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Implementing Islamic Law Seth Ward Sources and Precedents Quran: Basic source of Islamic law Revealed over 22 years. Earlier sections poetic, after 622.

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Presentation on theme: "Implementing Islamic Law Seth Ward Sources and Precedents Quran: Basic source of Islamic law Revealed over 22 years. Earlier sections poetic, after 622."— Presentation transcript:

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2 Implementing Islamic Law Seth Ward

3 Sources and Precedents Quran: Basic source of Islamic law Revealed over 22 years. Earlier sections poetic, after 622 more legal

4 Sources for Law Other sources: Traditional Arab practice Practices of Muhammad or other early Muslims Practice of Christians and Jews Decisions of early judges

5 Umayyad Abd al-Maliks reforms

6 Emergence of the Law Schools Abu Hanīfa (Iraq) d. 767 Malik b. Anas (Madina) d. 795 Al-Shāfiī (b. Gaza, d. Egypt) d. 819 – often credited with four principles of Islamic law Qurān Hadīth Qiyās (analogy) Ijmā (consensus) Ahmad ibn Hanbal (Baghdad) d. 855

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

8 Shia 12ers: The last imam disappeared in 874 Ambassadors 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.

9 Five categories (ahwal), Hadd, and Kings Required Wājib, fard (individual and community). sunna muāqada Commendable Mustahabb Allowed or Neutral Mubāh Reprehensible Makrūh Prohibited Harām Kings Law – al-ahkam al-sultaniyya. Law of Government Muhtasib Market Inspector HADD PUNISHMENTS – theft, fornication, false accusation of fornication

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

11 Distribution of madhahib (law schools)

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13 Ottoman and British India Reforms Ottoman Tanzimat , and Constitution of 1876, mecelle (mejelle). Anglo-Muhammadan Law in India

14 New Paths in Sharia Muhammad Abduh Sayyid Sabiq Fazlur Rahman Khaled Abou El Fadl: Puritans vs. Moderates, Engineers as experts. Iranian Revolution as a model Convergence of various extremists and puritans.

15 Some issues to discuss Financial – prohibition of riba Prisoner considerations Halal food and religious rights Ibadat – such as prayer, fasting, Religious Guidance Human and Civil Rights Cairo Declaration

16 Womens Status Sharia Debates in Britain, Australia and Canada Sharia courts: agents of sharia or of the State?

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18 Gallup summary The 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. contrasting-views-sharia.aspx contrasting-views-sharia.aspx

19 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 1 st amendment Religious Civil Rightsincluding the free exercise and no establishment clauses.

20 Implementing Islamic Law Today We 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;

21 Implementing Islamic Law and issues of national, political and individual identity surrounding the implementation of Sharia. Thank you


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