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Shariah Jan Igor T.

Galinato Teehankee 1st year

1.Define the following a)Shariah >a divine system of law >is that which God has promulgated through his Prophet >literally, the road to a watering place, a clean path to be followed >as a technical term, it means the canon law of Islam >basically, it means a divine system of law in its sources and primary rules

b)fiqhi >literally understanding or knowledge >technically, knowledge of Islamic Law (sharia) >the science of jurisprudence

c)Islam >literally submission to the will of God. >the religious faith of Muslims including belief in Allah as the sole deity and in Muhammad as his prophet

d)Qiyas >analogical reasoning >methodical reasoning

e)Ijmah >unanimous/collective decision of Muslim jurists >requirement: there must be a particular basisQuran or Hadith

f)Muslim >literally one who submits to God >an adherent of Islam

2)Enumerate and explain the primary and secondary sources of Islamic law A)4 primary sources of Islam 1.Quran >the book composed of sacred writing made to Muhammad by Allah through the angel Gabriel

2.hadith/sunna >traditions of the prophet >sunna: a way or rule on manner or example of acting, or mode of life/ indicates the doing >Hadith: is a saying conveyed to man either through hearing or through revelation/ the saying of the Holy Prophet >both cover the same ground and are applicable to his actions, practices and saying, Hadith being the narration record of Sunna but containing in addition the various prophetical and historical elements

3.Ijmah >collective or unanimous decisions of Muslim jurists provided that there must be a particular basis from Quran or Hadith

4. Qiyas >analogical or methodical reasoning

B)Secondary sources of Islam 1.Ijtihad >independent reasoning >the attitude of mind which determines the method of utilizing the sources >the endeavor of a Moslem scholar to derive a rule of determine a rule of divine law from the Koran and hadith without relying on the views of other scholars >it is an activity, a struggle, or a process to discover, or a process to discover the law from the texts and to apply it to the set of facts awaiting decision. >sources: Quran, traditions, Ijmah >the capacity for making deductions, the exercise of ones judgment in matters of law to which no express direction in the Quran or hadith, or a rule already determined by Ijmah is applicable in order to arrive at a decision >ex: Quran God has permitted trade and forbidden riba (interest or usury) but is vague as to the meaning of riba which requires interpretation

2.Taqlid >blind imitation of previous authorities, on decision reached by earlier scholars, rather than, exerting ones effort to arrive at a rule by means of Ijtihad (analytical deduction) >sources: if they had only referred it to the apostle, or to those charged with the authority among them, the proper investigators would have tested it from them.

3)Periods of devt of Islamic law and significance 1.First period (year 12 before Hijra to 10 after Hijra (610 AD-632 AD) during lifetime of Muhammad)(period of divine legislation) >God chose Muhammad (at 40 yo) to be his messenger (rasul allah) and prophet (nabi) through:

-inspiration (wahi) -through a messenger (jebreel) -behind a veil

a)Meccan period -Muhammad (nabi: prophet of God) (with inspiration) (not necessarily a messenger/apostle) -start of Islam publication and ministry of Muhammad b)Hijra (Hegira) period >Muhammad was invited to preach at Yathrib or Medina (expansion of Islam and Muslim law) >rasul (apostle of God to convey his message to humanity) (with inspiration + Shariah [divine law]) (also a prophet) >5 pillars of Islam

2)Second period (10 AH-40AH [632-661 AD]) (period of 4 rightly guided calips) >caliph: successor/monarch/ruler

a.1st caliph (Abu Bakr al siddig Ibn Uthmann)( 632-634 AD) -called by Muhammad: Abdullah/A-Saddig (faithful) -atiq (first prophet) -compilation of the Quran (secretary of prophet: zayd Ibn Thabit) -1st to establish prisons for malefactors -used: quran, hadith, ijma

b.2nd caliph (Uman Ibn Al-Khattab) (634-649 AD)

-preserved the original athletic copy of the Quran compile during the period of 1st caliph -expanded muslim territory >used: quran, hadith, ijma (consensus) -qiyas (analogical reasoning)(established here) -abolished Hijra calendar -increased status of women

c.3rd caliph (Uthman al-nurayn Ibn Affan) -Dhu Al-Nurayn (possessor of 2 lights) (married 2 of prophets daughter after death of 1st) -writing down of the Quran based in last revision (4 copies)/ all the others are burnedcreated a standardized Quran sample

d.4th caliph (Ali Ibn Abu Talib) -cousin of Muhammad -expand Muslim territory -arranged Quran by revelation/wrote commentary on Quran -defined powers and jurisdiction of Qadis (judges)

3)Third Period (41 AH-132 AH)(661 AD-750AD) (the period of Umaiyad Caliphate) >transferred the seat of Islamic authority to Damascus (in Syria) >caliphs not generally noted for their knowledge of sacred laws, except Uman Ibn Abdiz-Aziz (wrote to 4 corners of Muslim empire to report genuine traditions for the prophet) >decided cases according to personal opinions (Ray) (ordinarily known as Qiyas)

>distribution of fiqh >formation of several political factions: -Shias kharijites -Mutazila -Sunnis

4)Fourth Period >Period of Abbasides caliphate (132-350AH)(750AD-961 AD) the period of the founders of the 4 sunni schools of muslim laws ( madhahib) >leader: abbas b abdul matalib >increased study of jurisprudence >4 sunni schools: *sunniyan (traditionalists) *hanafi hadhab (fiqh, qiyas, istihsan [juristic inquiry]) *maliki madhab (ray or personal reasoning) *shafi madhab (accepted istidlal or inference), rejected hanafi schools, istihsan (juristic equity) >no al-masali al-mursalah (public interest) >hanbali madhab (aversion to ray)(personal opinion) (adherence to Quran and traditions) >political difference: -Shia (leadership: son-in-law of Muhammad (ali ibn talib)) -Sunni (no basis in Islam for hereditary privileged class of spiritual leaders/leadership not a birthright but a trust earned and taken away by the people)

5)Fifth period (351 AH-962 AH) >the fall of Baghdad in 656 AH or 1358 AD

>the period of the Mustawjihun jurists >schools of Muslim law were developed into separate and independent schools

6)sixth period >656AH-1258 AD to abolition of caliphate in 1922, period of mugallidun jurists >jurists: muqallidah (one who adhere to a particular school of thought) >denial of Ijtihad independent reasoning (unquestioning acceptance of the doctrine of the established schools and authorities (taqlid) >denies independent judgment

7)seventh period >begun in 1922 after abolition of the caliphate and sultanate of Turkey in 1924, and which is not yet deemed to have come to an end >period of commentaries and annotators >great inroads were made by Sharia in most of the Muslim countries >modernization >ex: -Turkey/other muslim countriessharia has been totally abandoned and has been replaced by a codified secular law >even development in the field of family law and personal status

4)Enumerate and explain the classification of human acts as grouped by the Muslim jurists >according to its religious nature or effect or Islamic legal rule >sharia: value or hukm sharai:

Sharai value or hukm sharia a)mandatory (taklifi) rules -requires certain action and provides a choice whether to do it or not 1. obligatory (fard) -ex: prayer (fardu kiyafa: collective obligation) (fardu ayin: individual obligation)

2.forbidden (haram) -ex: eating swine

3.commendable (mandub) -required -if not do it, not censured -ex: pilgrimage to mecca

4.improper, disapproved, or condemned (makru) -requires not to be done, censured if you do it (ex: fornication and usury)

5. permissible (mubah) -may or may not follow without fear of being censured -ex: sunnat (prayers)