This essay talks that 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. …
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This report stresses that the consensus of the Muslim community and the precedents and analogy applied by Muslim scholars significantly defines Sharia. 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. 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.
This paper declares that 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
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This paper will explore some of the promises and problems of such an approach, before concluding that international law's most promising influence may not be, strictly speaking, legal. One must first understand the problematic status of international law, particularly in issues of the environment.
Literally, the word ‘islam’ means submission to the Almighty God. The teachings and ideologies of the Prophet Muhammad are embedded in Islam. For the people who follow Islam, Quran is the Word of God. “It was revealed in the Arabic language as a sonoral revelation which the Prophet repeated to his companions.” Like the Bible in the Christian world, Quran is regarded as holy and divine in the Muslim world.
In this regard, law is designed to resolve disputes and is not geared toward deciding morality.1 Thus, positive law theory, unlike natural law theory relies on the authority of the state for the application and interpretation of law, rather than the authority of morality.
The author states that it is important to establish the indispensable aspects of law so that it is possible to differentiate the legal and non-legal and also the legal validity and the legal invalidity. The law is widely known as a social institution that influences the realistic reasoning of agents.
To understand the progression of the formation of the five schools of Islamic law, it is important first to be familiar with an ancient community that was known as Medina. Many of the things that happened in Medina serve as background to the development of the Islamic schools of law, for this is where the Prophet Muhammad lived.
Every time with critical legal methodology, which lays emphasis on diverse, change and dissension in the 'normative' lives of humans and which is principally regulated to routes of inter-normativity, finally what is 'unorthodox dogma' in one normative order perhaps apostasy in another one; and what is apostasy in one perhaps rendering in a third one.
This research essay will also analyse in detail the Islamic jurisprudence in employing chemical weapons against Iran and innocent civilians by Saddam regions and whether Saddam acted against the Quran preaching.
The occupation of Iraq in
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