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Sharia

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For Islamic jurisprudence, see Fiqh.
"Islamic law" redirects here. For other uses, see Islamic law (disambiguation).
Not to be confused with Saria, Shahriyar, Shara, or Shariyah.

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Sharia (/ʃəˈriːə/, Arabic: ‫شريعة‬ [ʃaˈriːʕah]), Islamic law, or redundantly Sharia law, is


a religious law forming part of the Islamic tradition.  It is derived from the religious [1][2]

precepts of Islam, particularly the Quran and the hadith. In Arabic, the


term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which
refers to its human scholarly interpretations.  The manner of its application in modern
[3][4][5]

times has been a subject of dispute between Muslim fundamentalists and modernists. [6][1]

Traditional theory of Islamic jurisprudence recognizes four sources of Sharia: the


Quran, sunnah (authentic hadith), qiyas (analogical reasoning),  and ijma (juridical [note 1]

consensus).  Different legal schools—of which the most prominent


[8]

are Hanafi, Maliki, Shafiʽi school, Hanbali and Jafari—developed methodologies for


deriving Sharia rulings from scriptural sources using a process known as ijtihad. [3]

 Traditional jurisprudence (fiqh) distinguishes two principal branches of


[4]

law, ʿibādāt (rituals) and muʿāmalāt (social relations), which together comprise a wide


range of topics.  Its rulings are concerned with ethical standards as much as with legal
[3][5]

norms,  assigning actions to one of five


[9][10]

categories: mandatory, recommended, neutral, abhorred, and prohibited.  Thus, some [3][4][5]

areas of Sharia overlap with the Western notion of law while others correspond more
broadly to living life in accordance with God's will. [4]

Classical jurisprudence was elaborated by private religious scholars, largely through


legal opinions (fatwas) issued by qualified jurists (muftis). It was historically applied in
Sharia courts by ruler-appointed judges, who dealt mainly with civil disputes and
community affairs.  Sultanic courts, the police and market inspectors administered
[3][5]

criminal justice, which was influenced by Sharia but not bound by its rules.  Non- [11][5]

Muslim (dhimmi) communities had legal autonomy to adjudicate their internal affairs.
 Over the centuries, Sunni Islam muftis were gradually incorporated into state
[4]

bureaucracies,  and fiqh was complemented by various economic, criminal and


[12]

administrative laws issued by Muslim rulers.  The Ottoman civil code of 1869–1876 was


[13]

the first partial attempt to codify Sharia. [14]

In the modern era, traditional laws in the Muslim world have been widely replaced by
statutes inspired by European models.  Judicial procedures and legal education were
[4][15]

likewise brought in line with European practice.  While the constitutions of most Muslim- [4]

majority states contain references to Sharia, its classical rules were largely retained only
in personal status (family) laws.  Legislators who codified these laws sought to
[4]

modernize them without abandoning their foundations in traditional jurisprudence. [4]

 The Islamic revival of the late 20th century brought along calls


[14]

by Islamism movements for full implementation of Sharia, including hudud corporal


punishments, such as stoning.  In some cases, this resulted in traditionalist legal
[4][14]

reform, while other countries witnessed juridical reinterpretation of Sharia advocated by


progressive reformers.  Some Muslim-minority countries recognize the use of Sharia-
[4][14][16]

based family laws for their Muslim populations.  Sharia also continues to influence [17][18]

other aspects of private and public life.


The role of Sharia has become a contested topic around the world.  Introduction of
[4]

Sharia-based laws sparked intercommunal violence in Nigeria  and may have


[19][20]

contributed to the breakup of Sudan.  Some jurisdictions in North America have


[4]

passed bans on use of Sharia, framed as restrictions on religious or foreign laws.


 There are ongoing debates as to whether Sharia is compatible
[21]

with democracy, human rights, freedom of thought, women's rights, LGBT rights,


and banking.[22][23][24]

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