Editing Sharia (section)

==== Ahkam al-shar'iyya (Decision types; labels) ====
{{Main|Ahkam|Islamic criminal jurisprudence}}
Fiqh is concerned with ethical standards as much as with legal norms, seeking to establish not only what is and is not legal, but also what is morally right and wrong.{{sfn|Coulson|El Shamsy|2019}}{{sfn|Hallaq|2010|p=145}} Sharia rulings fall into one of five categories known as "the five decisions" (''al-aḥkām al-khamsa''): [[Fard|mandatory]] (''farḍ'' or ''wājib''), [[Mustahabb|recommended]] (''mandūb'' or ''mustaḥabb''), [[Mubah|neutral]] (''mubāḥ''), [[Makruh|reprehensible]] (''makrūh''), and [[Haram|forbidden]] (''ḥarām'').{{sfn|Vikør|2014}}{{sfn|Schneider|2014}}

It is a sin or a crime to perform a forbidden action or not to perform a mandatory action.{{sfn|Vikør|2014}} Reprehensible acts should be avoided, but they are not considered to be sinful or punishable in court.{{sfn|Vikør|2014}}{{sfn|Hallaq|2009|p=20}} Avoiding reprehensible acts and performing recommended acts is held to be subject of reward in the afterlife, while neutral actions entail no judgment from God.{{sfn|Vikør|2014}}{{sfn|Hallaq|2009|p=20}} Jurists disagree on whether the term ''[[Halal|ḥalāl]]'' covers the first three or the first four categories.{{sfn|Vikør|2014}} The legal and moral verdict depends on whether the action is committed out of necessity (''ḍarūra'') and on the underlying intention (''[[niyya]]''), as expressed in the legal maxim "acts are [evaluated according] to intention."{{sfn|Vikør|2014}}

[[File:Prof. Dr. Mustafa Öztürk (cropped).jpg|180px|right|thumb|[[Mustafa Öztürk]] follows [[Fazlur Rahman Malik]]'s footsteps and says that the verses are revealed on [[Quranic hermeneutics|the historical context]], the [[Ahkam]] are not among the essence and [[maqasid|purposes of religion]], with an example: [[Islamic views on concubinage|Slaves were considered property]]; could be bought, sold, rented and shared.<ref name=jebro>Jonathan E. Brockopp (2000), Early Mālikī Law: Ibn ʻAbd Al-Ḥakam and His Major Compendium of Jurisprudence, Brill, {{ISBN|978-9004116283}}, pp. 131</ref><ref>Levy (1957) p. 77</ref> [[Al-Sarakhsi]] decided that the paternity determination of the child to be born could be made by [[Lottery|draw]], and asks how many of you can accept this understanding today?<ref>{{YouTube|id=https://www.youtube.com/watch?v=Jwl85m-bSeA |title=3 Çarpıcı Örnek: Kurban, Kölelik ve Allah Tasavvuru}}</ref>]]
[[Hanafi]] fiqh does not consider both terms as synonymous and makes a distinction between "[[fard]]" and "[[wajib]]"; In Hanafi fiqh, two conditions are required to impose the fard rule. 1. [[Nass (Islam)|Nass]], (only verses of the Qur'an can be accepted as evidence here, not [[hadith]]s) 2.The expression of the text referring to the subject must be clear and precise enough not to allow other interpretations. The term wajib is used for situations that do not meet the second of these conditions.<ref>"According to the Bishair the fardh, is like the wajib but the wajib expresses [that something should] occur and the fard, expresses [that something has] a definitive assessment. https://brill.com/display/book/edcoll/9789047400851/B9789047400851_s012.xml?language=en {{Webarchive|url=https://web.archive.org/web/20240406013755/https://brill.com/display/book/edcoll/9789047400851/B9789047400851_s012.xml?language=en |date=6 April 2024 }}</ref>
However, this understanding may not be sufficient to explain every situation. For example, Hanafis accept [[Salah|5 daily prayers]] as fard. However, some religious groups such as [[Quranists]] and [[Shiites]], who do not doubt that the Quran existing today is a religious source, infer from the same verses that it is clearly ordered to pray 2 or 3 times,<ref>Zum Beispiel Sayyid Ahmad Khan. Vgl. Ahmad: ''Islamic Modernism in India and Pakistan 1857–1964''. 1967, S. 49.</ref><ref>{{cite web|title=Ek 15 – Dini Görevler: Tanrı'dan Bir Armağan|url=http://www.teslimolanlar.org/ekler.php?ekid=15|access-date=30 May 2021|website=Teslimolanlar|archive-date=5 November 2021|archive-url=https://web.archive.org/web/20211105182152/http://www.teslimolanlar.org/ekler.php?ekid=15|url-status=dead}}</ref><ref>Vgl. Birışık: "Kurʾâniyyûn" in ''Türkiye Diyanet Vakfı İslâm Ansiklopedisi''. 2002, Bd. 26, S. 429.; Yüksel; al-Shaiban; Schulte-Nafeh: ''Quran: A Reformist Translation''. 2007, S. 507.</ref><ref>{{Cite web |title=10. How Can we Observe the Sala Prayers by Following the Quran Alone? - Edip-Layth - quranix.org |url=http://quranix.org/appendix/qrt/10 |access-date=14 August 2023 |website=quranix.org |archive-date=2 March 2024 |archive-url=https://web.archive.org/web/20240302203849/https://www.quranix.org/appendix/qrt/10 |url-status=live }}</ref> not 5 times. In addition, in religious literature, wajib is widely used for all kinds of religious requirements, without expressing any fiqh definition.

As seen above and in many other examples, classifications and labels have a relative character shaped by the understanding of the people and groups who make them. For example, believing in the existence and miracles of [[Wali|Awliya]] is presented as a "condition" for orthodox Islam by many prominent Sunni creed writers such as [[Al-Tahawi]] and [[Abu Hafs Umar al-Nasafi|Nasafi]]<ref name="Jonathan A.C. Brown 2012 p. 123">Jonathan A. C. Brown, "Faithful Dissenters: Sunni Skepticism about the Miracles of Saints", ''Journal of Sufi Studies'' 1 (2012), p. 123</ref><ref name="Christopher Taylor 1999 pp. 5-6">Christopher Taylor, ''In the Vicinity of the Righteous'' (Leiden: Brill, 1999), pp. 5–6</ref> and is accepted in traditional Sunnis and Shi'ism. However, this understanding, along with expressions of respect and visits to the graves of saints, are seen as unacceptable [[heresy]] by puritanical and revivalist Islamic movements such as [[Salafism]], [[Wahhabism]] and [[Islamic Modernism]].<ref name="ReferenceA">{{cite encyclopedia|title=Encyclopedia of Islam |year=2012|editor4-first=Thierry |editor4-last=Bianquis|editor2-first=Clifford Edmund |editor2-last=Bosworth|editor3-first=Emeri Johannes |editor3-last=van Donzel|editor1-first=Wolfhart |editor1-last=Heinrichs|encyclopedia=[[Encyclopaedia of Islam]]|isbn=978-90-04-16121-4}}</ref>

[[File:Slaves Zadib Yemen 13th century BNF Paris.jpg|thumb|left|13th century slave market, during the era of [[slavery in Yemen]].  see also: [[Islamic views on concubinage]].]]
About six verses address [[Hijab|the way a woman should dress]] when in public;<ref name="bucar">{{cite book|title=Creative Conformity: The Feminist Politics of U.S. Catholic and Iranian Shi'i Women|author=Elizabeth M. Bucar|publisher=Georgetown University Press|year=2011 |url=https://books.google.com/books?id=eQVxVEldP0sC&pg=PA118|page=118|isbn=9781589017528}}</ref> Muslim scholars have differed as how to understand these verses, with some stating that a Hijab is a command (fard) to be fulfilled<ref name=Hameed>{{Cite web
|archive-url=https://web.archive.org/web/20230404160153/https://islamonline.net/en/is-hijab-a-quranic-commandment/
|archive-date=4 April 2023
|date=9 October 2003|title=Is Hijab a Qur'anic Commandment?
|url=https://islamonline.net/en/is-hijab-a-quranic-commandment/
|access-date=1 June 2023
|first=Shahul |last=Hameed }}</ref>{{refn|group=note|By 1980, veiling was required in government and educational settings in [[Iran]], with the 1983 penal code imposing 74 lashes for not adhering to the hijab, though the exact requirements were unclear.<ref name="Ramezani10">Ramezani, Reza (spring 2007). [http://www.magiran.com/view.asp?Type=pdf&ID=429897 ''Hijab dar Iran az Enqelab-e Eslami ta payan Jang-e Tahmili''] {{Webarchive|url=https://web.archive.org/web/20190302023158/http://www.magiran.com/view.asp?Type=pdf&ID=429897 |date=2 March 2019 }} ''[Hijab in Iran from the Islamic Revolution to the end of the Imposed war]'' (Persian), Faslnamah-e Takhassusi-ye Banuvan-e Shi’ah [Quarterly Journal of Shiite Women] '''4''':11, Qom: Muassasah-e Shi’ah Shinasi, pp. 251–300, {{ISSN|1735-4730}}</ref><ref name="bucar"/><ref>{{cite web|publisher=Islamic Parliament Research Center|title=قانون مجازات اسلامی (Islamic Penal Code), see ‌ماده 102 (article 102)|access-date=12 October 2016|url=http://rc.majlis.ir/fa/law/show/90789|archive-url=https://web.archive.org/web/20161012181712/http://rc.majlis.ir/fa/law/show/90789|archive-date=12 October 2016|url-status=live}}</ref> This led to public tensions and vigilante actions regarding proper hijab.<ref name="Ramezani10" /><ref name="bucar" /> Subsequent regulations in 1984 and 1988 clarified dress-code standards, and the current penal code prescribes fines or prison terms for failing to observe hijab, without detailing its specific form.<ref name="Ramezani10" /><ref name="kelly-breslin">{{cite book|title=Women's Rights in the Middle East and North Africa: Progress Amid Resistance|author1=Sanja Kelly |author2=Julia Breslin|publisher=Rowman & Littlefield Publishers|year=2010|url=https://books.google.com/books?id=r4ZkIzcLVZsC&pg=PA126|page=126|isbn=9781442203976}}</ref><ref>{{cite book|title=Space, Culture, and the Youth in Iran: Observing Norm Creation Processes at the Artists' House|author=Behnoosh Payvar|publisher=Springer|year=2016|url=https://books.google.com/books?id=AJukCgAAQBAJ&pg=PT73|page=73|isbn=9781137525703}}</ref>}} and others say simply not.<ref name="Asra-2015">{{cite news |last1=Nomani |first1=Asra Q. |last2=Arafa |first2=Hala |title=Opinion: As Muslim women, we actually ask you not to wear the hijab in the name of interfaith solidarity |url=https://www.washingtonpost.com/news/acts-of-faith/wp/2015/12/21/as-muslim-women-we-actually-ask-you-not-to-wear-the-hijab-in-the-name-of-interfaith-solidarity/ |access-date=22 December 2022 |newspaper=Washington Post |date=21 December 2015 |language=en |archive-date=21 December 2015 |archive-url=https://web.archive.org/web/20151221184811/https://www.washingtonpost.com/news/acts-of-faith/wp/2015/12/21/as-muslim-women-we-actually-ask-you-not-to-wear-the-hijab-in-the-name-of-interfaith-solidarity/ |url-status=live }}</ref>{{refn|group=note|[[Beyza Bilgin]] states that the expression 'let them put their outer coverings over themselves' in the 59th verse of [[Al-Aḥzāb|Al-Ahzab]] was revealed because they harassed women under the conditions of that day, considering them to be concubines, and commented as follows:<ref name=":0">{{Cite web |last= |date=28 May 2008 |title="Örtünmek Allah'ın emri değil" |url=http://www.haberturk.com/yasam/haber/76927-ortunmek-allahin-emri-degil |archive-url=https://web.archive.org/web/20161220131809/http://www.haberturk.com/yasam/haber/76927-ortunmek-allahin-emri-degil |archive-date=20 December 2016 |access-date=7 February 2017 |website= |publisher=haberturk.com |language=Turkish}}</ref><blockquote>"In other words, veiling is a security issue that arose according to the needs of that period. These are not taken into consideration at all and are reflected as God's command. Women have been called God's command for a thousand years. Women said the same thing to their daughters and daughters-in-law."</blockquote>She said the following about covering herself in [[Salah|prayer]] :<blockquote>"They tell me; 'Do you cover yourself while praying?' Of course, I cover up when I'm in congregation. I am obliged not to disturb the peace. But I also pray with my head uncovered in my own home. Because the Quran's requirement for prayer is not covering up, but ablution and turning towards the qibla. This is a thousand year old issue. It's so ingrained in us. But this should definitely not be underestimated. Because people do it thinking it is God's command. But on the other hand, we should not declare a person who does not cover up as a bad woman''.''"<ref name=":0"/>}}

The statement in the Qur'an that determines the status of slaves and concubines in the understanding of Sharia is as follows; ''ma malakat aymanuhum'' or ''milk al-yamin''<ref name="auto1"/> meaning "[[Islamic views on slavery|those whom your right hands possess]]". It is often stated today that Sharia provides many rights to slaves and aims to eradicate slavery over time. However, the sexual use of female slaves was considered within their definition of "property", and with a few exceptions,{{refn|group=note| In Shiite jurisprudence, it is unlawful for a master of a female slave to grant a third party the use of her for sexual relations.  The Shiite scholar [[Shaykh al-Tusi]] stated: ولا يجوز إعارتها للاستمتاع بها لأن البضع لا يستباح بالإعارة "It is not permissible to loan (the slave girl) for enjoyment purpose, because sexual intercourse cannot be legitimate through loaning"<ref> Shaykh al-Tusi stated in Al-Mabsut, Volume 3 page 57</ref> and the Shiite scholars al-Muhaqiq al-Kurki, [[Allamah Al-Hilli]] and Ali Asghar Merwarid made the following ruling: ولا تجوز استعارة الجواري للاستمتاع
"It is not permissible to loan the slave girl for the purpose of sexual intercourse"<ref>al-Muhaqiq al-Kurki in ''Jame'a al-Maqasid'', Volume 6 page 62, Allamah al-Hilli in ''Al-Tadkira'', Volume 2 page 210 and Ali Asghar Merwarid in ''Al-Yanabi al-Fiqhya'', Volume 17 page 187</ref>}} unrestricted sexual use as well as their physical exploitation were approved in traditional Islamic law by the [[ulama]].{{Citation needed|date=December 2024}}

A special religious decision, which is "specific to" a person, group, institution, event, situation, belief and practice in different areas of life, and usually includes the approval/disapproval of a judgment, is called [[fatwa]]. [[Tazir|Tazir penalties]], which are outside the [[Qisas]] and [[Hudud]] laws, have not been codified, and their discretion and implementation are under the initiative and authority of the judge or political authority.{{sfn|Vikør|2014}}{{sfn|Ziadeh|2009c}} [[Mustafa Öztürk]] points out some another developments in the [[Aqidah|Islamic creed]], leading changes in ahkam such as determining the conditions of [[takfir]] according to [[Kalam|theologians]]; First Muslims believed that God [[Al-Ḥayy|lived]] in [[Seven Heavens|the sky]] as [[Ahmad Ibn Hanbal]] says: "Whoever says that Allah is everywhere is a [[heretic]], an infidel, should be invited to repent, but if he does not, be killed." This understanding changes later and gives way to the understanding that "God cannot be assigned a place and He is everywhere."<ref>{{Cite web |title=bir söyleşide yaptığı ilgili açıklama | website=[[YouTube]] | date=15 August 2016 |url=https://www.youtube.com/watch?v=1HrZ8Yu1m2g |archive-url=https://web.archive.org/web/20201205025925/https://www.youtube.com/watch?v=1HrZ8Yu1m2g |archive-date=5 December 2020 |access-date=15 August 2016}}</ref>

Judgment that concerns individuals is personal and, for example, in an Islamic Qisas or [[Diya (Islam)|compensation]] decisions, jurist must take into account "personal labels" such as the [[women in islam|gender]], [[islamic views on slavery|freedom]], religious and [[social status]] such as [[mu'min]], [[kafir]], [[musta'min]], [[dhimmi]], [[apostate]], etc. Similar distinctions also apply to witnessing practices, which have a fundamental value in the establishment of judicial provisions, such as the identification of the criminals. Islamic preachers constantly emphasize the importance of [[Adl|adalah]], and in trials, the judge is not expected to observe equality among those on trial, but is expected to act fairly or balanced. Traditional fiqh states that legal and religious responsibility begins with [[baligh|rushd]].