1. The Idiom of Islamic Law
Hadith, Transmission
and
The Idiom of Islamic Law

2. The Great Question of Islamic Law…
How do we live as Muslims?
warning: this is not Friday’s question. Do not ingest this slide.

3. What is “Islamic Law”/Shariah?
Crime: theft, murder, slander…
Transactions: buying, selling, interest…
Family Law: marriage, divorce, inheritance
Warfare: treaties, civilians…
Ritual: how should I pray, do pilgrimage?
Pleasing God: what acts please or don’t please God?
Boundaries of Community: what makes you Muslim or not?

4. Judging Actions 2. Required (wajib): ex. five daily prayers
1. Recommended (mandub): ex.extra charity
0. Permitted (mubah): ex. wearing a blue dress instead of a green one
Disliked (makruh): not returning the greeting of another Muslim
Prohibited (haram): drinking alcohol, fornication

5. Types of Punishment
Most issues of Islamic law would never be in court! They are personal and optional. The rulings exist to provide Muslims with answers to any question.
Hadd Punishments: corporal and capital punishments for murder, fornication, drunkeness, slander, and theft. To be avoided!
Ta’zeer Punishments: non-severe corporal punishments (below 10 lashes), fines etc. Subject to discretion.

6. Tools for Manipulating and Applying Authority
Sources of Authority
God, His Prophet and the Authority that Muhammad bequeathed (depends on how you believe it should be inherited)… imams or ijma’(consensus)
Tools for Manipulating and Applying Authority
Analogy: includes a fortiori, reductio ad absurdam reasoning
Considering best interests; aims of the Shariah

7. How do we apply Quran and Sunna? The First two Centuries
Interpretation
Companions
Sunna
Principles applied in reasoning
Texts to be followed literally
Quran
Partisans of Hadith:
Quran
Reliable Hadith
Ruling of Companions
Weak hadith
analogy
‘Partisans of Reason’
Quran
Reliable hadith
Rulings of Companions
Best judgment

8. Al-Shaf’i’s Compromise
Sources of the Law:
Quran
Hadith: sunna as texts to be applied literally
Ijma’: consensus
Analogy: applying Quran and hadith to similar situations
 Rulings based on these can become consensus (ijma’)  100% compelling

9. Sunni Schools of Law
Hanafi: based on Abu Hanifa (d. 767) and his followers in Kufa, the official school of the Ottoman Empire, widespread in India
Maliki: based on the teachings of Malik b. Anas (d. 796) in Medina, the school of North African and Andalusia
Shafi’i: based on the teachings of al-Shafi’i (d. 820), found in Egypt, Southeast Asia, Yemen
Hanbali: based on the teachings of Ibn Hanbal (d. 855), found in great numbers only in Arabia (and Syria)

10. Case Study: The Hand of a Thief
Quranic Verse: ‘The thief, male or female, cut off their hand in retribution for what they have done, an exemplary punishment from God, for God is mighty and wise’ (Quran 5:38).
Hadith: ‘Do not cut off the hand of the thief for less than ¼ dinar’ ≈ $25
Companion Ruling: Umar suspended the punishment during famine (aims of the Shariah)

11. Case Study: The Hand of a Thief two
Madhhab Difference: Hanafis say no amputation for the theft of any food or substance that was licit to begin with, such as animals or vegetables
Mitigation: some argue that punishment for theft cannot be established without two confessions; it’s reported that Umar and Abu Darda’ would encourage the accused to deny the charge, then handle the problem privately.

12. Applying Islamic Law – Law and the State
Muslim rulers (caliphs or sultans/amirs) do not determine Shariah (but they could enact secular laws = qanun, and they provide law enforcement)
Shariah was determined by the ulama
Faqih (a jurist): develops law and legal theory (sometimes in an ivory tower)
Mufti: a jurisconsult, asked about rulings by people or courts
Qadi (judge): works for the state applying a school of law, rulings enforced by the police

13. Hadith: How do we know what’s true vs. forged?
Demand an isnad :
Who is in the isnad ?
Is there corroboration? Us H G A F
Hadith Canon: 6 collections of relied-upon hadiths, the most famous are…
Sahih al-Bukhari (d. 870)
Sahih Muslim (d. 875) B D C
Prophet: Be nice to your mother

14. Does this Method Work? Where does the burden of proof lie?
Muslim hadith critics had different priorities than we do: they cared about law and doctrine, not exegesis and history.
Maybe the Prophet really… prophesized?

15. Friday Question
Using ten ID’s from the ID lists (at least), answer this: what are the three biggest challenges that the Muslim community faced in the 250 years after the death of Muhammad?