Pub Date : 2021-02-25DOI: 10.1093/actrade/9780199665594.003.0007
Mashood a. Baderin
‘Penal law’ reviews Islamic penal law, the most controversial aspect of Islamic law that often prompts heated debate about its applicability in contemporary times. Classical Islamic law classifies crimes and their punishments into three main categories: hudūd, qisās, and ta’zīr. Substantively, the hudūd and qisās offences are specifically prescribed in the Qur’an and/or the Sunnah, while the ta’zīr offences are left to the discretion of the ruling authority or judges. There are a number of evidential requirements and standard of proving criminal offences under Islamic law. The classical Islamic penal rules are now codified into the current penal codes of a few Muslim-majority states, with necessary modifications.
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Pub Date : 2021-02-25DOI: 10.1093/actrade/9780199665594.003.0001
Mashood a. Baderin
‘Historical development’ discusses the historical development of Islamic law, divided into six major periods. These include the formative period, the pre-classical period, the classical period, the post-classical period, the modern period, and an emerging post-modern period. The history of Islamic law is linked with the divine call of Muhammad to prophethood and the consequent emergence of Islam as a religious faith in Arabia in the 7th century. The Qur’an became the main source for guidance for the early Muslims. Thus, faith in God as the divine authority, in Muhammad as a prophet of God, and in the Qur’an as a divine revelation, has served as the cornerstone of Islamic law.
{"title":"1. Historical development","authors":"Mashood a. Baderin","doi":"10.1093/actrade/9780199665594.003.0001","DOIUrl":"https://doi.org/10.1093/actrade/9780199665594.003.0001","url":null,"abstract":"‘Historical development’ discusses the historical development of Islamic law, divided into six major periods. These include the formative period, the pre-classical period, the classical period, the post-classical period, the modern period, and an emerging post-modern period. The history of Islamic law is linked with the divine call of Muhammad to prophethood and the consequent emergence of Islam as a religious faith in Arabia in the 7th century. The Qur’an became the main source for guidance for the early Muslims. Thus, faith in God as the divine authority, in Muhammad as a prophet of God, and in the Qur’an as a divine revelation, has served as the cornerstone of Islamic law.","PeriodicalId":371253,"journal":{"name":"Islamic Law: A Very Short Introduction","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116381893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-25DOI: 10.1093/actrade/9780199665594.003.0003
Mashood a. Baderin
‘Theory, scope, and practice’ assesses the theoretical, substantive, and procedural aspects of Islamic law. The theoretical aspect engages with the jurisprudential rules relating to the sources, methods, principles, legal hermeneutics, and juristic methodologies of Islamic law. The substantive aspect deals with the scope of Islamic law, covering the textual provisions and juristic rulings on specific substantive issues. The procedural aspect deals with Islamic law in practice, covering its practical application as a functional legal system. Any examination of Islamic legal theory should consider the sources, methods, and principles of law and, in particular in this case, Islamic substantive law. Ijtihād is an important tool of independent juristic reasoning under Islamic legal theory.
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Pub Date : 2021-02-25DOI: 10.1093/actrade/9780199665594.003.0005
Mashood a. Baderin
‘The law of inheritance’ explores the Islamic law of inheritance, the fundamental rules of which are prescribed by the Qur’an and the Sunnah, giving a list of legal heirs with the aggregate of each heir’s entitlement meticulously stated. The three essential elements for the application of Islamic law of inheritance are: the deceased (muwarrith), the estate (tarikah), and the heir[s] (wārith[ūn]). Hanafī jurisprudence classifies heirs into three main specific classes: Qur’anic heirs, Agnatic heirs, and Uterine heirs. Shīʻah jurisprudence classifies them generally into heirs by blood relationship (nasab) and heirs by marriage (sabab).
{"title":"5. Law of inheritance","authors":"Mashood a. Baderin","doi":"10.1093/actrade/9780199665594.003.0005","DOIUrl":"https://doi.org/10.1093/actrade/9780199665594.003.0005","url":null,"abstract":"‘The law of inheritance’ explores the Islamic law of inheritance, the fundamental rules of which are prescribed by the Qur’an and the Sunnah, giving a list of legal heirs with the aggregate of each heir’s entitlement meticulously stated. The three essential elements for the application of Islamic law of inheritance are: the deceased (muwarrith), the estate (tarikah), and the heir[s] (wārith[ūn]). Hanafī jurisprudence classifies heirs into three main specific classes: Qur’anic heirs, Agnatic heirs, and Uterine heirs. Shīʻah jurisprudence classifies them generally into heirs by blood relationship (nasab) and heirs by marriage (sabab).","PeriodicalId":371253,"journal":{"name":"Islamic Law: A Very Short Introduction","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128452969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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