Part of a series on Islam
Usul al-Fiqh
(The Roots of Jurisprudence) |
| Fiqh |
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| Ahkam |
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| Scholarly titles |
- Marja (authority)
- Alim (scholar; pl. For other meanings including people named 'Islam' see Islam (disambiguation. 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 Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Qur'an and Sunnah is an often quoted Islamic term regarding the sources of Islam Taqlid or taqleed ( Arabic تَقْليد taqlīd) is an Arabic term meaning "to follow (someone" or "to imitate" Ijtihad (Arabic اجتهاد is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources Ijmā (إجماع is an Arabic term referring ideally to the Consensus of the Ummah (the community of Muslims, or followers of Islam Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or In Sunni Islamic jurisprudence,the qiyas ( Arabic قياس is the process of analogical reasoning in which the teachings of the Quran are compared Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the In Islam, bid‘ah ( is any type of Innovation. Though innovations in worldly matters are acceptable to an extent innovation within the religion is seen as a sin "Madrasa" and "Medrese" redirect here For the village in Azerbaijan see Mədrəsə. An ijazah is a certificate used primarily by Muslims to indicate that one has been authorized by a higher authority to transmit a certain subject or text of Islamic knowledge Istihlal (استحلال istiḥlāl) is a term used in Islamic Jurisprudence, or Fiqh, to refer to the act of regarding some action as permissible Istihsan (استحسان is an Arabic term for juristic "preference" A Resalah (Arabic for "journal" "pamphlet" or "book" (رسالة توضيح المسائل is a book written by a Shi'a Ahkam (أحكام plural of حكم is a reference to the Islamic commandments derived and understood from Religious jurisprudence resources (المنابع Halal (حلال ḥalāl, halaal) is an Arabic term meaning permissible. Fard (الفرض also farida (الفريضة is an Islamic term which denotes a religious duty Fard (الفرض also farida (الفريضة is an Islamic term which denotes a religious duty Mustahabb (Arabic مستحبّ literally "recommended" is an Islamic term referring to recommended favored or virtuous actions Mubah (Arabic مباح is an Islamic Arabic term denoting an action as neither forbidden nor recommended and so religiously neutral In Islamic terminology something which is makruh ( Arabic مكروه also transliterated makrouh, makrūh etc Haraam (حرام is an Arabic term meaning "forbidden" Batil is an Arabic word meaning falsehood and can be used to describe a nullified or invalid act or contract according to the Sharia. Fasiq (فاسق Pluralفاسقين Fasiqeen is an Arabic term referring to someone who violates Islamic law. Marja ( Arabic / Persian: مرجع also appearing as Marja Taqlid or Marja Dini ( Arabic / Persian: مرجع تقليد Ulema ( ar علماء,, singular ar عالِم,, "scholar" refers to the educated class of Muslim legal scholars engaged in the several Ulema)
- Mufti (interpreter)
- Qadi (judge)
- Faqih (jurist)
- Muhaddith (narrator)
- Mullah
- Imam
- Mawlawi
- Sheikh
- Mujaddid (reviver)
- Hafiz
- Hujja
- Hakim
- Amir al-Mu'minin reg. This article is about an Islamic scholar Mufti can also refer to civilian dress. Qadi (also known as Qazi or Kazi or Kadi) (قاضي is a judge ruling in accordance with the Sharia, Islamic religious law A Faqih (plural Fuqaha') (فقيه pl فقهاء is an expert in Fiqh, or Islamic Jurisprudence. Muhaddith is an Islamic title referring to one who profoundly knows and narrates Hadiths the chains of their narration ( asaneed) and the original and famous Mullah ( ملا) is a Muslim learned in Islamic theology and sacred law An imam (إمام plural ائمة A'immah, امام is an Islamic leader often the leader of a Mosque and/or community Mawlawi (also spelled Maulvi, Moulvi and Mawlvi Persian مولوی is an honorific Islamic religious title often but not exclusively given Sheikh, also rendered as Sheik, Cheikh, Shaikh, and other variants ( Arabic:, shaykh A Mujaddid (مجدد in Islamic tradition refers to a person who Muslims believe is sent by God in the first half of every century of the Islamic Hafith or Hafiz ( Arabic: حافظ قرآن or حافظ plural huffaz) literally meaning 'guardian' is a term used by Muslims in modern and are two Arabic titles (also borrowed from Arabic into various eastern languages derived from the same Triliteral ḤKM "appoint choose judge" hadith
- Maulana
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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 jurisprudence). 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. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Jurisprudence is the Theory and Philosophy of Law. Scholars of jurisprudence or legal philosophers hope to obtain a deeper understanding of the nature
`Urf is a source of Shariah rulings where there aren't explicit primary texts of the Qur'an and Sunnah specifying the ruling. `Urf can also specify something generally established in the primary texts.
In some countries such as Egypt, marriage, the Urfi way, means to get married without official papers issued by the state (Zawag Urfi:زواج عرفي). This article is about the country of Egypt For a topic outline on this subject see List of basic Egypt topics. This type of marriage is valid and recognized. (See: common law marriage)
Description
The term urf, meaning "to know", refers to the customs and practices of a given society. Common-law marriage (or Common law marriage) sometimes called de facto marriage, informal marriage or marriage by habit and repute Although this was not formally included in Islamic law,[1] the Sharia recognizes customs that prevailed at the time of Muhammad but were not abrogated by the Qur'an or the tradition (called "Divine silence"). Practices later innovated are also justified, since Islamic tradition says what the people, in general, consider good is also considered as such by God. Allah ( Arabic: الله, ʔalˤːɑːh) is the standard Arabic word for ' According to some sources, urf holds as much authority as ijma (consensus), and more than qiyas (analogical deduction). Urf is the Islamic equivalent of "common law". 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 [2]
Urf was first recognized by Abū Yūsuf (d. 182/798), an early leader of the Ḥanafī school. But it was considered part of the sunnah, and not as formal source. 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” Later al-Sarak̲h̲sī (d. 483/1090), opposed it, holding that custom cannot prevail over a written text. [1]
In the application of urf, custom that is accepted into law should be commonly prevalent in the region, not merely in an isolated locality. If it is in absolute opposition to Islamic texts, custom is disregarded. However, if it is in opposition to qiyas (analogical deduction), custom is given preference. Jurists also tend to, with caution, give precedence to custom over doctoral opinions of highly esteemed scholars. [2]
References
- ^ a b "Urf", Encyclopaedia of Islam
- ^ a b Hasan (2004), p. 169-71
See also
Ma'ruf (معروف is an Islamic term meaning that which is commonly known understood recognized acknowledged accepted Various sources of Islamic law are used by Islamic jurisprudence to Elucidate the Sharia, the body of Islamic law The following list consists of Concepts that are derived from both Islamic and Arab tradition which are expressed as words in the Arabic language.
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