Saturday, July 16, 2016

Phenomenon of Sharia law

Precedent for modern science

sharia law

 is so complex in its religious and secular content, which gave rise to the centuries-old disputes, which gave the precedent for modern science. We will not go into the details of theological and scientific disputes, as it is not part of our task. Try to determine a clear reference for our readers.
So, the Sharia is not the law itself, but only a set of orders to the Muslims on the basis of doctrine and principles of the Quran and Sunnah. Specification of “the right path” (al-Sharia) is a system of proper rules, developed in accordance with this framework and defining the attitude of Muslims towards worship, their civil rights and responsibilities, penalties. This system is actually  the science of usul al-fiqh. Recognizing the source of the Islamic creed, it gives rules, principles, rules and Institute of the whole law, theological in nature.

Influence 

Among scientists there is the opinion that the Shari'ah came under the influence of Judaism, Christianity, legal traditions of the Persians and other peoples. Apparently, this is the truth, although the emergence of Shari'a cannot be reduced to the borrowing. The determining factors are the internal needs of the Caliphate as a state system in need of legal regulation of relations between people and the government, between the various strata of the Muslim population. Since the Caliphate recognized Islam as the state religion, not the last role was played by the establishment of basic religious duties, was elevated to the rank of indispensable in their execution by all Muslims.
These social needs determined the production of an extensive system of legal norms of the Muslim law (fiqh) as an integral part of Sharia.

The Dogma 

In different centers of the Caliphate, Medina, Damascus, Kufa, etc.) began to develop schools of jurists (ar. faqih, who knows; in the narrow sense – well-versed in the theological and legal knowledge). The starting position was taken from the Quran and Sunnah. But it turned out that both sources have significant drawbacks: they do not contain many of even the most basic norms and rules suffer from contradictions, up to the mutually exclusive provisions. Gradually, the solution was found. Given the prescriptions of the Quran and Sunnah, handed down judgment by analogy (art. kias, comparison, judgment, analogy) and the norm was considered “correct”. But for its final legalization were required to accept the opinion of a reputable facebow. It happened one more basis of Shariah is the unanimous opinion of authoritative persons (art. al-ijma). Tradition builds its origins to the “seven faciam Medina” (W. Paul. VII.), but further development of ijma received in Iran, Syria, Egypt and other regions of the Caliphate.
In the course of hard struggle of facebow came to the recognition of four “roots” of Islamic law: Quran, Sunnah, ciasa and ijma. Longer was the debate of the acceptance or the rejection of legal norms elements of dogma, of principles of the approach to understanding rights and duties in Islam. In the end, we have developed four major t o l-K a (ar. mazhab, way, path, doctrine) or theological-legal schools (W. Paul. VIII-IX centuries) – hanifite, malikite, shaafa'is and hanbalis.

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