Understanding Islamic Legal System, Shariah

*What is Shariah?*
*Shariah* means "the path" or "way" in Arabic and refers to the divine law in Islam derived from the Qur'an and Sunnah. It is not limited to legal rulings but encompasses all aspects of life, including worship, morality, social justice, governance, and personal conduct. The overarching goals of Shariah, known as **Maqasid al-Shariah**, are to promote the welfare (Maslahah) of humanity and protect essential needs:
1. *Faith (Deen)*
2. *Life (Nafs)*
3. *Intellect (‘Aql)*
4. *Lineage (Nasl)*
5. *Property (Mal)*

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*Principles of Shariah: Sources and Foundations*

Shariah is built upon *primary sources* (Qur'an and Sunnah) and *secondary sources* (Ijma, Qiyas, and others), which ensure its adaptability.

*1. Primary Sources*
#### *The Qur'an*
The Qur'an provides explicit legal rulings and general principles guiding human behavior.
**Example of Clear Command**:
The prohibition of interest (*Riba*) in *Surah Al-Baqarah (2:275)*:
"Allah has permitted trade and forbidden usury."
**Example of General Principle**:
Equity and fairness in transactions (*Surah Al-Mutaffifin, 83:1-3*):
"Woe to those who give less [than due]..."

#### *The Sunnah*
The sayings, actions, and approvals of Prophet Muhammad (PBUH) clarify Qur'anic rulings and provide detailed guidance.
**Example**: The Prophet’s prohibition of selling goods before acquiring possession reinforces fairness in trade.

*2. Secondary Sources*
#### *Ijma (Consensus of Scholars)*
Collective agreement among scholars ensures the unity of interpretation.
**Example**: The acceptance of performing Salah in congregation as obligatory for men.

#### *Qiyas (Analogical Reasoning)*
Rulings are derived by comparing new situations with established principles.
**Example**: The prohibition of narcotics, by analogy to alcohol, based on their shared intoxicating effects.

#### *Other Principles*
**Maslahah (Public Interest)**: Decisions to maximize welfare.
Example: Establishing traffic laws for safety.
**Istihsan (Juristic Preference)**: Choosing the most beneficial ruling in ambiguous cases.
Example: Allowing delayed payment in business contracts for mutual convenience.

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*Characteristics of Shariah: Comprehensiveness and Flexibility*

*Comprehensiveness*
Shariah covers every sphere of life, from individual responsibilities to state governance.
#### **Spiritual**:
Prescribes acts of worship (e.g., Salah, Sawm).
#### **Moral**:
Encourages honesty, kindness, and justice.
Example: Prohibition of backbiting in *Surah Al-Hujurat (49:12)*.
#### **Legal**:
Regulates marriage, inheritance, contracts, and crimes.

*Flexibility*
#### **Role of Ijtihad**:
Independent reasoning allows scholars to adapt rulings to new contexts.
Example: The creation of Islamic banking to address modern financial systems while adhering to the prohibition of riba.
#### **Case Study of Flexibility**:
Inheritance laws (*Surah An-Nisa, 4:11-12*): Specific shares are allocated, but scholars use Ijtihad for complex scenarios like blended families.

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*Pillars of Shariah: Acts of Worship and Social Transactions*

*1. Acts of Worship (Ibadat)*
These are central to a Muslim's relationship with Allah:
**Salah**: Obligatory prayers maintain spiritual discipline (*Surah Al-Baqarah, 2:238*).
**Zakah**: A financial obligation to purify wealth and support the needy (*Surah At-Tawbah, 9:60*).
**Sawm**: Fasting during Ramadan fosters self-control and empathy for the poor (*Surah Al-Baqarah, 2:183*).
**Hajj**: A pilgrimage to Mecca, fostering unity among Muslims globally.

*2. Social Transactions (Mu'amalat)*
Shariah regulates human interactions to ensure fairness and mutual benefit:
#### **Marriage and Divorce**:
Marriage is a contract with mutual rights and responsibilities.
Example: Mahr (dower) is a mandatory gift from the groom to the bride (*Surah An-Nisa, 4:4*).
Divorce involves steps to reconcile before separation (*Surah Al-Baqarah, 2:229*).
#### **Contracts and Business**:
Ethical conduct is mandatory.
Example: Fraudulent transactions are condemned (*Surah Al-Mutaffifin, 83:1-3*).

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*Shariah's Approach to Personal, Family, and Community Life*

*Personal Life*
Emphasizes accountability to Allah.
Example: Dietary laws prohibit pork and alcohol (*Surah Al-Baqarah, 2:173*).

*Family Life*
Balances rights and duties among family members:
**Parents**: "Be kind to parents..." (*Surah Al-Isra, 17:23*).
**Children**: Equal treatment and inheritance rights (*Surah An-Nisa, 4:11*).

*Community Life*
Encourages justice and social solidarity:
Example: Zakah funds are used for welfare, reducing poverty (*Surah At-Tawbah, 9:60*).

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