Islamic law is the collection of rulings and legally binding rules related to the regulation of individual behavior in society. It is a legal system with a broad range of directives, covering the specifics of various affairs, yet broad enough to be flexible and non–rigid due to its capacity for renewability and adaptability. The History of Islamic Law Role #1: This was the role of education and dealing with legal life issues in Arab society during the mission of the Prophet; meaning the role of legislation in the time of the Prophet (PBUH) which ended with his death in the year 11 H.
Role # 2: This role dealt with legislation during the rule of the Rightly Guided Caliphs and their successors. This role continued until the fall of the Umayyad dynasty in 132 H. Role # 3: This was the role of legislative maturation and completion which ended in the middle of the fourth century H. Role # 4: The role of copying (from previous legislation) and closing the doors of Ijtihad (independent reasoning). This era ended in 1268 H (1869 A. D. ) Role # 5: The role of Jurisprudential awakening which started within the jurisprudence movement under the Ottoman state based in Turkey in the year 1286 H (1869 A.
D. ) and the appearance of the legislative journal, which continues to the present day. In present times, Islamic law is considered the source of legislation in Islamic states. These states differ in whether they have taken is as the main source of legislation or not. Many Shari’a rulings have been passed as laws on many issues. Some countries consider Islamic law the primary law, above even the constitution itself, and that it is not allowed to go against Islamic law in any way. The Sources of Islamic Law The sources of Islamic law are those from which Shari’a Law is derived.
There are sources generally agreed upon and others on which opinions differ. Sources agreed upon within the Islamic nation are: * The Quran * The Sunnah (Sayings of the Prophet). Sources of Disputed legislation: * The Sunnah * Consensus * Inductive reasoning * Independent efforts * Preference (for that which is good) * Disambiguation * Presumption of continuity * Public interest * Closing the door to excuses * The legislation of those who came before * The sayings of the companions All of the above are based on the terms and regulations known to the scholars of Sunnah, taking into account their different intellectual orientations.
Characteristics of Islamic Law 1- Its two sources are: The Holy Quran and the Sunnah of the prophet (PBUH) 2- Moderation and justice. 3- It is Inclusive of all the affairs of life, as it oversees a person since conception, as a child, as a young adult, in old age and honors him even in death. 4- It governs every act of an individual’s behavior throughout all of the above stages; what is obligatory, forbidden, offensive, what is acceptable or permitted in all areas of practical and spiritual life and in worship.
5- It is realistic in that it should oversee all aspects of a person’s physicality and spirituality individually and collectively and it also takes into account gradualism in the field of education. 6- Ijtihad (Independent reasoning) and innovation is permitted in Islamic law in accordance with the circumstances of time and place. 7- Punishment in Islamic law is both worldly and in the hereafter as the penalty matches the deed. The Aims of Islamic Law
* the preservation of the five necessities which are: Religion, life, mind, progeny and wealth, in addition to relieving hardship and privation where the necessities of life are concerned. An example is the laws regarding loans, watering, peace and others for which there may be a great need. * It governs the proper methods of physical improvement such as circumcision, the covering of private parts, types of adornment, and table manners. The Islamic Shari’a fully and adequately covers all the needs of humankind in every time and place.