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Category: lawlaw

Islamic Law

1.

Islamic law
Name : salib youstina
Group : 20ll3a

2.

General characteristic of islamic
legal system :
Islamic law has a value of adaptability and
flexibility, but also as a revelation that comes
from God Almighty, Islamic law also are rigid,
immortal and cannot be personalised way.
The hallmark of the dynamics and flexibility
combined with purity that can't be fickle that
is what makes the uniqueness of the Islamic
law as revelation that can answer the entire
question of the contemporary that appeared
at this time.

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To understand the Islamic law need to
instil an understanding between sharia
and fiqh. Of which in respect of Islamic
law as revelation from God Almighty,
then that's called Sharia, i.e. a set of
international rules from God that its
nature remains unchanged and immortal,
but when looked at Islamic law is
dynamic and flexible that it can adapt to
the conditions of time and age then that
is called fiqh.

4.

• Which of course is part of the Islamic
fiqh and must not be contrary to the
Shariah, this article will lead to an
understanding of the concept of Sharia
and fiqh in General, to find the
characteristics of the eternal, timeless
until the day of resurrection, as well as
dynamic and versatile development of
the times.

5.

History of its development :
Islamic law grew along with the expanding
Muslim Empire. The Umayyad dynasty caliphs,
who took control of the empire in 661,
extended Islam into India, Northwest Africa,
and Spain. The Umayyads appointed Islamic
judges, kadis, to decide cases involving
Muslims. (Non-Muslims kept their own legal
system.) Knowledgeable about the Koran
and the teachings of Muhammad, kadis
decided cases in all areas of the law.

6.

Sources of Islamic law :
The Qur'an is the principal source of
Islamic law, the Sharia. It contains the
rules by which the Muslim world is
governed (or should govern itself) and
forms the basis for relations between man
and God, between individuals, whether
Muslim or non-Muslim, as well as between
man and things which are part of creation.

7.

• The Sharia contains the rules by
which a Muslim society is organized
and governed, and it provides the
means to resolve conflicts among
individuals and between the individual
and the state.

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structure of Islamic law :
Fiqh al-Ibadah (rituals )
Fiqh al-munakahat (family law)
Fiqh al-Muamalat (the law of transaction)
Fiqh al-Jenayah (Criminal law)
Fiqh al-Daulah (the law that governing
the state)
Fiqh Al-Qada’(law regarding the
administration of justice)

9.

Law relating to worship
Prayer
Fasting
Almsgiving
Pilgrimage
Purification (taharah)

10.

Family Law
Pre-marriage eg. betrothal
During the marriage eg.
Duties/responsibilities
Post marital issues eg. Custody, harta
sepencharian
Extra-marriage !

11.

MUAMALAT (transactions)
Relating to:
Halal/ Haram
Riba
May’sir
Gharar (speculation)
Fraud
Cheating
Examples: sale & purchase, contract, hire,
leasing etc

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Criminal law (Jenayah):
Concept of crimes (morality)
Amal Makruf & Nahi Munkar
“Man Reda bi Maksiat”;Maksiat
Philosophy of punishment
Types of punishments: Hudud, Ta’zir dan
Qisas (diyat)
Examples: adultery, stealing, drinking,
murder etc .

13.

Judicial system
Justice
References
Judges: qualification & code of conduct
Role of witnesses
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