The Law in Islam - ash-Sharīʿah and Its Complexities

The Law in Islam - ash-Sharīʿah and Its Complexities

Etymology and Definitions

The term used by Muslims to express “the law” is ash-Sharīʿah (الشريعة‎) and ash-Sharʿ (الشرع‎), translating to “the way” or “the road.” The compiler of the G͟hiyās̤u ʾl-Lug͟hah defines Sharīʿah as “the way or road in the religion of Muḥammad, which God has established for the guidance of His people, both for the worship of God and for the duties of life.” This term is found in the Qurʾān in several places, including Sūrah 45:18, “We (God) put thee (Muḥammad) in the right way concerning the affair.”

Key Components of Islamic Law

Islamic law, or ash-Sharʿ, is comprehensive and is traditionally divided by Muslim scholars into five primary sections: Iʿtiqādāt, Ādāb, ʿIbādāt, Muʿāmalāt, and ʿUqūbāt.

1. Iʿtiqādāt (Beliefs)

• Definition: Encompasses the six articles of Muslim faith: Belief in God, His angels, His books, His prophets, the Day of Judgment, and the Decrees of God.
• Key Texts: Sharḥu ʾl-Muwāqif by Saiyid Sharīf al-Jurjānī and Sharḥu ʾl-ʿAqāʾid by Masʿūd Saʿdu ʾd-dīn at-Taftāzānī.

2. Ādāb (Moralities)

• Definition: Concerns moral virtues such as sincerity (Ik͟hlāṣ), confidence in God (Tawwakkul), humility (Tawāz̤uʿ), among others.
• Key References: Majmaʿu ʾl-Biḥār.

3. ʿIbādāt (Devotions)

• Definition: Includes acts of worship like the recital of the Creed, prayer, Zakāt (alms), fasting, and the pilgrimage to Mecca.
• Key Topics: Includes Jihād (warfare for the propagation of Islam).

4. Muʿāmalāt (Transactions)

• Definition: Personal dealings including criminal and civil jurisprudence (e.g., marriage, divorce, transactions).
• Sub-divisions:
  • Muk͟hāṣamāt (altercations)
  • Munākaḥāt (nuptials)
  • Amānāt (securities)

5. ʿUqūbāt (Punishments)

• Definition: Penal laws derived from the Qurʾān and Sunnah, including retaliation (Qiṣāṣ), punishments for theft, adultery, fornication, apostasy, and defamation.

Classifications of Lawful and Unlawful

Islamic law also delineates between what is lawful (Mashrūʿ) and unlawful (G͟hairu ʾl-mashrūʿ), with further subdivisions:

Lawful (Mashrūʿ)

1. Farẓ: Obligatory actions endorsed in the Qurʾān or authentic traditions.
2. Wājib: Obligatory but less certain in the textual proof.
3. Sunnah: Practices of the Prophet Muhammad.
4. Mustāḥabb: Recommended actions.
5. Mubāḥ: Permissible but optional acts.

Unlawful (G͟hairu ʾl-mashrūʿ)

1. Mufsid: Immoral and corrupting actions.
2. Ḥarām: Explicitly forbidden actions.
3. Makrūh: Generally detested actions.

Sources of Islamic Law

Islamic law derives primarily from four sources:

1. Qurʾān
2. Sunnah (Traditions of the Prophet)
3. Ijmāʿ (Consensus of the scholars)
4. Qiyās (Analogical reasoning)

Major Schools of Thought

Sunni Schools

• Ḥanafī
• Shāfiʿī
• Ḥanbalī
• Mālikī

Shīʿah Jurisprudence

Key texts include:

• Tahẕīb
• Istibṣār
• Kāfi
• Man lā Yastaḥẓirah al-Faqīh

Key Texts and Resources

• For Sunni Jurisprudence: Ṣaḥīḥu ʾl-Bukhārī, Ṣaḥīḥu Muslim, Sunanu ʾt-Tirmiẓī, Sunanu Abī Dāʾūd
• For Shīʿah Jurisprudence: Sharáya ul-Islám, Rouzat ul-Ahkám, Masálik ul-Afhám

Recommended Books for Further Study

1. Islamic Jurisprudence: An International Perspective by C. G. Weeramantry
2. Introduction to Islamic Law by Joseph Schacht
3. The Origins and Evolution of Islamic Law by Wael B. Hallaq
4. An Introduction to Islamic Law by Malcolm N. Shaw

Conclusion and Takeaways

Understanding Islamic law (ash-Sharīʿah) involves comprehending its roots, divisions, and implementation in everyday life. From beliefs and worship to moral conduct and judicial matters, Islamic law covers a vast framework designed for individual and societal guidance within the Islamic faith. To gain a comprehensive understanding, one should delve into classical works and contemporary studies that encapsulate the rich tradition of Islamic jurisprudence.