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Page 1: Sources of muslim laws
Page 2: Sources of muslim laws

Introduction ‘Sharia’

• The term ‘Sharia ’ has been increasingly incorporated into the English language over recent years. But what does it actually mean?

• The literal Arabic translation of the term ‘Sharia’ is ‘the road to the watering place’.

• Which implies ‘the expression of Allah’s command for Muslim society’.

• The sources of Islamic law mainly consist of primary and secondary sources.

• The former comprises of the Qur’an and Prophetic Tradition.

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Sources of Muslim Law

• The sources of Islamic law mainly consist of primary and secondary sources.

• Primary sources are the sources that the Prophet Mohammad has directed. These are to be followed in their respective order of priority. They are also called formal sources. They deal with the needs of the Islamic society in the modern era. Some of the personal rules may find places in the sources.

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• Quran(Holy Book)

• Sunnah &

Hadith(Traditions)

• Ijma (Consensus of

opinion )

• Qiyas (It is only accepted

form Ijtihad independent

decision making)

• Customs

• Judicial Decision

• Legislation

• Equity, Justice & Good

Conscience.

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Five Pillars Of Islam “Sunni’s”

• The Five Pillars of Islam ("pillars of the religion") are five basic acts in Islam, considered mandatory by believers and are the foundation of Muslim life. They are summarized in the famous Hadith of Gabriel.

• They make up Muslim life, prayer, concern for the needy, self purification and the pilgrimage. They are:

• Shahadah: Declaring there is no god except God, and Muhammad is God's Messenger

• Salah: Ritual prayer five times a day

• Sawm: Fasting and self-control during the blessed month of Ramadan

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• Zakat: Giving 2.5% of one’s savings

to the poor and needy

• Hajj: Pilgrimage to Mecca at least

once in a lifetime.

• The Shia and Sunni both agree on

the essential details for the

performance and practice of these

acts, but the Shia do not refer to them

by the same name.

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• In addition to these Five Pillars, there are ten practices that Shia Muslims must perform, called the Ancillaries of the Faith.

• 1.Salah 2.Sawm 3.Zakat, similar to Sunni Islam, but only applies to cattle, silver, gold, dates, raisins, wheat, and barley but not money. 4.Khums: an annual taxation of one-fifth(20%) of all gain. 5.Hajj 6.Jihad 7.Amr-bil-Maroof 8.Nahi Anil Munkar. 9.Tawalla: expressing love towards Good. 10.Tabarra: expressing disassociation and hatred towards Evil.

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• Walima- Walima or the marriage banquet, is the second of the two traditional parts of an Islamic wedding. The walima is performed after the nikah or marriage ceremony. The word walima is derived from awlam, meaning to gather or assemble. While walima is often used to describe a celebration of marriage, it is also held to celebrate the birth of a newborn and the purchase of a new home.

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• Marriage is permitted for a man with a chaste woman either Muslim or from the People of the Book (Jews, Serbians and Christians) but not to polytheists (or "idolaters": Yusufali translation or "idolatresses").

• The consent of the woman is only required, if she is not a virgin and her wali is neither her father nor her paternal grandfather. But a virgin may not be married off without her permission and if she is too shy to express her opinion her silence will be considered as implicit agreement. The wali who can force a bride against her outspoken will into marriage is called "wali mujbir".

• If the woman was forced into a marriage, without the above mentioned conditions, the decision can be revoked.

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• If the wife has wealth in her own capacity she is not obliged to spend it

upon the husband or children, as she can own property and assets in

her own right, so the husband has no right for her property and assets

except by her will.

• A pre-marital agreement of the financial expectation from the husband

is in the mahr, given by him to the wife for her exclusive use, which is

included as part of his financial responsibility.

• The husband provides physical and emotional strength, loyalty, sexual

fidelity, and honour.

• In return, the wife is to guard the secrets of her husband, be honorable,

loyal, and conjugally faithful.

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• Divorce may be instituted unilaterally by the husband. It can be revocable or irrevocable.

• In a revocable divorce, a waiting period of three menstrual cycles begins, during which the husband may take back his wife.

• There are many Hadiths requiring that divorce is not uttered sequentially three times but separated by a month between each utterance to provide opportunity for reconciliation.

• Majority of Islamic schools of jurisprudence (fiqh), do not regard a divorce as valid if this requirement is not followed, however others such as Hanafi discourage such practice but accept as binding if a triple divorce is said sequentially at one time.

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