The Role of the Schools of Jurisprudence in Preserving Islamic Law - Essay Example

? The Role of the Schools of Jurisprudence in Preserving Islamic Law The Role of the Schools of Jurisprudence in Preserving Islamic Law The Islamic law refers to Sharia that is an Arabic word meaning "the right path." The Islamic law governs all aspects of the Muslim life, which include their religious practices, financial dealings, family matters, and all daily routines. The Islamic law originates from the holy book of Islam, Quran, the sayings, practices, and teachings of the Prophet Mohammed, Sunna, and the interpretations of Prophet Mohammed teachings by Muslim legal academicians. The Islamic law relies solely on faith where Allah mandates all Muslims to obey the Sharia. Notably, Islamic law affects the legal code of various Muslim countries and the personal status law that relates to marriage, divorce, custody, and inheritance. As such, its influence is synonymous and specifically preserves five things that include religion, lineage, life, property, and intellect (Mallick, 2012). The consensus of the Muslim community and the precedents and analogy applied by Muslim scholars significantly defines Sharia (Johnson & Vriens, 2013). The Islamic law follows the concept of ‘rule of law’ and is therefore published and known to all citizens and courts for purposes of implementation. Additionally, the legislation of a body of legal injunctions ensures the realization of the sharia objectives. Sharia has direct links with jurisprudence. Firstly, Islamic law not only governs all aspects of Muslim’s life but also influences criminal and civil justice (Lewandowska, n.y). Indeed, the Sharia history relates to political and social developments that led to opportunities and challenges for the jurists. Moreover, different madhabs, or schools of thought, came to life after the emergence of Islamic law. The main purpose of the schools of jurisprudence was to rescue the Islamic law from absorption by the administrative legal system thus reestablishing the link between the law and religion. As such, the schools of Jurisprudence played a fundamental role in the preservation of Islamic Law. However, the practice of Muslim faith and the interpretation of the Islamic law has been growing and equally becoming challenging with time. Nevertheless, consistent studies and debates among legal scholars, religious, and political leaders maintain the life of Islam in the modern world. Notably, the schools of jurisprudence originated from different places with significant effects on decisions relating to Islamic law and Islamic faith. Specifically, the Islamic schools of jurisprudence include the Qur’an, personal interpretation, the Sunna of the Prophet, and the community’s consensus (Lewandowska, n.y). Ideally, the schools of Jurisprudence lay down the legal theory allowing a judge to establish the legality and morality of an act by a Muslim thus preserving Sharia. Indeed, the main aim of the Islamic schools of jurisprudence to define the normative Islamic conduct as established under the Islamic law and in relation to legal precedents and principles. This ensured that Sharia reigns. Moreover, the schools of jurisprudence initiated the ‘closing the gate of Islamic jurisprudence’, which denied future scholars to invent legal principles that guarantee equal freedom between the Qur’an and the Prophetic traditions and their predecessors (Lewandowska, n.y). This played a significant role in preserving the Sharia and the methodologies and traditions of ancient Islamic schools of jurisprudence. As a result, the schools of jurisprudence seemingly reinstated the Islamic law and social order to the foundations of Islamic religion. In fact, the Islamic schools of jurisprudence resisted the Western influences thus preserving the Muslim character and the character of Islam legal opinions. Furthermore, Prophet Mohammad was significant in encouraging Quran teachers in different parts of the Islamic territories to teach the Islam how to read and write the Quran. As a result, many people got to know about the Islamic law and therefore even as the publication of the Sharia took place during the time of Prophet Mohammad. In this way, Prophet Mohammed led to the preservation of the Islamic law (Correct Islamic Faith, 2012). More so, there were 7 recitals and 10 recitals from the time of Prophet Mohammad that promoted the growth of the Islamic law (Correct Islamic Faith, 2012). At the same time, the companions of Prophet Mohammed collected the people of Ahadith and prominent Imams of Ahadith compiled these traditions in book forms. As a result, there was authentic and systematic preservation of the traditions prophet Mohammed. Most assuredly, the four schools of thought in Islamic Jurisprudence, which include Fiqh, Hanafi, Maliki, Shafi’i, and Hanbali, possess a clear definition of the methodologies relevant for interpreting Islamic law (Johnson & Vriens, 2013). This plays a major role in the preservation of Islamic law. On the other hand, Muslim judges faced challenges in different countries while seeking to base their judgment on the Quran and act according to Sunnah. In such a case, they relied on their Jurisprudential abilities, which considered the customs in that area and the sharia and equally opposed the earlier schools of thought who simply relied on opinion (Correct Islamic Faith, 2012). This preserved the Islamic law even in unfamiliar territories. Accordingly, the Hanafi school of thought is seemingly compassionate on people as it has openhearted religious orientation, which promotes True Islamic Faith and accommodates the arguments among Muslims. This clearly seeks to ensure that everybody has a comfortable place in the Islamic religion and that the preserve of the sharia persists. Ideally, the Hanafi school of thought involves the relevant process of referring to the Quran and the Sunna with a view of establishing an example, which is consistent with the sharia that conveniently solves the reference issue (Correct Islamic Faith, 2012). Entirely, this relates to the determination of logical conclusion to facilitate Islamic jurisprudence in a given case. This plays a significant role in preserving the Islamic law. In a similar manner, after the period of imitation, the Islamic jurisprudence entered the renewal process with an aim of rejuvenating the Muslim laws in line with the Ijtihad (Abdullah, et al. (2013). Most assuredly, the modern developments in human life led to the emergence of new human challenges that sought the address of the Islamic law. In order to address these challenges and preserve the Islamic law, the Islamic schools of jurisprudence ensured that the Islamic law was consistent with the current trends. As a result, there were many Islamic legal thoughts that sought to develop the Islamic jurisprudence and preserve the sharia (Mallick, 2012). More so, in the modern world, sharia incorporates itself in the political systems. For example, many Muslim countries adopt a dual legal system, which allows the Muslims to bring family and financial issues to a sharia court in a secular government. Such a system varies between countries and considerably preserves the Islamic law (Johnson & Vriens, 2013). In addition, we have countries that regard sharia as the source of law where Muslim is the official religion. Such governments like in Saudi Arabia and Yemen derive their legitimacy from the sharia and all legislations in this case must be consistent to the Islamic law. This clearly fosters the practice, application, and preservation of the Islamic law. In other cases, we have secular Muslim countries where Islamist parties can even vie for political offices thus influencing the customs of the country and ensuring the upholding of the sharia law (Johnson & Vriens, 2013). Furthermore, in the school of Islamic jurisprudence, the judges base their decisions on two beliefs, which include the fact that Allah gives the laws for the creation to follow and that Allah’s laws are rational, and rely on purposes and values (The Islam Project, n.y). In these beliefs, it is clear that the preserve of the sharia remains supreme. Indeed, in making a legal decision, the judge begins with the source of Islamic knowledge and considers the evidence before embarking on the decision making process (The Islam Project, n.y). This manifests clear promotion of the Islamic law. More so, the Muslim jurists continued to preserve the Islamic law under the schools of jurisprudence by writing books and commentaries on sharia law basing it on the founders and passing it to future generations (Lewandowska, n.y). Most certainly, the Islamic school of jurisprudence referred to Islamic law as an immutable religious law and thus people had to comply with it. Indeed, Muslims can interpret the Islamic law but could not legislate it, which emphasizes on the character of Islamic law as a preserved divine law. This theory was significant in maintaining the value of the Islamic law. At the same time, jurists relied on the same texts in their works, which shows the contribution of the sharia law towards enhancing its preservation. Similarly, the design of some of the doctrines of usul, which includes the community consensus and the analogical reasoning, sought to establish the stability of the Islamic law and hinder the impact of foreign traditions into the jurisprudence of Islam. As such, they played a major role in the preservation of the Islam law (Lewandowska, n.y). In conclusion, I establish Islamic law relies on the Quran, the sayings, practices, and teachings of the Prophet Mohammed, Sunna, and the interpretations of Prophet Mohammed teachings by Muslim legal academicians, community consensus, and the analogical reasoning. Additionally, Islamic law governs all aspects of Muslim’s life and equally influences criminal and civil justice. As such, various schools of jurisprudence came to life after the emergence of Islamic law with an aim of rescuing the Islamic law from absorption by the administrative legal system thus reestablishing the link between the law and religion. Therefore, the Islamic schools of jurisprudence played various significant roles in preserving Islamic law up to this day. References Abdullah, A.B et al. (2013). Postmodernism Approach in Islamic Jurisprudence (Fiqh). Middle East Journal of Scientific Research 13 (1): 33-40. Correct Islamic Faith. (2012). An Overview of Islamic Jurisprudence. Retrieved from: http://www.correctislamicfaith.com/islamicjurisprudence.htm Johnson, T., & Vriens, L. (2013). Islam: Governing Under Sharia. Retrieved from: http://www.cfr.org/religion/islam-governing-under-sharia/p8034 Lewandowska, A.B. (n.y). Discuss the role of the schools of jurisprudence in preserving Islamic Law. Retrieved from: http://alewandowska.wordpress.com/academic-work/ac_3/ Mallick, A.S. (2012). The Aims and Purposes of Sharia. Retrieved from: http://insideislam.wisc.edu/2012/04/the-aims-and-purposes-of-sharia/ The Islam Project. What is Sharia? Major Sources and Principles of Islamic Law. 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