Shariah in the context of "Islamic criminal jurisprudence"

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⭐ Core Definition: Shariah

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.

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Shariah in the context of Tazkiyah

Tazkiyah (Arabic: تزكية) is an Arabic-Islamic term alluding to tazkiyat al-nafs, meaning 'sanctification' or 'purification of the self'. This refers to the process of transforming the nafs (carnal self or desires) from its state of self-centrality through various spiritual stages towards the level of purity and submission to the will of God. Its basis is in learning the shariah (Islamic religious law) and deeds from the known authentic sunnah (traditions and practices of the Islamic prophet Muhammad) and applying these to one's own life, resulting in spiritual awareness of God (being constantly aware of his presence, knowledge omniscience, along with being in constant remembrance or dhikr of him in thoughts and actions). Tazkiyah is considered the highest level of ihsan (religious social responsibility), one of the three dimensions of Islam. The person who purifies themself is called a zaki (Arabic: زكيّ).

Tazkiyah, along with the related concepts of tarbiyah (self-development) and ta'lim (training and education) does not limit itself to the conscious learning process. It is rather the task of giving form to the act of righteous living itself: treating every moment of life with remembering one's position in front of God.

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Shariah in the context of Murabaha

Murabaḥah, murabaḥa, or murâbaḥah (Arabic: مرابحة, derived from ribh Arabic: ربح, meaning profit) was originally a term of fiqh (Islamic jurisprudence) for a sales contract where the buyer and seller agree on the markup (profit) or "cost-plus" price for the item(s) being sold. In recent decades it has become a term for a very common form of Islamic (i.e., "shariah-compliant") financing, where the price is marked up in exchange for allowing the buyer to pay over time—for example with monthly payments (a contract with deferred payment being known as bai-muajjal). Murabaha financing is basically the same as a rent-to-own arrangement in the non-Muslim world, with the intermediary (e.g., the lending bank) retaining ownership of the item being sold until the loan is paid in full. There are also Islamic investment funds and sukuk (Islamic bonds) that use murabahah contracts.

The purpose of murabaha is to finance a purchase without involving interest payments, which most Muslims (particularly most scholars) consider riba (usury) and thus haram (forbidden). Murabaha has come to be "the most prevalent" or "default" type of Islamic finance.

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Shariah in the context of Islamic marital jurisprudence

In Islamic law (sharia), marriage (Arabic: نكاح, romanizednikāḥ) is a legal and social contract between a man and a woman. In the religion of Islam it is generally strongly recommended that adherents marry, and there are many hadith recommending marriage in general, but depending on the circumstances, Islamic holy law (sharia) may require, encourage, discourage or forbid a Muslim to marry.

A nikāḥ marriage has a number of requirements and restrictions under shariah.Amongst them are that a gift known as a mahr be given by the groom to the bride; that there be no coercion in the union but that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage; that there be two witnesses from each side to the signing or accepting of the contract; that the bride and groom not be of the same gender, not be brother and sister, mother or father, aunt or uncle, or other close relatives, but may be cousins, including first cousins; that the man not have more than four wives at any one time, and the woman more than one husband.

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Shariah in the context of Constitution of Brunei

The Constitution of Brunei, officially Constitution of the State of Brunei (Malay: Perlembagaan Negeri Brunei; Jawi: ڤرلمباݢاءن نڬري بروني), was created in 1959. Ultimate authority rests with the Sultan, who is both head of state and head of government. In 2004 the Sultan approved a number of amendments to the constitution, including provision for a partially elected Legislative Council. As of 31 December 2018, elections had not been held.

Brunei's political system is governed by the constitution and the national tradition of the Malay Islamic Monarchy (Melayu Islam Beraja; MIB). The three components of MIB cover Malay culture, Islamic religion, and the political framework under the monarchy. It has a legal system based on English common law, although Islamic law (shariah) supersedes this in some cases. Brunei has a parliament but there are no elections; the last election was held in 1962.

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