Sharia Law Describe the Main

Sharia Law

Describe the main sources of Islamic law and the main features of the legal system that evolved during the early period of Islamic history.

Shari'ah law originated from the Muslim religion. This was established in the 7th century by the prophet Muhammad. The teachings of Muhammad and the Quran are the main sources of this law. As, the Shari'ah legal system was not formally established until about two centuries after his death ("Shari'ah").

The basis of Islamic law is: the complete submission of the individual to the will of Allah (God). Britannica states that "Shari'ah is not merely a system of law, but a comprehensive code of behavior that embraces both private and public activities" ("Shari'ah"). As, Muslims believe that revelations from God stopped when Muhammad died. Therefore, they see their religion and their system of laws as fixed / unchanging.

Despite the views, there was (and still is) room within the Muslim religion for: the interpretation of Muhammad's teachings as well as the text of the Quran. Therefore, judges and scholars were still needed to: interpret these teachings and codify them into actual laws. As these laws were developed, two major sects of differing opinions emerged. One sect believed that in matters outside of the specific text of the Quran, judges and scholars should be allowed to use their own reasoning when interpret the law. The other sect, believed that outside of the Quran, everyone should adhere strictly to the rules that Muhammad himself established during his lifetime (Coulson, 99).

By the early 10th century, scholars sought to: unify the differing points-of-view and interpretations of Islamic law. From this, they decided that determining some kind of legal remedy was necessary. As, a jurist should always adhere to: the Quran and the divinely inspired traditions of Muhammad first. If scholars were able to reach a general consensus that a legal remedy was in line with these teachings. Then, it would be determined as "an infallible expression of Allah's law" ("Shari'ah").

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 that consist of these duties within society include: penal law, laws of transactions, family law and succession law.