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By this time the Shari'ahs' now had four schools of thought established. These are still prominent today to include: Hanafi, Maliki, Shafi'i, and Hanbali. Considered the most liberal of the schools, Hanafi puts a greater emphasis on the use of reason and it is the most popular school of thought in the Muslim world. Maliki law is largely based on: narrations of the words and deeds of Muhammad. Shafi'i believes in the order of importance in interpreting the law to include: the Quran (first), the sunnah (second), consensus (third) and lastly analogy. Finally, the philosophy known as Hanbali is considered to be: the most strict and conservative school of jurisprudence (Coulson, 79).
Shari'ah law is unique in that it was imposed on society from above. Therefore, in Islamic jurisprudence it is not a society that moulds and fashions the law, but the law that precedes and controls it ("Shari'ah"). This consists of both duties that each individual owes to his fellow man and to Allah. The various regulations...
Family law is patriarchal. As, fathers have the right dictate who their daughters will marry and to polygamy (Coulson, 18). Also, divorce laws heavily favor the males, although females do have certain rights.
Shari'ah law is traditionally administered by a single judge. This person is the arbitrator of the facts and the law (Shari'ah"). After the judge made the initial decision, witnesses could still be heard and then a verdict would follow.
Bibliography
Coulson, Noel J. A History of Islamic Law. Scotland: Edinburgh University Press, 1995. Print.
"Shari'ah." Encyclopedia Britannica. 2011. Encyclopedia Britannica 2006 Ultimate Reference Suite DVD. 5 May 2011.
Bibliography
Coulson, Noel J. A History of Islamic Law. Scotland: Edinburgh University Press, 1995. Print.
"Shari'ah." Encyclopedia Britannica. 2011. Encyclopedia Britannica 2006 Ultimate Reference Suite DVD. 5 May 2011.
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