Fiqh in the context of "Early Islamic philosophy"

Islam is by far the most practiced religion in Turkey. Most Turkish people are Sunni Muslims, and most of them belong to the Hanafi school of jurisprudence. Smaller numbers belonging to the Alevi, Ja'fari and Alawite minorities. The established presence of Islam in the region that now constitutes modern Turkey dates back to the later half of the 11th century, when the Seljuks started expanding into eastern Anatolia.

While official records indicate the population of Turkey to be 99.8% Muslim, most surveys estimate the percentage to be around 85 to 95%. The Hanafi school of fiqh (maddhab) of Sunni Islam makes up about 90% of the Muslim population, with the remaining Muslim sects consisting of Alevis (close to 10%), Ja'faris (representing 1%) and Alawites (with an estimated population of around 500,000 to 1 million, or about 1%). With a sizeable part of population being Cultural Muslims, there is also a minority of Sufi and non-denominational Muslims.

Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr (r. 632–634) rightfully succeeded him as the caliph of the Muslim community, being appointed at the meeting of Saqifa. This contrasts with the Shia view, which holds that Muhammad appointed Ali ibn Abi Talib (r. 656–661) as his successor. Nevertheless, Sunnis revere Ali, along with Abu Bakr, Umar (r. 634–644) and Uthman (r. 644–656) as 'rightly-guided caliphs'.

The term Sunni means those who observe the sunna, the practices of Muhammad. The Quran, together with hadith (especially the Six Books) and ijma (scholarly consensus), form the basis of all traditional jurisprudence within Sunni Islam. Sharia legal rulings are derived from these basic sources, in conjunction with consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the four legal schools: Hanafi, Hanbali, Maliki and Shafi'i.

Sharia (/ʃəˈriːə/; Arabic: شَرِيعَة, romanized: sharīʿah, lit. 'path [to water]', IPA: [ʃaˈriːʕa]), also transliterated as Sharī'ah, Shari'a, or Shariah, is a body of religious law that form the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law, in contrast to fiqh (Islamic jurisprudence), which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; it has been elaborated and developed over the centuries by legal opinions issued by qualified jurists – reflecting the tendencies of different schools – and integrated with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies.

Traditional theory of Islamic jurisprudence recognizes four sources for al-sharia: the Qur'an, sunnah (or authentic ahadith), ijma (lit. consensus) (may be understood as ijma al-ummah (Arabic: إجماع الأمة) – a whole Islamic community consensus, or ijma al-aimmah (Arabic: إجماع الائـمـة) – a consensus by religious authorities), and analogical reasoning. It distinguishes two principal branches of law, rituals (Ibadah) and social dealings (Muamalat); subsections family law, relationships (commercial, political / administrative) and criminal law, in a wide range of topics assigning actions – capable of settling into different categories according to different understandings – to categories (ahkam) mainly as: mandatory, recommended, neutral, abhorred, and prohibited. Beyond legal norms, Sharia also enters many areas that are considered private practises today, such as belief, worshipping, ethics, clothing and lifestyle, and gives to those in command duties to intervene and regulate them.

Ijtihad (/ˌɪdʒtəˈhɑːd/ IJ-tə-HAHD; Arabic: اجتهاد ijtihād [ʔidʒ.tihaːd], lit. 'physical effort' or 'mental effort') is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh), and is not employed where authentic and authoritative texts (Qur'an and hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called a "mujtahid".

For the first five centuries of Islam, the practice of ijtihad continued in theory and practice among Sunni Muslims. It then first became subject to dispute in the 12th century. By the 14th century, development of classic Islamic jurisprudence or fiqh prompted leading Sunni jurists to state that the main legal questions in Islam had been addressed, and to call for the scope of ijtihad to be restricted. In the modern era, this gave rise to a perception amongst Orientalist scholars and sections of the Muslim public that the so-called "gate of ijtihad" was closed at the start of the classical era. While recent scholarship established that the practice of Ijtihad had never ceased in Islamic history, the extent and mechanisms of legal change in the post-formative period remain a subject of debate. Differences amongst the Fuqaha (jurists) prevented Sunni Muslims from reaching any consensus (Ijma) on the issues of continuity of Ijtihad and existence of Mujtahids. Thus, Ijtihad remained a key aspect of Islamic jurisprudence throughout the centuries. Ijtihad was practiced throughout the Early modern period and claims for ijtihad and its superiority over taqlid were voiced unremittingly.

The most widely professed religion in Bosnia and Herzegovina is Islam and the second biggest religion is Christianity. Nearly all the Muslims of Bosnia are followers of the Sunni denomination of Islam; the majority of Sunnis follow the Hanafi legal school of thought (fiqh) and Maturidi theological school of thought (kalām). Bosniaks are generally associated with Islam, Croats of Bosnia and Herzegovina with the Catholic Church, and Bosnian Serbs with the Serbian Orthodox Church. The State Constitution of Bosnia and Herzegovina (BiH) and the entity Constitutions of the Federation of Bosnia and Herzegovina and the Republika Srpska provide for freedom of religion, and the Government generally respects this right in ethnically integrated areas or in areas where government officials are of the majority religion; the state-level Law on Religious Freedom also provides comprehensive rights to religious communities. However, local authorities sometimes restricted the right to worship of adherents of religious groups in areas where such persons are in the minority.

Government protection of religious freedom declined, especially during the campaign period prior to the October 2006 national elections, due to selective legal enforcement and the indifference of some government officials. At the end of the period covered by this report, the Government was implementing the State Law on Religious Freedom to protect the rights of religious communities and create a government registry allowing them to establish legal status.