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Islamic Jurisprudence Tuesday, 28 August Syllabus Core Ethical Teachings: Islamic jurisprudence • • • • 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.