Editing Sharia (section)

=== Branches and details (''furūʿ al-fiqh'') ===
{{Fiqh}}
{{Further|Topics in Sharia law|Fatwa}}
The domain of ''furūʿ al-fiqh'' (lit. branches of fiqh) is traditionally divided into ''ʿibādāt'' (rituals or acts of worship) and ''muʿāmalāt'' (social relations).{{sfn|Calder|2009}}{{sfn|Rabb|2009b}} Many jurists further divided the body of substantive jurisprudence into "the four quarters", called rituals, sales, marriage and injuries.{{sfn|Hallaq|2009|pp=28–30}} Each of these terms figuratively stood for a variety of subjects.{{sfn|Hallaq|2009|pp=28–30}} For example, the quarter of sales would encompass partnerships, guaranty, gifts, and bequests, among other topics.{{sfn|Hallaq|2009|pp=28–30}} Juristic works were arranged as a sequence of such smaller topics, each called a "book" (''kitab'').{{sfn|Calder|2009}}{{sfn|Hallaq|2009|pp=28–30}} The special significance of ritual was marked by always placing its discussion at the start of the work.{{sfn|Calder|2009}}{{sfn|Hallaq|2009|pp=28–30}}

Some historians distinguish a field of [[Islamic criminal law]], which combines several traditional categories.{{sfn|Vikør|2014}}{{sfn|Ziadeh|2009c}}{{sfn|Schneider|2014}} Several crimes with scripturally prescribed punishments are known as ''[[hudud]]''.{{sfn|Vikør|2014}} Jurists developed various restrictions which in many cases made them virtually impossible to apply.{{sfn|Vikør|2014}} Other crimes involving intentional bodily harm are judged according to a version of ''[[lex talionis]]'' that prescribes a punishment analogous to the crime (''[[qisas]]''), but the victims or their heirs may accept a monetary compensation (''[[Diya (Islam)|diya]]'') or pardon the perpetrator instead; only ''diya'' is imposed for non-intentional harm.{{sfn|Vikør|2014}}{{sfn|Ziadeh|2009c}} Other criminal cases belong to the category of ''[[Tazir|taʿzīr]]'', where the goal of punishment is correction or rehabilitation of the culprit and its form is largely left to [[Judicial discretion|the judge's discretion]].{{sfn|Vikør|2014}}{{sfn|Ziadeh|2009c}} 

Which crime falls into which category may vary depending on understanding. For example, according to some verses and hadiths, those who avoided [[zakat|alms]] and [[salah|prayer]]s were the ones to be fought against,<ref>"I have been ordered (by Allah) to fight against the people until they testify that none has the right to be worshipped but Allah and that Muhammad is Allah's Messenger, and offer the prayers perfectly and give the obligatory charity, so if they perform that, then they save their lives and property from me except for Islamic laws and then their reckoning (accounts) will be done by Allah."https://sunnah.com/bukhari/2/18</ref><ref name="zakat">{{cite web |title=Obligatory Charity Tax (Zakat). Sahih al-Bukhari 1399, 1400. Book 24, Hadith 5. Vol. 2, Book 24, Hadith 483 |url=https://sunnah.com/bukhari/24/5 |website=Sunnah.com |access-date=23 December 2020}}</ref>) and according to some understandings, they were [[Apostasy in Islam|people who had abandoned religion]] – theologians debated whether worship was a part of faith – and according to classical [[Islamic schools and branches|fiqh sects]], they were people who should be killed.<ref>{{cite journal | doi=10.52637/kiid.982657 | title=İslam Hukukunda Namaz Kılmayanın Hükmü | date=2021 | last1=Eki̇Nci̇ | first1=Ahmet | journal=Kocatepe İslami İlimler Dergisi | volume=4 | issue=2 | pages=388–409 | doi-access=free }}</ref> However, even if today's dominant understanding defines the abandonment of worship as [[fasiq|sinfulness]], does not approve of giving worldly punishment for them. However, in Sharia governments, their testimony against a devout Muslim may not be accepted, they may be humiliated and barred from certain positions because of this tag. In practice, since early on in Islamic history, criminal cases were usually handled by ruler-administered courts or local police using procedures which were only loosely related to Sharia.{{sfn|Calder|2009}}{{sfn|Ziadeh|2009c}}
[[File:Aceh caning 2014, VOA.jpg|thumb|300px|A convict receiving a [[caning]] sentence in [[Banda Aceh]] under sharia, 19 September 2014. Tazir punishments can range from a simple scolding, to [[flogging]], exile and execution,<ref>{{cite book | last=Ibn Nujaym | first=Zayn al-Dīn Ibrāhīm | title=al-Baḥr al-rāʾiq sharḥ Kanz al-daqāʾiq | publisher=Dar al-kutub al-ʿilmiyya | year=1997 | pages=V: 68}}</ref><ref>James E. Baldwin (2012), Prostitution, Islamic Law and Ottoman Societies, Journal of the Economic and Social History of the Orient, 55, pp. 117–52</ref><ref>{{cite book | last=Terrill | first=Richard | title=World criminal justice systems : a comparative survey | publisher=Anderson Pub | year=2013 | isbn=978-1-4557-2589-2 | pages=562–563}}</ref><ref>{{cite book | title=Justice and human rights in Islamic law|author=Gerald E. Lampe | publisher=International Law Institute | location=Washington, D.C. | year=1997 | isbn=978-0-03-532984-0 | page=88}}</ref> depending on the judge's discretion, and the judge's opinion.<ref>Ta'azir or discretionary punishment may also be used when offenses for which penalties are prescribed in law are attempted but not completed or where mitigating circumstances or weak evidence make the prescribed penalty unreasonable.https://www.ojp.gov/ncjrs/virtual-library/abstracts/taazir-crimes-islamic-criminal-justice-system-p-211-225-1982-m</ref>]]

The two major genres of ''furūʿ'' literature are the ''[[mukhtasar]]'' (concise summary of law) and the ''mabsut'' (extensive commentary).{{sfn|Calder|2009}}  ''Mukhtasars'' were short specialized treatises or general overviews that could be used in a classroom or consulted by judges.{{sfn|Calder|2009}}{{sfn|Vikør|2014}}{{sfn|Hallaq|2009|pp=10–11}} A ''mabsut'', which usually provided a commentary on a ''mukhtasar'' and could stretch to dozens of large volumes, recorded alternative rulings with their justifications, often accompanied by a proliferation of cases and conceptual distinctions.{{sfn|Calder|2009}}{{sfn|Hallaq|2009|pp=10–11}} The terminology of juristic literature was conservative and tended to preserve notions which had lost their practical relevance.{{sfn|Calder|2009}} At the same time, the cycle of abridgement and commentary allowed jurists of each generation to articulate a modified body of law to meet changing social conditions.{{sfn|Hallaq|2009|pp=10–11}} Other juristic genres include the ''qawāʿid'' (succinct formulas meant to aid the student remember general principles) and collections of fatwas by a particular scholar.{{sfn|Vikør|2014}}

Classical jurisprudence has been described as "one of the major intellectual achievements of Islam"<ref name="Lewis-ME-223">{{cite book|last1=Lewis|first1=Bernard|title=The Middle East, a brief history of the last 2000 years |date=1995|publisher=Simon and Schuster|location=NY|isbn=978-0684832807|page=223}}</ref> and its importance in Islam has been compared to that of [[theology]] in [[Christianity]].{{refn|group=note|"What theology is for the Christian, law is for the Muslim."<ref name="Smith-1957-57">{{cite book|last1=Smith|first1=W.|title=Islam in Modern History|date=1957|page=57}}</ref> referenced in <ref name="Forte-1978-2"/>}}