Understanding Sharia Law
In the realm of Islamic jurisprudence, scholars define Sharia rulings as the divine instructions related to the actions of the obligated individuals. These rulings can be categorized into three aspects: obligation, permissibility, and status. The consequences arising from a Sharia directive, such as an obligation or its absence, are what constitute the legal ruling rather than the directive itself.
Categories of Sharia Rulings
Based on this definition, Sharia rulings broadly fall into two categories: primary legal rulings (taklif) and secondary legal rulings (wadaa). To comprehend these categories, it is essential to understand that the concept of ‘obligation’ within the definition refers to the legal demands imposed on individuals. This is termed ‘taklif’ because it carries a burden for the individual. On the other hand, the term ‘permissibility’ indicates that a person has the choice to act or refrain from acting; hence, there is no directive to command or forbid. Both the mandatory ruling and the permissive ruling encapsulate what is meant by the obligation category. Conversely, the secondary ruling emerges from the term ‘status’ referenced in the previous definition, denoting legal provisions related to determining something as a cause, condition, impediment, valid, or invalid. Each of these categories contains various scenarios, rules, and detailed regulations as elucidated by legal scholars.
Sources of Sharia Law
The sources of Islamic legislation include those widely agreed upon by the majority of scholars and those subject to differing opinions. A summary of these sources includes:
- Consensus sources:
- Primary sources: These are the Holy Quran and the authentic Sunnah.
- Secondary sources: These encompass consensus (ijma) and analogy (qiyas).
- Controversial sources:
- Statements of companions (sahabah).
- Preference (istihsan).
- Blocking the means (sadd al-dhara’i).
- Presumption of continuity (istishab).
- Custom (urf).
- Legislation from prior nations (shara min qablina).
- Public interest (masalih mursala).
Characteristics of Sharia Law
The rulings of Islamic Sharia are distinguished by their divine origin, established by Allah as a benevolent gift and mercy for His creation. As stated in the Quran: “This day I have perfected your religion for you, completed My favor upon you, and have chosen for you Islam as your religion.” Consequently, Islamic legislation possesses numerous distinctive attributes. Its principles are unchangeable and not subject to alteration at will. However, it retains a degree of flexibility that enables it to address the evolving needs of humanity across different times and places; it is a legal system that adapts to development and acknowledges human necessities. The field of contemporary issues (fqh al-nawazil) among Muslim scholars exemplifies this adaptability. Additionally, Sharia rulings are characterized by being ease-oriented and accessible; they impose no undue hardship or intricacy on individuals. Obligations are determined according to a person’s capabilities, as highlighted by the divine saying: “Allah does not burden a soul beyond that it can bear.”