Shariah Law - Process of Development

A mindmap looking at the different componants that make up how Islamic Law was decided

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  • Created by: JMitch
  • Created on: 30-05-13 11:49
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  • How is the Shar'ah Law developed?
    • Sunnah
      • Sira - Actions of Muhammad
      • Hadiths - sayings of Muhammad
        • Sahih - Sound Hadiths which fits into orthodox belief with complete Insad (Chain of communication)
        • Hasan - Good Hadiths - may be missing one or two authorities
        • Dai'if - weak Hadiths - Incomplete insad and with contents that is questionable
          • Only for personal use, not for legal decisions
        • Shi'a Muslims only accept Hadiths with an Insad through Ali
          • Shi'as also accept the Hadiths of Ali
      • 'The Sunnah and Hadiths were vital when considering the Shari'ah in the 9th Century' (Radio 4)
    • Qur'an
      • 'Embodies the Word of Allah' (Mawdudi)
      • Holds ultimate authority for Muslims
      • God can't directly communicate with us - 'We sent inspiration to thee ... (the Qur'an doth) guide you to the straight way' (Sura 42:51)
      • Sunnis believe it is eternal and there is a copy in Heaven (Bayt-al-Izza)
      • Tsafirs (Commentaries) provide context to the revelation
      • Should only be read in arabic to avoid mistakes
    • Ijma
      • Consensus of the comunity
      • Involves looking at what happened in the first Ummah of Medina
      • Could also include looking at any precedents
    • Qiyas
      • Legal analogy used when there are no direct sources on a particular issue to look at similarities
      • Very important with modern technology and developments
    • Law Schools
      • The process of discovering the Shrai'ah (Fiqh) was codified by the 9th Century into 4 Law schools
      • Hanafiyya
      • Malakiyya
      • Shafiyya
      • Hanbaliyya
        • Main school in Saudi Arabia - preaches literal injunctions of the Sharaih
          • Connected to Wahabism and Fundamentalist Islam
      • 'Different Schools of Law have more in common than in dispute' (Sandy)
      • Modern Day Issues are looked at and considered by the Law Schools who make decisions for Muslims
        • Decisions are known as Fatwas
    • Ijtihad
      • Sunnis believe this is generally closed following the dispensation to the Law Schools and from the 10th Century
      • AL Ghazali was believed to be the closure of the door of Ijtihad - he had memorised 300,000 Hadiths - No one has the authority to take part in it effectivey
      • Independent decisions based on your own legal analysis of the sources
      • Shias believe that Ijtihad is still open because the Qur'an is not final
        • Imams could interpret the Qur'an but because they are not accessable Shia scholars and leaders have a duty to discover Allahs laws instead
      • Would help in Modern Day Islam - Also in west - for example it could be said to be ijtihad whether you wear a headscarf or not


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