Main articles: Sharia and Fiqh
The Sharia (literally: "the path leading to the watering place") is Islamic law formed by traditional Islamic scholarship, which most Muslim groups adhere to. In Islam, Sharia is the expression of the divine will, and "constitutes a system of duties that are incumbent upon a Muslim by virtue of his religious belief".[62]
Islamic law covers all aspects of life, from matters of state, like governance and foreign relations, to issues of daily living. The Qur'an defines hudud as the punishments for five specific crimes: unlawful intercourse, false accusation of unlawful intercourse, consumption of alcohol, theft, and highway robbery. The Qur'an and Sunnah also contain laws of inheritance, marriage, and restitution for injuries and murder, as well as rules for fasting, charity, and prayer. However, these prescriptions and prohibitions may be broad, so their application in practice varies. Islamic scholars (known as ulema) have elaborated systems of law on the basis of these rules and their interpretations.[63]
Fiqh, or "jurisprudence", is defined as the knowledge of the practical rules of the religion. The method Islamic jurists use to derive rulings is known as usul al-fiqh ("legal theory", or "principles of jurisprudence"). According to Islamic legal theory, law has four fundamental roots, which are given precedence in this order: the Qur'an, the Sunnah (actions and sayings of Muhammad), the consensus of the Muslim jurists (ijma), and analogical reasoning (qiyas). For early Islamic jurists, theory was less important than pragmatic application of the law. In the 9th century, the jurist ash-Shafi'i provided a theoretical basis for Islamic law by codifying the principles of jurisprudence (including the four fundamental roots) in his book ar-Risālah.[64]
Islamic law covers all aspects of life, from matters of state, like governance and foreign relations, to issues of daily living. The Qur'an defines hudud as the punishments for five specific crimes: unlawful intercourse, false accusation of unlawful intercourse, consumption of alcohol, theft, and highway robbery. The Qur'an and Sunnah also contain laws of inheritance, marriage, and restitution for injuries and murder, as well as rules for fasting, charity, and prayer. However, these prescriptions and prohibitions may be broad, so their application in practice varies. Islamic scholars (known as ulema) have elaborated systems of law on the basis of these rules and their interpretations.[63]
Fiqh, or "jurisprudence", is defined as the knowledge of the practical rules of the religion. The method Islamic jurists use to derive rulings is known as usul al-fiqh ("legal theory", or "principles of jurisprudence"). According to Islamic legal theory, law has four fundamental roots, which are given precedence in this order: the Qur'an, the Sunnah (actions and sayings of Muhammad), the consensus of the Muslim jurists (ijma), and analogical reasoning (qiyas). For early Islamic jurists, theory was less important than pragmatic application of the law. In the 9th century, the jurist ash-Shafi'i provided a theoretical basis for Islamic law by codifying the principles of jurisprudence (including the four fundamental roots) in his book ar-Risālah.[64]
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