Islamic law - Islamic law
SOURCES OF ISLAMIC LAW: Wednesday, February 23, 2011
Ver Fotos De Pati Nabida
A - SOURCES.
The first source is the Qur'an. God is the only legislator: "He has established for you, in religion the same way he had recommended to Noah, Abraham, Moses, Jesus, and what we reveal to you O Muhammad." The law is known through the revealed word of God, the Koran.
The second source is the corpus of Hadith, which contains the words and deeds of Muhammad, that is, the Sunna (tradition of the Prophet). Towards the end of the seventh century, the prophetic Sunna began to be considered a source of interpretation of the Koran and the hadith it was the document, the first oral then written. Shortly after it formed small collections, while the ninth back classic collections of hadith, classified by themes of the two most important are those of Al-Bukhari (d. 870) and Muslim (d. 875). The Islamic system says that the Qur'an is revealed by God to the Prophet, while the hadith is inspired, that contains the words and actions inspired by God to Muhammad 
The hadith are production ended, nearly one million are known, collected and sorted in several different processed by traditionalists. These collections have a different normative for Muslims, they consider worthy of the utmost account of those of Al-Bukhari and Muslim, both called Al-Sahih (authentic). Islamic scholars consider authentic hadith about 7000. The road
vast majority of hadith were manufactured during the early centuries of Islam without any direct relation to the Prophet or his immediate companions, and for various political, sectarian, heretical doctrine, attributed to customary post-Prophet In support of the authorities. The hadith is therefore a source of religion and the law inevitably at the center of fierce debates about its reliability.
B - Fiqh.
After the death of Muhammad the growing problems of the Ummah require new solutions, and from that moment he began to establish Islamic law in the strict sense and that is the Fiqh.
thrusters it in the first two centuries of Islam, were those "devotees" who, wishing to impress the right to moral and religious ideas began a personal reflection for Islamization of society, through the application of Sharia. Even in the era of the Umayyad caliphs appointed governors of provinces the first judges (Qadi) to resolve disputes among Muslims. It was Therefore, the religious courts, in which modernize the administration of justice through tribal arbitration transition state which was the guarantor of justice. The passing of sentences reflecting on Sharia Qadi primary, but also by referring to the customary law of the Arabs and the legal institutions of the conquered countries, because the primary sources did not solve all situations. They exercised a role of creative interpretation, through reasoning (Ijtihad, an ongoing effort to personal reflection). In addition to the exercise of reasoning by analogy to solve new cases with similar cases in the Qur'an, the hadith and in the previous case they exerted based on Ijtihad two main sources and Ra 'Y (personal opinion). 
The Ra'y is the opinion of the jurist "in equity" which may be for discretionary review (Istihbab) of personal decision and rational (Istihsan) and chosen based on the general (or Istihlah maslaha). At the time of the Umayyad caliphate arose the schools of law (Madha 'Ib) in which each member retained a great deal of freedom of opinion. School sites were the main Kufa, Basra, Medina, Mecca and Damascus that were developed independently of each other. The legal theory in schools was drawn up in legal traditions calls Living Sunna or 'ideal practice Amal (dall'Ijma unified, consensus of the scholars of the middle school level).
Ijma acquired great importance due to a hadith regarding the infallibility of the Ummah, "My community does not grant ever to a mistake." In this way the Ijma soon became the third source of law after the Qur'an and the hadith. The schools quickly became personal in schools based on the tradition of the master and his successors. So Kufa became the school of Abu Hanifa, the Medina school Anas Ben Malik, a school was less than that of Sufyan Al-Thawri, Syria was based on Al-Awza 'I, then started the schools of the followers of Al-Shafi' I was born and Ibn Hanbal, and finally the school of Zahiriyya. After 1300 only survived the four classical schools. Shortly before the year one thousand sources of Islamic law were established and the great historian al-Tabari called the Sunna of wisdom such as the Islamic Koran, the religious knowledge and the Fiqh, which became the canonical sources of the following: The Quran, source text revealed by God and the Hadith / Sunna (tradition or inspired source text); Ijma (expressed by the legal consent of the Umma) Ijtihad (personal reflection of the efforts of teachers in schools) 'Urf (custom, if only by a few lawyers.
These principles are called Usul al-Fiqh (Sources of Law). The science around them is was built was systematized by the important leader Al-Shafi'i school: "The Koran and the Sunna are expressed as the absolute authority and primary schools: in particular it is noted that the Koran contains verses about 700 of which 500 relate to the legal and Ibadat 200 Mu'Amalat. Furthermore, the Sunnah has become over time the support of conservative Arab traditionalist, yet has undergone great changes, and in fact the Quran Sunna called the custom of God (ie the usual way of behaving. After death of the Prophet's Sunna pointed to the words and actions of Muhammad and his Companions, inspired by God and binding: "We sent a messenger to be obeyed by the will of God." Muhammad is considered example for the entire community: "You have a fine example in the Messenger of God for you, for he who hopes in Allah and the Last Day and remembers God often." With the advent of Islam the caliph stuns the role of the ancient court of justice administration and he himself became the producer of the Sunna. As the Islamic empire expanded rapidly, the caliph could not personally carry all the judicial role, and delegated the administration of justice but remains the owner. In this way the concept of Sunna had evolved through the legal schools of Fiqh. Thus was born the idea of \u200b\u200bthe Sunna of the Prophet, which is contained in the hadith that gradually became a source of objective law for pressure transmitters and the hadith that came to be identified with the practice, uninterrupted current ideal of the Ummah and the doctrine of the Ulema.
Thanks all'Ijma all'Ijtihad and Islamic law in the first three centuries was a system capable of meeting the needs socialu, even if it subsequently became a static and sacral.
As the cultural and social change was unstoppable in the new situations of life resorted to the use of the Fatwa (legal consultation and the response of a lawyer). Fatwa endorsed by the consensus of scholars to become part of the heritage of law schools. Then we added the doctrine that the great Ulema the past have outlived their function and that lawyers should be limited to explain and apply the doctrine laid down once and for all. The current thinking of the schools came to be attributed respectively to one or another companion of the Prophet chose as its founder, while closing the doors of Ijtihad led to the establishment of four major schools of law that define some differences in the fundamentals and contained the orthodoxy of interpretation of Sharia.
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