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Islamic Law and Legal Change: The Concept of Maslaha in Classical and Contemporary Legal Theory. Vol. Shari'a: Islamic Law in the Contemporary Context (Kindle ed.). Stanford University Press. Rabb, Intisar A. (2009). "Law. Civil Law & Courts". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press.
The Mughal emperor Aurangzeb (r. 1658–1707) issued a hybrid body of law known as Fatawa-e-Alamgiri, based on Hanafi fatwas as well as decisions of Islamic courts, and made it applicable to all religious communities on the Indian subcontinent. This early attempt to turn Islamic law into semi-codified state legislation sparked rebellions ...
Sharia means Islamic law based on Islamic concepts based from Quran and Hadith. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems. [1] Historically, Sharia was interpreted by independent jurists , based on Islamic scriptural sources and various legal methodologies. [2]
A copy of the Qur'an, one of the primary sources of Sharia. The Qur'an is the first and most important source of Islamic law. Believed to be the direct word of God as revealed to Muhammad through angel Gabriel in Mecca and Medina, the scripture specifies the moral, philosophical, social, political and economic basis on which a society should be constructed.
Ahkam are similar to, but not the same as, a fatwa, [6] which is a legal opinion or ruling issued by a qualified Islamic scholar in response to a specific question or issue posed by an individual or community. Fatwas are based on the scholar's interpretation of Islamic sources and jurisprudential principles.
Based on the divisions that have been made by religious scholars, God's commandments are divided into two categories provisions of primary and secondary rules. [1] The primary rulings constitute all Islamic duties and obligations deduced and inferred by jurists from the four sources consisting of the Quran , the Sunnah , consensus and reason ...
Some examples of Islamic rulings based on naskh include a gradual ban on consumption of alcohol (originally alcohol was not banned, but Muslims were told that the bad outweighed the good in drinking) and a change in the direction of the qibla, the direction that should be faced when praying salat (originally Muslims faced Jerusalem, but this ...
Fatawa-i Alamgiri, as the documented Islamic law book, became the foundation of legal system of India during Aurangzeb and later Muslim rulers. Further, the English-speaking judges relied on Muslim law specialist elites to establish the law of the land, because the original Fatawa-i Alamgiri (Al-Hindiya) was written in Arabic.