Sharia

rdf:langString Sharia

rdf:langString Sharia (/ʃəˈriːə/; Arabic: شريعة, romanized: sharīʿa [ʃaˈriːʕa]) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has not been used together with "customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are mentioned in the Qur'an, and they are met with qisas or a single ungraded corporal punishment. Many regulations such as tazir punishments, which are not included in the few crimes called hudud, rajm, which is considered contrary to the Qur'an by some jurists and the sharp distinction between free women and concubines in women's clothing can be counted within this scope. Traditional theory of Islamic jurisprudence recognizes four sources of Sharia: the Quran, sunnah (authentic hadith), qiyas (analogical reasoning), and ijma (juridical consensus). Different legal schools—of which the most prominent are Hanafi, Maliki, Shafiʽi, Hanbali, and Jaʽfari—developed methodologies for deriving Sharia rulings from scriptural sources using a process known as ijtihad. Traditional jurisprudence (fiqh) distinguishes two principal branches of law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a wide range of topics. Its rulings are concerned with ethical standards as much as with legal norms, assigning actions to one of five categories: mandatory, recommended, neutral, abhorred, and prohibited. This classification has also been integrated with the motto enjoining good and forbidding wrong, which is accepted as a type of jihad and has a place in the Qur'an about 30 repeat. Fiqh was elaborated over the centuries by legal opinions (fatwas) issued by qualified jurists (muftis) and historically applied in Sharia courts by ruler-appointed judges, complemented by various economic, criminal and administrative laws issued by Muslim rulers. In the 21st century, the role of Sharia has become an increasingly contested topic around the world especially on political basis. There are ongoing theoretical debates as to whether Sharia is compatible with democracy, human rights, freedom of thought, women's rights, LGBT rights, and banking. The European Court of Human Rights in Strasbourg (ECtHR) ruled in several cases that Sharia is "incompatible with the fundamental principles of democracy". Some traditional practices include serious violations of human rights, especially on women and freedom of religion. The manner of its application in modern times has been a subject of dispute between Muslim fundamentalists and modernists. In the modern era, traditional laws in the Muslim world have been widely replaced by statutes inspired by European models. Judicial procedures and legal education were likewise brought in line with European practice. While the constitutions of most Muslim-majority states contain references to Sharia, its rules are largely retained only in family law. The legislators who codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence. The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of Sharia, including hudud corporal punishments, such as stoning. Today, fundamentalist terrorist organizations and modernist Islamists have advocated the implementation of the different interpretations of the sharia adopted by them through religious-political-terrorist organizations and different propaganda methods. On the other hand, theologian thinkers such as Fazlur Rahman Malik joined this discussion with their views that can be summarized as the Qur'anic expressions and the provisions derived from them have historical characteristics and should be abandoned. In some cases, this resulted in traditionalist legal reform, while other countries witnessed juridical reinterpretation of Sharia advocated by progressive reformers.