Sources of Sharia
[2] Hanafi school frequently relies on analogical deduction and independent reasoning, and Maliki and Hanbali generally use the Hadith instead.Believed to be the direct word of God as revealed to Muhammad through angel Gabriel in Mecca and Medina, the scripture specifies the moral, philosophical, social, political and economic basis on which a society should be constructed.[6] The verses of the Qur'an are categorized into three fields: "science of speculative theology", "ethical principles" and "rules of human conduct".[1][6] The Sunnah is the next important source, and is commonly defined as "the traditions and customs of Muhammad" or "the words, actions and silent assertions of him".It includes the everyday sayings and utterances of Muhammad, his acts, his tacit consent, and acknowledgments of statements and activities.According to Shi'ite jurists, the sunnah also includes the words, deeds and acknowledgments of the twelve Imams and Fatimah, Muhammad's daughter, who are believed to be infallible.It is a method of textual criticism developed by early Muslim scholars in determining the veracity of reports attributed to Muhammad.[11] Examples of biographical dictionaries include Ibn Hajar al-Asqalani's "Tahdhīb al-Tahdhīb" or al-Dhahabi's "Tadhkirat al-huffāz."[12] Using this criterion, Hadith are classified into three categories:[7] in a Shariah court a qadi (judge ) hears a case, including witnesses and evidence .[14][15] Muhammad himself said: In history, it has been the most important factor in defining the meaning of the other sources and thus in formulating the doctrine and practice of the Muslim community.[17] Amongst the Sunni jurists there is diversity on who is eligible to participate in ijma' , as shown in the following table: In modern Muslim usage it is no longer associated with traditional authority and appears as democratic institution and an instrument of reform.Analogical reason in Islam is the process of legal deduction according to which the jurist, confronted with an unprecedented case, bases his or her argument on the logic used in the Qur'an and Sunnah.[20] Supporters of the practice of qiyas will often point to passages in the Qur'an that describe an application of a similar process by past Islamic communities.[20] Islamic studies scholar Bernard G. Weiss has pointed out that while analogical reason was accepted as a fourth source of law by later generations, its validity was not a foregone conclusion among earlier Muslim jurists.[22] Thus the issue of analogical reason and its validity was a controversial one early on, though the practice eventually gained acceptance of the majority of Sunni jurists.The success and expansion of Islam brought it into contact with different cultures, societies and traditions, such as those of Byzantines and Persians.[20] The general principle behind the process of qiyas is based on the understanding that every legal injunction guarantees a beneficial and welfare satisfying objective.Abu Hanifa extended the rigid principle of basing rulings on the Qur'an and Sunnah to incorporate opinion and exercise of free thought by jurists.In order to respond suitably to emerging problems, he based his judgments, like other jurists, on the explicit meanings of primary texts (the Qur'an and sunnah).[23] This doctrine was useful in the Islamic world outside the Middle East where the Muslims encountered environments and challenges they had been unfamiliar with in Arabia.Analogical reason, however, dictates that despite removing some of the water, a small concentration of contaminants will always remain in the well (or the well walls) rendering the well impure.The process, whereby rational efforts are made by the jurist to arrive at an appropriate ruling, when applied is called ijtihad (literally meaning "exerting oneself").Although this was not formally included in Islamic law,[31] Sharia recognizes customs that prevailed at the time of Muhammad but were not abrogated by the Qur'an or the tradition (called "Divine silence").
BeliefsOnenessAngelsRevealed BooksProphetsDay of ResurrectionPredestinationPracticesProfession of FaithPrayerAlmsgivingFastingPilgrimageFoundationsSunnahHadithTafsir (exegesis)IjtihadAqidah (creed)Qisas al-Anbiya ("Stories of the Prophets")MathnawiFiqh (jurisprudence)Sharia (law)HistoryTimelineJahiliyyahMuhammadAhl al-BaytSahabahRashidunCaliphateImamateSpread of IslamSuccession to MuhammadCulturesocietyAcademicsAnimalsAssociation footballCalendarChildrenCircumcisionDemographicsDiasporaDenominationsEconomicsEducationEthicsExorcismFeminismFestivalsFinanceLiberalismMadrasaMoral teachingsMosqueMysticismPhilosophyPoetryPoliticsProselytizingScienceSexualitySlaveryConcubinageSocial welfareApostasyCriticismArabic languageOther religionsIslamismViolenceterrorismIslamophobiaJihadismSalafi jihadismDeobandi jihadismMilitary lawsGlossaryIslamic jurisprudenceIslamicHoly Qur'anIslamic prophetShi'iteconsensusanalogical reasonseekingpublic interestjuristic discretionrulingsfirst generationlocal customsHanafiMalikiHanbaliShafi'iJa'fari jurisprudenceintellectprinciples of jurisprudenceAkhbariGabrielMedinaeconomicphilosophicaltheologicalethical principlestwelve ImamsFatimahinfallibleQur'anscience of Hadith'ilm al-rijālIbn Hajar al-AsqalaniTahdhīb al-Tahdhībal-DhahabiTadhkirat al-huffāzmutawatirMuslim juristsversesSchool of jurisprudenceCompanionsShariaShiitesHanbalitesZahiritesMuhammad's companions