Islamic criminal jurisprudence in the context of "Islamic law"

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.

Islamic family jurisprudence (Arabic: فقه الأسرة الإسلامية, faqah al'usrat al'iislamia) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It contains pubertal, marital, sexual, child upbringing, adoption and fostering, inheritance, criminal and other related subjects. The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries.

Sexuality in Islam, particularly Islamic jurisprudence of sex (Arabic: الفقه الجنسي) and Islamic jurisprudence of marriage (Arabic: فقه النكاح) are the codifications of Islamic scholarly perspectives and rulings on sexuality, which both in turn also contain components of Islamic family jurisprudence, Islamic marital jurisprudence, hygienical, criminal and bioethical jurisprudence, which contains a wide range of views and laws, which are largely predicated on the Quran, and the sayings attributed to Muhammad (hadith) and the rulings of religious leaders (fatwa) confining sexual intercourse to relationships between men and women.

All instructions regarding sex in Islam are considered parts of, firstly, Taqwa or obedience and secondly, Iman or faithfulness to God. Sensitivity to gender difference and modesty outside of marriage can be seen in current prominent aspects of Muslim cultures, such as interpretations of Islamic dress and degrees of gender segregation. Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny).

Qisas or Qiṣāṣ (Arabic: قِصَاص, romanized: Qiṣāṣ, lit. 'accountability, following up after, pursuing or prosecuting') is an Islamic term interpreted to mean "retaliation in kind", "eye for an eye", or retributive justice. Qisas (along with its alternative punishment blood money, aka Diyya, compensation paid by the offender, which is applied in cases where retaliation conditions are not met) is one of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being Hudud and Ta'zir.

According to James Lindgren it is standard wisdom among legal historians that collective responsibility in ancient law has given way to individual responsibility in modern law. In ancient societies, the person perpetrating a crime or the family or tribe to which they belonged was commonly punished following the principle, "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal."

Sharia 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, sharia refers to immutable, intangible divine law, in contrast to fiqh (Islamic jurisprudence), which refers to its interpretations by Islamic scholars through madhhab. 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 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.

ShariaListen 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, sharia refers to immutable, intangible divine law, in contrast to fiqh (Islamic jurisprudence), which refers to its interpretations by Islamic scholars through madhhab. 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 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.