The Origins of Islamic Law - Constitutional Rights Foundation The Origins of Islamic Law The Origins of Islamic Law Islamic law represents one of the world's great legal systems. Like Judaic law, which influenced western legal systems, Islamic law originated as an important part of the religion. Sharia, an Arabic word meaning "the right path," refers to traditional Islamic law. The Sharia comes from the Koran, the sacred book of Islam, which Muslims consider the actual word of God. The Sharia also stems from the Prophet Muhammad's teachings and interpretations of those teachings by certain Muslim legal scholars. Muslims believe that Allah (God) revealed his true will to Muhammad, who then passed on Allah's commands to humans in the Koran. Since the Sharia originated with Allah, Muslims consider it sacred. Between the seventh century when Muhammad died and the 10th century, many Islamic legal scholars attempted to interpret the Sharia and to adapt it to the expanding Muslim Empire. The classic Sharia of the 10th century represented an important part of Islam's golden age. From that time, the Sharia has continued to be reinterpreted and adapted to changing circumstances and new issues. In the modern era, the influences of Western colonialism generated efforts to codify it.

Development of the Sharia Before Islam, the nomadic tribes inhabiting the Arabian peninsula worshiped idols. These tribes frequently fought with one another. Each tribe had its own customs governing marriage, hospitality, and revenge. Crimes against persons were answered with personal retribution or were sometimes resolved by an arbitrator. Muhammad introduced a new religion into this chaotic Arab world. Islam affirmed only one true God. It demanded that believers obey God's will and laws. The Koran sets down basic standards of human conduct, but does not provide a detailed law code. Only a few verses deal with legal matters. During his lifetime, Muhammad helped clarify the law by interpreting provisions in the Koran and acting as a judge in legal cases. Thus, Islamic law, the Sharia, became an integral part of the Muslim religion. Following Muhammad's death in A.D. 632, companions of Muhammad ruled Arabia for about 30 years. These political-religious rulers, called caliphs, continued to develop Islamic law with their own pronouncements and decisions. The first caliphs also conquered territories outside Arabia including Iraq, Syria, Palestine, Persia, and Egypt.

As a result, elements of Jewish, Greek, Roman, Persian, and Christian church law also influenced the development of the Sharia. Islamic law grew along with the expanding Muslim Empire. The Umayyad dynasty caliphs, who took control of the empire in 661, extended Islam into India, Northwest Africa, and Spain. The Umayyads appointed Islamic judges, kadis, to decide cases involving Muslims. (Non-Muslims kept their own legal system.) Knowledgeable about the Koran and the teachings of Muhammad, kadis decided cases in all areas of the law. Following a period of revolts and civil war, the Umayyads were overthrown in 750 and replaced by the Abbasid dynasty. During the 500-year rule of the Abbasids, the Sharia reached its full development. Under their absolute rule, the Abbasids transferred substantial areas of criminal law from the kadis to the government. The kadis continued to handle cases involving religious, family, property, and commercial law. The Abbasids encouraged legal scholars to debate the Sharia vigorously. One group held that only the divinely inspired Koran and teachings of the Prophet Muhammad should make up the Sharia.

A rival group, however, argued that the Sharia should also include the reasoned opinions of qualified legal scholars. Different legal systems began to develop in different provinces. In an attempt to reconcile the rival groups, a brilliant legal scholar named Shafii systematized and developed what were called the "roots of the law." Shafii argued that in solving a legal question, the kadi or government judge should first consult the Koran. If the answer were not clear there, the judge should refer to the authentic sayings and decisions of Muhammad. If the answer continued to elude the judge, he should then look to the consensus of Muslim legal scholars on the matter. Still failing to find a solution, the judge could form his own answer by analogy from "the precedent nearest in resemblance and most appropriate" to the case at hand. Shafii provoked controversy. He constantly criticized what he called "people of reason" and "people of tradition." While speaking in Egypt in 820, he was physically attacked by enraged opponents and died a few days later. Nevertheless, Shafii's approach was later widely adopted throughout the Islamic world. By around the year 900, the classic Sharia had taken shape.

Islamic specialists in the law assembled handbooks for judges to use in making their decisions. The classic Sharia was not a code of laws, but a body of religious and legal scholarship that continued to develop for the next 1,000 years. The following sections illustrate some basic features of Islamic law as it was traditionally applied. Family Law Cases involving violations of some religious duties, lawsuits over property and business disputes, and family law all came before the kadis. Most of these cases would be considered civil law matters in Western courts today. Family law always made up an important part of the Sharia. Below are some features of family law in the classic Sharia that would guide the kadi in making his decisions. Usually, an individual became an adult at puberty. A man could marry up to four wives at once. A wife could refuse to accompany her husband on journeys. The support of an abandoned infant was a public responsibility. A wife had the right to food, clothing, housing, and a marriage gift from her husband. When the owner of a female slave acknowledged her child as his own, the child became free. The child's mother became free when the owner died. In an inheritance, a brother took twice the amount as his sister.

(The brother also had financial responsibility for his sister.) A husband could dissolve a marriage by repudiating his wife three times. A wife could return her dowry to her husband for a divorce. She could also get a decree from a kadi ending the marriage if her husband mistreated, deserted, or failed to support her. After a divorce, the mother usually had the right of custody of her young children. Criminal Law The classic Sharia identified the most serious crimes as those mentioned in the Koran. These were considered sins against Allah and carried mandatory punishments. Some of these crimes and punishments were: adultery: death by stoning. highway robbery: execution; crucifixion; exile; imprisonment; or right hand and left foot cut off. theft: right hand cut off (second offense: left foot cut off; imprisonment for further offenses). slander: 80 lashes drinking wine or any other intoxicant: 80 lashes. Officials of the caliph carried out the penalties for these crimes. Crimes against the person included murder and bodily injury. In these cases, the victim or his male next of kin had the "right of retaliation" where this was possible.

This meant, for example, that the male next of kin of a murder victim could execute the murderer after his trial (usually by cutting off his head with a sword). If someone lost the sight of an eye in an attack, he could retaliate by putting a red-hot needle into the eye of his attacker who had been found guilty by the law. But a rule of exactitude required that a retaliator must give the same amount of damage he received. If, even by accident, he injured the person too much, he had broken the law and was subject to punishment. The rule of exactitude discouraged retaliation. Usually, the injured person or his kinsman would agree to accept money or something of value ("blood money") instead of retaliating. In a third category of less serious offenses such as gambling and bribery, the judge used his discretion in deciding on a penalty. Punishments would often require the criminal to pay a reparation to the victim, receive a certain number of lashes, or be locked up. Criminal Procedure The victim of a criminal act or his kinsman ("the avenger of the blood") was personally responsible for presenting a claim against the accused criminal before the court. The case then went on much like a private lawsuit.

No government prosecutor participated although certain officials brought some cases to court. The classic Sharia provided for due process of law. This included notice of the claim made by the injured person, the right to remain silent, and a presumption of innocence in a fair and public trial before an impartial judge. There were no juries. Both parties in the case had the right to have a lawyer present, but the individual bringing the claim and the defendant usually presented their own cases. At trial, the judge questioned the defendant about the claim made against him. If the defendant denied the claim, the judge then asked the accuser, who had the burden of proof, to present his evidence. Evidence almost always took the form of the direct testimony of two male witnesses of good character (four in adultery cases). Circumstantial evidence and documents were usually inadmissible. Female witnesses were not allowed except in cases where they held special knowledge, such as childbirth. In such cases, two female witnesses were needed for every male witness. After the accuser finished with his witnesses, the defendant could present his own. If the accuser could not produce witnesses, he could demand that the defendant take an oath before Allah that he was innocent. "Your evidence or his oath," the Prophet Muhammad taught.

If the defendant swore he was innocent, the judge dismissed the case. If he refused to take the oath, the accuser won. The defendant could also confess to a crime, but this could only be done orally in open court. In all criminal cases, the evidence had to be "conclusive" before a judge could reach a guilty verdict. An appellate system allowed persons to appeal verdicts to higher government officials and to the ruler himself. Islamic Law Today In the 19th century, many Muslim countries came under the control or influence of Western colonial powers. As a result, Western-style laws, courts, and punishments began to appear within the Sharia. Some countries like Turkey totally abandoned the Sharia and adopted new law codes based on European systems. Most Muslim countries put the government in charge of prosecuting and punishing criminal acts. In the area of family law, many countries prohibited polygamy and divorce by the husband's repudiation of his wife. Modern legislation along with Muslim legal scholars who are attempting to relate the will of Allah to the 20th century have reopened the door to interpreting the Sharia. This has happened even in highly traditional Saudi Arabia, where Islam began.

Since 1980, some countries with fundamentalist Islamic regimes like Iran have attempted to reverse the trend of westernization and return to the classic Sharia. But most Muslim legal scholars today believe that the Sharia can be adapted to modern conditions without abandoning the spirit of Islamic law or its religious foundations. Even in countries like Iran and Saudi Arabia, the Sharia is creatively adapted to new circumstances. For Discussion and Writing How did the Sharia develop differently than Western law systems like our own? What differences do you see between the criminal law and court procedures of the classic Sharia and the criminal justice system in the United States today? What similarities are there? Which features of the classic Sharia do you agree and disagree with the most? Why? For Further Reading The Islam Project Figure 1: Spectrum for judging actions in Islamic law Sources of law. A branch of religious knowledge called fiqh, or understanding, is the theoretical foundation of Shari�ah. Usul al-fiqh, or sources of law, define the principles and methods on which it is based. The recognized primary sources of Islamic law are the Qur�an and Sunnah. In matters that were not clearly spelled out in these sources, Muslim jurists developed other methods of finding a solution to a question.

The first is ijma� or unanimous consensus among jurists, and the second is qiyas, or decision by analogy. Unanimous consensus means that after making public a judgment about a matter of law, jurists found general agreement with it, and no jurist made sound legal arguments against the ruling. Unanimous consensus belonged mainly to the time when jurists and knowledgeable people were known to one another in the growing Muslim territories. The principle of ijma� is being debated today. It might apply to longstanding agreement of scholars over time, or take on new importance with the possibilities offered by mass communication. Analogy means using logic and reasoning to apply a known law to a new situation not covered in the original law. As an example of analogy, Islam forbids Muslims to drink wine. Jurists have applied this prohibition by making an analogy to other intoxicating beverages like whiskey and beer, as well as drugs such as opium. They stated that the Islamic sources gave as the reason for prohibiting wine that it intoxicates. Thus, other intoxicating substances were also prohibited by analogy. If the answer cannot be found by making an analogy from a known case, then other categories can be applied to select an acceptable solution or judgment.

Istihsan means deciding in favor of the public interest in a matter that is not otherwise prohibited. A common example of this is found in many cultures, when the right to use private property as the owner wishes are modified by the need to protect the natural environment. Another source is �urf, or custom. Jurists placed a value on preserving what is familiar to people in a certain place, based on established tradition. For example, people in different geographic areas had long-standing customs about sharing irrigation water (some shared based on amount of time allowed to irrigate, while others shared based on amount of water). Arab jurists tried to respect these systems in their judgments rather than imposing the system that was customary in another place and time. Respect for custom became an important source of diversity in the application of Islamic law over time and across geographic space, respecting ways that people did things according to their traditions as long as they did not violate Islamic principles or standards. Principles and methods. This system of logical application of the law based on the sources required the jurist to exercise individual reasoning, called ijtihad. Individual reasoning or effort is the basis of the process of analogy, but it is required to reach any judgment in Islamic law.

Two important principles guided jurists� use of evidence in making ijtihad. One is called istihab, meaning continuity. It means that "a situation or thing known to exist continues to exist until its opposite is proven." The most famous example of this is the principle of Islamic law that a person is innocent until proven guilty. Another principle is called ibahah, meaning that anything is permitted if it is not expressly prohibited. This is quite different from assuming the reverse, as only a few prohibitions are actually mentioned in the Qur�an. Another principle of evidence called bayina is that a plaintiff or accuser bears the burden of proof. If one person accused another of owing money, for example, it was up to the plaintiff to prove the debt, instead of the defendant having to prove that he or she did not owe any money. An I.O.U. would be evidence, and a cancelled check or witness statement by the defendant would prove the debt was paid. Such principles are common to many modern systems of law. Major schools of Islamic law , or madhhabs, had formed among Muslim communities by about 1100 CE.

These schools came about as Islam spread into new lands, facing new cultures and languages, new problems, and challenging questions that had not appeared during the time of Muhammad. The Qur�an contains all of the principles of Islamic law, but few legal injunctions, or commands. Prophet Muhammad clarified and exemplified these principles and guidelines, and set precedents for their practice. After his death, his companions continued according to his precedent, and consulted closely on new issues. A century later, all of the original companions had died. There was a need to develop systematic methods and processes to reach judgments, and to disseminate this knowledge to others. Over about three hundred years, the classical schools of law developed out of the work of a few pioneers and their followers. They developed the disciplines for study, the theories, principles and methods. They also built up a huge number of decisions and discussions on specific issues. The madhhabs, or "ways of going" differ mainly in their approaches to handling the sources of law.

They were named after the pioneering jurists of early Muslim history: the Hanafi (after Abu Hanifa, 702-767 CE), the Maliki (after Malik ibn Anas, 717-801 CE), the Shafii (after Muhammad Idris al-Shafi, 769-820 CE), and the Hanbali (after Ahmed ibn Hanbal 778-855 CE), and the Jaafari or Imami (after Abu Jafar Muhammad al-Baqir and Jafar Sadiq, 702-765 CE). Over the centuries, these schools came to dominate in certain Muslim regions. These schools all agree on the sources of Islamic law, but they differ in the way they apply principles of reaching decisions. Questions for Study and Discussion: Why are the Qur�an and Sunnah considered by Muslims to be the primary sources of Islamic law? Define the terms fiqh, ijtihad, and qiyas, and explain their roles in the system of Islamic law. What are the possibilities for judging an action or behavior according to the Shari�ah?

Is the decision just black and white, and if not, what are the shades of gray? What was the importance of considering the role of custom and public interest in reaching a decision according to the Muslim jurists? What was its historical importance for Muslims? Compare the principles of istihab (continuity) and ibahah (assumption of permission) to principles and concepts in U.S. Constitutional law. (Research may be helpful if you are not familiar with civics and government) What are the fields of knowledge required for a qualified Muslim jurist. How might you divide these fields of knowledge into several categories? What was the source of a Muslim jurist�s authority in making a decision? What were the limits on a jurist�s authority, and what responsibilities did jurists carry in Muslim society? Handout 1b: Terminology of Islamic Law Using the reading in Handout XXa, match the following list of definitions with their meanings. Then, place the terms in categories on the chart at the bottom of the page by putting the correct numbers from the word list in the boxes under each category. What is the Civil Law? | LSU Law – Civil Law Online What is the Civil Law?

Rodolfo "Rudy" Jesus Aguilar III Class of 2015 "Baton Rouge is my home, and I plan to keep it that way for a long time. Plus, the opportunities in the Baton Rouge area are taking off!" Read More » Did you know? The LSU Law Center has more named partners in the top 10 largest Louisiana-based law firms than all other Louisiana law schools combined. Related Links Library What is the Civil Law? Civil law systems, also called continental or Romano-Germanic legal systems, are found on all continents and cover about 60% of the world. They are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings. In their technical, narrow sense, the words civil law describe the law that pertains to persons, things, and relationships that develop among them, excluding not only criminal law but also commercial law, labor law, etc. Codification took place in most civil law countries, with the French Code civil and the German BGB being the most influential civil codes.

What the civil law is: A comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and jurists. A well organized system that favors cooperation, order, and predictability, based on a logical and dynamic taxonomy developed from Roman law and reflected in the structure of the codes. An adaptable system, with civil codes avoiding excessive detail and containing general clauses that permit adaptation to change. A primarily legislative system, yet leaving room for the judiciary to adjust rules to social change and new needs, by way of interpretation and creative jurisprudence. Some salient features of the civil law: Clear expression of rights and duties, so that remedies are self-evident. Simplicity and accessibility to the citizen, at least in those jurisdictionswhere it is codified. Advance disclosure of rules, silence in the code to be filled based on equity, general principles, and the spirit of the law. Richly developed and to some extent transnational academic doctrine inspiring the legislature and the judiciary. Where we find the civil law: In Continental Europe, where most jurisdictions have civil codes. In Great Britain, Scotland has retained an uncodified form of the civil law. Even when they have civil codes, Scandinavian countries are not regarded as civil law jurisdictions.

In North America, civil codes are found in Louisiana and Quebec. In Central and South America, almost all countries have civil codes. In Asia, many countries have received the civil law and have civil codes, such as Indonesia, Japan, Kyrgyzstan, and Lebanon. Countries of Africa that once were colonized by continental European nations have kept many aspects of the civil law traditions. The Civil Code of Egypt has a significant influence in Africa and the Middle East, whilst the Roman-Dutch law applied in South Africa was never codified. Some remnants of the civil law traditions are to be found on some Pacific islands, especially in the French territories of New Caledonia or Tahiti. In mixed jurisdictions, chiefly found in America, Africa, and Asia, but also in Europe, the civil law coexists with other legal traditions such as the common law, customary law, or Islamic law. For an interactive map of the legal systems of the world, click here . Islamic Naming System The Islamic Naming System Excerpted From Tafseer Surat Al-Hujuraat By Dr. Abu Ameenah Bilal Philips Islam places great emphasis on the clear identification of family relationships.

The Prophet (SAW) himself said, "Learn enough about your lineage to know your blood relatives and treat them accordingly." (At-Tirmidhee) That is, family lines should be known well enough to prevent marriages within the forbidden degrees and to determine blood and family obligations. Although it is the duty of the Islamic state to take care of its citizens, the primary responsibility lies first and foremost on family members. Therefore, according to Islamic law, blood relationships should be clearly defined and any tampering with them is strictly forbidden. Names Imply a Genealogical Relationship This is clearly stressed in the Islamic naming system in which each name and its sequences implies a specific genealogical relationship. For example, the name Khaalid ibn Abdullah ibn Zakee al-Harbee, which in present times is written Khaalid Abdullah Zakee al-Harbee means Khaalid the son of Abdullah, the son of Zakee, from the tribe of Harb. This system of naming people after their fathers and forefathers has appeared in most cultures. Even in English, George the son of John in time became George, John's son and eventually became George Johnson.

In pre-Islamic times, the Arabs used to change the lineage of their adopted sons to their own lineage and this practice also occurred during the early stages of Muhammed's prophethood (SAW). However, Allah (SWT) forbade it during the Madeenan stage of prophethood in which the majority of the religious, social and economic laws of islam were revealed. Call Them By Their Fathers Ibn Umar (RA) reported that after the Prophet (SAW) freed Zayd ibn Harithah and adopted him, people used to refer to him as Zayd ibn Muhammed until the verse the following verse was revealed, "Call them by (the names of) their father's, that is more just in the sight of Allah..." (Al-Ahzab 33:5) Once this principle became part of the divine law, the Prophet (SAW) was instructed to further emphasize it by a series of warnings.

For example, on one occasion he said, "He who knowingly attributed his fatherhood to someone other than his real father will be excluded from paradise." (Bukhari, Muslim, Abu Dawood) Abu Dharr (RA) also related that he heard the Prophet (SAW) say, "He who deliberately lets himself be called the son of someone other than his father is guilty of disbelief (kufr)." (Bukhari, Muslim, Abu Dawood) Islamic Law is Comprehensive Thus, the Arabic system of naming people according to their father's names which was endorsed by the Prophet (SAW) and approved of by Allah (SWT) is considered the Islamic naming system. Islamic law is comprehensive. It regulates all aspects of human life in order to establish a social system in which human welfare is looked after and the worship of God is enshrined. Consequently, although some facets of the Islamic naming system may be more important than other, none are so irrelevant or unimportant that whether it is done or not makes no difference. The fact that European colonialism has managed to corrupt the application of the Islamic naming system especially among non-Arab Muslims does not in any way alter its validity.

By colonial times the Western naming system had degenerated into a meaningless jumble of names followed by a family name. Muslim Woman Keeps Her Father's Name Influenced by the Greco-Roman culture in which women were considered to e the property of men, western society erased a woman's family name upon marriage and replaced it by that of her husband. In the Islamic naming system she retains her father's name as it indicates her true lineage. However, both of these degenerative Western trends have been widely adopted in Muslim lands along with other un-Islamic cultural trappings of European colonialism. New Muslims, unaware of the Islamic naming system, often adopt Arabic names in the chaotic European style. Legacy of Slavery In fact, those of African descent often erase even their family names on the basis that these names are remnants from the days of slavery. That is, those of their ancestors who were slaves usually adopted the family name of their slave masters and it was the slave masters' name which was handed down from generations to generation. Hence, an individual who may have been called Clive Baron Williams while his father's name was George Herbert Williams may, upon entering Islamic, rename himself Faisal Umar Nkruma Mahdi.

However, his name according to the Islamic naming system should have been Faisal George Williams, that is, Faisal the son of George Williams. Whether "Williams" was the name of his ancestors plantation owner or not is not of any consequence. Since his father's name was George Williams, he is, according to the Islamic naming system, the son of George Williams. That much of his father's name is necessary to determine who his relatives are in order to avoid incestuous marriages, discharge inheritance rights and fulfill general responsibilities to blood relations. New Muslims Should Keep Family Name This becomes especially important in the West where premarital and extra-marital relations are common leading to generations of illegitimate inter-related children. Consequently, when some of these half-brothers and sisters enter Islam under different assumed family names, there exists a very real possibility that some of them may unintentionally contract incestuous marriage. The practice among new Muslims of deleting their family names has frequently created deep resentment among their non-Muslim families which could have been easily avoided if the Islamic naming system had been adopted. Actually, the new Muslim is under no obligation to change even his or her "Christian name" unless it contains an un-Islamic meaning.

Thus, the given name "Clive", which means cliff-dweller need not have been changed whereas "Dennis", a variation of Dionysus (which was the Greek god of wine and fertility who was worshipped with orgiastic rites), would have to be changed. Similarly female names like "Lois" which means desirable or "Ann" (or its diminutive forms Annie and Nancy) which means grace, need not be changed while names like "Ingrid" which means daughter of Ing (a god in Germanic mythology) or "Laverne" taken from the name of the Roman goddess of spring and grain would also have to be changed. However,. it is perfectly acceptable for a Muslim, whether a recent convert or not, to change his or her first name if he/she chooses. It was the Prophet's (SAW) practice to change peoples first names if they were too arrogant, negative or un-Islamic.

One of the Prophet's (SAW) wives was originally named "Barrah" (pious) and he changed it to "Zaynab" (collected by Bukhari, Muslim, Abu Dawood) as Allah (SWT) had said in the Quran, "Do not claim piety for yourselves for He knows best who is God-fearing." (An-Najm 53:32) Ibn Abbas (RA) reported that another of the Prophet's (SAW) wives was also named Barrah and he changed it to Juwayriyah (collected by Muslim). Ibn Umar (RA) reported that his father, Umar, had a daughter named "Aasiyah" (disobedient) whom the Prophet (SAW) renamed "Jameelah" (beautiful ). (collected by Muslim). Jabir ibn Abdullah (RA) reported that the Prophet (SAW) decided to forbid names like Ya'laa (elevated), Barakah (blessing), Aflah (successful), Yasaar (wealth) and Naafi (beneficial). (collected by Muslim).

The Prophet (SAW) Never Changed the Names of the Fathers However, Allah's Messenger (SAW) never changed the names of people's fathers, no matter how un-Islamic they may have been. For example, when the Sahabi Abdu Shams ibn Sakhr accepted Islam, the Prophet (SAW) cancelled his given nam, Abdu-Shams (slave of a sun), and renamed him Abdur-Rahman ibn Sakhr (collect by Ibn Hajar al-Asqalaanee). His father's name, Sakhr (rock), was left untouched. Likewise, the Sahabi, Abu Salamah's name was changed to Abdullah ibn Abdul-Asad leaving his father's name Abdul-Asad (slave of the lion) unchanged. (collected by Ibn al-Jawzee). Thus, it can be concluded that erasing one's family name is against both the letter and the spirit of Islamic law. The father's first and last name should be retained and if the father is unknown, the mother's first and last name should follow the Muslim's given or chosen name.

Kunyah Can Be Added However, it should be noted, that there are other titles and descriptive names which may be added to either or both the beginning and the end of a person's actual name. According to the Islamic naming system, prefixed names known as Kunyah consist of Abu (the father/owner of) in the case of males and Umm (the mother of) in the case of women, followed by the name of the person's oldest child or male child, a child wished for or a trait the person is noted for. Some people became so well known by their Kunya that their actual names are almost forgotten. For example, among the Sahabah: Abu Bakr (Abdullah ibn Uthman) Abu Hurayrah (Abdur Rahman ibn Sakhr) Abu Laylaa (Bilal al-Ansari) And among the fuqahaa (legislators): Abu Haneefah (Nu'maan ibn Tahabit).

The suffixed tittles are of two types: The Laqab, a descriptive trait, for example, Abu Bakr was titled by the Prophet (SAW) "as-Siddeeq" (the truthful) and Umar, "al-Farooq" (the discerner). The second type is known as Nisbah which refers to the place or tribe with which one is associated. For example, the Sahabi, Abu Dharr "al-Ghifaaree" (from the tribe of Ghifaar) and Hadith scholars such as al-Bukhari (Muhammad ibn Ismaa'eel), from the city Bukhara and at-Tirmidhee (Muhammad ibn Eesaa) from the city of Tirmidh. The Nisabah suffix may also refer to a profession. Naming Girls Care should also be taken in naming girls, as the practice of giving girls two or three female names before the family name is a fairly recent Western practice which is inconsistent with the Islamic naming system.

For example, a girl named Asmaa Jameelah Zaynab Abdullah whose father's name was Zayd Abdullah should really be called Asmaa Zayd Abdullah, that is, Asmaa the daughter of Zayd Abdullah. This principle is due to the fact that a man's or woman's given name, according to the Islamic naming system, should only be followed by the name of his or her mother if the father was unknown, or the child was illegitimate and the parents were not married. Thus, the name Asmaa Jameelah Zaynab Abdullah in the Islamic naming system means Asmaa was the illegitimate daughter of Jameelah and her mother Jameelah was also the illegitimate daughter of Zaynab, the daughter of Abdullah. *** Al Baraka 1- Prohibition of Interest or Usury The principles of Islamic finance are established in the Qur'an, which Muslims believe are the exact Words of God as revealed to the Prophet Mohammed. These Islamic principles of finance can be narrowed down to four individual concepts. The first and most important concept is that both the charging and the receiving of interest is strictly forbidden. This is commonly known as Riba1 or Usury.

Money, on its own, may not generate profits. When Riba infects an entire economy, it jeopardises the well-being of everyone living in that society. When investors are more concerned with rates of interest and guaranteed returns than they are with the uses to which money is put, the results can only be negative. Adherents of Islam believe that the Qur'an is the final book of God's word following both the Torah and the Bible. As a result, there are a number of similarities between the Islamic, Christian and Jewish faiths. Quoting Shaikh Saleh Abdullah Kamel, Chairman and Founder of Albaraka Banking Group; Usury is forbidden in all the three religions, Judaism, Christianity and Islam, but it is the people who forget the rules of Allah. All societies, nowadays - Muslims, Christians and Jews - deal with Usury. Top 2- Ethical Standards The second guiding principle concerns the ethical standards. When Muslims invest their money in something, it is their religious duty to ensure that what they invest in is good and wholesome.

It is for this reason that Islamic investing includes serious consideration of the business to be invested in, its policies, the products it produces, the services it provides, and the impact that these have on society and the environment. In other words, Muslims must take a close look at the business they are about to become involved in. In all facets of the financial system, Islam has certain rules, certain regulations as to how Muslims should go about participating in these activities. For example, in share trading or the securities market, Islam looks at the activities of the companies, to establish whether or not the companies are involved in activities which are in line with Sharia'a. Top 3- Moral and Social Values The third guiding principle concerns moral and social values. The Qur'an calls on all its adherents to care for and support the poor and destitute. Islamic financial institutions are expected to provide special services to those in need. This is not confined to mere charitable donations but has also been institutionalised in the industry in the form of profit-free loans or Al Quard Al Hasan. An Islamic bank's business includes certain social projects, as well as charitable donations. Islamic banks provide profit-free loans.

For example, if an individual needs to go to hospital or wants to go to university, we give what is called Quard Al Hasan. This Quard Hasan is normally given for a short period of one year and the Islamic bank does not charge anything for that. Top 4- Liability and Business Risk The final principle concerns the overarching concept of fairness, the idea that all parties concerned should both share in the risk and profit of any endeavor. To be entitled to a return, a provider of finance must either accept business risk or provide some service such as supplying an asset, otherwise the financier is, from a Sharia'a point of view, not only an economic parasite but also a sinner. This principle is derived from a saying of the Prophet Mohammed (May Peace be upon Him) "Profit comes with liability". What this means is that one becomes entitled to profit only when one bears the liability, or risk of loss. By linking profit with the possibility of loss, Islamic law distinguishes lawful profit from all other forms of gain. In order to insure that these principles are followed, each Islamic institution must establish and provide itself with an advisory council known as a Sharia'a Board.

The members of Sharia'a Boards can include bankers, lawyers or religious scholars as long as they are trained in the Islamic law, or Sharia'a. In 2001, the Industry witnessed a remarkable development in this regard by the initiative of the Accounting and Auditing Organization for the Islamic Financial Institutions or AAOIFI. At that time, AAOIFI's standards were enhanced to include elements that aim at broadening the role of the external auditor. Now according to these new developments the external auditor is also required to look for compliance with Sharia'a rules as defined by the Sharia'a supervisory board of each bank and in accordance with the Sharia'a standards AAOIFI has begun to issue. Sharia (Islamic Law) - Discover the Networks SHARIA (ISLAMIC LAW) Shari'a is an Arabic word meaning “path” or “way.” Today the term is used most commonly to mean “Islamic law,” the detailed system of religious law developed by Muslim scholars in the first three centuries of Islam and still in force among fundamentalists today. Shari'a tries to describe in detail all possible human acts, dividing them into permitted (halal) and prohibited (haram).

It subdivides them into various degrees of good or evil such as obligatory, recommended, neutral, objectionable or forbidden. This vast compendium of rules regulates all matters of devotional life, worship, ritual purity, marriage and inheritance, criminal offenses, commerce and personal conduct. It also regulates the governing of the Islamic state and its relations to non-Muslims within the state as well as to enemies outside the state. Shari'a influences the behavior and worldview of most Muslims, even in secular states where it forms no part of the law of the land. Islam teaches that shari'a, as God’s revealed law, perfect and eternal, is binding on individuals, society and state in all its details. By logical extension, any criticism of shari'a is heresy. Muslims who deny the validity of shari'a in any way are labeled as non-Muslims (infidels) or apostates (those who convert to another religion) by traditionalists and Islamists. As such, they face the threat of being prosecuted for apostasy, a crime that carries the death penalty in shari'a. The mandates of shari'a are extremely harsh compared to modern Western standards.

They infringe on many modern principles of human rights, religious freedom, and equality of all before the law. For example: Hudud punishments are the severe penalities prescribed by shari'a for offenses defined as being against God himself. The punishments for these crimes are seen as divinely ordained and cannot be changed by humans. These include 100 lashes or stoning to death as punishment for adultery; 80 lashes for false accusation of adultery; amputation of limbs for theft; 40 or 80 lashes for drinking alcohol; imprisonment, amputation or death (by crucifixion in serious cases) for highway robbery; and the death penalty for apostasy from Islam. Methods of execution for apostasy can include decapitation, crucifixion, burning, strangling, drowning, impaling, and flaying. Apostates are denied a decent burial after their deaths, and the Muslims who participate in killing them are promised an eternal reward in paradise. Discrimination on the basis of religion is fundamental to shari'a. By religious edict, Islam must be dominant; only Muslims are considered to be full citizens. Jews and Christians are defined as dhimmis (literally “protected” i.e. permitted to live).

However this protection is on condition that they do not bear arms, know their lowly place in society, treat Muslims with respect, and pay a special poll tax (jizya). Shari‘a divides the world into two opposing domains: the House of Islam (Dar al-Islam) and the House of War (Dar al-Harb). Muslims are supposed to wage jihad to change the House of War (where non-Muslims are dominant) into the House of Islam, dominated by Muslims. While some modern Muslims reject this aggressive understanding of jihad, and see it merely as a strengthening of personal faith, most agree that jihad includes defending Muslim territory and Muslims from any form of aggression; this leaves the door open to interpreting any conflict involving Muslims as a case of defensive jihad. Islamic terror groups justify their atrocities by references to the shari'a rules on jihad. Shari'a discriminates on the basis of gender. Men are regarded as superior. Women are treated as deficient in intelligence, morals and religion, and must therefore be protected from their own weaknesses. Shari'a rules enforce modesty in dress and behavior and the segregation of the sexes. These regulations place women under the legal guardianship of their male relatives.

Women are inherently of less value than men in many legal rulings. A man is allowed up to four wives, but women can have only one husband. A man can divorce his wife easily; a woman faces great obstacles should she want a divorce from her husband. A daughter inherits half as much as a son, and the testimony of a female witness in court is worth only half that of a male witness. In cases of murder, the compensation for a woman is less than that given for a man. Shari'a courts often display a clear gender bias. This is seen in the widespread practice of accusing rape victims of illicit sexual relations (zina), an offense which carries punishments ranging from imprisonment and flogging to death by stoning. Female genital mutilation is widespread among some Muslim communities, especially in Egypt, East Africa, Yemen, and Indonesia. Many Muslim leaders see the practice as essential for preserving women’s chastity on which family honor largely depends. In shari'a there are differences between the various schools of law as to the extent of what a woman may reveal in public. The Hanafi and Maliki schools of law permit face and hands to be revealed in public, thus there is no need for a veil over the face.

Among Hanbalis there are two opinions, some permitting the revealing of face and hands, others forbidding it. The Shafi‘is demand that a woman’s face and hands be covered in public, thus demanding some kind of veil over her face. Both Qur’an and hadith urge modesty in women’s dress and command them to cover themselves in public. The problem is a matter of interpretation of the original Arabic words used. Most Sunni Muslims believe shari‘a to be completely unchangeable, although Shi'as allow for the possibility of interpreting and adapting it to new circumstances. Since the nineteenth century, there have been efforts at reforming shari'a in a liberal direction in order to accommodate it to the modern world, but in the contemporary Muslim world, the traditionalists and especially the Islamists -- upholders of the traditional view of shari'a -- are now dominating public opinion. Of particular concern for Americans are cases where Muslim litigants seek -- sometimes successfully -- to have their cases in U.S. courts decided by principles of Sharia law.

As of May 2011, the Center for Security Policy (CSP) had identified 50 examples in 23 states “where Muslim-Americans had their cases decided by Sharia Law against their will.” In one case, a Trial Court judge had ruled based on Moroccan Sharia law, even though those involved were not Moroccans or even Muslims. In Tampa, Forida, a judge had ruled that a dispute between two Muslim parties would be solved in accordance with Sharia, overruling the objections of one party. And in a notorious New Jersey case, a judge had exonerated a Muslim man of raping his wife because Sharia allowed him to do so. (The ruling was later overturned.) The 50 instances cited by CSP represented just a fraction of the total number of such cases. Adapted mostly from " What Is Shari'a? " (published by the Barnabas Fund, January-February 2007). RESOURCES: Islamic Banking Definition | Investopedia Riba BREAKING DOWN 'Islamic Banking' Since this system of banking is grounded in Islamic principles, all the undertakings of the banks follow Islamic morals. Therefore, it could be said that financial transactions within Islamic banking are a culturally distinct form of ethical investing .

For example, investments involving alcohol, gambling, pork, etc. are prohibited. How Are the Principles of Islamic Banking Determined? The principles of Islamic Banking follow Shariah law, which is based on the Quran and the Hadith, the recorded sayings and actions of the Prophet Muhammad. When more information or guidance is necessary, Islamic bankers turn to learned scholars or use independent reasoning based on scholarship and customs, while also ensuring their ideas do not deviate from the fundamental principles of the Quran. What Is the History of Islamic Banking? The origin of Islamic banking dates back to the very beginning of Islam in the seventh century. The prophet Muhammad's first wife, Khadija, was a merchant, and he acted as an agent for her business, using many of the same principles used in contemporary Islamic banking. In the Middle Ages, trade and business activity in the Muslim world relied on Islamic banking principles, and these ideas spread throughout Spain, the Mediterranean and the Baltic States, arguably providing some of the basis for western banking principles. In the 1960s to the 1970s, Islamic banking resurfaced in the modern world. How Do Islamic Banks Earn Money Without Using Interest?

In order to earn money without charging interest, Islamic banks use equity-participation systems. This means that if a bank loans money to a business, the business pays back the loan without interest, but it gives the bank a share in its profits. If the business defaults on the loan or does not earn any profits, the bank does not receive any profit either. For example, in 1963, Egyptians formed an Islamic bank in Mit Ghmar. When the bank loaned money to businesses, it did so on a profit-sharing model. To reduce risk, the bank only approved about 40% of its business loan applications, but the default ratio was zero. What Is the Difference Between Islamic Banks and Islamic Windows? While an Islamic bank is a bank totally based on and run with Islamic principles in mind, an Islamic window refers to services provided by conventional banks but based on Islamic principles. For example, in Oman, there are two full-fledged Islamic banks, Bank Nizwa and Al Izz Islamic Bank, but six of the seven commercial banks in the country also offer Islamic banking services through dedicated windows. RELATED TERMS

Question: What is the name for a system of law based on Islamic principles?
Answer: Sharia