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

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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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The Role of the Schools of Jurisprudence in Preserving Islamic Law
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Download file to see previous pages 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 ...Download file to see next pagesRead More
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