8: Shari'a and its consequences

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Shari'a originally meant "the way to a watering place"

prominence due to a lack of distinct sacred institution to convey Islamic teaching.

Shari'a encompasses wide range of human action...not just law but also ritual/habits/customs.

4 sources of Shar'ia:

Qur'an is primary source of Islamic law...various rules and principles concerning : diet, inheritance, family and marriage law...but only 10% of Qur'an contains legal material.

Sunna is the example of the prophet as recorded in the hadiths.

ijna is "consensus"...stems from prophet saying "my community will never agree upon an error". consensus eventually became interpreted by ulama to judge according to traditions.

Qiyas provides a way to extend scope of precedents....far from straight forward

5 schools of Islamic law: 4 sunni, 1 Shi'ite.

5 categories in which classical law interprets human behaviour: Obligatory/ forbidden/ recommended/ discouraged/ neutral.

Ijtihad is translated as "effort" in context of interpreting Shari'a as new interpretation...refers to independent reason needed to discern shari'a in new or changing circumstances.

Quadi judge in shari'a court aims to administer justice that puts people in a position to negotiate own allowable (established by God) relationships rather than bringing them in line with a higher authority.

emphasis on correct practice rather than belief means Islam imprints deeply on daily life....Shari'a main vehicle for this.

construction of society based on individual relationships prevents development of corporate entities and public sphere....thus restricts commerce and democratic politics.

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