The Islamic legal system

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*The Islamic legal system:
Barnoss Ayoub and Mohammed charif
Gr. 20ll2a

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PLAN
• The Islamic legal system:
1. Sharia law
2. General characteristics
3. The history of its Development
4. Sources of law
5. Example (From the family law)

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The Islamic legal system:

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1- Sharia law
• Sharia is Islam's legal system. It is derived from the Quran, Islam's
holy book, as well as the Sunnah and Hadith - the deeds and sayings
of the Prophet Muhammad. ... Sharia acts as a code for living that all
Muslims should adhere to, including prayers, fasting and donations to
the poor.
• The classical sharia system is exemplified by Saudi Arabia and some
other Gulf states. Iran shares many of the same features, but also
possesses characteristics of mixed legal systems, such as a parliament
and codified laws.

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2- General characteristics
• After a lot of researches concerning Islamic law, the scholars of Islam had
found therein a number of characteristics features including:
• First, it based on divine sources because the Islamic law, its principles, its
methods are derived from Glorious Quran and Sunna of the prophet
Muhammad( peace be upon hi).
• Allah the almighty says about Holy Quran: « falsehood cannot come to it
from before it or behind it: ( it is) sent down by all wise, worthy of praise (
Allah ) » ( Fussilat 41: 42).
• Allah the almighty says about sunna of prophet:« nor does he speak of his
own desire, It is only a revelation »
• Second, it is comprehensive in terms of its ruling, methods, and ethics.
therefore It covers all aspects of life. Allah says: « And there is no creature on
the earth or bird that flies with its wings except (that they are) communities
like you. We have not neglected in the Register a thing. Then unto their Lord
they will be gathered» ( 6: 38)

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• Third, It is universal in a way that is not only limited to a specific human
race, certain places, or color.rather.it is guidance for all humanity. Allah the
almighty says: « and we have sent you (o Muhammad) except as a mercy to
the worlds » (Al-Anbiya 21:107)
• Forth, It is moderate and balanced in terms of its view of man with its two
essential components, namely the spiritual and the physical aspects of his
nature. Allah the Almighty says:« But seek, through that which Allah has
given you, the home of hereafter; and yet do not forget your share of the
world » ( AlQasas 28:77)
• fifth, it is rational and realistic because it deals with tangible facts, not
illusions and superstitions.
• sixth, it is easy and free of hardships ;« Allah the exalted says: Allah intends
for you ease and does not intend for you hardships» (Al-Baqarah 2:185)[1]
• finally, this is our wonderful religion which was named Islam, so do not
think that Islam is only a system of belief, but it is comprehensive way of
life for all human being.

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3- The history of its Development
• Before Islam, the nomadic tribes inhabiting the Arabian peninsula
worshiped idols. These tribes frequently fought with one another. Each
tribe had its own customs governing marriage, hospitality, and revenge.
Crimes against persons were answered with personal retribution or were
sometimes resolved by an arbitrator. Muhammad introduced a new
religion into this chaotic Arab world. Islam affirmed only one true God. It
demanded that believers obey God’s will and laws.
• The Koran sets down basic standards of human conduct, but does not
provide a detailed law code. Only a few verses deal with legal matters.
During his lifetime, Muhammad helped clarify the law by interpreting
provisions in the Koran and acting as a judge in legal cases. Thus, Islamic
law, the Sharia, became an integral part of the Muslim religion.

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• Following Muhammad’s death in A.D. 632, companions of Muhammad ruled
Arabia for about 30 years. These political-religious rulers, called caliphs (KAY
liff), continued to develop Islamic law with their own pronouncements and
decisions. The first caliphs also conquered territories outside Arabia including
Iraq, Syria, Palestine, Persia, and Egypt. As a result, elements of Jewish, Greek,
Roman, Persian, and Christian church law also influenced the development of
the Sharia.
• 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.

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• Following a period of revolts and civil war, the Umayyads were
overthrown in 750 and replaced by the Abbasid dynasty. During the
500-year rule of the Abbasids, the Sharia reached its full
development.

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4- Sources of law (The Qurʾān and the Sunna)
• The two primary and transmitted sources of Islamic Law are the Qurʾān and
the Sunna (Prophetic traditions and practices). This combination of the two
crucial sources of Islamic Law is seen as a link between reason and revelation.
Indeed, the marriage between these two sources has resulted in the
emergence of Islamic Law [8: p. 15].
• The Qurʾān is considered the most sacred and important source of Islamic Law,
which contains verses related to god, human beliefs and how a particular
believer should live in this worldly life. The human conduct that should govern
the believers’ life, which is clearly stated in the Qurʾān, is indeed the domain of
Islamic Law. The Qurʾān comprises about five hundred legal verses that
explicitly set out legal rulings that need to be applied by all believers [8: p. 16].
Even non-legal verses in the Qurʾān do support the establishment of the legal
system of Islami.

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• The second primary and transmitted source of Islamic Law is the
Sunna, which represents the Prophet Mohammad’s (peace be upon
him) deeds and sayings, which were formulated in the form of
narratives and became known as Prophetic Ḥadīth [8: p. 16].
• The Sunna also comprises a number of legal provisions that must be
applied by all believers of Islam. Certain legal rulings in these
transmitted Islamic sources are definitive. In other words, the lawgiver (God) has formulated them in such a way which does not need
personal legal reasoning and is not open to different interpretations
as they are clear and definitive.

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• Conversely, there exists a corpus of legal contents stated in both the
Qurʾān and the Sunna, the application of which requires reasoning.
The law-giver who has formulated certain legal rulings stated in the
Qurʾān and the Sunna in such a way that never accepts two different
interpretations, could have also done the same with regard to the rest
of legal contents laid down in the aforementioned Islamic sources.

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Sources of law (Legal Reasoning)
• Legal reasoning (ijtihād) is an untransmitted source of Islamic Law, whose
emergence is due to the fact that Islamic jurists could not always interpret
the language of the Qurʾān and that of the Sunna in the same way arriving
at the same legal result, rather they frequently differ in their
interpretations of certain Qurʾānic verses and particular Prophetic
traditions, reaching different legal rulings.
• This is owing to the fact that the law-giver has deliberately set out a
number of legal rulings in these two revealed legal sources, and formulated
them in such a way that makes them open to reasoning and juristic
interpretation so that the law becomes legally valid on a permanent basis
and is susceptible to development as new legal issues emerge. Hallaq [8: p.
19] points out that certain terms in the Qurʾān and the Sunna can have
more than a single legal interpretation. Metaphorical lexical items, for
instance, need to be interpreted to convey specific legal meanings.

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5- Example (From the family law)
• Family law always made up an important part of the Sharia. Below are
some features of family law in the classic Sharia that would guide
the Judge in making his decisions:
• Usually, an individual became an adult at puberty.
• A man could marry up to four wives at once.
• A wife could refuse to accompany her husband on journeys.
• The support of an abandoned infant was a public responsibility.
• A wife had the right to food, clothing, housing, and a marriage gift from her
husband.

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• When the owner of a female slave acknowledged her child as his own, the child
became free. The child’s mother became free when the owner died.
• In an inheritance, a brother took twice the amount as his sister. (The brother
also had financial responsibility for his sister.)
• A husband could dissolve a marriage by repudiating his wife three times.
• A wife could return her dowry to her husband for a divorce. She could also get
a decree from a kadi ending the marriage if her husband mistreated, deserted,
or failed to support her.
• After a divorce, the mother usually had the right of custody of her young
children.

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Conclusion:
• Here are the important information to be grasped from this
presentation including the Islamic law (or Sharia law):
1. . The Islamic law (also known as the sharia law) is more seen in Arabic
countries such as Saudi arabia (and Morocco but with a decreased
application degree).
2. . The main sources of Sharia law are: The Qurʾān, the Sunna, and Legal
Reasoning.
3. . The Islamic law is a classical system of governing applied in Islamic
countries and tribes since 632 A.D.