Author: dr-jan-a-ali

Towards demystifying Shari’ah: Part Four

Following from Part Three, in the fiqh study of the classical form of shari’ah, Islamic law is clearly different from Western systems of law in two distinct ways (Calder, 1993). First, shari’ah, as I mentioned earlier, unlike most other legal systems, covers all personal and public aspects of everyday life including regulation of the individual’s relationship with God (Hassan, 1979). Shari’ah governs ethical standards as well as legal rules, demonstrating clearly what individuals are permitted to do as well as, in conscience, prohibited to do (Ibrahim, 2009). Second, shari’ah differs from Western law either (civil or common) because it...

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Towards Demystifying Shari’ah: Part Three

Based on one or a combination of the sources discussed previously, shari’ah regulates all human actions both at the individual level as well as social level. The collective human behaviour both in terms of action and inaction, according to fiqh (jurisprudence) classification, falls under one of the following five categories: i. fard (obligatory) – acts that are commanded, for example, five ritual prayers obedience of which are rewarded in this life or in the next or both and any disobedience is punishable either in this life or in the next or both, ii. mustahab (recommended) – commendable acts such...

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