- Moderation

Islamic law promotes moderation and balance in behavior and conduct, with no extremism or fanaticism in its rulings. Its legislation does not favor one side over the other, whether in material interests or moral aspects, whether related to the worldly life or the hereafter, and in legislation for individuals and communities.

 

4- Preserving human rights

Islamic law upholds human rights and equality among all, prohibiting discrimination based on race, color, gender, or religion. It seeks to elevate individuals to the best position in all aspects of life.

 

5- Justice

Allah – glorified and exalted be He- commands justice, which is one of His beautiful names, and Islamic legislation bears this quality and is based on it. The Prophet – peace be upon him – reported that Allah said: “O My servants, I have made oppression unlawful for Myself and unlawful among you, so do not oppress one another.” [Sahih Muslim]

 

 The provisions of Islamic Sharia

Islamic Law (Sharia) encompasses a wide range of rules and regulations related to religious, social, economic, criminal, and other matters. Some of the most important aspects of Islamic Law are:

 

1- Beliefs

These are related to religious beliefs, including faith in Allah, His Prophets, the Day of Judgment, predestination, as well as beliefs concerning angels, jinn, and devils.

 

2- Worship

This includes prayer, fasting, pilgrimage, charity, and jihad, and is considered one of the pillars of Islam and a means to draw closer to Allah.

 

3- Ethics and behavior

This includes good manners, adherence to Islamic customs, treating others with compassion, benevolence, forgiveness, tolerance, truthfulness, and honesty.

 

4- Personal status

This includes matters such as marriage, divorce, maintenance, guardianship, inheritance, and others. These regulations establish the rights and obligations of individuals in these matters.

 

5- Criminal law

This includes crimes and the corresponding legal punishments related to individuals who violate the rights of others, such as theft, murder, adultery, and robbery, among others.

 

6- Economic law

This includes regulations related to trade, buying and selling, interest, bonds, guarantees, and others. These regulations determine the proper way of dealing with economic matters.

 

Sources of Islamic Law

The most important sources of Islamic legislation are:

 

1- The Quran

This is the primary source of Islamic law.

 

2- Sunnah

This refers to the sayings, actions, and approvals of Prophet Muhammad (peace be upon him) and is an important source of Islamic law and jurisprudence.

 

3- Consensus (Ijma)

Refers to the agreement of Islamic scholars on a particular ruling.

 

4- Analogy (Qiyas)

This is the process of drawing a new legal ruling by analogy to an existing ruling in the Quran, Sunnah, or consensus.

 

5- Legal preference (Istihsan)

This is the process of drawing a legal ruling based on preference or convenience, and it is considered a source of Islamic law in some matters.

 

6- Custom (Urf)

This refers to the customs and traditions of the community and is considered a source of Islamic law in some matters.

 

Common Questions about Islamic Law

 

What is the difference between Sunnah and Sharia?

Sunnah refers to the sayings, actions, and approvals of Prophet Muhammad (peace be upon him), which Muslims consider a secondary source of Islamic law. Sunnah, along with the Quran, is a means to understand Islamic law. The collection of prophetic traditions varies in classification and degree, and they differ in terms of their authenticity, weakness, and source.

 

Sharia refers to the religious laws and regulations in Islam, which include the Quran, Sunnah, consensus, analogy, and other sources of Islamic law. Sharia governs the Islamic community comprehensively and determines the boundaries and general guidelines for individual and collective behavior.

 

What is the difference between Aqeedah and Sharia?

Aqeedah refers to a set of religious beliefs that Muslims hold, which relate to believing in Allah, His messengers, the heavenly books, the angels, the Day of Judgment, and predestination.

 

Sharia, as we mentioned earlier, refers to the laws that Allah has ordained for His servants according to what the messengers and prophets have conveyed. Sharia is a collection of religious laws derived from the Quran, Sunnah, and other sources of Islamic legislation.

 

In general, Aqeedah relates to religious beliefs and faith, while Sharia relates to legal rulings and regulations that organize Islamic life. Although they are separate concepts, they are closely related, as Aqeedah affects behavior and actions based on Sharia, and Sharia, in general, is based on religious beliefs in Islam.

 

Why is it called Sharia?

The word “Sharia” is an Arabic term that means “way” or “path”. It refers to the comprehensive set of religious laws and regulations that determine the boundaries and general guidelines for individual and collective behavior. Islamic Sharia includes a wide range of religious rulings related to social, religious, economic, criminal, and other issues.

 

It is called Sharia because it defines the optimal way of life for Muslims and the way that they should follow in their daily lives. Sharia is the path that Muslims should follow to achieve divine satisfaction and happiness in this life and the hereafter. Additionally, the name “Sharia” signifies that Allah is the one who established these laws and regulations for His servants.

 

Is religion the same as Sharia?

Religion is not just Sharia; it is a comprehensive system that includes Aqeedah (belief), Sharia, behavior, ethics, education, culture, history, philosophy, and other aspects related to the relationship between humans and Allah, and between humans and others and the environment they live in. Sharia constitutes an essential part of religion, and in fact, Sharia is the religion itself, as it determines the boundaries and rulings and helps organize the Islamic community.

 

What are the sources of Islamic legislation in order?

The primary sources of Islamic legislation are intertwined and interconnected, and they all work together according to the Islamic methodology to achieve the benefit of individuals, society, and humanity as a whole. The main sources of legislation are:

 

  1. Quran: It is the book of Allah revealed to Prophet Muhammad, and it is the first source of legislation in Islam.
  2. Sunnah: It refers to the traditions and sayings of Prophet Muhammad and it is the second source of legislation in Islam.
  3. Consensus (Ijma): It is the agreement of Muslim scholars on specific matters, and it is considered the third source.
  4. Analogical reasoning (Qiyas): It is the fourth source of legislation in Islam.

 

What are some examples of the steadfastness of Islamic legislation?

Steadfastness in Islamic legislation is one of the distinctive characteristics of Islamic Sharia, which means that what was revealed and mentioned in the Quran and the Sunnah of Prophet Muhammad (peace be upon him) remains unchanged until now without distortion, alteration, or modification

 

Everything that Allah has commanded or prohibited is certain and undeniable, and it is not permissible to change, object, or distort it. The Islamic creed is based on steadfastness and evidence, and Allah says: “And the word of your Lord has been fulfilled in truth and in justice. None can alter His words, and He is the Hearing, the Knowing.” [Surah Al-An’am 6:115]

 

What is the concept of the objectives of Islamic Sharia?

The objectives of Islamic Sharia are the general benefits and goals that Islamic Sharia aims to achieve, related to achieving the welfare of individuals, society, and humanity in this life and the hereafter. The objectives of Islamic Sharia are an essential part of the Islamic methodology and are linked to the legal rulings and religious teachings.

 

They work to achieve justice, equality, and mercy in the Islamic community and also aim to protect human rights and preserve life, intellect, religion, property, lineage, and honor. They protect the intellectual, social, economic, and environmental security of individuals and society.

 

What is the difference between Sharia and legislation?

Sharia and legislation are two different concepts in the fields of Islamic studies and law, and they can be explained as follows:

 

Sharia: Refers to the teachings, rulings, and religious principles that regulate the lives of Muslims, including beliefs, ethics, transactions, worship, rituals, and more. Islamic Sharia is part of the faith that Muslims seek to achieve in their lives in this world and the hereafter. It is a divine source that Muslims rely on to determine the path of their lives and make life decisions.

 

Legislation: Refers to the process of creating laws, regulations, and legislation that regulate the lives of societies and are based on various sources such as the constitution, laws, regulations, judicial rulings, administrative decisions, and more. The process of legislation relies on reason, experience, and the public interest of society and aims to achieve justice, equality, freedom, and prosperity for citizens.

 

It can be said that Sharia includes legislation, as it contains the rulings and principles that are taken as legislation in the lives of Muslims. However, there are differences between the two, where Sharia relies on divine sources and aims to achieve divine satisfaction, while legislation relies on human sources and aims to achieve human satisfaction.

 

Islamic Sharia Education Academy

Wahion Youha Academy is considered one of the leading academies in teaching Islamic Sharia based on its reliable sources and binding rulings, by a group of specialized scholars and teachers in the Book of Allah. The academy also provides educational and training courses and programs for memorizing the Quran with its proper recitation rules and pronunciation. It is also possible to learn the Arabic language easily, whether you are a speaker or non-speaker of it.

 

Sources and references

wikipediabritannica

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