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Monday, 24 October 2011

Islamic traditional perspectives


The majority of Muslims regard themselves as belonging to either the Sunni or Shi'a sect of Islam. Within these sects, there are different schools of religious study and scholarship. The schools within each sect have common characteristics, although each differs in its details.




Sunni


In addition to the "Basic Code" of the Quran and Sunnah, traditional Sunni Muslims also add the consensus (ijma) of Muhammad's companions (sahaba) and Islamic jurists (ulema) on certain issues. In situations where no concrete rule exists in the sources, law scholars use qiyas — various forms of reasoning, including analogy, to derive law from the essence of divine principles and preceding rulings. The consensus of the community, public interest, and other sources are used as an adjunct to sharia where the primary and secondary sources allow. This description can be applied to the major schools of Sunni fiqh, which include the Hanafi, Shafi'i, Maliki and Hanbali. The Zahiri madhhab, though small, is often considered a Sunni school of thought as well. The Salafi movement also looks to the actions and sayings of the first three generations of Muslims for guidance, in addition to the Quran and Sunnah, attracting followers from many Muslim cultures and schools of fiqh.




Shi'a


Shi'a Muslims also extend the "Basic Code" with fiqh, and in some aspects reject analogy. At the same time, they believe Islam was long designed to meet today's innovations and culture. During the period after Prophet's death, Sunni scholars developed, at the same time the Shi'a Imams were alive teaching and spreading the original message of Islam. Since the twelve Imams are descendants of the Prophet's family, Shi'a believe they have a greater right on leadership and spreading the message of Islam, as a result Shi'a view them as an extension of the original Sunnah taught by the Prophet himself. A recurring theme in Shi'a jurisprudence is logic (mantiq), something most Shi'a believe they mention, employ and value to a higher degree than most Sunnis do. They do not view logic as a third source for laws, rather a way to see if the derived work is compatible with the Quran and Sunnah.
In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Quran, anecdotes of Muhammad's practices and those of The Twelve Imams, and the intellect ('aql). The practices called Sharia today, however, also have roots in comparative law and local customs (urf).
Most Shia Muslims follow the Ja'fari school of thought.




Modern perspectives


Muslims have responded in a variety of ways to the forces of modernity. These responses cross the lines of tradition, sect and school. They affect the way sharia is interpreted by individuals in their personal lives, and the extent to which sharia is implemented in the public sphere by the state. These diverse movements can be referred to collectively as contemporary sharia(s).




Spectrum of Muslim legal systems


The legal systems in 21st century Muslim majority states can be classified as follows:
Sharia in the secular Muslim states: Muslim countries such as Mali, Kazakhstan and Turkey have declared themselves to be secular. Here, religious interference in state affairs, law and politics is prohibited. In these Muslim countries, as well as the secular West, the role of sharia is limited to personal and family matters.
The Nigerian legal system is based on English Common Law and the constitution guarantees freedom of religion and separation of church and State. However eleven northern states have adopted sharia law for those who practice the Muslim religion.
Muslim states with blended sources of law: Muslim countries including Pakistan, Indonesia, Afghanistan, Egypt, Sudan, Morocco and Malaysia have legal systems strongly influenced by sharia, but also cede ultimate authority to their constitutions and the rule of law. These countries conduct democratic elections, although some are also under the influence of authoritarian leaders. In these countries, politicians and jurists make law, rather than religious scholars. Most of these countries have modernized their laws and now have legal systems with significant differences when compared to classical sharia.
Muslim states using classical sharia: Saudi Arabia and some of the Gulf states do not have constitutions or legislatures. Their rulers have limited authority to change laws, since they are based on sharia as it is interpreted by their religious scholars. Iran shares some of these characteristics, but also has a parliament that legislates in a manner consistent with sharia.




Factors influencing the modern role of sharia


Against the backdrop of differing religious sects, scholarship, classical schools of thought, and governmental implementations, the following forces are at work influencing future developments in sharia law.

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