Islam

== Law and jurisprudence ==
{{Main|Sharia|Fiqh}}
{{See also|Logic in Islamic philosophy#Islamic law and theology}}
[[Sharia]] is the [[religious law]] forming part of the Islamic tradition.<ref name=":15" />{{sfnp|Esposito|2002b|pp=17, 111–112, 118}} It is derived from the religious precepts of Islam, particularly the Quran and the Hadith. In Arabic, the term sharīʿah refers to God's divine law and is contrasted with ''[[fiqh]]'', which refers to its scholarly interpretations.<ref name=ODI /><ref name="vikor">Vikør, Knut S. 2014. "[https://web.archive.org/web/20140604214623/http://bridgingcultures.neh.gov/muslimjourneys/items/show/226 Sharīʿah]." In ''The Oxford Encyclopedia of Islam and Politics'', edited by [[Emad Shahin|E. Shahin]]. Oxford: [[Oxford University Press]]. Archived from the [http://bridgingcultures.neh.gov/muslimjourneys/items/show/226 original] on 4 June 2014. Retrieved 25 May 2020.</ref> The manner of its application in modern times has been a subject of dispute between Muslim traditionalists and reformists.<ref name=":15" />

Traditional [[Principles of Islamic jurisprudence|theory of Islamic jurisprudence]] recognizes four [[sources of sharia]]: the Quran, sunnah (''Hadith'' and [[prophetic biography|''Sira'']]), [[qiyas]] (analogical reasoning), and ''[[ijma]]'' (juridical consensus).<ref name="Esposito, John 2001">{{Cite book |last1=Esposito |first1=John L. |url={{google books|plainurl=y|id=MOmaDq8HKCgC|page=2}} |title=Women in Muslim Family Law |last2=DeLong-Bas |first2=Natana J. |publisher=[[Syracuse University Press]] |year=2001 |isbn=978-0-8156-2908-5 |pages=2– |author-link=John Esposito |author-link2=Natana J. DeLong-Bas}} Quote: "[...], by the ninth century, the classical theory of law fixed the sources of Islamic law at four: the ''Quran'', the ''Sunnah'' of the Prophet, ''qiyas'' (analogical reasoning), and ''ijma'' (consensus)."</ref> Different [[Madhhab|legal schools]] developed methodologies for deriving sharia rulings from scriptural sources using a process known as ''[[ijtihad]]''.<ref name="ODI">{{cite web |editor-link=John Esposito|editor-last=Esposito |editor-first=John L. |title=Islamic Law |work=[[The Oxford Dictionary of Islam]] |url=http://www.oxfordislamicstudies.com/print/opr/t125/e1107 |archive-url=https://web.archive.org/web/20170203033813/http://www.oxfordislamicstudies.com/print/opr/t125/e1107 |url-status=dead |archive-date=3 February 2017 |via=Oxford Islamic Studies Online}}</ref> Traditional jurisprudence distinguishes two principal branches of law,''[[Ibadah|ʿibādāt]]'' (rituals) and ''[[Muamalat|muʿāmalāt]]'' (social relations), which together comprise a wide range of topics.<ref name="ODI" /> Its rulings assign actions to one of five categories called [[ahkam]]: mandatory (''[[fard]]''), recommended (''[[mustahabb]]''), permitted (''[[mubah]]''), abhorred (''[[makruh]]''), and prohibited (''[[haram]]'').<ref name="ODI" /><ref name="vikor" /> Forgiveness is much celebrated in Islam{{sfnp|Leaman|2006|page=[{{google books|plainurl=y|id=isDgI0-0Ip4C|page=214}} 214]}} and, in criminal law, while imposing a penalty on an offender in proportion to their offense is considered permissible; forgiving the offender is better. To go one step further by offering a favor to the offender is regarded as the peak of excellence.{{sfnp|Nigosian|2004|p=[{{google books|plainurl=y|id=my7hnALd_NkC|page=116}} 116]}} Some areas of sharia overlap with the Western notion of law while others correspond more broadly to living life in accordance with God's will.<ref name="vikor" />

Historically, sharia was interpreted by independent jurists ([[mufti]]s). Their legal opinions ([[fatwa]]) were taken into account by ruler-appointed [[Qadi|judges]] who presided over [[Qadi|qāḍī]]'s courts, and by ''[[Mazalim|maẓālim]]'' courts, which were controlled by the ruler's council and administered criminal law.<ref name="ODI" /><ref name="vikor" /> In the modern era, sharia-based criminal laws were widely replaced by statutes inspired by European models.<ref name="vikor" /> The [[Ottoman Empire]]'s 19th century [[Tanzimat]] reforms lead to the [[Mecelle]] civil code and represented the first attempt to [[Codification (law)|codify]] sharia.<ref name=Oxfordref/> While the constitutions of most Muslim-majority states contain references to sharia, its classical rules were largely retained only in [[Status (law)|personal status]] (family) laws.<ref name="vikor" /> Legislative bodies which codified these laws sought to modernize them without abandoning their foundations in traditional jurisprudence.<ref name="vikor" /><ref name="mayer">Mayer, Ann Elizabeth. 2009. "[https://web.archive.org/web/20081121033722/http://www.oxfordislamicstudies.com/article/opr/t236/e0473 Law. Modern Legal Reform]." In ''The Oxford Encyclopedia of the Islamic World'', edited by J. L. Esposito. Oxford: [[Oxford University Press]].</ref> The [[Islamic revival]] of the late 20th century brought along calls by [[Islamist]] movements for complete implementation of sharia.<ref name="vikor" /><ref name="mayer" /> The role of sharia has become a contested topic around the world. There are ongoing debates as to whether sharia is compatible with secular forms of government, human rights, [[freedom of thought]], and [[women's rights]].<ref name="naim96">{{Cite book |last=An-Na'im |first=Abdullahi A. |title=Religious Human Rights in Global Perspective: Religious Perspectives |year=1996 |isbn=978-90-411-0179-2 |editor-last=Witte |editor-first=John |pages=337–359 |chapter=Islamic Foundations of Religious Human Rights |publisher=BRILL |editor-last2=van der Vyver |editor-first2=Johan D. |chapter-url={{Google books|aqyWwF5YA1gC|page=337|plainurl=yes}}}}</ref><ref name="hajjar2004">{{Cite journal |last=Hajjar |first=Lisa |year=2004 |title=Religion, State Power, and Domestic Violence in Muslim Societies: A Framework for Comparative Analysis |journal=[[Law & Social Inquiry]] |volume=29 |issue=1 |pages=1–38 |doi=10.1111/j.1747-4469.2004.tb00329.x |jstor=4092696 |s2cid=145681085}}</ref>

=== Schools of jurisprudence ===
[[File:Madhhab Map3.png|thumb|right|Islamic [[madh'hab|schools of law]] in the [[Muslim world]]]]
{{Main|Madhhab}}
A school of jurisprudence is referred to as a ''madhhab'' ({{lang-ar|مذهب}}). The four major Sunni schools are the [[Hanafi]], [[Maliki]], [[Shafi'i]] and [[Hanbali]] schools while the three major Shia schools are the [[Ja'fari]], [[Zaidiyyah|Zaidi]] and [[Isma'ilism|Isma'ili]] schools. Each differs in their methodology, called ''[[Usul al-fiqh]]'' ("principles of jurisprudence"). The conformity in following of decisions by a religious expert or school is called ''[[taqlid]]''. The term ''[[Salafi movement#Views on Taqlid (adherence to legal precedent)|ghair muqallid]]'' refers to those who do not use taqlid and, by extension, do not have a madhab.<ref>Bharathi, K. S. 1998. ''Encyclopedia of Eminent Thinkers''. p. 38.</ref> The practice of an individual interpreting law with independent reasoning is called ''[[ijtihad]]''.{{sfnp|Weiss|2002|pp=3, 161}}