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Sharia Law

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fool4JC View Drop Down
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    Posted: 23 August 2010 at 9:26am
What are the documentary sources of Sharia Law?
 
Where can they be found?  Are they published?
 
Who are the contemporary authentic and/or authoritative interpreters of Sharia Law as found in its documentary sources?


Edited by fool4JC - 23 August 2010 at 9:27am
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Hayfa View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hayfa Quote  Post ReplyReply Direct Link To This Post Posted: 23 August 2010 at 11:23am
Welcome,

I do not have the sources but do you speak / read Arabic? 

I am sure others will be giving you more info,...
When you do things from your soul, you feel a river moving in you, a joy. Rumi
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fool4JC View Drop Down
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Sadly, I have no knowledge of Arabic.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote abuayisha Quote  Post ReplyReply Direct Link To This Post Posted: 23 August 2010 at 12:36pm
The sources of sharia are Quran and Sunnah.  Books of sunnah are;
Bukhari, Muslim, Nasai, Abu Dawood, Tirmidhi and Ibn Majah.
 
Books of Fiqh are: Shafi, Hanifi, Maliki and Hanifi.  The major scholars of fiqh now living are many.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote fool4JC Quote  Post ReplyReply Direct Link To This Post Posted: 23 August 2010 at 12:54pm
Originally posted by abuayisha abuayisha wrote:

The sources of sharia are Quran and Sunnah.  Books of sunnah are;
Bukhari, Muslim, Nasai, Abu Dawood, Tirmidhi and Ibn Majah.
 
Books of Fiqh are: Shafi, Hanifi, Maliki and Hanifi.  The major scholars of fiqh now living are many.
Thank you.
 
If I am not mistaken, the Sunnah are the practices of the Prophet recorded in writing.  Where are these books of the Sunnah that you list available in English?  Are summaries with references available?
 
What does "Fiqh" mean?  What are the books of the Fiqh?
 
Are, then, the scholars of fiqh the contemporary authoritative and/or authentic interpreters of Sharia law?
 
Is a single consensus arrived at by them collectively?  Or is any legal opinion of a scholar an acceptable interpretation of Sharia Law?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hayfa Quote  Post ReplyReply Direct Link To This Post Posted: 24 August 2010 at 3:04am
Hi,

From my limited knowledge
Fiqh = science of the law  or Islamic Law

There are different areas like say the Fiqh of medicine, marriage, prayer, etc.

It is a good question you ask about understanding of Fiqh. #1 you have to have knowledge- expertise in Arabic grammar. #2 you have to have training and long-term study to be wildly regarded.

Yes scholars of today can give opinions.. like say, can Muslims use computers.. that was not something 1000 years ago they dealt with. The science behind it is that the way to arrive at the conclusions is consistent with the past. And any opinion that is to be "accepted" must have the arguments / proof behind it.

its like in the past to get have, say a paper approved or legitimate you need the sources to back you up.. similar.

There is not only a science in the actual study of the Hadith and Sunnah, but also the methodologies of the discussion itself. 
For some man things there is consensus.. like we should pray, fast etc. Others there are differences that are accepted as well in other areas.

If you want an idea.. go to the page on DarUsSalaam Publishers and you can see there are books on specific Fiqh.

 


When you do things from your soul, you feel a river moving in you, a joy. Rumi
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Post Options Post Options   Thanks (0) Thanks(0)   Quote abuayisha Quote  Post ReplyReply Direct Link To This Post Posted: 24 August 2010 at 7:45am
If I am not mistaken, the Sunnah are the practices of the Prophet recorded in writing.  Where are these books of the Sunnah that you list available in English?  Are summaries with references available?
The two classic and famous books, Bukhari and Muslim, can be found at online bookstores in English.
 
What does "Fiqh" mean?
Basically laws derived from Sharia
 
  What are the books of the Fiqh?
A scholars discussion of laws pertaining to such matters as purification, prayer, fasting, zakat, and hajj, therefore many books of fiqh exist - some classic and well know and others not so well known.
 
Are, then, the scholars of fiqh the contemporary authoritative and/or authentic interpreters of Sharia law?
There is much debate on this issue.
 
Is a single consensus arrived at by them collectively?
With respect to Sharia most often there is, but rarely in fiqh.
 
  Or is any legal opinion of a scholar an acceptable interpretation of Sharia Law?
Wide debate on this question.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote fool4JC Quote  Post ReplyReply Direct Link To This Post Posted: 25 August 2010 at 3:54am

Thanks for your answer.

 

As a non-Muslim two things are of interest to me.

 

Originally posted by abuayisha abuayisha wrote:

Are, then, the scholars of fiqh the contemporary authoritative and/or authentic interpreters of Sharia law?

There is much debate on this issue.

1.  Is there a published/promulgated collection of agreed upon laws that are considered authoritative and binding on Muslims in general?  For example, there is a promulgated code of laws and court precedents that are a matter of public record which is binding law in America.  Analogously, there is a code of canon law in the Catholic Church that is binding and a matter of public record.

 

Quote Or is any legal opinion of a scholar an acceptable interpretation of Sharia Law?

Wide debate on this question.

 

While I am sure that there is a consensus of some (perhaps a majority of) Muslim scholars that terrorism and military conquest are not valid means of spreading Islam, if a particular scholar or another consensus affirmed that they are valid means,  would that make them legitimate?

 

I define “terrorism” as premeditated, politically-motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to  intimidate or coerce a government or civilian population.  Innocent noncombatants are deliberately targeted as a matter of strategy.

 

“Military conquest” is self-explanatory.  An example would be the invasion and conquest of the Visigothic Kingdom of  Spain by Muslim forces in the 8th century.

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