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Institutes of Islamic Law

Vt isler Charles University in Prague vsisler [at] gmail.com


http://uisk.jinonice.cuni.cz/sisler

Introduction to Islamic Law Institutes of Islamic Law Fiqh Islamic Jurisprudence


Qadi state appointed judge Mufti private Islamic Scholar

Dispensing legal opinions Ifta


Mufti, Mustafti Fatwa An answer to a real or hypothetical inquiry which reflects a legal conviction of an individual scholar, based mainly on older rulings and/or his own interpretation of the religious texts. As such it is not legally binding, but the individual petitioner is advised to follow it. The persuasive power of the respective fatwa is thus based mainly on the authority of the scholar (mufti) who issued it.

Introduction to Islamic Law Institutes of Islamic Law


Islamic Law is to a great extent private-made normative system. Faqih, fuqaha (pl.)

The Four Main Schools of Sunni Islamic Law


Shafi'i (Indonesia and Malaysia) Hanafi (Turkey, the Balkans, Central Asia, Indian subcontinent, Egypt, China) Maliki (North Africa, West Africa and several of the Arab Gulf states) Hanbali (Arabia)

The Main Other Branches of Islam


Shi`a

Sufism

Introduction to Islamic Law Institutes of Islamic Law Legal Qualification of Persons (Classical Law)
Free
Slave Muslim Non-Muslim Man Woman

Mature (baligh), Sane (aqil), Blameless (adl), etc.

Introduction to Islamic Law Institutes of Islamic Law Legal classification of Human Behaviour
fard, wajib duties sunna, mustahabb, mandub recommended mubah indifferent makruh disliked, offensive haram forbidden

Classification of Legal Acts sahih, nafidh - valid


makruh formally valid but unfair or wrong fasid formally void, could be corrected batil null and void

Introduction to Islamic Law Institutes of Islamic Law Ahwal ash-shakhsiya (Personal Status)
Family Law, Matrimonial Law, Heritage The most stable and non-changeable norms in Islamic societies.

Marriage contract
wali man protector, guardian mahr dowry talaq divorce (makruh)

Polygamy

Heritage

Introduction to Islamic Law Institutes of Islamic Law Penal Law


hadd, hudud crimes mentioned in Qur`an, prescribed punishment taazir crimes and punishments defined by judge

Hudud defined in Qur`an


zina adultery qadhf false accusation of adultery drunkenness theft robbery

ridda apostasy in Islam murder

Introduction to Islamic Law Institutes of Islamic Law Food prescriptions

Alcoholic beverages

Riba` - Usury
Islamic Banking muchatara mudaraba

Introduction to Islamic Law Institutes of Islamic Law International Law


Traditional dichotomy Dar al-Islam (The House of Islam) Dar al-Harb (The House of War)

New geopolitical proposals


Dar as-Sulh (The House of Peace) Dar ad-Da`wa (The House of Invitation)