Islamic Law

sharia

sharia, the religious law of Islam. As Islam makes no distinction between religion and life, Islamic law covers not only ritual but many aspects of life. The actual codification of canonic law is the result of the concurrent evolution of jurisprudence proper and the so-called science of the roots of jurisprudence (usul al-fiqh). A general agreement was reached, in the course of the formalization of Islam, as to the authority of four such roots: the Qur'an in its legislative segments; the example of the Prophet Muhammad as related in the hadith; the consensus of the Muslims (ijma), premised on a saying by Muhammad stipulating "My nation cannot agree on an error" ; and reasoning by analogy (qiyas). Another important principle is ijtihad, the extension of sharia to situations neither covered by precedent nor explicable by analogy to other laws. These roots provide the means for the establishment of prescriptive codes of action and for the evaluation of individual and social behavior. The basic scheme for all actions is a fivefold division into obligatory, meritorious, permissible, reprehensible, and forbidden.

Numerous schools of jurisprudence emerged in the course of Islamic history. Four coexist today within Sunni Islam, with one or more dominant in particular areas—Maliki (N and W Africa), Hanafi (Turkic Asia), Shafii (Egypt, E Africa, SE Asia), and Hanbali (Saudi Arabia; see Ibn Hanbal, Ahmad). While these schools of jurisprudence vary on certain rituals and practices, they are often perceived as complementary rather than mutually exclusive. Twelve-Imam Shiite jurisprudence is often referred to as Jafari. Islamic law is an important legal influence, to a greater or lesser degree, in nearly all nations with a Muslim majority population; the primary exception is Turkey, which has been a secular state since Atatürk.

See study by S. Kadri (2012).

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Islamic Law: Selected full-text books and articles

Law in the Middle East By Majid Khadduri; Herbert J. Lienbesny Middle East Institute, vol.1, 1955
Librarian’s tip: This volume is on the origin and development of Islamic law
The Fall and Rise of the Islamic State By Noah Feldman Princeton University Press, 2008
Women in Muslim Family Law By John L. Esposito Syracuse University Press, 1982
Authority, Continuity, and Change in Islamic Law By Wael B. Hallaq Cambridge University Press, 2001
Liberal Islam: A Sourcebook By Charles Kurzman Oxford University Press, 1998
Librarian’s tip: Chap. 4 "Shari'a: The Codification of Islamic Law" and Chap. 24 "Shari'a and Basic Human Rights Concerns"
Comparing Religions through Law: Judaism and Islam By Jacob Neusner; Tamara Sonn Routledge, 1999
Islam in the World By Malise Ruthven Oxford University Press, 2000 (2nd edition)
Librarian’s tip: Chap. 4 "Law and Disorder"
Islamic Law and the Making and Remaking of the Iraqi Legal System By Stilt, Kristen A The George Washington International Law Review, Vol. 36, No. 4, January 1, 2004
Islamic Law and Its Use in Muslim Politics By Khan, Muqtedar Washington Report on Middle East Affairs, Vol. XX, No. 3, April 3, 2001
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