Sharia 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.

Sharia Law: Selected full-text books and articles

Islamic Law and Legal System: Studies of Saudi Arabia
Frank E. Vogel.
Brill, 2000
Studies in Islamic Legal Theory
Bernard G. Weiss.
Brill, 2002
The Unfamiliar Abode: Islamic Law in the United States and Britain
Kathleen M. Moore.
Oxford University Press, 2010
Islamic Divorce in North America: A Shari'a Path in a Secular Society
Julie Macfarlane.
Oxford University Press, 2012
Muslim and American? Straddling Islamic Law and U.S. Justice
Mark E. Hanshaw.
LFB Scholarly, 2010
Shari'a and Politics in Modern Indonesia
Arskal Salim; Azyumardi Azra.
Institute of Southeast Asian Studies, 2003
Constitutional Provisions Making Sharia "A" or "The" Chief Source of Legislation: Where Did They Come from? What Do They Mean? Do They Matter?
Lombardi, Clark B.
American University International Law Review, Vol. 28, No. 3, May 30, 2013
Sharia Banking Is Growing Fast and the Mainstream Banks Are Starting to Offer Islamic Accounts. Its System of Shared Risks and Profits Could Offer a Model for the Financial Services of the Future
.
New Statesman (1996), Vol. 137, No. 4927, December 15, 2008
Shaping the Current Islamic Reformation
B. A.Roberson.
Frank Cass, 2003
Librarian’s tip: Chap. 5 "From Jurists' Law to Statute Law or What Happens When the Shari'a Is Codified"
Islamic Law and the Making and Remaking of the Iraqi Legal System
Stilt, Kristen A.
The George Washington International Law Review, Vol. 36, No. 4, January 1, 2004
The Search for Security in Muslim Northern Nigeria
Last, Murray.
Africa, Vol. 78, No. 1, Winter 2008
Faith-Based Diplomacy: Trumping Realpolitik
Douglas Johnston.
Oxford University Press, 2003
Librarian’s tip: Discussion of sharia law begins on p. 193
Islamic Law in Iran: Can It Protect the International Legal Right of Freedom of Religion and Belief?
Cohen, Jennifer F.
Chicago Journal of International Law, Vol. 9, No. 1, Summer 2008
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