Institutes of Islamic Law

Vít Šisler
Charles University in Prague
vsisler [at] gmail.com

http://uisk.jinonice.cuni.cz/sisler
Introduction to Islamic Law – Institutes of Islamic Law

Fiqh – Islamic Jurisprudence

Qadi – state appointed judge
Mufti – ‘private’ Islamic Scholar

Dispensing legal opinions – Ifta

Mufti, Mustafti
Fatwa
An answer to a real or hypothetical inquiry which reflects a legal
conviction of an individual scholar, based mainly on older rulings and/or
his own interpretation of the religious texts. As such it is not legally
binding, but the individual petitioner is advised to follow it. The
persuasive power of the respective fatwa is thus based mainly on the
authority of the scholar (mufti) who issued it.
Introduction to Islamic Law – Institutes of Islamic Law

Islamic Law is to a great extent private-made normative system.

Faqih, fuqaha (pl.)

The Four Main Schools of Sunni Islamic Law

• Shafi'i (Indonesia and Malaysia)
• Hanafi (Turkey, the Balkans, Central Asia, Indian subcontinent, Egypt,
China)
• Maliki (North Africa, West Africa and several of the Arab Gulf states)
• Hanbali (Arabia)

The Main Other Branches of Islam

Shi`a
Sufism
Introduction to Islamic Law – Institutes of Islamic Law

Legal Qualification of Persons (Classical Law)

• Free
• Slave

• Muslim
• Non-Muslim

• Man
• Woman

• Mature (baligh), Sane (‘aqil), Blameless (‘adl), etc.

Introduction to Islamic Law – Institutes of Islamic Law

Legal classification of Human Behaviour

• fard, wajib – duties
• sunna, mustahabb, mandub – recommended
• mubah – indifferent
• makruh – disliked, offensive
• haram – forbidden

Classification of Legal Acts

• sahih, nafidh - valid
• makruh – formally valid but ‘unfair’ or wrong
• fasid – formally void, could be corrected
• batil – null and void
Introduction to Islamic Law – Institutes of Islamic Law

Ahwal ash-shakhsiya (Personal Status)

Family Law, Matrimonial Law, Heritage
The most stable and non-changeable norms in Islamic societies.

Marriage – contract
wali – man protector, guardian
mahr – dowry
talaq – divorce (makruh)

Polygamy

Heritage
Introduction to Islamic Law – Institutes of Islamic Law

Penal Law
• hadd, hudud – crimes mentioned in Qur`an, prescribed punishment
• ta’azir – crimes and punishments defined by judge

Hudud defined in Qur`an

• zina – adultery
• qadhf – false accusation of adultery
• drunkenness
• theft
• robbery
• ridda – apostasy in Islam
• murder
Introduction to Islamic Law – Institutes of Islamic Law

Food prescriptions

Alcoholic beverages

Riba` - Usury

Islamic Banking

• muchatara
• mudaraba
Introduction to Islamic Law – Institutes of Islamic Law

International Law

Traditional dichotomy

Dar al-Islam (The House of Islam)

Dar al-Harb (The House of War)

New geopolitical proposals

Dar as-Sulh (The House of Peace)

Dar ad-Da`wa (The House of Invitation)