Editing Sharia (section)

==Historical origins==
According to the traditionalist (''[[Atharism|Atharī]]'') Muslim view, the major precepts of Sharia were passed down directly from the Islamic prophet [[Muhammad]] without "historical development"<ref name="Forte-1978-8">{{cite journal|last1=Forte |first1=David F.|title=Islamic Law; the impact of Joseph Schacht|journal=Loyola Los Angeles International and Comparative Law Review|date=1978|volume=1|page=8 |url=http://www.soerenkern.com/pdfs/islam/IslamicLawTheImpactofJosephSchacht.pdf|access-date=19 April 2018 |archive-url=https://web.archive.org/web/20180420073952/http://www.soerenkern.com/pdfs/islam/IslamicLawTheImpactofJosephSchacht.pdf |archive-date=20 April 2018|url-status=live}}</ref> and the emergence of Islamic jurisprudence (''fiqh'') also goes back to the lifetime of Muhammad.{{sfn|Vikør|2014}}{{sfn|Calder|2009}} In this view, his [[Companions of the Prophet|companions]] and followers took what he did and approved of as a model ([[sunnah]]) and transmitted this information to the succeeding generations in the form of [[hadith]].{{sfn|Vikør|2014}}{{sfn|Calder|2009}} These reports led first to informal discussion and then systematic legal thought, articulated with greatest success in the eighth and ninth centuries by the master jurists [[Abu Hanifa]], [[Malik ibn Anas]], [[al-Shafi'i]], and [[Ahmad ibn Hanbal]], who are viewed as the founders of the [[Hanafi school|Hanafi]], [[Maliki school|Maliki]], [[Shafi'i school|Shafiʿi]], and [[Hanbali school|Hanbali]] legal schools (''[[Madhhab|madhāhib]]'') of Sunni jurisprudence.{{sfn|Calder|2009}}
[[File:Imam Shafii Tomb.jpg|250px|thumb|Imam Shafi'i tomb in [[Cairo]], died 820 CE/204 AH]]

Modern historians have presented alternative theories of the formation of fiqh{{sfn|Vikør|2014}}{{sfn|Calder|2009}} while they have accepted the general outlines of the traditionalist account at first.{{sfn|Jokisch|2015}} In the late 19th century, an influential [[Historical revisionism|revisionist]] hypothesis was advanced by [[Ignác Goldziher]] and elaborated by [[Joseph Schacht]] in the mid-20th century.{{sfn|Calder|2009}} Schacht and other scholars<ref>{{cite book |last1=Brown |first1=Daniel W. |author-link=Daniel W. Brown |title=Rethinking tradition in modern Islamic thought |date=1996 |publisher=Cambridge University Press |isbn=978-0521570770 |url=https://www.scribd.com/document/116836545/Rethinking-Traditions-in-Modern-Islamic-Thought-Daniel-w-Brown |access-date=10 May 2018 |ref=DWBRTMIT1996 |pages=18–24 |archive-url=https://web.archive.org/web/20190321033206/https://www.scribd.com/document/116836545/Rethinking-Traditions-in-Modern-Islamic-Thought-Daniel-w-Brown |archive-date=21 March 2019 |url-status=live }}</ref> argued that having conquered much more populous agricultural and urban societies with already existing laws and legal needs, the initial Muslim efforts to formulate legal norms{{refn|group=note|"...the essential features of old Muhammadan jurisprudence, such as the idea of the 'living tradition' of the ancient schools of law [local practices of early Muslim communities]; a body of common doctrine expressing the earliest effort to systematize;  legal maxims which often reflect a slightly later stage, and an important nucleus of legal traditions... it is safe to say that [this] Muhammadan legal science started in the later part of the Umaiyad period, taking the legal practice of the time as its raw material and endorsing, modifying, or rejecting it"<ref name=Schacht-OoMJ-1959-190>{{cite book |title=The Origins of Muhammadan Jurisprudence |last1=Schacht |first1=Joseph |publisher=Oxford University Press |orig-year=1950 |year=1959 |page=190 }}</ref>}}
regarded the Quran{{refn|group=note|Islamic "law did not derive directly from the Koran but developed... out of popular and administrative practices under the Umayyads, and this practice often diverged from the intentions and even the explicit wording of the Koran... Norms derived from the Koran were introduced into Muhammadan law almost invariably at a secondary stage"<ref name=128-schacht>Schacht, Origins, p. 224</ref>}} and Muhammad's hadiths as just one source of law,{{refn|group=note|"In the time of Shafi'i, traditions from the Prophet were already recognized as one of the material bases of Muhammadan law. Their position in the ancient schools of law was, as we have seen, much less certain."<ref name=Schacht-OoMJ-1959-40>{{cite book |title=The Origins of Muhammadan Jurisprudence |last1=Schacht |first1=Joseph |publisher=Oxford University Press |orig-year= 1950 |year= 1959 |page=40 }}</ref> Another example is that an early major works of fiqh—[[Muwatta Imam Malik]] (edited by Shaibani)—contains 429 ahadith by Muhammad but 750 by the [[Sahabah|Companions]], [[Tabi'un|Successors]] and others,<ref name=Schacht-OoMJ-1959-22>{{cite book |title=The Origins of Muhammadan Jurisprudence |last1=Schacht |first1=Joseph |publisher=Oxford University Press |orig-year= 1950 |year= 1959 |page=22 }}</ref> in contrast to later works by al-Bukhari, Muslim, etc. that contain only ahadith by Muhammad.}} with jurist personal opinions, the legal practice of conquered peoples, and the decrees and decisions of the caliphs also being valid sources.<ref name=Jokisch-2018-393>{{cite book |title=The Oxford Handbook of Islamic Law |chapter-url=https://books.google.com/books?id=Qs90DwAAQBAJ&q=schacht+competing+schools+of+law&pg=PA394 |editor1=Anver M. Emon |editor2=Rumee Ahmed |page=393 |last1=Jokisch |first1=Benjamin |chapter=Origins of and influences on Islamic Law |access-date=11 November 2019 |date=2018 |publisher=Oxford University Press |isbn=9780191668265 |archive-date=27 December 2020 |archive-url=https://web.archive.org/web/20201227213724/https://books.google.com/books?id=Qs90DwAAQBAJ&q=schacht+competing+schools+of+law&pg=PA394 |url-status=live }}</ref> According to this theory, most canonical hadiths did not originate with Muhammad but were actually created at a later date, despite the efforts of hadith scholars to weed out fabrications.{{refn|group=note|"...a great many traditions in the classical and other collections were put into circulation only after Shafi'i's time; the first considerable body of legal traditions from the Prophet originated towards the middle of the second century..."<ref name=Schacht-OoMJ-1959-4>{{cite book |title=The Origins of Muhammadan Jurisprudence |last1=Schacht |first1=Joseph |publisher=Oxford University Press |orig-year= 1950 |year= 1959 |page=4 }}</ref>}}
After it became accepted that legal norms must be formally grounded in scriptural sources, proponents of rules of jurisprudence supported by the hadith would extend the [[Hadith studies|chains of transmission]] of the hadith back to Muhammad's companions.{{sfn|Calder|2009}} In his view, the real architect of Islamic jurisprudence was [[al-Shafi'i]], who formulated this idea (that legal norms must be formally grounded in scriptural sources) and other elements of classical legal theory in his work ''[[Al-Risala (al-Shafi'i book)|al-risala]]'',{{sfn|Calder|2009}}{{sfn|Jokisch|2015}} but who was preceded by a body of Islamic law not based on primacy of Muhammad's hadiths.

Some articles that may be considered precursors of Sharia law and rituals can be found in the [[Religion in pre-Islamic Arabia|pre-Islamic Arabic Religions]]; [[Hajj]], [[salāt]] and [[zakāt]] could be seen in pre-Islamic [[safaitic|Safaitic-Arabic]] inscriptions,{{Sfn|Al-Jallad|2022|p=41–44, 68}} and continuity can be observed in many details, especially in today's hajj and [[umrah]] rituals.{{Sfn|Dost|2023}} [[Hijab|The veiling order]], which distinguishes between [[Islamic views on concubinage|slaves]]<ref name=Fadl>{{cite book|author=Khaled Abou El Fadl|title=Speaking in God's Name: Islamic Law, Authority and Women|url=https://books.google.com/books?id=FU4QBwAAQBAJ&pg=PT198|date=1 October 2014|publisher=Oneworld Publications|pages=525–526|isbn=9781780744681}}</ref> and free [[women in Islam]], also coincides with similar distinctions seen in pre-Islamic civilizations.<ref name="Ahmed 1992 15">{{cite book|last=Ahmed|first=Leila|title=Women and Gender in Islam|year=1992|publisher=Yale University Press|location=New Haven|page=15}}</ref><ref name="El Guindi">{{Cite book|last=El Guindi|first=Fadwa|title=Hijab|publisher=The Oxford Encyclopedia of the Islamic World|author2=Sherifa Zahur|year= 2009|doi=10.1093/acref/9780195305135.001.0001|isbn=9780195305135}}</ref>

[[File:Safaitic script with a figure of a camel on a red sandstone fragment, from es-Safa, currently housed in the British Museum.jpg|thumb|[[Safaitic]] script with a figure of a camel on a red sandstone fragment, from [[Al-Safa (Syria)|es-Safa]], currently housed in the British Museum]]
[[Qisas]] was a practice used as a resolution tool in inter-tribal conflicts in [[Pre-Islamic Arabia|pre-Islamic Arab society]]. The basis of this resolution was that a member from the tribe to which the murderer belonged was handed over to the victim's family for execution, equivalent to the social status of the murdered person.<ref>{{Cite journal |last=KIRAZLI |first=SADIK |date=2011 |title=Conflict and Conflict Resolution in the pre-Islamic Arab Society |url=https://www.jstor.org/stable/41932575 |journal=Islamic Studies |volume=50 |issue=1 |pages=25–53 |jstor=41932575 |issn=0578-8072}}</ref> The "condition of social equivalence" meant the execution of a member of the murderer's tribe who was equivalent to the murdered person. For example, only a slave could be killed for a slave, and a woman for a woman. In other cases, ''compensatory payment ([[Blood money in Islam|Diya]])'' could be paid to the family of the murdered. On top of this pre-Islamic understanding added a debate about whether a Muslim can be executed for a non-Muslim during the Islamic period. The main verse for implementation in Islam is [[Al Baqara]] 178: "Believers! Retaliation is ordained for you regarding the people who were killed. Free versus free, slave versus slave, woman versus woman. Whoever is forgiven by the brother of the slain for a price, let him abide by the custom and pay the price well."

Modern historians generally adopt intermediate positions regarding origins,{{sfn|Jokisch|2015}} suggesting that early Islamic jurisprudence developed out of a combination of administrative and popular practices shaped by the religious and ethical precepts of Islam.{{sfn|Ziadeh|2009}}{{sfn|Vikør|2014}}{{sfn|Rabb|2009b}} It continued some aspects of pre-Islamic laws and customs of the lands that fell under Muslim rule in the aftermath of the [[Early Muslim conquests|early conquests]] and modified others, aiming to meet the practical need of establishing Islamic norms of behavior and adjudicating disputes arising in the community.{{sfn|Lapidus|2014|p=125}} Juristic thought gradually developed in study circles, where independent scholars met to learn from a local master and discuss religious topics.{{sfn|Lapidus|2014|p=125}}{{sfn|Hallaq|2009|pp=31–35}} At first, these circles were fluid in their membership, but with time distinct regional legal schools crystallized around shared sets of methodological principles.{{sfn|Vikør|2014}}{{sfn|Hallaq|2009|pp=31–35}} As the boundaries of the schools became clearly delineated, the authority of their doctrinal tenets came to be vested in a master jurist from earlier times, who was henceforth identified as the school's founder.{{sfn|Vikør|2014}}{{sfn|Hallaq|2009|pp=31–35}} In the course of the first three centuries of Islam, all legal schools came to accept the broad outlines of classical legal theory, according to which Islamic law had to be firmly rooted in the Quran and hadith.{{sfn|Vikør|2014}}{{sfn|Lapidus|2014|p=130}}