What’s Islamic law?

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Islamic jurisprudence, or fiqh, is based on sharia law derived from the Quran, Sunnah, and Old Testament. Scholars interpret and expand upon these sources, covering faith, observance, and community issues. Jurists’ opinions carry weight but can be challenged. Islamic law regulates behavior, including prayer, pilgrimage, and charity. Community is important, and fiqh addresses charity, economics, marriage, and divorce. Divisions exist among faqihs, with the most pronounced being between Sunnis and Shiites.

Islamic jurisprudence is a system of legal theory and practice, known as fiqh, which is based on sacred law, or sharia, derived directly from the Koran, the Sunnah and the Old Testament. These original materials have been expanded upon and interpreted by scholars and teachers of Islamic law. The judgments and doctrines of Islamic jurisprudence cover many areas, but much attention is devoted to issues of faith and religious observance. Issues involving the cohesion and structure of communities are also central to this system of law firms.

All major monotheistic religions of the world have a tradition of religious law. All base those traditions on scriptural sources that are believed to be infallible, and then all extrapolate from those sources to answer questions that are beyond the direct scope of the original source materials. In Islamic jurisprudence, the opinions of jurists, or faqih, carry great weight but are not considered absolutely correct and can be challenged. The direct commandments of scripture cannot be contradicted, but, as is the case with other monotheistic religions, they can be interpreted, assuming that while divine intent is eternal and perfect, human understanding certainly is not and could change and improve with time .

Legal scholars in the Islamic world have focused much of their attention on issues of behavior and classify various actions on a spectrum that includes mandatory, recommended, permitted, discouraged, and prohibited activities. Prayer, fasting, and charity are among the obligatory actions, while blasphemy and acts that violate the Ten Commandments are among the prohibited ones.

Religious practices are strictly regulated by Islamic jurisprudence. The practice of daily prayer and pilgrimage is explained. Other practices of primarily spiritual value are also addressed, which often have to do with taboos related to cleanliness, both physical and spiritual.

Community occupies a very important place in Islamic thought and is equally important in Islamic jurisprudence. Fiqh addresses issues of charity and economics in an effort to mitigate the disruptive effects of both wealth and poverty, by imposing such practices as a tax on wealthy Muslims to be used to help the poor. The family is seen as a key element of community, and much of Islamic jurisprudence deals with issues relating to marriage and divorce and the property exchanges that accompany them, as well as the wider family alliances that marriages were often designed to foster. .

Divisions have arisen among the faqihs, as Islamic jurisprudence has evolved in different directions within different parts of the Islamic world. The most pronounced division is between Sunnis and Shiites, as the different customs and practices of these two groups have been embodied in two different conceptions of law. Each of these two sides has also fractured and debates on issues of law continue within both communities.




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