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Qur'an
- As the primary source of God’s revelation, the Qur’an is the sourcebook of Islamic principles and values.
- Only about 80 verses can be considered strictly legal.
Core Ethical Teachings:
Islamic Jurisprudence
Qiays
(Analogical Reasoning )
- Extending established legal precedence to new matters by identifying an operative cause applicable to both situations.
- Compare and contrast the teachings of the Hadith
and the Qur'an
Sunnah
- Shariah means ‘the way’ and ‘source of water’.
- Some have understood Shariah to be a political system, while others have understood it be an ideology or simply a way of life.
- Words, actions and approvals of the Prophet Muhammad as the messenger of God.
- In relation to the prophet
Secondly, law and ethics must protect the following five basic human rights.
1. Life; Right to live
2. Property; Right to personal property
3. Human Mind; Thinking freely
4. Belief and Religion; Right to keep and pass on
5. Family and Lineage; Right to raise a family
- Islamic law and the process involved in gaining knowledge of this law (Sharia)
- Shariah law is the islamic legal system derived from sources such as the Qur'an , the Hadith and the Sunnah
- This content strand also focuses on the consequences of these laws as well as comparisons of laws
Imja
Principles of Islamic
Jurisprudence
Firstly, there is an overall purpose for Islamic law.
–‘to promote good and to benefit human beings and to protect them from evil, from harm and from subsequent suffering’ – Ash-Shatibi (d. 1388)
Thirdly, Muslim jurists also take into account important methodical principles that are utilised when addressing ethical problems.
The Sunnah
“Whoever helps a brother in difficulty, God will help him through his difficulties on the Day of Judgement.”
Activity:
Using the Principles of Islamic jurisprudence
Human mind/Life: Human life is sacred. The saving of one life is regarded as the saving of all humanity.
Case study 1: Is organ Donation Permissible?
Case study 2: Is having children through IVF permissible?
The Qur'an
“Whosoever kills any person without another soul being involved or for causing corruption in the earth, it shall be as if he had killed all mankind and whosoever saves the life of one it shall be as if he had saved the life of all mankind.” (5:32)
- Consensus of the community of scholars over a solution to a legal and practical issue is the third source of the law. When a certain ruling lasts the test of time, more and more jurists as well as people accept the ruling making it a consensus.
References
Hartney, C. (2011). Cambridge studies of religion. Retrieved from http://cambridge.edu.au/go/resource/?pid=1161#.VftXP52eDGc
Hazma, W. (2015). What is islamic jurisprudence?. Retrieved rom http://d1.islamhouse.com/data/en/ih_books/single2/en_Principles_of_Islamic_Jurisprudence.pdf
Kamali, M.H. (2010). Principles of islamic jurisprudence. http://d1.islamhouse.com/data/en/ih_books/single2/en_Principles_of_Islamic_Jurisprudence.pdf
Studies of religion stage 6 syllabus (2009). (1st ed.) Sydney. Retrieved from http://www.boardofstudies.nsw.edu.au/syllabus_hsc/pdf_doc/studies-religion-st6-syl-from2010.pdf
- Studies of Religion Preliminary course
- Islam: Core Ethical teachings- Islamic Jurisprudence
- 22 indicative hours