Thinking about where Islamic Law comes from, we have to distinguish between the scientific side, fiqh, and the religious side, the revealed texts. With God as the legislator, society has to incorporate the given rules into daily life. However they are not always clear, so frictions are attempted to be solved using the four sources of Islamic Law.
Hence, Islamic Law can not exist just as a fixed statute, which regulates rights and duties of Muslims. It is more a method to interpret what the law includes, influenced strongly by the opinions of different legal scholars. There exists therefore an uncertainty in what the law finally includes, because of disagreements between scholars, called ikhtilᾱf.
Inhaltsverzeichnis (Table of Contents)
- Where did Islamic Law come from?
- Revelation
- The Qur'an
- The Sunnah
- Fiqh
- Ijtihad
- Ijmā
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay explores the origins and development of Islamic Law, examining its sources and the diverse interpretations that have shaped its evolution. It delves into the relationship between religious texts, scholarly interpretations, and the practical application of Islamic Law in society. The essay aims to provide an understanding of the key concepts and methodologies that underpin Islamic jurisprudence.
- Sources of Islamic Law: The Qur'an, Sunnah, Ijmā, and Qiyās
- The Role of Scholarly Interpretation in Islamic Law
- The Development of Schools of Law and their Impact on Islamic Jurisprudence
- The Relationship between Islamic Law and Society
- The Importance of Consensus and Juristic Disagreements in Islamic Law
Zusammenfassung der Kapitel (Chapter Summaries)
The essay begins by introducing the concept of Islamic Law and its distinction between the scientific side (fiqh) and the religious side (Revelation). It then delves into the primary sources of Islamic Law: the Qur'an and the Sunnah, highlighting the unique characteristics and challenges associated with interpreting each. The essay further explores the development of fiqh, outlining the process of ijtihad and the rise of the four Sunnī schools of law. Finally, it examines the third source of Islamic Law, Ijmā, discussing its meaning, implementation, and the associated juristic disagreements.
Schlüsselwörter (Keywords)
Islamic Law, Qur'an, Sunnah, Fiqh, Ijtihad, Ijmā, Qiyās, Schools of Law, Madhhabs, Revelation, Juristic Disagreements, Interpretation, Society.
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- Peter Krause (Autor:in), 2014, The Sharia. Where did Islamic Law come from?, München, GRIN Verlag, https://www.hausarbeiten.de/document/416096
