Islamic Law Outline

ISLAMIC LAW OUTLINE

Professor Raj Bahala, University of Kansas, Fall 2012

I. Introduction to the Sharia

Ten Threshold Issues

1. The word Sharia means the way of life set by God.

2. The word “Islam” means submission. It is the submission to the will of Allah in preparation for the Day of Judgment. A Muslim then is one who submits to the will of Allah. The entry into heaven or hell is based on how much effort he or she made to submit.

3. 3. In 2007, Malaysian gov. prohibited a church from using the word Allah to describe Christian God to not confuse Muslims. The High Court held that the Christians have the right to use it. There is nothing in Q or Sunna to support not using by non- Muslims.

4. 4. The revelation from Allah to M was in Classic Arabic. The majority of Muslims do not speak Arabic.

5. 5. Applicability of Shari’a( not in secular legal system= Shari’a is the official religion, but plays no role in the legal life of the country)

– In Muslim Country (in which Shari’a is all or part of the legal system):

· For Muslims: It is applicable in both the private & public spheres.

· For non: It is applicable in the public one ( K, banking, crimes), NOT in private one.

– In Non Muslim Country:

· For Muslims: Applicable in the private & may in public (Riba).

· For non: it is NOT abdicable.

6. Muslim, Islam, and Arab – Muslim does not mean Arab. 1.3 billion Muslims, 1 billion are not Arab. Indonesia is the largest Muslim country in the world. It is a secular Muslim country along the lines of Turkey. The largest resident Muslim community is India. About 20% of India’s 1.2 billion are Muslim.

Sacred Law

a. Religious Law

i. No Distinction Between Law and Religion

1. In the United States, we differentiate between public and private, religious and secular.

2. There is no such distinction in Islamic law.

3. Law proper is not distinguished from religion, ethics, or philosophy in Islamic law.

ii. Sacred Legal Tradition

1. Islamic law is believed to come from God and that it comes from God is part of the legal structure.

2. After Christianity, Islam is the largest religion in the world.

3. Islam is not the only sacred legal tradition. There is also:

a. Jewish Law (law of the Torah)

b. Canon Law (law of the Roman Catholic Church),

c. Hindu Law (law from the Vedas)

iii. Rational Law

1. The Shari’a is rational because it was created by a rational process.

2. It is rational is because it has a real structure of religious and moral rules – everything is viewed through the paradigm of whether it is religiously and morally acceptable.

b. Goal of the Shari’a and Submission

i. Goal of Sharia

1. The goal of the Shiri’a is to regulate the behavior of Muslims in their homes and in their public everyday lives.

B. Differences and Similarities of Islam and Christianity

a. Conception of God and the Devil

i. Conception of God

1. Both are monotheistic and both view God as all-powerful, all-knowing, and omnipresent.

2. No trinity in Islam which means 3 persons in one God Head. God the Father, the Son, the Holy Spirit.

ii. The Devil

1. For Christians, God created heaven and earth and everything in it, including the devil (Satan).

2. For Muslims, God created heaven and earth and everything in it, and angels from light, “jinns from fire( one of them is Satan).

b. Original Sin and Free Will

i. Fall from Grace and Original Sin

1. Both faiths agree there was a fall from grace.

2. Christians claim that the sin was pride and a desire to be equal to God. Muslims claim that the sin was disobedience of God.

3. There is the doctrine of original sin – all human souls are tainted by the sin of Adam and Eve – in Christianity (the capacity to sin) but there is not in Islam.

ii. Free Will

1. Both Christianity and Islam recognize free will.

2. They believe that God knows everything but each person has the free will to make decisions.

c. Marian Dogmas

i. Doctrine of the Immaculate Conception:

1. Was Mary conceived without sin and go through life without committing sin? Yes, both Christians and Muslims believe this.

ii. Enunciation:

1. Both believe Gabriel appeared to Mary but there is a difference in what was said.

2. In Islam, Mary is told she is going to have a child by miraculous means.

3. In Christianity, Mary is asked whether she will accept the mission.

iii. Virgin Birth:

1. Both believe Christ was born by a virgin with no human father.

2. In Christianity, Christ has a stepfather, St. Joseph.

3. In Islam, Christ has no stepfather.

iv. Assumption:

1. The body and spirit of Mary are assumed into heaven.

2. Islam doesn’t word it as a doctrine of assumption, but she is believed to be in heaven.

d. Jesus Christ

i. Infant Jesus Speaking

1. In Islam, there is a miracle not mentioned in the Christian teachings.

2. Jesus is supposed to have started speaking as an infant to explain who he is as a prophet and what he has come for.

ii. Crucifixion:

1. Christians believe that Jesus died on the cross.

2. Muslims believe he did not die, but was carried up by the angels to heaven and is alive to this day. It was an imposter who died on the cross.

iii. Resurrection:

1. Christians believe Jesus was resurrected.

2. Muslims do not believe he was resurrected (because he did not die on the cross).

iv. Ascension:

1. Christians believe Christ ascended into heaven.

2. Muslims believe he went to heaven, but he was taken up to heaven by angels before he actually died so there wasn’t really “ascension.”

e. Day of Judgment and Final Judgment

i. Day of Judgment

1. Is there a day of judgment? After death, is a person judged for what they did and then sent to heaven, hell, or purgatory?

2. In Christianity, it rather results in a person while they are resting in their grave being awarded or punished with something akin to a waiting room for heaven or hell. You are awaiting final judgment.

ii. Final Judgment

1. Both faiths believe in final judgment that happens with the final coming of Christ and Armegedon.

2. In Islam, Christ comes and defeats the Anti-Christ, bringing world peace. He then lives in the world and rules as a normal man. Then at the end of time, he will order the angel of death to take the soul of each person and each person will face a final judgment for heaven or hell based on the deeds of the person and the mercy of Allah.

3. Eschatology – Study of the End of the World

f. Divinity of Muhammad and Christ

i. Muhammad

1. One of the few people who is so revered and so reviled throughout history.

2. He is revered by Muslims because the structure of Islamic law is built around his personality and his teachings or “sunnah.”

3. He is not regarded as divine, he is a human being and a fallible man who was prone to error like any man. But he was infallible when it came to delivering the word of God.

ii. Jesus Christ

1. Christ is regarded as of dual nature – he is wholly human and wholly divine. He is the Son of God and also a man.

2. Muslims regard him as a prophet and a great man, but they do not accept that he is the Son of God or that he is divine.

II. The Life and Times of the Prophet Muhammad PBUH

A. Early Life of Muhammad (Before Prophethood)

a. Birth of Muhammad

i. Born into Pluralistic, Tribal Society

1. Muhammad was born in the Bedouin tribal society – specifically the Quraysh tribe and the Hashem clan in 570-571 A.D.

2. They are nomadic and involved in trade, some are settled in towns and villages doing small agriculture, and some conducting trade in ports.

3. They represent three or four major religions: Christianity, Judaism, Zorastrianism (monotheism of Persians), and pagans.

ii. Born in Mecca

1. He was born in Mecca, home of the Ka’ba, which was a pagan at the time.