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Literature, Scientific

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Sharia, Sharī'ah, Shari'a, Shariah or Syariah (Arabic: شريعة, lit. 'path (to water)') is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law; contrary to fiqh, 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; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists -reflecting the tendencies of different schools- and integrated and 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 Ahkam 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 and social dealings; 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 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. Over time with the necessities brought by sociological changes, on the basis of interpretative studies legal schools have emerged, reflecting the preferences of particular societies and governments, as well as Islamic scholars or imams on theoretical and practical applications of laws and regulations. Legal schools of Sunni Islam — Hanafi, Maliki, Shafiʽi and Hanbali etc.— developed methodologies for deriving rulings from scriptural sources using a process known as ijtihad, a concept adopted by Shiism in much later periods meaning mental effort which broke away politically from mainstream Islamic thought in an early period according to tradition. Although Sharia is presented in addition to its other aspects by the contemporary Islamist understanding, as a form of governance some researchers approaches traditional sīrah narratives with skepticism, and early history of Islam, (which has been modelled and exalted by most Muslims) seeing it not as a period when Sharia was dominant, but a kind of "secular Arabic expansion" and they dated the formation of Islamic identity to a much later period. Approaches to Sharia in the 21st century vary widely, and the role and mutability of Sharia in a changing world has become an increasingly debated topic in Islam. Beyond sectarian differences, fundamentalists advocate the complete and uncompromising implementation of "exact/pure sharia" without modifications, while modernists argue that it can/should be brought into line with human rights and other contemporary issues such as democracy, minority rights, freedom of thought, women's rights and banking by new jurisprudences. In Muslim majority countries, traditional laws have been widely used with or changed by European models. Judicial procedures and legal education have been brought in line with European practice likewise. While the constitutions of most Muslim-majority states contain references to Sharia, its rules are largely retained only in family law and penalties in some. The Islamic revival of the late 20th century brought calls by Islamic movements for full implementation of Sharia, including hudud corporal punishments, such as stoning through various propaganda methods ranging from civilian activities to terrorism. ..More on Wikipedia

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Aswan University

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