Islam: What will define as a belief in the One God, from which emanates the Islamic law or Shari’a “and above this, stands a system.
This Sharí’ao Islamic law, has referred to two central aspects of life: Realism and Naturalism socio-anthropological, combining the willingness and availability of human beings with innate limitations and weaknesses.
We consider the three-dimensional Islam: God, Man and Society.
In Islam, the divine and the mundane living in harmony and in a tight symbiosis in the field of religion are fused but not confused, well, blend in harmony, to which humans live in peace within and peace with others.
The Islamic creed:
It is based on the belief in a single, indivisible God, Creator, Developer and Supreme Lawgiver. Believing in God is believing in the Absolute, who is out of reach of all science. Absolute mean (Allahu Akbar) means that the human being is relative, so that you can not pretend to grab or attributes of the Absolute.
Tawheed: Islamic Unitarian Theology
Theology is the science that treats God and His attributes, in the light of the principles revealed (Faith).
Islamic theology reflects the truths from the sources of revelation (Qur’an and Sunna), ie, acquires the logical knowledge of truths.
Islamic Theology theocratic society does not imply absence of a religious hierarchy, or government subject to the priesthood, or king with spiritual power.
Shari’a: Islamic law
Shari’a literally means path to follow and, as a technical term, establishes knowledge of the rights and duties of every Muslim.
In the Shari’a legal merger highlights a spiritual, a kind of symbiosis between social cohesion and religious.
These are laws and ways of life prescribed by Allah for His servants.
“Each one of you has been given a way (law) and a norm.” (5:48)
The Shari’a is composed of two main sources: Quran and Sunna, and other sources considered secondary.
Fiqh (Jurisprudence): The science of the Shari’a in general and issues relating to worship and interpersonal relations in particular (Civil, Criminal, Commercial, etc..) Is considered as a source of guidance and regulations and began to be applied to its rules as a science methodically trained and ordained in the second century after Hijrah, when the Islamic state expanded and faced situations that were not developed explicitly in the Quran or the Sunna.
Objectives of the Shari’a:
Serving human beings, based on respect for their beliefs, their lives, their thoughts, their gender and their private property.
The Sources of Islamic Jurisprudence are:
a. The Koran. Textual revelation (Scripture)
b. The Sunna. Revelation conceptual inspiration
c. The Ijtihad. Resolutions. 1.Consenso
Legal 2.Resoluciones
Jurist’s personal 3.Juicio
4.Deducción by analogy
5.The law.
6.La preferential assessment.
7.La objective utility
a. The Quran:
Word of God revealed to the Prophet (PYB), which contains a series of principles established by God (Supreme Lawgiver), composed of immutable principles. The Koran is the basis and foundation of the Islamic Constitution, and is the first and most important source of guidance, the text can be divided into:
– Belief and Faith (Theology and Religion)
– Moral: Ethics (moral principles in relation to others)
– Social (loyalty, citizenship, freedom)
– Individual (altruism, greed, adultery)
– Information Brief biography of the previous Prophets
and history of religions before Islam.
– Eschatology.
– Cosmology
– Common law: Guidelines Fiqh (Science of law)
The source consists of Koranic verses law or tickets, some of which correspond to Canon Law, which regulates the cultic aspects: prayer, fasting, pilgrimage.
Other verses refer to the Civil Law, which guides the conduct of their fellow man.
Other to Private Law, Family Law, Estate and Inheritance.
Other Commercial law, Contracts and Transactions.
There are also dedicated to criminal law, law on war and peace.
And others engaged in Public Law and Labor Law.
b. The Sunna – Law sentenced by the Prophet Muhammad (PYB)
Consists of maximum (Hadith), reports, rules, acts, decrees and consent of the Prophet (PYB), transmitted and reported by an unbroken chain of trustworthy transmitters. The Sunna is considered the second source of Islamic law.
The Sunna is not a textual revelation, but partly conceptual and approval and inspiration elsewhere. Is transmitted by the Prophet (PYB), as the Prophet-Messenger, ie transmitter-legislator, not as a Prophet-Man, or Jurist-Leader.
The Sunnah is divided into two sections:
1. A must accept: are the rules or constitutional provisions related and transmitted from the Prophet (PYB), using his status as the Prophet-Messenger, provided that the transmitted text is supported by the honesty and credibility of each of the components of the chain transmitter from the first – witness – to the contemporary reporter.
2. Conscious voluntary acceptance: are the acts and events that relate human behavior of the Prophet (PYB) or personal experience.
Both the Koranic texts such as the authenticity of the Sunna tested are divided into:
I) of clear and unchanging meaning. Thus they have a meaning and value absolute link, which takes precedence over other sources of law (except the Quran).
Ii) interpreting texts or wide open to interpretation by different schools of Islamic law, and whose value is relative.
The Sunnah can abrogate, restrict, modify or clarify Koranic precepts in very specific cases.
c. The Ijtihad – Resolutions
Legal Resolutions are the result of intellectual effort of Muslim jurists, using his own interpretation. The methodology adopted for these decisions are based on access and direct use of the two main sources of Islamic law (Qur’an and Sunna), in order to make decisions on current legal issues.
At present, the enactment of laws, rulings, etc. has transformed from being of an individual to be collective in nature, due to higher commissions made up of specialists in the subject matter (theologians, jurists, physicians, economists, etc.) In fact, such commissions have been verdicts on various topics Today, as banking, euthanasia, artificial insemination, organ transplants, etc.
Previous interpretations of what God (through the Quran), holds supremacy over the legislature, followed by His Prophet Muhammad (PYB) (through the Sunna), and that the Shari’a (law) is the set principles and precepts that govern human life.
Classification of the Shari’a laws
Shari’a laws are classified in the following order:
1) Precepts implementing decrees or obligation (Fard): they are laws, unequivocal meaning that do not support any interpretation drawn from Koranic texts of the Sunna, or decisions by consensus. The violation is punishable by a Fard before God and before the competent authorities (sin and crime at the same time.)
The violation of a mandatory restoration involves Fard.
2) Requirements and Duties required performance (Uáyib): are the laws of range between Fard and Sunna, the omission requires repair replacement.
3) Prophetic Rules (Sunna) regulations and standards are inspired by the prophetic behavior, and rewarded merit enforcement.
Prophetic standards are of two types:
a) Standards confirmed (Sunna Muakkada) whose rape is reprehensible.
b) Preferential rules: the execution get rewarded, but their omission is not blameworthy.
Branches of Fiqh
As mentioned above, the Fiqh (Jurisprudence), is:
“The science of the Shari’a in general and issues relating to religion and human relationships (Civil, Commercial, etc..) In particular.”
The Fiqh is divided into two main branches: Al’Ibadát and Al Mu’amalát.
A) Al ‘Ibadat is the part of Fiqh which deals with acts of worship.
B) Al Mu’amalát Fiqh is the part of dealing with different areas of law: Commercial Law, Civil, Criminal, Labor, etc.
Al ‘Ibadat “The acts of worship or worship” is divided into:
· At Tahara – Personal hygiene
· As Salat – Prayer
· As Zakat – The fiscal contribution
· As Siam – Fasting
· Al Hajj – Pilgrimage
