Download Islamic Jurisprudence

Islamic Jurisprudence
Tuesday, 28 August
Syllabus
Core Ethical Teachings: Islamic jurisprudence
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the Qur’an
the Sunna and Hadith
ijma’- consensus among religious leaders
qiyas - comparison with teachings of the Qur’an or Hadith
Outcome
• To outline the principal ethical
teachings and the process of
jurisprudence within Islam and
describe their importance in the life
of the adherents
Define: Islamic Jurisprudence
1. the science of ascertaining the precise terms of the
Sharīʿah, or Islamic law.
Ethical Teachings
The ethical teachings of Islam reflect the beliefs and teachings
of Islam.
Islam places very strong emphasis on the importance of right
action.
Ethical Teachings
The ethical teachings of Islam reflect the beliefs and teachings
of Islam.
Islam places very strong emphasis on the importance of right
action.
Define: Shari’a
1. Islamic Law based on the Qur’an and the sunna of the
Prophet
The Shari’a
The Qur’an sets out in broad outline the law that is
to govern human life. It represents the pre-ordained
structure of God’s commands. It makes no
distinction between family, criminal, or ritual law.
The understanding and ascertaining of that law is the
discipline of fiqh (jurisprudence).
Two Approaches
‘Ibadat
That which governs the behaviour of Muslims towards God.
These include laws about prayers, fasting, almsgiving
pilgrimages and the like. The most important of these laws
are described in the five pillars.
Two Approaches
‘Ibadat
That which governs the behaviour of Muslims towards God.
These include laws about prayers, fasting, almsgiving
pilgrimages and the like. The most important of these laws
are described in the five pillars.
Two Approaches
Mu’amala
The second type of Islamic law directly regulates the ways in
which human beings treat one another. For Muslims, there is
no distinction between the sacred and the secular.
Two Approaches
Mu’amala
The second type of Islamic law directly regulates the ways in
which human beings treat one another. For Muslims, there is
no distinction between the sacred and the secular.
Define:Sunna
1. All the traditions and practices of Muhammad that have
become models to be followed by Muslims.
The Sunna
The Qur'an is the most important
authority for Muslims followed by the
sunna of the Prophet as found in the
officially accepted accounts of what
he said and did - hadith.
The sunna confirmed the rulings of the Qur'an and detailed
some of the concepts, laws and practical matters, which are
briefly stared in the Qur'an.
Example of Sunna
The Qur'an instructs `Establish the service of worship', but
doesn't specify how to worship. By describing how the
Prophet Muhammad prayed, the sunna provides details of
what the Qur'an instructed.
The sunna and hadith are complementary sources to the
Qur'an but may not be interpreted or applied in any way that
is inconsistent with the Qur'an.
The sceptical approach:
What about issues that may not be mentioned in the Qur’an?
Define:fiqh
1. Legal rulings made by Muslim scholars that provide
guidelines on a variety of modern issues.
Fiqh
The science of Fiqh started with the expansion of Islam in
the second century when the Islamic community faced several
issues that were not explicitly covered in the Qur'an and
Sunna.
Disclamier:
Please note: All rulings of these scholars must be derived
from the teachings of the Qur’an and/or the sunna.
Contemporary Issues
The Qur'an prohibits the consumption
of alcohol, but does not mention drugs.
Based on reason (qiyas), drugs are also
illegal in Islam because the common
denominator, or reason for prohibition,
is intoxication and harmful effects on
health.
HSC Ethical Issues
1. Sexual Ethics
2. Bioethical issues
Sexual Ethics
In Islam sexual morality is clearly
defined: sexual relations outside
marriage are forbidden. By extension
this includes homosexual relations,
although in addition the Qur’an is
quite specific in condemning
homosexuality.
Homosexuality
The Qur’an is quite specific in condemning homosexuality.
And Lot! (Remember) when he said unto folk: Will ye
commit abomination such as no creature ever did before
you? Lo! ye come with lust unto men instead of women.
Nay, but ye are wanton folk. Turn them out of your township. They are folk, forsooth, who keep pure.
Surat al-A’raf 7:80-82
Contraception
Three principal views regarding contraception:
1. that it might be practised subject to no conditions
2. that its permissibility was subject to the wife’s consent
3. that it was in every case unlawful.
Concerns
The Great 12 Century scholar al-Ghazali:
• Abortion and infanticide were crimes against an
existing being, contraception was different.
• Contraception was permissible to preserve a
woman’s health or save her life, to avoid financial
hardship or avoid domestic problems.
However, some view that contraception for fear of poverty represents a lack
of trust in God promise of divine providence.
Bioethics
Dr Van Rensseleer Potter coined the term ‘bioethics’ as a
bridge between science and humanity.
Three main areas of concern in Islam
1. Organ Transplantation
2. In-vitro fertilisation (IVF)
3. Artifical insemination
Organ Transplantation
Is practiced in almost all Muslim countries.
The Qur’anic affirmation of bodily resurrection determines
many religious and moral decisions regarding cadavers.
Death is when the soul leaves the body.
Death is diagnosed by its physical signs.
In-vitro fertilisation (IVF)
The procedure is acceptable ad commendable to Islam but
only if it solely involves husband and wife and if it is
performed during the span of their marriage.
Summary
• The ethical teachings of Islam reflect the beliefs and
teachings of Islam.
• Shari’a - Islamic Law based on the Qur’an and the sunna (&
Hadith) of the Prophet.
• Fiqh - Legal rulings made by Muslim scholars that provide
guidelines on a variety of modern issues.
Not covered!
• While Islamic ethics are articulated in Shari’a, its
interpretation is not uniform among Muslims.
• Shi’i have traditionally opposed the principal of
ijma (consensus)
• Ayatollahs in Iran make binding interpretations
directly from the Quar’an.
• Sunni – rulings based on the
consensus are binding.