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  • Exactly what is Sharia?

    لَمْ يَلِدْ وَلَمْ يُولَدْ
    سورة الإخلاص

  • #2
    Re: Exactly what is Sharia?

    As salam alaikum

    Sister, there are several things that need to be corrected in your outline.

    First is the definition and explanation of the word "Shariah".

    It does not mean "doctrine". "Aqidah" means doctrine.

    "Shariah" is a general term that includes the encompassing body of divine laws, jurisprudence, fatawa, and related legal matters, both usul and furu`.

    The fuqaha approach this matter by first addressing the etymology of the term, approaching the linguistic meaning and then approaching the legal meaning, the legal meaning taking precedent and superiority in application.

    The word "shariah" comes from the arabic word which means linguistically: "a path or a way" such as "a path to the watering hole", as in the path to sustenance. The "path to the waterhole" being the way to survival for those living in a desert wilderness.

    That is the linguistic meaning.
    The legal meaning is as I mentioned as paraphrased: the accumulative of divine laws revealed and jurisprudence: both the bodies of principles ( usul) and particulars ( furu`) ( including the body of fatawa).

    The word is from the words of Allah SWT as found in the Holy Quran, such as:

    In Surah 5:48 Allah SWT says (what means):

    "...to each of you we prescribed a Law [shir`ataan] and a method [minhaajaan]..."

    Thus, Shariah is the general term. The "hukm sharii" is another matter.

    Specifically, the "hukm sharii" means ( translated): "the address of the Legislator related to/on the actions ( of Man)".

    Hukm Sharii is the center and foundation of the Shariah.

    Much more can be said, insha Allah. I suggest withholding your outline as a presentation, if that is your intention, until you study the matter deeper.

    Allah knows best.
    Allahumma, aranee al haqqu haqqan wa arzuqnee itiba`ahu, wa aranee al baatilu baatilaan wa arzuqnee ijtinaabahu.Oh Allah! show us the truth as true, and inspire us to follow it. Show us falsehood as falsehood, and inspire us to abstain from it.
    " Do you know what destroys Islam? A mistake made by a scholar, the argument of a hypocrite in writing and the ruling of leaders who wish for people to stray

    Comment


    • #3
      Originally posted by Yasirah87 View Post
      I have composed an outline on Sharia law. Is there anything I should add or you feel needs to be corrected?

      Sharia, meaning “doctrine”, is a divine law expressed through the Quran and Hadith as duties performed by Muslims. Sharia is based on the Muslim community and extensive literature.
      Interpretation of Sharia by scholars (ulema) is called fiqh. Fiqh may vary, thus differing opinions among Muslims and Non-Muslims alike.
      A madhab is a school of thought within a fiqh. Each madhab has different opinions on sharia, but they also agree on many issues. There are eight offical schools, five are Sunni--Hanafi, Maliki, Shafi’i, Hanbali, and Zahiri; two Shia--Ja’fari and Zaidi; and the Ibadi.
      Each fiqh puts each sharia into one of five categories:
      Fard: everything in this category is mandatory for all Muslims. This includes the five daily prayers, fasting, the six articles of faith, charity, and pilgrimage.
      Mustahabb: proper behavior in things such as marriage, funerals, and family life. This is similar to western civil laws in many ways.
      Mubah: many times, people confuse this with halal (permissable). The difference is halal has no clear prohibition, where mubah gives you a choice.
      Makruh: the act is not sinful in itself, however Muslims look down upon it. Divorce is a common example.
      Haraam is strictly forbidden. If carried out, a sin is recorded by the angel on the person’s left.





      Topics of Sharia
      I. Hygiene and Purification
      A. Ghusl: a full body purification performed after sex, menstruation, child birth, and death.
      B. Wudu: a partial purification performed after defication/urination, breaking wind, sleeping, fainting, bleeding (except menstruation, see A).

      II. Economic Law
      A. Zakat: the annual 2.5% of one’s total savings donated to charity.
      B. Private property
      C. Community property
      D. Interest is haraam to charge for monetary gain. Thus loans by Islamic banks do not charge it.

      III. Dietary Law
      A. Haraam:
      1. Pork and its by-products
      2. Animals slaughtered for other gods.
      3. Animals found already dead (i.e. roadkill, carcasses killed by animals of prey, etc)
      4. Blood
      5. Intoxicants
      6. Animal fat
      B. Halal
      1. Lawful food of Jews and Christians
      2. Anything that one is forced to eat against their will.
      3. Meat butchered in the name of Allah SWT.

      IV. Journey to Mecca
      A. Located within the Kingdom of Saudi Arabia.
      B. Focuses on the Kaaba, a black, square building constructed by Abraham AS.
      1. Circled seven times
      2. Drink Zamzam water
      3. Travel between two peaks in a symbolic gesture of searching for water
      4. Sleep in Mina
      a. pray at Mt. Arafat
      b. slaughter of an animal
      c. Eid ul-Adha

      V. Marital Law
      A. Nikah- a permanent state of marriage unless the husband engages in talaq or the wife requests a khula.
      1. Talaq: “I divorce you” in Arabic said by the husband a total of three times to complete a divorce.
      2. Khula: a divorce through mutual consent of the husband or judicial decree.
      B. Polygamy is allowed and a man may have up to four wives if:
      1. The first wife consents to each new wife and thereafter the co-wives also agree.
      2. Each wife must have her own home.
      3. Each wife receives equal support financially, emotionally, sexually, etc
      C. Age of consent is reached when one reaches puberty AND can bear sexual intercourse.
      D. Interfaith marriages to Jews and Christians are permissable.
      E. Forced marriages are nulled and voided as a legal marriage needs the consent of both the bride and the groom.
      1. Coerced marriages are also void.
      F. Dowry (mahr) is given directly to the bride from the groom as a gift. She may refuse it, however it is mandatory for the groom to offer.
      G. Rights of the Wife:
      1. The husband is financially responsible for the welfare of his wife (wives) and any children they produce.
      2. Any income or wealth of the wife is not obligatory to be spent on her husband or her children.
      3. Any property owned by the wife remains hers, the husband has no rights over what belongs to her.
      4. Any dowry given to her is exclusively for her use.
      5. She has the right to kind treatment both emotionally and physically.
      H. The rights of the Husband:
      1. An obedient and kind wife, as he is now her protector (wali).
      2. The right to sex unless:
      a. the wife is in menses
      b. she is fasting
      c. she is sick
      d. recently showered
      i. forced sex is still considered rape which is haraam.
      3. To deny entry into his home anyone he dislikes
      4. To know the whereabouts of his wife.

      VI. Apostasy is leaving Islam for another faith or becoming faithless.
      A. There is no ayah (verse) in the Quran that outlines apostasy. Only those who seek to kill Muslims because they are Muslim and how to treat those who embrace Islam.
      B. Sunni madhab rule the punishment for apostasy is death.
      C. Several hadith state rulings, such as those who convert to then reject Islam.

      VII. Customs
      A. Greetings
      1. Saying assalamu alaykum/walaykum assalamu
      2. Saying bismillah before eating
      3. Saying alhumdulillah/yarkumallah after sneezing

      IIX. Rituals
      A. There are two holidays in Islam
      1. Eid al-Fitr: breaking the fast after Ramadhan
      2. Eid ul-Adha: sacrificial feast in honor of Abraham AS.

      IX. Hijab is the dresscode implemented on men and women and requires both to lower their gaze.
      A. Men are to wear loose clothing that covers navel to knee. Clothing shouldn’t be flashy.
      B. Women are to wear loose clothing that covers all but her face and hands.
      C. Mehrem are the men a woman does not have to fully veil for because sexual relations with him would produce offspring with genetic disorders: her father, brothers, grandfathers, uncles, sons, grandsons, father-in-law, son-in-law, stepsons, stepfather, and any man who was nursed on the same breast (ergo wetnurse).

      X. Non-Muslims
      A. People of the book: Jews, Christians, and Sabbeans.
      B. Kufr: atheists, polytheists, and Pagans.
      C. Dhimmi: Non-Muslims who reside in Muslim-majority countries.
      D. Non-Muslims are not subject to sharia unless they request to be judged according to Islamic law
      :jkk:
      [SIZE=3][FONT=Times New Roman][B][U][CENTER]Oh Allah, in your name, I die and live.[/CENTER][/U][/B][/FONT][/SIZE]
      [CENTER]:):lailah::lailah::lailah::lailah::)[/CENTER]

      [B][CENTER]Ya Allah, Grant Me A Heart That Sees[/CENTER][/B]

      Comment


      • #4
        Re: Exactly what is Sharia?

        Originally posted by Abu Kamel View Post
        As salam alaikum

        Sister, there are several things that need to be corrected in your outline.

        First is the definition and explanation of the word "Shariah".

        It does not mean "doctrine". "Aqidah" means doctrine.

        "Shariah" is a general term that includes the encompassing body of divine laws, jurisprudence, fatawa, and related legal matters, both usul and furu`.

        The fuqaha approach this matter by first addressing the etymology of the term, approaching the linguistic meaning and then approaching the legal meaning, the legal meaning taking precedent and superiority in application.

        The word "shariah" comes from the arabic word which means linguistically: "a path or a way" such as "a path to the watering hole", as in the path to sustenance. The "path to the waterhole" being the way to survival for those living in a desert wilderness.

        That is the linguistic meaning.
        The legal meaning is as I mentioned as paraphrased: the accumulative of divine laws revealed and jurisprudence: both the bodies of principles ( usul) and particulars ( furu`) ( including the body of fatawa).

        The word is from the words of Allah SWT as found in the Holy Quran, such as:

        In Surah 5:48 Allah SWT says (what means):

        "...to each of you we prescribed a Law [shir`ataan] and a method [minhaajaan]..."

        Thus, Shariah is the general term. The "hukm sharii" is another matter.

        Specifically, the "hukm sharii" means ( translated): "the address of the Legislator related to/on the actions ( of Man)".

        Hukm Sharii is the center and foundation of the Shariah.

        Much more can be said, insha Allah. I suggest withholding your outline as a presentation, if that is your intention, until you study the matter deeper.

        Allah knows best.
        This is personally for me. I am a person who learns best by writing everything down. I want to make sure when I explain things to ghayr-Muslims that I understand it myself.
        لَمْ يَلِدْ وَلَمْ يُولَدْ
        سورة الإخلاص

        Comment


        • #5
          Re: Exactly what is Sharia?

          Originally posted by Yasirah87 View Post
          This is personally for me. I am a person who learns best by writing everything down. I want to make sure when I explain things to ghayr-Muslims that I understand it myself.
          Okay, ukhti.


          Allah said in the Quran if you want knowledge He(SWT) said:
          20:114
          : So high [above all] is Allah , the Sovereign, the Truth. And, [O Muhammad], do not hasten with [recitation of] the Qur'an before its revelation is completed to you, and say, "My Lord, increase me in knowledge."
          26:83:
          My Lord! Bestow Hukman (religious knowledge, right judgement of the affairs and Prophethood) on me, and join me with the righteous
          Allahumma, aranee al haqqu haqqan wa arzuqnee itiba`ahu, wa aranee al baatilu baatilaan wa arzuqnee ijtinaabahu.Oh Allah! show us the truth as true, and inspire us to follow it. Show us falsehood as falsehood, and inspire us to abstain from it.
          " Do you know what destroys Islam? A mistake made by a scholar, the argument of a hypocrite in writing and the ruling of leaders who wish for people to stray

          Comment


          • #6
            Re: Exactly what is Sharia?

            Originally posted by Yasirah87 View Post
            I have composed an outline on Sharia law. Is there anything I should add or you feel needs to be corrected?

            Sharia, meaning “doctrine”, is a divine law expressed through the Quran and Hadith as duties performed by Muslims. Sharia is based on the Muslim community and extensive literature.
            Interpretation of Sharia by scholars (ulema) is called fiqh. Fiqh may vary, thus differing opinions among Muslims and Non-Muslims alike.
            A madhab is a school of thought within a fiqh. Each madhab has different opinions on sharia, but they also agree on many issues. There are eight offical schools, five are Sunni--Hanafi, Maliki, Shafi’i, Hanbali, and Zahiri; two Shia--Ja’fari and Zaidi; and the Ibadi.
            Each fiqh puts each sharia into one of five categories:
            Fard: everything in this category is mandatory for all Muslims. This includes the five daily prayers, fasting, the six articles of faith, charity, and pilgrimage.
            Mustahabb: proper behavior in things such as marriage, funerals, and family life. This is similar to western civil laws in many ways.
            Mubah: many times, people confuse this with halal (permissable). The difference is halal has no clear prohibition, where mubah gives you a choice.
            Makruh: the act is not sinful in itself, however Muslims look down upon it. Divorce is a common example.
            Haraam is strictly forbidden. If carried out, a sin is recorded by the angel on the person’s left.





            Topics of Sharia
            I. Hygiene and Purification
            A. Ghusl: a full body purification performed after sex, menstruation, child birth, and death.
            B. Wudu: a partial purification performed after defication/urination, breaking wind, sleeping, fainting, bleeding (except menstruation, see A).

            II. Economic Law
            A. Zakat: the annual 2.5% of one’s total savings donated to charity.
            B. Private property
            C. Community property
            D. Interest is haraam to charge for monetary gain. Thus loans by Islamic banks do not charge it.

            III. Dietary Law
            A. Haraam:
            1. Pork and its by-products
            2. Animals slaughtered for other gods.
            3. Animals found already dead (i.e. roadkill, carcasses killed by animals of prey, etc)
            4. Blood
            5. Intoxicants
            6. Animal fat
            B. Halal
            1. Lawful food of Jews and Christians
            2. Anything that one is forced to eat against their will.
            3. Meat butchered in the name of Allah SWT.

            IV. Journey to Mecca
            A. Located within the Kingdom of Saudi Arabia.
            B. Focuses on the Kaaba, a black, square building constructed by Abraham AS.
            1. Circled seven times
            2. Drink Zamzam water
            3. Travel between two peaks in a symbolic gesture of searching for water
            4. Sleep in Mina
            a. pray at Mt. Arafat
            b. slaughter of an animal
            c. Eid ul-Adha

            V. Marital Law
            A. Nikah- a permanent state of marriage unless the husband engages in talaq or the wife requests a khula.
            1. Talaq: “I divorce you” in Arabic said by the husband a total of three times to complete a divorce.
            2. Khula: a divorce through mutual consent of the husband or judicial decree.
            B. Polygamy is allowed and a man may have up to four wives if:
            1. The first wife consents to each new wife and thereafter the co-wives also agree.
            2. Each wife must have her own home.
            3. Each wife receives equal support financially, emotionally, sexually, etc
            C. Age of consent is reached when one reaches puberty AND can bear sexual intercourse.
            D. Interfaith marriages to Jews and Christians are permissable.
            E. Forced marriages are nulled and voided as a legal marriage needs the consent of both the bride and the groom.
            1. Coerced marriages are also void.
            F. Dowry (mahr) is given directly to the bride from the groom as a gift. She may refuse it, however it is mandatory for the groom to offer.
            G. Rights of the Wife:
            1. The husband is financially responsible for the welfare of his wife (wives) and any children they produce.
            2. Any income or wealth of the wife is not obligatory to be spent on her husband or her children.
            3. Any property owned by the wife remains hers, the husband has no rights over what belongs to her.
            4. Any dowry given to her is exclusively for her use.
            5. She has the right to kind treatment both emotionally and physically.
            H. The rights of the Husband:
            1. An obedient and kind wife, as he is now her protector (wali).
            2. The right to sex unless:
            a. the wife is in menses
            b. she is fasting
            c. she is sick
            d. recently showered
            i. forced sex is still considered rape which is haraam.
            3. To deny entry into his home anyone he dislikes
            4. To know the whereabouts of his wife.

            VI. Apostasy is leaving Islam for another faith or becoming faithless.
            A. There is no ayah (verse) in the Quran that outlines apostasy. Only those who seek to kill Muslims because they are Muslim and how to treat those who embrace Islam.
            B. Sunni madhab rule the punishment for apostasy is death.
            C. Several hadith state rulings, such as those who convert to then reject Islam.

            VII. Customs
            A. Greetings
            1. Saying assalamu alaykum/walaykum assalamu
            2. Saying bismillah before eating
            3. Saying alhumdulillah/yarkumallah after sneezing

            IIX. Rituals
            A. There are two holidays in Islam
            1. Eid al-Fitr: breaking the fast after Ramadhan
            2. Eid ul-Adha: sacrificial feast in honor of Abraham AS.

            IX. Hijab is the dresscode implemented on men and women and requires both to lower their gaze.
            A. Men are to wear loose clothing that covers navel to knee. Clothing shouldn’t be flashy.
            B. Women are to wear loose clothing that covers all but her face and hands.
            C. Mehrem are the men a woman does not have to fully veil for because sexual relations with him would produce offspring with genetic disorders: her father, brothers, grandfathers, uncles, sons, grandsons, father-in-law, son-in-law, stepsons, stepfather, and any man who was nursed on the same breast (ergo wetnurse).

            X. Non-Muslims
            A. People of the book: Jews, Christians, and Sabbeans.
            B. Kufr: atheists, polytheists, and Pagans.
            C. Dhimmi: Non-Muslims who reside in Muslim-majority countries.
            D. Non-Muslims are not subject to sharia unless they request to be judged according to Islamic law


            Apostasy is A

            Comment


            • #7
              Re: Exactly what is Sharia?

              Originally posted by Abu Kamel View Post
              Okay, ukhti.


              Allah said in the Quran if you want knowledge He(SWT) said:
              20:114

              26:83:
              Originally posted by ForeverMonotheist1 View Post
              Apostasy is A
              I don't know if you meant to say some more or you just abruptly stopped, so now here I am asking follow-up questions.
              لَمْ يَلِدْ وَلَمْ يُولَدْ
              سورة الإخلاص

              Comment


              • #8
                Re: Exactly what is Sharia?

                "Fiqh may vary, thus differing opinions among Muslims and Non-Muslims alike."

                From this point on you're really talking about Fiqh rather than Sharia. Fiqh is limited to the practical injunctions of the religion, but Sharia is far more expansive, including things like Aqeeda.

                Comment

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