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 jurist 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.
Sharia is a body of religious law that forms 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.
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).
The politics of Iran takes place in the framework of an Islamic theocracy which was formed following the overthrow of Iran's millennia-long monarchy by the 1979 Iranian Islamic Revolution.
A waqf, also known as hubous (حُبوس) or mortmain property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets. A charitable trust may hold the donated assets. The person making such dedication is known as a waqif. In Ottoman Turkish law, and later under the British Mandate of Palestine, a waqf was defined as usufruct state land from which the state revenues are assured to pious foundations. Although the waqf system depended on several hadiths and presented elements similar to practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment called waqf dates from the 9th century AD.
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".
The Hanafischool is one of the four traditional major Sunni schools (maddhab) of Islamic jurisprudence (fiqh). Its eponym is the 8th-century Kufan scholar, Abū Ḥanīfa an-Nu‘man ibn Thābit, a tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani.
A madhhab is a school of thought within fiqh.
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.
In Islamic jurisprudence, qiyas is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction (nass) to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes. The ʿillah is the specific set of circumstances that trigger a certain law into action. An example of the use of qiyās is the case of the ban on selling or buying of goods after the last call for Friday prayers until the end of the prayer stated in the Quran 62:9. By analogy this prohibition is extended to other transactions and activities such as agricultural work and administration. Among Sunni Muslims, Qiyas has been accepted as a secondary source of Sharia law along with Ijmāʿ, after the primary sources of the Quran, and the Sunnah.
A faqīh is an Islamic jurist, an expert in fiqh, or Islamic jurisprudence and Islamic Law.
Islamic Government, also known as The Jurist's Guardianship: Islamic Government, (Persian: حکومت اسلامی ولایت فقیه, Velayat-e faqih: Hokumat-i Eslami ) is a book by the Iranian Shi'i Muslim cleric/jurist, and revolutionary, Ayatollah Ruhollah Khomeini. First published in 1970, it is perhaps the most influential document written in modern times in support of theocratic rule.
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.
Christopher Melchert is an American professor and scholar of Islam, specialising in Islamic movements and institutions, especially during the ninth and tenth centuries. A prolific author, he is professor of Arabic and Islamic studies at the University of Oxford's Oriental Institute, and is a Fellow in Arabic at Pembroke College, Oxford.
The Guardianship or Governance/Wilāyat of/by an Islamic Jurist/Faqīh, is a concept in Twelver Shia Islamic law which holds that until the reappearance of the "infallible Imam", at least some of the "religious and social affairs" of the Muslim world should be administered by righteous Shi'i jurists. Shia disagree over whose "religious and social affairs" are to be administered and what those affairs are.
Muhammad b. Ahmad b. Abi Sahl Abu Bakr al-Sarakhsi, was a Persian jurist and also an Islamic scholar of the Hanafi school of thought. He was traditionally known as Shams al-A'imma.
Various sources of Islamic Laws are used by Islamic jurisprudence to elaborate the body of Islamic law. In Sunni Islam, the scriptural sources of traditional jurisprudence are the Holy Qur'an, believed by Muslims to be the direct and unaltered word of God, and the Sunnah, consisting of words and actions attributed to the Islamic prophet Muhammad in the hadith literature. In Shi'ite jurisprudence, the notion of Sunnah is extended to include traditions of the Imams.
Muslim views on abortion are shaped by the Hadith as well as by the opinions of legal and religious scholars and commentators. The Quran does not directly address intentional abortion, leaving greater discretion to the laws of individual countries. Although opinions among Islamic scholars differ over when a pregnancy can be terminated, there are no explicit prohibitions on a woman's ability to abort under Islamic law.
The Supreme Leader of Iran, also referred to as Supreme Leader of the Islamic Revolution, but officially called the Supreme Leadership Authority, is the head of state and the highest political and religious authority of the Islamic Republic of Iran. The armed forces, judiciary, state television, and other key government organisations such as Guardian Council and Expediency Discernment Council are subject to the Supreme Leader. According the constitution, the Supreme Leader delineates the general policies of the Islamic Republic, supervising the legislature, the judiciary, and the executive branches. The current lifetime officeholder, Ali Khamenei, has issued decrees and made the final decisions on the economy, the environment, foreign policy, education, national planning, and other aspects of governance in Iran. Khamenei also makes the final decisions on the amount of transparency in elections, and has dismissed and reinstated presidential cabinet appointees. The Supreme Leader is legally considered "inviolable", with Iranians being routinely punished for questioning or insulting him.
