Legal systems across the world. An academic discipline or field of study is a branch of Knowledge which is taught or Researched at the college or university level This is a sub-article to Religious education, Academic discipline, and Islam. This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law Islamic banking refers to a system of banking or banking activity that is consistent with Islamic law ( Sharia) principles and guided by Islamic economics Riba ( Arabic: ربا rɪbæː means Usury and is forbidden in Islamic economic jurisprudence. Murabaha (accurate transliteration murābaḥa, Arabic مرابحه is defined as a particular kind of sale compliant with Shariah, where the seller expressly mentions Takaful is an Islamic Insurance concept which is grounded in Islamic muamalat (banking transactions observing the rules and regulations of Islamic Sukuk ( Arabic: صكوك plural of صك Sakk "legal instrument deed check" is the Arabic name for a financial Certificate but can be seen This is a sub-article to Islamic economical jurisprudence and Inheritance. See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna This is a sub-article to Islamic politics and a parallel sub-article to Leadership. In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. An Islamic marriage contract is a formal binding contract drawn up by parties involved in marriage proceedings Mahr (مهر also transliterated mehr, meher, or mahrieh) is gift mandatory in Islam given by the groom to Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant Nikāḥu l-Mut‘ah (نكاح المتعة marriage for pleasure) or sigheh, is a time-delimited Marriage contract according to the Usuli This is a sub-article of Islamic marital jurisprudence and Human sexuality. This is a sub-article of Sexuality in Islam. Mutual masturbation Muslim jurists state that Mutual masturbation that culminates in This is a sub-article of Sexuality in Islam and Masturbation. A Talaq ( الطلاق) is the Islamic term for Divorce and is used to end a marriage or Nikāħ (النكاح This is a sub-article of Fiqh and Criminal law. Islamic criminal law (فقه العقوبات is Criminal law in accordance Zina (الزناء in Islam is Extramarital sex and premarital sex Hudud ( Arabic حدود also transliterated hadud, hudood; singular hadd, حد In Islam, maisir or Gambling is forbidden. The Qur'an says of gambling and alcohol The above Quranic verse was retrieved from wikisource This is a sub-article of Islamic jurisprudence and Etiquette. This is a sub-article to Islamic jurisprudence and Sex segregation See also Purdah Islam discourages social interaction In Islamic Sharia legal terminology a mahram ( Arabic محرم also Transliterated mahrim or maharem) is an Many muslims when praying their daily prayers have to say the Salat Ibrahimiya This is a sub-article to Islamic jurisprudence and Islamic theology. In Islamic Legal terminology Baligh or Bulugh (بالغ or بُلوغ refers to a person who has reached maturity or Puberty and has full responsibility Ṣalāt ( Arabic: صلاة‎, pl ṣalawāt, Qur'anic Arabic: صلوة ṣalawah) (also munz in Pashto and Sawm ( Arabic: صوم is an Arabic word for Fasting regulated by Islamic jurisprudence. The Hajj (حج is a pilgrimage to Mecca (Makkah It is the largest annual pilgrimage in the world This is a sub-article to Fiqh and Hygiene Hygiene is a prominent topic in Islam. This is a sub-article to Islamic hygienical jurisprudence and Cleanliness. This article is about Hygiene in Islam. Wudu ( Arabic: الوضوء al-wuḍū', Persian:آبدست ābdast Ghusl (غسل is an Arabic term referring to the full ablution (ritual washing required in Islam for various rituals and prayers This article is about Hygiene in Islam. Tayammum (تيمم refers to the dry Ablution in Islam using sand or dust which may This article is about Hygiene in Islam. The miswak ( miswaak, siwak) is a natural Toothbrush made from the twigs This is a sub-article to Hygiene in Islam, Healthy diet and Food and cooking hygiene. Dhabīḥah (ar ذَبِيْحَة is the prescribed method of Ritual slaughter of all animals excluding fish and most sea-life per Islamic law This is a sub-article to Hygiene in Islam, Healthy diet and Food and cooking hygiene. This is a sub-article to Hygiene in Islam, Healthy diet and Food and cooking hygiene. This is a sub-article to Hygiene in Islam and Toilet The Islamic faith has particular rules regarding personal hygiene when going to the This is a sub-article to Hygiene in Islam. In Islamic law, najis (نجس are things or persons regarded as ritually unclean Islamic military jurisprudence consists of the basic laws governing the conduct of the military aspects of Jihad (also known as "lesser Jihad " This is a sub-article to Islamic military jurisprudence and Prisoner of war Ma malakat aymanukum ("what your right hands possess" The rules and regulations concerning prisoners of war in Islam are covered in manuals of Islamic jurisprudence, based upon Islamic teachings in both the Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Different approaches and methods for the Romanization of Arabic exist Translation is the interpreting of the meaning of a text and the subsequent production of an equivalent text likewise called a " translation For other meanings including people named 'Islam' see Islam (disambiguation. Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature      civil law      common law      mixed civil and common law      customary law      fiqh

Fiqh (Arabic: فقه) is Islamic jurisprudence. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language For other meanings including people named 'Islam' see Islam (disambiguation. Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature Fiqh is an expansion of the Sharia Islamic law—based directly on the Quran and Sunna—that complements Shariah with evolving rulings/interpretations of Islamic jurists. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran A fatwā (فتوى plural fatāwā فتاوى in the Islamic faith is a religious opinion on Islamic law issued by an Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several

Fiqh deals with the observance of Islamic rituals, the principles of the Five Pillars, and social legislation. The Five Pillars of Islam (Arabic أركان الإسلام is the term given to the five duties incumbent on every Muslim. There are four Sunni schools of fiqh (Madh'hab) and schools for Shia and Kharijites. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or This is a sub-article to Islamic jurisprudence and Twelvers. Jaʿfarī school of thought, Jaʿfarī jurisprudence or Kharijites (Arabic Khawārij خوارج literally "Those who Went Out" is a general term embracing various Muslims who while initially supporting the A person trained in fiqh is known as a Faqih (plural Fuqaha). A Faqih (plural Fuqaha') (فقيه pl فقهاء is an expert in Fiqh, or Islamic Jurisprudence. ^[1]

Etymology

The word fiqh is an Arabic term meaning "deep understanding" or "full comprehension". Technically it refers to the science of Islamic law extracted from detailed Islamic sources (which are studied in the principles of Islamic jurisprudence). Principles of Islamic Jurisprudence (usool al-fiqh is a subject that provides a critical analysis of the sources and principles that Islamic Jurisprudence ( Fiqh The process of gaining knowledge of Islam through jurisprudence, and the body of legal advisements so derived, is known as fiqh.

Introduction

The historian Ibn Khaldun describes fiqh as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respecting what is required (wajib), forbidden (haraam), recommended (mandūb), disapproved (makruh) or merely permitted (mubah)". Ibn Khaldūn or Ibn Khaldoun (full name أبو زيد عبد الرحمن بن محمد بن خلدون,, ( May 27, 1332 AD/732 AH &ndash March 19 Fard (الفرض also farida (الفريضة is an Islamic term which denotes a religious duty Haraam (حرام is an Arabic term meaning "forbidden" Mustahabb (Arabic مستحبّ literally "recommended" is an Islamic term referring to recommended favored or virtuous actions In Islamic terminology something which is makruh ( Arabic مكروه also transliterated makrouh, makrūh etc Mubah (Arabic مباح is an Islamic Arabic term denoting an action as neither forbidden nor recommended and so religiously neutral ^[2]

There are cases where the Qur'an gives a clearly defined and concrete answer on how do deal with different issues. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran This includes how to perform the ritual purification (Arabic: wudu) before the obligatory daily prayers (Arabic: salat). Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language This article is about Hygiene in Islam. Wudu ( Arabic: الوضوء al-wuḍū', Persian:آبدست ābdast Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Ṣalāt ( Arabic: صلاة‎, pl ṣalawāt, Qur'anic Arabic: صلوة ṣalawah) (also munz in Pashto and

On other issues, the Qur'an alone is not enough to make things clear. For example, the holy book states that one needs to engage in daily prayers (Arabic: salat) and fast (Arabic: sawm) during the month of Ramadan, however, it does not define how to perform these duties. Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Ṣalāt ( Arabic: صلاة‎, pl ṣalawāt, Qur'anic Arabic: صلوة ṣalawah) (also munz in Pashto and Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Sawm ( Arabic: صوم is an Arabic word for Fasting regulated by Islamic jurisprudence. Ramadan or Ramadhan or Ramazan ( Arabic: ar رمضان is the ninth month of the Islamic calendar. The details about these issues can be found in what is called the tradition of Muhammad (Arabic: Sunnah). Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” This is true for most detailed issues, thus the Qur'an and Sunnah are the basis for the Islamic Divine Law (Arabic: Shariah). Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law.

However, the Muslim jurists (Arabic: Fuqaha) do not always agree on how to interpret the Qur'an and Sunnah to arrive at the sharia. Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language A Faqih (plural Fuqaha') (فقيه pl فقهاء is an expert in Fiqh, or Islamic Jurisprudence. Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. This division of interpretation in more detailed issues has resulted in different schools of thought (Arabic: madh'hab). Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or

And with regard to some topics, the Qur'an and Sunnah are simply silent. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” In those cases, the Muslim jurists (Arabic: Fuqaha) try to arrive at conclusions using other tools. Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language A Faqih (plural Fuqaha') (فقيه pl فقهاء is an expert in Fiqh, or Islamic Jurisprudence. Sunni jurists use analogy (Arabic: Qiyas) and historical consensus of the community (Arabic: Ijma). Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Analogy is both the cognitive process of transferring Information from a particular subject (the analogue or source to another particular subject (the target and Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Sharia constitutes of, and is called fiqh. Thus, in contrast to the sharia, fiqh is not regarded as sacred, and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious. SACRED was a Cubesat built by the Student Satellite Program of the University of Arizona. Sacrilege is the violation or injurious treatment of a sacred object

This wider concept of Islamic jurisprudence is the source of a range of laws in different topics that govern the lives of the Muslims in all facets of everyday life.

Islamic Law

Islamic law (fiqh) covers two main areas, rules in relation to actions and rules in relation to circumstances surrounding actions.

Rules in relation to actions ('amaliyya—عملية) comprise:

• Obligation (fard)
• Recommendation (mandoob)
• Permissibility (mubah)
• Disrecommendation (makrooh)
• Prohibition (haram)

Rules in relation to circumstances (wadia') comprise:

• Condition (shart)
• Cause (sabab)
• Preventor (mani)
• Permit/Enforce (rukhsah, azeemah)
• Valid/Corrupt/Invalid (sahih, fasad, batil)
• In time/Debt/Repeat (adaa, al-qadaa, i3ada)

Muslim Jurist: Ulema

Main article: Ulema

The Muslim Jurists are called the ulema, from the Arabic ilm (knowledge). Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several I'lm (Transliteration of علم) is Arabic for knowledge as an Islamic term it refers to knowledge of Islam. They are also called the faqeeh (pl. fuqahaa) from fiqh.

Fields of jurisprudence

• Islamic economical jurisprudence فقه المعاملات
• Islamic political jurisprudence فقه السياسة
• Islamic marital jurisprudence
• Islamic criminal jurisprudence فقه العقوبات
• Islamic etiquettical jurisprudence الآداب
• Islamic theological jurisprudence
• Islamic hygienical jurisprudence
• Islamic military jurisprudence فقه الجهاد

Methodologies of jurisprudence usul al-fiqh (أصول الفقه)

Main article: Usul al-fiqh

The Modus operandi of the Muslim jurist is known as usul al-fiqh (principles of jurisprudence). This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. This is a sub-article of Fiqh and Criminal law. Islamic criminal law (فقه العقوبات is Criminal law in accordance This is a sub-article of Islamic jurisprudence and Etiquette. This is a sub-article to Islamic jurisprudence and Islamic theology. This is a sub-article to Fiqh and Hygiene Hygiene is a prominent topic in Islam. Islamic military jurisprudence consists of the basic laws governing the conduct of the military aspects of Jihad (also known as "lesser Jihad " Uṣūl al-fiqh ( is a term which literally translates to the roots of the law and refers to the study of the origins sources and practice of Islamic jurisprudence Modus operandi (often used in the abbreviated forms MO or simply Method) is a Latin phrase approximately translated as " mode of operation Uṣūl al-fiqh ( is a term which literally translates to the roots of the law and refers to the study of the origins sources and practice of Islamic jurisprudence

There are different approaches to the methodology used in fiqh to derive sharia from the Islamic sources. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The main methodologies are:

• The four classical Sunni schools are, in chronological order: the Hanafi school, the Maliki school, the Shafi'i school and the Hanbali school. Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs The Maliki Madhhab ( Arabic مالكي) is one of the four schools of Fiqh or religious law within Sunni Islam The Shāfi‘ī Madhab ( ar شافعي) is one of the four schools of Fiqh, or religious law within Hanbali ( حنبلى) is one of the four schools ( Madhhabs of Fiqh or religious law within Sunni Islam (the other three being They represent the generally accepted Sunni authority for Islamic jurisprudence. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic

Other schools are the Thahiri, Sufian Al'thawree, Sufian bin O'yayna, Layth bin Sa'ad. The four most famous schools mentioned go back to the schools as Sufian Bin Oyayna.

• Jafari fiqh, or the Shi'a fiqh
• Qur'an alone fiqh

The four schools of Sunni Islam

The four schools (or Madh'hab) of Sunni Islam are each named by students of the classical jurist who taught them. This is a sub-article to Islamic jurisprudence and Twelvers. Jaʿfarī school of thought, Jaʿfarī jurisprudence or Qur'an alone Muslims Qur'anic Muslims, or sometimes Anti-Hadith Muslims, is a term used to refer to Muslims who reject Hadith, or reported traditions of Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic The Sunni schools (and where they are commonly found) are

• Hanafi (Turkey,Pakistan, the Balkans, Central Asia, Indian subcontinent, Afghanistan, China and Egypt)
• Maliki (North Africa, the Muslim areas of West Africa, and several of the Arab states of the Persian Gulf)
• Shafi'i (Indonesia, Malaysia, Egypt, Somalia, Eritrea, Yemen and southern parts of India)
• Hanbali (Arabia). Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs Turkey (Türkiye known officially as the Republic of Turkey ( is a Eurasian Country that stretches Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and Central Asia is a region of Asia from the Caspian Sea in the west to central China in the east and from southern Russia in the north to northern Pakistan in the south This article deals with the geophysical region in Asia For geopolitical treatments see South Asia. Afghanistan /æfˈgænɪstæn/ officially the Islamic Republic of Afghanistan ( Pashto: د افغانستان اسلامي جمهوریت, China ( Wade-Giles ( Mandarin) Chung¹kuo² is a cultural region, an ancient Civilization, and depending on perspective a National This article is about the country of Egypt For a topic outline on this subject see List of basic Egypt topics. The Maliki Madhhab ( Arabic مالكي) is one of the four schools of Fiqh or religious law within Sunni Islam North Africa or Northern Africa is the Northernmost Region of the African Continent, separated by the Sahara from Sub-Saharan West Africa or Western Africa is the Westernmost Region of the African Continent. The Arab states of the Persian Gulf are made of the kingdoms of Bahrain and Saudi Arabia, the Sultanate of Oman, the States The Shāfi‘ī Madhab ( ar شافعي) is one of the four schools of Fiqh, or religious law within The Republic of Indonesia ( (Republik Indonesia is a Country in Southeast Asia. For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and This article is about the country of Egypt For a topic outline on this subject see List of basic Egypt topics. Somalia ( Soomaaliya; الصومال) officially the Somali Republic ( Jamhuuriyadda Soomaaliya, جمهورية الصومال) and formerly known Eritrea () ( Ge'ez: ኤርትራ ʾErtrā, Arabic: إرتريا Iritriya) officially the State of Eritrea, is a country in Yemen ( Arabic: اليَمَن al-Yaman officially the Republic of Yemen ( Arabic: الجمهورية اليمنية al-Jumhuuriyya India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country Hanbali ( حنبلى) is one of the four schools ( Madhhabs of Fiqh or religious law within Sunni Islam (the other three being The Arabian Peninsula (in Arabic: شبه الجزيرة العربية šibh al-jazīra al-ʻarabīya or جزيرة العرب jazīrat al-ʻarab)

These four schools share most of their rulings, but differ on the particular hadiths they accept as authentic and the weight they give to analogy or reason (qiyas) in deciding difficulties. Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared

The Hanafi school was the earliest established under the jurist Imam Abu Hanifa, who was born and taught in Iraq. The Hanafi ( Arabic حنفي school is the oldest of the four schools of thought ( Madhhabs Al-Imam al-A'zam ( الامام الاعظم) "The Greatest Imam" Nu’man bin Thabit bin Zuta bin Mahan ( النعمان بن ثابت‎) better known by Imam Abu Hanifa (80A.H.–150A. The Islamic calendar or Muslim calendar ( Arabic: التقويم الهجري at-taqwīm al-hijrī; Persian: تقویم هجری قمری ‎ H. ), whose real name was Nu'man ibn Thabit, was born in the city of Kufa (modern day Iraq) in the year 80 A. Kufa ( Arabic, ar الكوفة) is a city in modern Iraq, about 170 km south of Baghdad, and 10 km northeast of Najaf. H (689 A. D). Born into a family of tradesmen, the Imam's family were of Persian origin. Under Imam Abu Hanifa, the witr prayer was considered to be compulsory and the Hanafis also differed with other sects in relation to methods of taking ablution, prayers and payment of tithe or zakat. Imam Abu Hanifa also differed with the other three schools in many areas including the type of punishments meted out for various crimes in Islam. On the whole, the Hanafi school of jurisprudence could be said to have the most differences with other three schools.

Students of Imam Malik established the Maliki school of which a majority now can be found in North Africa and some Persian gulf states . Imam Malik, whose real name was Abu Abdullah, Malik bin Anas, was born in Medina in the year 715 AD. His ancestral home was in Yemen, but his grandfather settled in Medina after embracing Islam. He received his education in Medina, which was the most important seat of Islamic learning, and where the immediate descendants of the Muhammad's followers lived. Imam Malik was attracted to the study of law, and devoted himself to the study of fiqh. His principal book, the Kitab al-Muwatta, is one of the earliest surviving books on hadith and fiqh. The Muwaṭṭa (الموطأ is an early statement of Muslim law compiled and edited by Imam Malik. Differences under the Maliki school included the fact that those following the Maliki school could state their purpose (or niat) once only for compulsory fasting which is valid for the whole month of Ramadhan whilst for the Shafi'ie school (see below), one would have to state his purpose every day of the month of Ramadhan for his fast to be valid the next day.

Ja'fari jurisprudence

The Jaferi or Ja'fari school (Iran, Iraq, Azerbaijan, Lebanon, Bahrein, Pakistan, India and parts of Afghanistan and Saudi Arabia) is associated with Shia Islam. This is a sub-article to Islamic jurisprudence and Twelvers. Jaʿfarī school of thought, Jaʿfarī jurisprudence or For a topic outline on this subject see List of basic Iran topics. For a topic outline on this subject see List of basic Iraq topics. Azerbaijan ( English; Azərbaycan officially the Republic of Azerbaijan (Azərbaycan Respublikası is the largest and most populous country in the South Lebanon (ˈlɛbənɒn Arabic: ar لبنان Lubnān) officially the Republic of Lebanon or Lebanese Republic (ar الجمهورية اللبنانية The Kingdom of Bahrain (in مملكة البحرين,, literally Kingdom of the Two Seas) is an Island country in the Persian Gulf Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country Afghanistan /æfˈgænɪstæn/ officially the Islamic Republic of Afghanistan ( Pashto: د افغانستان اسلامي جمهوریت, The Kingdom of Saudi Arabia, KSA ( المملكة العربية السعودية, al-Mamlaka al-ʻArabiyya as-Suʻūdiyya) or Suudi The fatwas, or time and space bound rulings of early jurists, are taken rather more seriously in this school, due to the more hierarchical structure of Shia Islam, which is ruled by the imams. A fatwā (فتوى plural fatāwā فتاوى in the Islamic faith is a religious opinion on Islamic law issued by an An imam (إمام plural ائمة A'immah, امام is an Islamic leader often the leader of a Mosque and/or community But they are also more flexible, in that every jurist has considerable power to alter a decision according to his opinion.

The Jafari school uses uses 'aql "intellect" instead of qiyas in the Sunni achools, when establishing Islamic laws. ‘Aql (عقل literally "something tied to an animal's feet to restrain it" (see ‘agal عقل "id

Each school reflects a unique al-urf or culture, that the classical jurists themselves lived in, when rulings were made. Urf العرف is an Arabic Islamic term referring to the custom or 'knowledge' of a given society leading to change in the Fiqh فقه (Islamic Some suggest that the discipline of isnad which developed to validate hadith made it relatively easy to record and validate also the rulings of jurists, making them far easier to imitate (taqlid) than to challenge in new contexts. A Hadith was originally just an Arabic story As the stories began to be used formally it became common to provide their chain of transmitters (or sanad سند plural Taqlid or taqleed ( Arabic تَقْليد taqlīd) is an Arabic term meaning "to follow (someone" or "to imitate" The effect is, the schools have been more or less frozen for centuries, and reflect a culture that simply no longer exists.

Early shariah had a much more flexible character, and many modern Muslim scholars believe that it should be renewed, and that the classical jurists should lose special status. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. This would require formulating a new fiqh suitable for the modern world, e. g. as proposed by advocates of the Islamization of knowledge, and would deal with the modern context. Islamization of knowledge is a term which describes a variety of attempts and approaches to synthesize the ethics of Islam with various fields of modern thought This modernization is opposed by most conservative ulema. Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several

Early history

Main article: Sharia

Further information: Islamic economics in the world

The formative period of Islamic jurisprudence stretches back to the time of the early Muslim communities. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. This is a sub-article of Islamic economic jurisprudence and Muslim world. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory. ^[3] Progress in theory happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767–820), who codified the basic principles of Islamic jurisprudence in his book ar-Risālah. TemplateInfobox Muslim scholars --> Al-Shafi'i, Arabic Jurist (150 AH/767 AD - 204 AH/820 AD The book details the four roots of law (Qur'an, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language. Sunnah ar (سنة plural سنن Sunan literally means “trodden path” and therefore the sunnah of the prophet means “the way and the manners of the prophet” Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared ^[4]

A number of important legal institutions were developed by Muslim jurists during the classical period of Islam, known as the Islamic Golden Age. Institutions are structures and mechanisms of Social order and Cooperation governing the Behavior of a Set of Individuals One such institution was the Hawala, an early informal value transfer system, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala (also known as hundi) is an Informal value transfer system based on performance and honor of a huge network of money brokers which are primarily located in An informal value transfer system (IVTS refers to any system mechanism or network of people that receives Money for the purpose of making the funds or an equivalent value Hawala itself later influenced the development of the agency in common law and in civil laws such as the aval in French law and the avallo in Italian law. Agency is an area of Commercial law dealing with a Contractual or Quasi-contractual Tripartite set of relationships when an Agent Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Aval or Endorsement is a shared-in-common commitment of Payment of an obligation in favor of the creditor or Beneficiary, granted by a third In academic terms French law can be divided into two main categories private law (" droit privé " and public law (" droit public " Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest ^[5] The "European commenda" (Islamic Qirad) used in European civil law may have also originated from Islamic law. A limited partnership is a form of Partnership similar to a General partnership, except that in addition to one or more general partners (GPs there are The qirad was one of the basic financial instruments of the medieval Islamic world. ^[6]

The earliest known lawsuits were described in the Ethics of the Physician by Ishaq bin Ali al-Rahwi (854–931) of al-Raha, Syria, who describes it as part of an early medical peer review process, where the notes of a practicing Islamic physician were reviewed by peers and he/she could face a lawsuit from a maltreated patient if the reviews were negative. In law a lawsuit is a civil action brought before a Court in which the party commencing the action the Plaintiff, seeks a legal or equitable remedy Syria ( سوريّة or) officially the Syrian Arab Republic (Arabic ar الجمهورية العربية السورية Medical peer review is the process by which a committee of physicians examines the work of a peer and determines whether the physician under review has met accepted standards of care in ^[7] The Waqf in Islamic law, which developed during the 7th–9th centuries, bears a notable resemblance to the trusts in the English trust law. A waqf ( plural, awqāf; vakıf wæqəf is an inalienable religious endowment in Islam, typically devoting a building or plot of land for Muslim Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. A charitable trust is a trust established for charitable purposes and is a more specific term than " charitable organisation " In Common law legal systems a trust is an arrangement whereby Property (including real tangible and intangible is managed by one person (or persons or organizations ^[8] For example, every Waqf was required to have a waqif (founder), mutawillis (trustee), qadi (judge) and beneficiaries. Qadi (also known as Qazi or Kazi or Kadi) (قاضي is a judge ruling in accordance with the Sharia, Islamic religious law ^[9] The trust law developed in England at the time of the Crusades, during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the Waqf institutions they came across in the Middle East. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents The Middle East is a Subcontinent with no clear boundaries often used as a synonym to Near East, in opposition to Far East. ^[10][11]

The Islamic Lafif was a body of twelve members drawn from the neighbourhood and sworn to tell the truth, who were bound to give a unanimous verdict, about matters "which they had personally seen or heard, binding on the judge, to settle the truth concerning facts in a case, between ordinary people, and obtained as of right by the plaintiff. A neighbourhood or neighborhood (see spelling differences) is a geographically localised Community within a larger City, Town or In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge Qadi (also known as Qazi or Kazi or Kadi) (قاضي is a judge ruling in accordance with the Sharia, Islamic religious law A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit " The only characteristic of the English jury which the Islamic Lafif lacked was the "judicial writ directing the jury to be summoned and directing the bailiff to hear its recognition. In Law, a writ is a formal written order issued by a body with administrative or judicial Jurisdiction. Bailiff (from Late Latin baiulivus, Adjectival form of baiulus) is a Governor or Custodian (cf " According to Professor John Makdisi, "no other institution in any legal institution studied to date shares all of these characteristics with the English jury. " It is thus likely that the concept of the Lafif may have been introduced to England by the Normans, who conquered both England and the Emirate of Sicily, and then evolved into the modern English jury. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland The Normans were the people who gave their names to Normandy, a region in northern France. The Emirate of Sicily was an Islamic state on the island of Sicily from 965 to 1072. ^[6]

Several other fundamental common law institutions may have been adapted from similar legal institutions in Islamic law and jurisprudence, and introduced to England by the Normans after the Norman conquest of England and the Emirate of Sicily, and by Crusaders during the Crusades. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The Normans were the people who gave their names to Normandy, a region in northern France. The Emirate of Sicily was an Islamic state on the island of Sicily from 965 to 1072. The Crusades were a series of military campaigns of a religious character waged by much of Christian Europe against external and internal opponents In particular, the "royal English contract protected by the action of debt is identified with the Islamic Aqd, the English assize of novel disseisin is identified with the Islamic Istihqaq, and the English jury is identified with the Islamic Lafif. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Debt is that which is owed usually referencing Assets owed but the term can cover other obligations In English law, the Assize of novel disseisin ("recent dispossession" was an action to recover lands of which the plaintiff had been disseised or dispossessed A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them " Other English legal institutions such as "the scholastic method, the license to teach," the "law schools known as Inns of Court in England and Madrasas in Islam" and the "European commenda" (Islamic Qirad) may have also originated from Islamic law. Scholasticism was the dominant form of theology and philosophy in the Latin West in the Middle Ages, particularly in the 12th 13th and 14th centuries The verb license or grant license means to give permission The noun license is the document demonstrating that permission Education encompasses both the Teaching and Learning of Knowledge, proper conduct, and technical competency A law school (also known as a school of law or college of law) is an institution specializing in Legal education. The Inns of Court in London are the professional associations to one of which every barrister in England and Wales (and those judges who were formerly barristers "Madrasa" and "Medrese" redirect here For the village in Azerbaijan see Mədrəsə. A limited partnership is a form of Partnership similar to a General partnership, except that in addition to one or more general partners (GPs there are The qirad was one of the basic financial instruments of the medieval Islamic world. ^[6] The methodology of legal precedence and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems. In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial Analogy is both the cognitive process of transferring Information from a particular subject (the analogue or source to another particular subject (the target and In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared ^[12] These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole". ^[6]

See also

• Abdallah al-Harari
• Bahar-e-Shariat
• Mizan—a comprehensive treatise on the contents of Islam written by Javed Ahmed Ghamidi

Notes

References

• Doi, Abd ar-Rahman I. , and Clarke, Abdassamad (2008). Shari'ah: Islamic Law. Ta-Ha Publishers Ltd. , ISBN 978-1842000853 (paperback), ISBN 978-1842000878 (hardback)
• Gaudiosi, Monica M. (April 1988), "The Influence of the Islamic Law of Waqf on the Development of the Trust in England: The Case of Merton College", University of Pennsylvania Law Review 136 (4): 1231–1261
• Hudson, A. The University of Pennsylvania Law Review is a scholarly journal focusing on legal issues published by an organization of second and third year J (2003), Equity and Trusts (3rd ed. ), Cavendish Publishing, ISBN 1-85941-729-9
• Levy, Reuben (1957). The Social Structure of Islam. UK: Cambridge University Press. ISBN 978-0521091824.  
• Makdisi, John A. (June 1999), "The Islamic Origins of the Common Law", North Carolina Law Review 77 (5): 1635–1739