implementing islamic law

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Implementing Islamic Law. Seth Ward. Sources and Precedents. Qur’an: Basic source of Islamic law Revealed over 22 years. Earlier sections poetic, after 622 more legal. Sources for Law. Other sources: Traditional Arab practice Practices of Muhammad or other early Muslims - PowerPoint PPT Presentation


  • Implementing Islamic LawSeth Ward

  • Sources and PrecedentsQuran: Basic source of Islamic lawRevealed over 22 years. Earlier sections poetic, after 622 more legal

  • Sources for LawOther sources:Traditional Arab practicePractices of Muhammad or other early MuslimsPractice of Christians and JewsDecisions of early judges

  • UmayyadAbd al-Maliks reforms

  • Emergence of the Law SchoolsAbu Hanfa (Iraq) d. 767Malik b. Anas (Madina) d. 795Al-Shfi (b. Gaza, d. Egypt) d. 819 often credited with four principles of Islamic lawQurnHadth Qiys (analogy)Ijm (consensus)Ahmad ibn Hanbal (Baghdad) d. 855

  • Hadith CollectionsAl-Bukhr (d. 870) and Muslim b. al-Hajjaj (875): The Sahihayn Four other sunni books (sunan): Abu Dawud, al-Tirmidhi, al-NasaI and Ibn Majah.

  • Shia12ers: The last imam disappeared in 874Ambassadors until 941.By this time there were collections of Shia hadith notably by al-Kulayni d. 941 Principles: Quran, Hadith of Muhammad, traditions of Imams, Aql or mantiq.Other collections by Ibn Babawayh and al-Tusi.

  • Five categories (ahwal), Hadd, and KingsRequired Wjib, fard (individual and community). sunna muqadaCommendable MustahabbAllowed or Neutral MubhReprehensible MakrhProhibited Harm

    Kings Law al-ahkam al-sultaniyya. Law of Government Muhtasib Market Inspector HADD PUNISHMENTS theft, fornication, false accusation of fornication

  • Modern Times Various regions came to be dominated by one schoolHanafi Lawpreferred by Ottomans, and by Mughals and the British in India.ShafiiEgypt and parts of the Middle East until Ottoman times; Southeast AsiaMalikiWest Africa.Hanbalipreferred school of Saudi Arabia and Wahhabi movementJafari (12-er Shia)imposed by Safavids

  • Distribution of madhahib (law schools)

  • Ottoman and British India ReformsOttoman Tanzimat 1839-1859, and Constitution of 1876, mecelle (mejelle).

    Anglo-Muhammadan Law in India

  • New Paths in ShariaMuhammad AbduhSayyid SabiqFazlur RahmanKhaled Abou El Fadl: Puritans vs. Moderates, Engineers as experts. Iranian Revolution as a modelConvergence of various extremists and puritans.

  • Some issues to discussFinancial prohibition of ribaPrisoner considerationsHalal food and religious rightsIbadat such as prayer, fasting, Religious GuidanceHuman and Civil RightsCairo Declaration

  • Womens Status

    Sharia Debates in Britain, Australia and CanadaSharia courts: agents of sharia or of the State?

  • Gallup summaryThe significance of religion provides important context to understand the influence of Sharia in all three countries. In Iran, 73% of men and 78% of women say religion plays an important role in their lives, in Egypt, virtually all men (98%) and women (99%) say the same. But even in staunchly secular Turkey, religion looms large for most individuals. Seventy-four percent of Turkish men and 72% of Turkish women tell Gallup that religion plays an important role in their lives. For many Muslims, the combination of the importance of religion and the divine foundations of Islamic religious law give Sharia legitimacy to provide checks and balances on a government's powers. Overall, the poll findings show that within each country, men and women hold similar views about Sharia. Iranians, Egyptians, and even many Turks believe religion and government can be integrated.

  • What role can U.S. legal scholars play?Noah Feldmans Fall and Rise of Sharia

    I certainly am not arguing that American society should welcome Sharia courts, or that we should fear them.

    In the US, those who wish to follow Sharia should be able to do so within the rights and limitations of our 1st amendment Religious Civil Rightsincluding the free exercise and no establishment clauses.

  • Implementing Islamic Law TodayWe should be aware of the complexities of the issues raised, with ample opportunities for open, informed discussion. In approaching these issues, whether in traditionally Islamic countries, in the US or elsewhere, we should be aware of: The history and complexity of the discourse about law and its meanings for Muslims; Human rights (including rights to freedom of belief, practice, and spiritual guidance); Discussion about what to do when Muslims implement Sharia in ways inconsistent with human rightsor interpret Sharia in ways that are themselves un-Islamic;

  • Implementing Islamic Lawand issues of national, political and individual identity surrounding the implementation of Sharia.

    Thank you