Islamic law in the context of "Secularism"

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⭐ Core Definition: Islamic law

Sharia (/ʃəˈrə/; Arabic: شَرِيعَة, romanizedsharīʿah, 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.

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Islamic law in the context of Ottoman Empire

The Ottoman Empire, also known as the Turkish Empire, controlled much of Southeast Europe, West Asia, and North Africa from the 14th century to the early 20th century. It also controlled parts of southeastern Central Europe between the early 16th and early 18th centuries.

The empire emerged from a beylik, or principality, founded in northwestern Anatolia in c. 1299 by the Turkoman tribal leader Osman I. His successors conquered much of Anatolia and expanded into the Balkans by the mid-14th century, transforming their petty kingdom into a transcontinental empire. The Ottomans ended the Byzantine Empire with the conquest of Constantinople in 1453 by Mehmed II. With its capital at Constantinople and control over a significant portion of the Mediterranean Basin, the Ottoman Empire was at the centre of interactions between the Middle East and Europe for six centuries. Ruling over so many peoples, the empire granted varying levels of autonomy to its many confessional communities, or millets, to manage their own affairs per Islamic law. During the reigns of Selim I and Suleiman the Magnificent in the 16th century, the Ottoman Empire became a global power.

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Islamic law in the context of Averroes

Ibn Rushd (14 April 1126 – 11 December 1198), Latinized as Averroes, was an Andalusian polymath and jurist who was proficient in a variety of intellectual fields, including philosophy, theology, medicine, astronomy, physics, psychology, mathematics, neurology, Islamic jurisprudence and law, and linguistics. The author of more than 100 books and treatises, his philosophical works include numerous commentaries on Aristotle, for which he was known in the Western world as "The Commentator" and "Father of Rationalism".

Averroes was a strong proponent of Aristotelianism; he attempted to restore what he considered the original teachings of Aristotle and opposed the Neoplatonist tendencies of earlier Muslim thinkers, such as al-Farabi and Avicenna. He also defended the pursuit of philosophy against criticism by Ash'ari theologians such as Al-Ghazali. Averroes argued that philosophy was permissible in Islam and even compulsory among certain elites. He also argued scriptural text should be interpreted allegorically if it appeared to contradict conclusions reached by reason and philosophy. In Islamic jurisprudence, he wrote the Bidāyat al-Mujtahid on the differences between Islamic schools of law and the principles that caused their differences. In medicine, he proposed a new theory of stroke, described the signs and symptoms of Parkinson's disease for the first time, and might have been the first to identify the retina as the part of the eye responsible for sensing light. His medical book Al-Kulliyat fi al-Tibb, translated into Latin and known as the Colliget, became a textbook in Europe for centuries.

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Islamic law in the context of Ijtihad

Ijtihad (/ˌɪtəˈhɑːd/ 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.

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Islamic law in the context of Ottoman empire

The Ottoman Empire, also known as the Turkish Empire, controlled much of Southeast Europe, West Asia, and North Africa from the 14th century to the early 20th century. It also controlled parts of southeastern Central Europe between the early 16th and early 18th centuries.

The empire emerged from a beylik, or principality, founded in northwestern Anatolia in c. 1299 by the Turkoman tribal leader Osman I. His successors conquered much of Anatolia and had expanded into the Balkans by the mid-14th century, transforming their petty kingdom into a transcontinental empire. The Ottomans under Mehmed II brought to and end the Byzantine Empire with the conquest of Constantinople in 1453. Controlling a large part of the Mediterranean Basin, and with its capital at Constantinople, the Ottoman Empire was at the centre of interactions between the Middle East and Europe for six centuries. The empire ruled over a vast population and granted varying levels of autonomy to its many confessional communities, or millets, to manage their own affairs per Islamic law. The Ottoman Empire became a global power in the 16th century during the reign of Selim I and Suleiman the Magnificent.

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Islamic law in the context of Ijma

Ijma (Arabic: إجماع, romanizedijmāʿ, lit.'consensus', IPA: [ʔid͡ʒ.maːʕ]) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard it as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah.Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of Ijma (i.e., lack of consensus on a point of Islamic law) is called ikhtilaf.

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Islamic law in the context of Principles of Islamic jurisprudence

Principles of Islamic jurisprudence (Arabic: أصول الفقه, romanizedʾUṣūl al-Fiqh) are traditional methodological principles used in Islamic jurisprudence (fiqh) for deriving the rulings of Islamic law (sharia).

Traditional theory of Islamic jurisprudence elaborates how the scriptures (Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus (ijmaʿ) and analogical reasoning (qiyas). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools (madhahib). This interpretive apparatus is brought together under the rubric of ijtihad, which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question. The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason (ʿaql) as a source of law in place of qiyās and extension of the notions of hadith and sunnah to include traditions of the imams.

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Islamic law in the context of Mufti

A mufti (/ˈmʌfti/; Arabic: مفتي [muftiː], listen) is an Islamic jurist qualified to issue a nonbinding opinion (fatwa) on a point of Islamic law (sharia). The act of issuing fatwas is called iftāʾ. Muftis and their fatāwa have played an important role throughout Islamic history, taking on new roles in the modern era.

Tracing its origins to the Quran and early Islamic communities, the practice of ifta crystallized with the emergence of the traditional legal theory and schools of Islamic jurisprudence (madhahib). In the classical legal system, fatwas issued by muftis in response to private queries served to inform Muslim populations about Islam, advise courts on difficult points of Islamic law, and elaborate substantive law. In later times, muftis also issued public and political fatwas that took a stand on doctrinal controversies, legitimized government policies or articulated grievances of the population.

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Islamic law in the context of Glossaries

A glossary (from Ancient Greek: γλῶσσα, glossa; language, speech, wording), also known as a vocabulary or clavis, is an alphabetical list of terms in a particular domain of knowledge with the definitions for those terms. Traditionally, a glossary appears at the end of a book and includes terms within that book that are either newly introduced, uncommon, or specialized. While glossaries are most commonly associated with non-fiction books, in some cases, fiction novels sometimes include a glossary for unfamiliar terms.

A bilingual glossary is a list of terms in one language defined in a second language or glossed by synonyms (or at least near-synonyms) in another language.

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