The Shari'a and Islamic law in practice

Overview

Recall questions on Shari'a and fiqh, the scriptural and non-scriptural sources of law, ijtihad and taqlid, the madhhabs, rulings on intoxicants, riba and tobacco, the aims of the law, Shari'a in daily life, and whether Islamic law can answer new problems.

What you need to know

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Questions from this subtopic

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1. 1

   What does the word Shari'a mean, and what does it refer to?

   Model answer

   The term originally denotes the path leading to water, the route to what sustains life, and it is used for the way of life God has laid down. As Muslims use it, Shari'a is the totality of divine guidance: acts of worship, family and commercial dealings, criminal matters, diet, dress and personal conduct. It is understood as complete, unchanging and God's own, which is why Muslims speak of it as an ideal rather than as a code any state has ever fully embodied.

2. 2

   What is the difference between Shari'a and fiqh?

   Model answer

   Shari'a is the divine way itself, perfect and known fully only to God. Fiqh, literally understanding, is the body of law that qualified scholars have derived from the sources by human reasoning. The distinction matters because it makes rulings revisable and contestable without implying that God's law is defective: where jurists disagree, what differs is their grasp of the Shari'a, not the Shari'a itself. It also underwrites the humility with which classical jurists ended opinions by saying that God knows best.

3. 3

   What are the scriptural sources of Islamic law?

   Model answer

   The Qur'an comes first, treated as God's own speech and the highest authority, though only a minority of its verses are legal in content. The Sunna, the Prophet's normative words, deeds and approvals as preserved in hadith, comes second, and it specifies and supplements what the Qur'an leaves general, since scripture commands prayer without setting out how to pray. Where a sound report conflicts with a Qur'anic ruling, jurists work to reconcile them, and the Qur'an prevails if they cannot.

4. 4

   What non-scriptural sources do Sunni jurists recognise?

   Model answer

   Consensus, ijma', the agreement of qualified scholars, which once established is treated as binding. Analogical reasoning, qiyas, which extends a ruling from a case in the texts to a new case sharing the same operative cause. Custom, urf, the accepted practice of a society, which is respected where it does not contradict revelation and which explains much regional variation in Muslim life. Schools also use tools such as juristic preference and public interest. Twelver Shi'a jurisprudence recognises reason, aql, in place of qiyas.

5. 5

   What is ijtihad?

   Model answer

   Ijtihad is the disciplined effort of a qualified jurist to derive a ruling from the sources by his own reasoning. It requires knowledge of Arabic, of the Qur'an and its interpretation, of hadith and their reliability, of the points on which consensus exists and of the methods of legal reasoning. A jurist who exercises it is a mujtahid, and Muslim tradition holds that one who reasons carefully is rewarded even if the conclusion turns out to be mistaken, which shows that error in this process is expected rather than scandalous.

6. 6

   What is taqlid, and how does it relate to ijtihad?

   Model answer

   Taqlid is following the authority of an established scholar or school rather than deriving a ruling oneself. Since most Muslims lack the training for ijtihad, taqlid is the ordinary way that law reaches everyday life, and it gives the system stability and consistency. The two are complementary: taqlid transmits and applies settled positions, while ijtihad addresses what the school has not settled. Reformers have criticised taqlid for producing rigidity, while defenders argue that unregulated individual reasoning produces incoherence and empowers the unqualified.

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