IslamiCity.org Homepage
Forum Home Forum Home > Religion - Islam > Interfaith Dialogue
  New Posts New Posts RSS Feed - Sharia and Halacha  What is Islam What is Islam  Donate Donate
  FAQ FAQ  Quran Search Quran Search  Forum Search   Events   Register Register  Login Login


Sharia and Halacha

 Post Reply Post Reply
Author
Message
crasss View Drop Down
Senior Member
Senior  Member

Joined: 01 April 2007
Status: Offline
Points: 516
Post Options Post Options   Thanks (0) Thanks(0)   Quote crasss Quote  Post ReplyReply Direct Link To This Post Topic: Sharia and Halacha
    Posted: 27 June 2007 at 7:48pm
The 613 (rules) distilled from the Torah have at times been used as a complete legal system by the Jews to govern Jewish society. Sharia, as based on the Quran and the Sunnah, has also been used as a complete legal system to govern an Islamic society.

Sharia and Halacha are real-life alternatives to the secular legal system that is now prevalent in large parts of the world.

I assume there are commonalities and differences between the two legal systems. The fact that they are both Abrahamic in nature, guarantees that there are commonalities. Does anybody know what the main differences and commonalities are between Halacha and Sharia?

Back to Top
Doo-bop View Drop Down
Senior Member
Senior  Member
Avatar

Joined: 04 March 2007
Status: Offline
Points: 531
Post Options Post Options   Thanks (0) Thanks(0)   Quote Doo-bop Quote  Post ReplyReply Direct Link To This Post Posted: 28 June 2007 at 9:12am

"The fact that they are both Abrahamic in nature,...."

Please justify this statement.  What have either sharia or halacha got to do with the covenant God made with Abraham?

What legal system did Abraham put in place?

Back to Top
crasss View Drop Down
Senior Member
Senior  Member

Joined: 01 April 2007
Status: Offline
Points: 516
Post Options Post Options   Thanks (0) Thanks(0)   Quote crasss Quote  Post ReplyReply Direct Link To This Post Posted: 28 June 2007 at 5:32pm
Originally posted by Doo-bop Doo-bop wrote:

Please justify this statement.  What have either sharia or halacha got to do with the covenant God made with Abraham?

It is Moses who is attributed to be the messenger for the Torah.
Originally posted by Doo-bop Doo-bop wrote:

What legal system did Abraham put in place?

Halacha is a legal system based on the Torah.

There are differences between Judaism and Islam. The difference is not in the Oneness of God as introduced by Abraham (pbuh) but elsewhere, and it is most likely reflected in the difference between halacha and sharia.

A Muslim accepts the prophethood of Jesus (pbuh) and of Muhammed (pbuh), and a Jew does not, but in practical terms, how are the rules of life different?



Edited by crasss
Back to Top
Israfil View Drop Down
Senior Member
Senior  Member
Avatar
Joined: 08 September 2003
Status: Offline
Points: 3984
Post Options Post Options   Thanks (0) Thanks(0)   Quote Israfil Quote  Post ReplyReply Direct Link To This Post Posted: 28 June 2007 at 6:37pm

Stemming fromthe philosophies of Moses Maimonides I can only give you a brief summary about Halakhah.

Basically the word "halakhah" is usually translated as "Jewish Law," although a more literal (and more appropriate) translation might be "the path that one walks." The word is derived from the Hebrew root  Hei-Lamed-Kaf, meaning to go, to walk or to travel. Halakhah consist of some basic practices:  Keep kosher or light Shabbat candles, pray after meals or once or twice a day.

At the heart of Halakhah is the Torah which (as Crass mentioned earlier) consist of 613 mitzvot (which is plural in Hebrew for Commandments) based on the first five books in the Bible, the Jews call this Mitzvot D'Oraita: Commandments from the Torah.

In addition to the laws that come directly from Torah (d'oraita), halakhah includes laws that were enacted by the rabbis(d'rabbanan). These rabbinic laws are still referred to as mitzvot (commandments), even though they are not part of the original 613 mitzvot d'oraita. Mitzvot d'rabbanan are considered to be as binding as Torah laws, but there are differences in the way they apply laws that are d'oraita and laws that are d'rabbanan.

Mitzvot d'rabbanan are commonly divided into three categories: gezeirah, takkanah and minhag. Note the following:

A gezeirah is a law instituted by the rabbis to prevent people from accidentally violating a Torah mitzvah. Jews commonly speak of a gezeirah as a "fence" around the Torah. For example, the Torah commands us not to work on Shabbat, but a gezeirah commands Jews not to even handle an implement that you would use to perform prohibited work (such as a pencil, money, a hammer), because someone holding the implement might forget that it was Shabbat and perform prohibited work. The word is derived from the root Gimel-Zayin-Reish, meaning to cut off or to separate.

A takkanah is a rule unrelated to biblical laws that was created by the rabbis for the public welfare. For example, the practice of public Torah readings every Monday and Thursday is a takkanah instituted by Ezra. The "mitzvah" to light candles on Chanukkah, a post-biblical holiday, is also a takkanah. The word is derived from the Hebrew root Tav-Qof-Nun, meaning to fix, to remedy or to repair. It is the same root as in "tikkun olam," repairing the world, or making the world a better place, an important concept in all branches of Judaism.

Some takkanot vary from community to community or from region to region. For example, around the year 1000 C.E., a Rabbeinu Gershom Me'or Ha-Golah instituted a takkanah prohibiting polygyny (multiple wives), a practice clearly permitted by the Torah and the Talmud. This takkanah was accepted by Ashkenazic Jews, who lived in Christian countries where polygyny was not permitted, but was not accepted by Sephardic Jews, who lived in Islamic countries where men were permitted up to four wives.

A minhag is a custom that evolved for worthy Jewish religious reasons and has continued long enough to become a binding religious practice. For example, the second, extra day of holidays was originally instituted as a gezeirah, so that people outside of Israel, not certain of the day of a holiday, would not accidentally violate the holiday's mitzvot. After the mathematical calendar was instituted and there was no doubt about the days, the added second day was not necessary. The rabbis considered ending the practice at that time, but decided to continue it as a minhag.

The following is a link that explains more about Halakhah:

http://www.aish.com/literacy/concepts/The_Rules_of_Halacha.a sp

Also Wikipedia has more of the Laws in detail here:

http://en.wikipedia.org/wiki/Halakha#Sin



Edited by Israfil
Back to Top
crasss View Drop Down
Senior Member
Senior  Member

Joined: 01 April 2007
Status: Offline
Points: 516
Post Options Post Options   Thanks (0) Thanks(0)   Quote crasss Quote  Post ReplyReply Direct Link To This Post Posted: 29 June 2007 at 5:20am
Originally posted by Israfil Israfil wrote:

The following is a link that explains more about Halakhah:

http://www.aish.com/literacy/concepts/The_Rules_of_Halacha.a sp

Also Wikipedia has more of the Laws in detail here:

http://en.wikipedia.org/wiki/Halakha#Sin


Halakhah is a most interesting legal system in itself. The links are quite useful to establishing a better view on Hakakhah.

However, I wish to have a better understanding of the differences and commonalities with Sharia. How do both legal systems compare?

* Under no condition should the rabbi yield to the ignorant laity in any question of Torah law, no matter how great their number.
* Wherever possible, he should strive to find a precedent for his decisions from the opinions of earlier authorities.
* Just as a rabbi may not permit that which is forbidden, so must he be careful not to forbid that which is permitted.

These principles seem to work in Sharia too. I just wonder what would be striking differences between the ruling process followed by Halakhah and Sharia scholars?

Back to Top
 Post Reply Post Reply
  Share Topic   

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 12.03
Copyright ©2001-2019 Web Wiz Ltd.