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<i>Fiqh</i> Islamic jurisprudence

Fiqh is Islamic jurisprudence. Fiqh is often described as the human understanding and practices of the sharia, that is human understanding of the divine Islamic law as revealed in the Quran and the Sunnah. Fiqh expands and develops Shariah through interpretation (ijtihad) of the Quran and Sunnah by Islamic jurists (ulama) and is implemented by the rulings (fatwa) of jurists on questions presented to them. Thus, whereas sharia is considered immutable and infallible by Muslims, fiqh is considered fallible and changeable. Fiqh deals with the observance of rituals, morals and social legislation in Islam as well as political system. In the modern era, there are four prominent schools (madh'hab) of fiqh within Sunni practice, plus two within Shi'a practice. A person trained in fiqh is known as a faqīh.

A fatwā is a legal ruling on a point of Islamic law (sharia) given by a qualified Faqih in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a mufti, and the act of issuing fatwas is called iftāʾ. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era.

<span class="mw-page-title-main">Lawyer</span> Practitioner of law

A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession.

<span class="mw-page-title-main">Roman law</span> Legal system of Ancient Rome (c. 449 BC – AD 529)

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

<span class="mw-page-title-main">Sharia</span> Islamic law

Sharia is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations. The manner of its application in modern times has been a subject of dispute between Muslim fundamentalists and modernists.

<span class="mw-page-title-main">Jurist</span> Legal scholar or academic, a professional who studies, teaches and develops law

A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" is a jurisconsult (iurisconsultus).

Ijtihad is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid. According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence, and is not employed where authentic and authoritative texts are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (ijma). Ijtihad is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ijtihad is called as a "mujtahid".

<span class="mw-page-title-main">Hanafi</span> One of the four major schools of Sunni Islamic jurisprudence

The Hanafi school, Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools (madhhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the Madhhab of Jurists. Most of the later and modern day Ahnaf, plural of Hanafi follows Maturidi theology.

A Madhhab is a school of thought within fiqh.

<span class="mw-page-title-main">Mufti</span> Islamic jurist qualified to issue a nonbinding opinion on a point of Islamic law

A Mufti is an Islamic jurist qualified to issue a nonbinding opinion (fatwa) on a point of Islamic law (sharia). The act of issuing fatwas is called iftāʾ. Muftis and their fatwas played an important role throughout Islamic history, taking on new roles in the modern era.

<span class="mw-page-title-main">International Commission of Jurists</span> Non-governmental human rights organization based in Geneva, Switzerland

The International Commission of Jurists (ICJ) is an international human rights non-governmental organization. It is a standing group of 60 eminent jurists—including senior judges, attorneys and academics—who work to develop national and international human rights standards through the law. Commissioners are known for their experience, knowledge and fundamental commitment to human rights. The composition of the Commission aims to reflect the geographical diversity of the world and its many legal systems.

Principles of Islamic jurisprudence, also known as uṣūl al-fiqh, are traditional methodological principles used in Islamic jurisprudence (fiqh) for deriving the rulings of Islamic law (sharia).

A faqīh is an Islamic jurist, an expert in fiqh, or Islamic jurisprudence and Islamic Law.

<span class="mw-page-title-main">Georges Gurvitch</span> French sociologist

Georges Gurvitch was a Russian-born French sociologist and jurist. One of the leading sociologists of his times, he was a specialist of the sociology of knowledge. In 1944 he founded the journal Cahiers internationaux de Sociologie. He held a chair in sociology at the Sorbonne in Paris. An outspoken advocate of Algerian decolonization, Gurvitch and his wife were the victim of terrorist attack by the far-right nationalist group, L'O.A.S on June 22, 1962. Their apartment was destroyed by a bomb, and they took refuge for a time at the house of painter Marc Chagall.

<span class="mw-page-title-main">JURIST</span>

JURIST is a non-profit online legal news service run by law student volunteers from 29 law schools in the US, the UK, the Netherlands, Kenya, Mauritius, India, Australia, and New Zealand. It features continuously updated US and international legal news based on primary source documents and contextualized by informed commentary provided by law professors, policymakers, lawyers and law students. An internet-based example of service learning, JURIST gives its law student staffers ongoing opportunities to broaden their awareness of current legal events and develops their research and writing skills in a 21st-century technological environment while they serve the public as apprentice journalists. JURIST is owned and operated by JURIST Legal News and Research Services, Inc., a 501(c)(3) educational organization based at the University of Pittsburgh School of Law led by Executive Director Megan McKee in conjunction with a Board of Directors chaired by Professor Bernard Hibbitts, who is also JURIST’s Publisher & Editor-in-Chief.

<span class="mw-page-title-main">Islamic adoptional jurisprudence</span> Aspect of Islamic law

Islamic views on adoption are generally distinct from practices and customs of adoption in other non-Muslim parts of the world like Western or East Asian societies. The adoption in the western sense of the word is not recognized in Islam.

<span class="mw-page-title-main">Sociology of law</span> Sub-discipline of sociology relating to legal studies

The sociology of law is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintaining interdependence, and constituting themselves as sources of consensus, coercion and social control".

The Center for Air and Space Law at the University of Mississippi School of Law has been the premier U.S. platform for Air and Space Law since 1965. It is the only American Bar Association accredited law school to offer an LL.M., a JD Concentration and a Graduate Certificate in Air and Space Law. The core of the space law program was built by Stephen Gorove, one of the earliest jurists to focus on legal aspects of space exploration.

The term legal transplant was coined in the 1970s by the Scottish legal scholar W.A.J. 'Alan' Watson to indicate the moving of a rule or a system of law from one country to another. The notion of legal transplantation is diffusionism-based and according to this concept most changes in most legal systems occur as the result of borrowing. As maintained by Watson, transplantation is the most fertile source of legal development.

William Lawrence Twining is the Emeritus Quain Professor of Jurisprudence at University College London, having held the post until 1996. He is a leading member of the Law in Context movement, and has contributed especially to jurisprudence, evidence and proof, legal method, legal education, and intellectual history. He has focused recently on "globalization" and legal theory.