Editing Sharia (section)

=== Principles of jurisprudence (''uṣūl al-fiqh'') ===
{{Main|Principles of Islamic jurisprudence}}
Classical Islamic jurisprudence refers how to elaborate and interpret religious sources that are considered reliable within the framework of "procedural principles" within its context such as [[linguistic]] and "[[rhetoric|rhetorical tools]]" to derive judgments for new situations by taking into account certain purposes and mesalih. Textual phrases usually dealt with under simple antithetical headings: general and particular, command and prohibition, obscure and clear, truth and metaphor. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is [[Naskh (tafsir)|abrogated]] by a passage revealed at a later date.{{sfn|Calder|2009}}

The sources of judgment in classical fiqh are roughly divided into two: Manqūlāt (Quran and hadith) and Aqliyyāt (ijma, qiyas, ijtihad and others).<ref>{{Cite web | url=https://nou.edu.ng/coursewarecontent/ISL431%20Principles%20of%20Islamic%20Jurisprudence%20100713.pdf | title=Course title: principles of islamic jurisrudence | archive-url=https://web.archive.org/web/20240312074410/https://nou.edu.ng/coursewarecontent/ISL431%20Principles%20of%20Islamic%20Jurisprudence%20100713.pdf | archive-date=12 March 2024 }}</ref> Some of them (Aqliyyāt) are considered to be the product of [[scholastic theology]] and [[Aristotelian logic]].<ref>Some are derived from the science of Aristotelian logic which the philosopher-theologian writers mutakallimun had become accustomed to discussing in the introductions to their works. ........... Some are derived from Ilm al Kalam Scholastic Theology, and include discussions of such questions as the nature of the Sovereign Hakim, in the sense of whether it is the Shari'ah itself or reason which decides what is right and what is wrong;.... https://www.iefpedia.com/english/wp-content/uploads/2009/11/USUL-FIQH.pdf {{Webarchive|url=https://web.archive.org/web/20240312074408/https://www.iefpedia.com/english/wp-content/uploads/2009/11/USUL-FIQH.pdf |date=12 March 2024 }}</ref> It was an important area of debate among traditional fiqh scholars how much space should be given to rational methods in creating provisions such as extracting provisions from religious texts, as well as expanding, restricting, abolishing or postponing these provisions according to new situations, considering the purpose and benefit, together with new sociologies, in the face of changing conditions.<ref>Legal acts are valid when they fulfill all the essential requirements (arkān), causes, conditions and hindrances. They are void when any of these is lacking or deficient. https://nou.edu.ng/coursewarecontent/ISL431%20Principles%20of%20Islamic%20Jurisprudence%20100713.pdf {{Webarchive|url=https://web.archive.org/web/20240312074410/https://nou.edu.ng/coursewarecontent/ISL431%20Principles%20of%20Islamic%20Jurisprudence%20100713.pdf |date=12 March 2024 }}</ref>

In this context, in the Classical period, the ulema were divided into groups (among other divisions such as political divisions) regarding the place of "[['Aql]]" vis-à-vis naql:<ref>So, it was in this way that the Ummah, those who had not become involved with either the Shi'ah or the Khawarij, was divided into two groups, Ahl al Hadith and Ahl al Ra'i; and the conflict between them intensified.https://www.iefpedia.com/english/wp-content/uploads/2009/11/USUL-FIQH.pdf</ref> those who rely on narration ([[Atharism|Atharists]], [[Ahl al-Hadith]]), those who rely on reason ([[Kalam|Ahl al-Kalām]], [[Mu'tazila]] and [[Ahl al-Ra'y]]) and those who tried to find a middle way between the two attitudes such as [[Abu al-Hasan al-Ash'ari]] in theology (syncretists).<ref name="auto">{{Harvtxt|Blankinship|2008|page=53}}</ref> In the classical age of Islam, there were violent conflicts between rationalists (aqliyyun; [[Mu'tazilism|al-muʿtazila]], [[kalam]]iyya) and traditionalist (naqliyyun, literalists, [[Ahl al-Hadith]]) groups and sects regarding the Quran and hadith or the place of reason in understanding the Quran and hadith,<ref name="Mirzaee, A. 2012 pp. 7-26">Mirzaee, A. (2012). 'Decline of Mu'tazilite Thought: The Heritage of Conflict between Ahl Al-Hadith and Mu'tazilites', Journal of Seven Heavens, 14(54), pp. 7–26</ref> as can be seen in the [[Mihna]] example.<ref>{{cite web | url=https://pluriel.fuce.eu/article/the-mihna-deconstruction-and-reconsideration-of-the-mutazilite-role-in-the-inquisition/?lang=en | title=The Mihna. Deconstruction and reconsideration of the Mu'tazilite role in the "Inquisition | access-date=12 March 2024 | archive-date=12 March 2024 | archive-url=https://web.archive.org/web/20240312075914/https://pluriel.fuce.eu/article/the-mihna-deconstruction-and-reconsideration-of-the-mutazilite-role-in-the-inquisition/?lang=en | url-status=live }}</ref><ref name="Oubrou">{{cite web |author=Taareq Oubrou |title=Coran créé ou incréé |url=https://tareqoubrou.com/coran-cree-ou-incree/ |access-date=12 March 2024 |archive-date=12 March 2024 |archive-url=https://web.archive.org/web/20240312074409/https://tareqoubrou.com/coran-cree-ou-incree/ |url-status=live }}<!-- auto-translated from French by Module:CS1 translator --></ref> Although the rationalists initially seemed to gain the upper hand in this conflict, with the rise of literalism, the Mutazila sank into history and literalism continued to live by gaining supporters.<ref name="Mirzaee, A. 2012 pp. 7-26"/>

In this context, the formulation of the Sunni view can be summarized as follows; Human reason is a gift from God which should be exercised to its fullest capacity.{{sfn|Hallaq|2009|p=15}} However, use of reason alone is insufficient [[Enjoining good and forbidding wrong|to distinguish right from wrong]], and rational argumentation must draw its content from the body of transcendental knowledge revealed in the Quran and through the sunnah of Muhammad.{{sfn|Dahlén|loc=chpt. 4c|2003}}{{sfn|Hallaq|2009|p=15}} In addition to the Quran and sunnah, the classical theory of Sunni fiqh recognizes two other sources of law: juristic consensus (''[[Ijma|ijmaʿ]]'') and analogical reasoning (''[[qiyas]]'').{{sfn|Ziadeh|2009}} It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools.{{sfn|Calder|2009}} This interpretive apparatus is brought together under the rubric of ''[[ijtihad]]'', which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question.{{sfn|Calder|2009}}

The theory of [[Twelver Shi'ism|Twelver Shia]] jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason (''[['Aql|ʿaql]]'') as a source of law in place of ''qiyas'' and extension of the notion of sunnah to include traditions of the [[Twelve Imams|imams]].{{sfn|Dahlén|loc=chpt. 4c|2003}}{{sfn|Kamali|1999|pp=121–22}}

==== Sources for Ahkam al-Sharia ====
{{Main|Sources of Sharia}}
Islamic scholar [[Rashid Rida]] (1865–1935 CE) lists the four basic sources of Islamic law, agreed upon by all [[Sunni Islam|Sunni Muslims]]: "the [well-known] sources of legislation in Islam are four: the ''[[Quran|Qur'an]]'', the ''[[Sunnah]]'', the [[Ijma|consensus]] of the ''[[ummah]]'' and ''[[ijtihad]]'' undertaken by competent jurists"<ref>{{Cite book|last=Rashīd Riḍā|first=Muhammad|title=The Muhammadan Revelation|publisher=Al-Saadawi Publications|year=1996|isbn=1-881963-55-1|location=Alexandria, VA|page=127}}</ref> 

While traditional understanding strongly denies that Quran may have changed,([[Al Hejr]]:9)<ref> Classical jurists held its "[[Textual criticism|textual integrity]]" to be beyond doubt on account of it having been handed down by many people in each generation, which is known as "recurrence" or "concurrent transmission" (''tawātur'').{{harvnb|Ziadeh|2009}}{{harvnb|Hallaq|2009|pp=16–18}}{{harvnb|Dahlén|loc=chpt. 4b|2003}}</ref> the authenticity of hadiths could only be questioned through the chain of narration, though some western researchers suggests that primary sources may have also been evolved.

[[File:Blue koran sanaa.jpg|thumb|Page from the [[Sanaa manuscript]]. ]]
* ''[[Quran]]'': in Islam, the Quran is considered to be the most sacred source of law.{{sfn|Hallaq|2009|pp=16–18}} According to classical mainstream jurists, the verses of the Quran that were "revealed later" in Islamic language may have [[Naskh (tafsir)|restricted or abolished the earlier]] verses.<ref name="JBSILITA1990:43-44,56-59,122-124">[[#JBSILITA1990|Burton, ''Islamic Theories of Abrogation'', 1990]]: pp. 43–44, 56–59, 122–124</ref> Therefore, deciding which verses of the Quran will be used, in addition to other knowledge and skills, may be the job of [[Ulama|lawyers who know these issues in detail]]. Whether the Sunnah could limit the Quran remained a matter of debate. [[Madhab|Fiqh sects]] are schools of understanding that try to determine the actions that people should do or avoid based on the Quran and hadiths. [[Hanafi school|Hanafi sect]] requires that in order for something to be considered [[fard]], it must be clearly commanded in the Qur'an "according to logical and grammatical requirements such as addressee, order and scope, etc.", expressions that do not meet this condition are placed in the "wujub" class, which expresses a lower level of necessity.<ref>{{cite web |last=Ebrahim |first=Mufti |url=http://www.albalagh.net/qa/fard_wajib_sunnah.shtml |title=Albalagh.net |publisher=Albalagh.net |date=28 April 2002 |access-date=29 January 2019 |archive-date=16 January 2019 |archive-url=https://web.archive.org/web/20190116180401/http://www.albalagh.net/qa/fard_wajib_sunnah.shtml |url-status=live }}</ref> Some of these fiqh results (ahkam) may also indicate exaggeration of statements, generalizations taken out of context, and imperative broadening of scope.

A small number of verses in the Quran are about general rules of governance, inheritance, [[Marriage in Islam|marriage]], [[Hudud|crime and punishment]]. Although the Quran does not impose [[Political aspects of Islam|a specific legal-management system]], it emphasizes [[ma'ruf|custom]] in nearly 40 verses and commands [[Adl|justice.]] ([[An-Nahl]]; 90) The practices prescribed in the Quran are considered as reflections of [[Quranic hermeneutics|contextual legal understandings]], as can be clearly seen in some examples such as [[Qisas]] and [[Diya (Islam)|diya]].<ref>{{Cite web |url=https://zh.booksc.eu/book/52479161/c42c5a |title=Conflict and Conflict Resolution in the pre-Islamic Arab Society &#124; SADIK KIRAZLI &#124; download |access-date=31 January 2022 |archive-date=29 January 2022 |archive-url=https://web.archive.org/web/20220129180325/https://zh.booksc.eu/book/52479161/c42c5a |url-status=dead }}</ref><ref>{{Cite web | url=http://ndl.ethernet.edu.et/bitstream/123456789/61846/1/Tahir%20Wasti.pdf | title=The Application of Islamic Criminal Law in Pakistan | author=Tahir Wasti | website=ndl.ethernet.edu.et | year=2009}}</ref> The following statement in the Quran is thought to be the general rule of testimony in [[Islamic criminal jurisprudence|Islamic jurisprudence]], except for crime and punishment – for example, debt, shopping, etc.; O believers! When you contract a loan for a fixed period of time, commit it to writing....with justice. Call upon two of your men to witness. If two men cannot be found, then one man and two women of your choice will witness so if one of the women forgets the other may remind her....<ref>{{Cite web |title=Surah Al-Baqarah – 282 |url=https://quran.com/en/al-baqarah/282 |access-date=16 December 2024 |website=Quran.com |language=en}}</ref> Rules of inheritance was also mentioned in the Quran, in regards to certain family members having their share..{{qref|4|11|b=y|s=y}}<ref name=davidpowers>{{cite journal |last1=Powers |first1=David S. | title=Islamic Inheritance System: A Socio-Historical Approach |journal=Arab Law Quarterly |volume=8 |issue=1 |year=1993 |pages=13–29 |jstor=3381490 |doi=10.1163/157302593X00285}}</ref>

In a different example, in [[The Necklace Incident|the necklace story of Aisha]], called [[Asbab al-Nuzul]] for surah [[An-Nur]] :11-20 four witnesses were required for the accusation of adultery. In addition, those who made accusations that did not meet the specified conditions would be punished with 80 lashes. The jurisprudence of later periods stipulates that witnesses must be men, covering all [[hudud|hadd crimes]] and people who did not have credibility and honesty in society ([[Islamic views on slavery|slaves]], non-adl; [[fasiq|sinners]], infidels) could not testify against believers.<ref>{{cite book|last1=Peters|first1=Rudolph|title=Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century|date=2006|publisher=Cambridge University Press|isbn=978-0521796705|pages=53–55}}</ref> In addition, the Islamic judiciary did not require proof of the issues defined as [[tazir]].<ref>Oudah supports the ‘medieval’ classifi cation of crimes into hudud, qisas and diyat, and tazir. The key factors that determine the classifi cation of these crimes, he states, are the element of pardoning the accused, taking into account mitigating circumstances and the requirement of strict proof in proving the offences http://ndl.ethernet.edu.et/bitstream/123456789/61846/1/Tahir%20Wasti.pdf</ref> The statement in the Qur'an that determines the status of slaves in community is; ''ma malakat aymanuhum''<ref name="auto1">{{Cite web | url=https://www.alhakam.org/what-is-the-meaning-of-those-whom-your-right-hand-possesses-milk-al-yamin | title=What is the meaning of "those whom your right hand possesses" (milk al-yamin)? | website=www.alhakam.org | date=28 May 2021}}</ref> meaning "[[Islamic views on slavery|those whom your right hands possess]]".

Of the few criminal cases listed as crimes in the Quran, only a few of them are punished by the classical books of Sharia as determined by the verses of the Quran and are called [[hudud laws]]. How the verse [[Al-Ma'idah]] 33, which describes the crime of [[hirabah]], should be understood is a matter of debate even today.<ref>{{Cite web | url=https://ejournal.um.edu.my/index.php/JS/article/download/27993/12654/63844 | title=The crime of ḥirābah: approach, justification and significance | website=ejournal.um.edu.my | author=Muhammad Hameedullah | date=31 December 2020}}</ref><ref name="AutoN0-18">{{cite journal |last1=Khasan |first1=Moh |title=From Textuality to Universality: The Evolution of Ḥirābah Crimes in Islamic Jurisprudence |journal=Al-Jami'ah: Journal of Islamic Studies |date=24 May 2021 |volume=59 |issue=1 |pages=1–32 |doi=10.14421/ajis.2021.591.1-32 |url=https://aljamiah.or.id/index.php/AJIS/article/view/59101 |access-date=16 November 2024 |language=en |issn=2338-557X|doi-access=free }}</ref> The verse talks about the punishment of criminals by killing, hanging, having their [[Cross-amputation|hands and feet cut off on opposite sides]], and being exiled from the earth, in response to an -abstract- crime such as "[[Fasad|fighting against Allah and His Messenger]]". Today, commentators – in the face of the development of the understanding of law and the increasing reactions to corporal punishment<ref>. In contrast with textuality approach by classical Muslim's scholars, modern Muslim's scholars have the same perception to reformulate ḥirābah from many perspectives, like definition, principle of liability, and formulation of punishment. This reformulation of ḥirābah, and also of Islamic criminal law in general, not only based on compatibility reasons to modernity, but also to harmonize with the changing of time and place. Textual understanding and the principle of individual and locality in
ḥirābah are no longer competent with the principles of modernity which prior to collectivity and universality.Al-Jāmi'ah: Journal of Islamic Studies – ISSN: 0126-012X (p); 2356-0912 (e) Vol. 59, no. 1 (2021), pp.1–32, doi: 10.14421/ajis.2021.591.1-32</ref>- claim that the verse determines the punishment of "concrete sequential criminal acts" – such as massacre, robbery and rape – in addition to rebellion against the legitimate government, and that the punishment to be given depends on the existence of these preconditions. 
* ''[[Sunnah]]'' / ''[[Hadith]]'':Although hadiths have largely replaced the sunnah in [[sunni|orthodoxy]] legislation today, according to some research, the opposite was true in the early Islamic society. Sunnah originally meant a tradition that did not contain the definition of good and bad.<ref name="Juynboll">{{Cite encyclopedia |last=Juynboll |first=G. H. A. |date=1997 |title=Sunna |encyclopedia=Encyclopaedia of Islam |edition=2nd |publisher=Brill |editor1-first=P. |editor1-last=Bearman |editor2-first=Th. |editor2-last=Bianquis |editor3-first=C. E. |editor3-last=Bosworth |editor4-first=E. |editor4-last=van Donzel |editor5-first=W. P. |editor5-last=Heinrichs |volume=9 |pages=878–879}}</ref><ref>{{Cite web| url=http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/reference/glossary/term.SUNNAH.html | title=Sunnah | access-date=14 May 2024 | archive-date=5 December 2010 | archive-url=https://web.archive.org/web/20101205042656/http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/reference/glossary/term.SUNNAH.html | url-status=dead}}</ref><ref>{{cite web |last1=Wehr |first1=Hans |title=A Dictionary of Modern Written Arabic |url=https://giftsofknowledge.files.wordpress.com/2016/01/hans-wehr-searchable-pdf.pdf |website=Hans Wehr Searchable PDF |access-date=15 June 2020 |page=369 |archive-date=20 June 2018 |archive-url=https://web.archive.org/web/20180620203718/https://giftsofknowledge.files.wordpress.com/2016/01/hans-wehr-searchable-pdf.pdf |url-status=live }}</ref><ref name="OISO">{{cite web |title=Sunnah |url= http://www.oxfordislamicstudies.com/article/opr/t243/e332 |archive-url= https://archive.today/20130616030931/http://www.oxfordislamicstudies.com/article/opr/t243/e332 |url-status= dead |archive-date= 16 June 2013 |website=Oxford Islamic Studies Online |access-date=15 June 2020}}</ref><ref name="Oxford University Press">{{cite book |title=The Origins of Muhammadan Jurisprudence |last1=Schacht |first1=Joseph |publisher=Oxford University Press |date=1959 |orig-year=1950 |page=58}}</ref>  Later, "good traditions" began to be referred to as sunnah and the concept of "Muhammad's sunnah" was established.<ref name="Juynboll" /> Muhammad's sunnah gave way to the "hadiths of Muhammad" which were [[Oral tradition|transmitted orally]],{{sfn|Brown|2009|p=3}} then recorded in corpuses and [[Hadith studies|systematized and purified within following centuries]]. According to Harald Motzki and Daniel W. Brown the earliest Islamic legal reasonings that have come down to us were "virtually hadith-free", but gradually, over the course of second century [[Hijri year|A.H.]] "the infiltration and incorporation of Prophetic hadiths into Islamic jurisprudence" took place.<ref>{{cite journal | first = Harald | last = Motzki | title = The Musannaf of Abd al-Razzaq al-San'ani as a Source of Authentic Ahadith of the First Century A.H. | journal = Journal of Near Eastern Studies | volume = 50 | year = 1991 | page = 21| doi = 10.1086/373461 | s2cid = 162187154 }}</ref><ref name=DWBRTMIT1996:12>[[#DWBRTMIT1996|Brown, ''Rethinking tradition in modern Islamic thought'', 1996]]: p.12</ref> The value of customs (see also: [[urf]], [[ma'ruf]]) manifests itself in the classification of food and drinks as [[halal]] and [[haram]]; Some jurists such as Al- Shafi'i and [[Ibn Qudamah]] have determined the haram/halal criterion as "compatibility or contradiction with the Arab's customary habits and nature".<ref>Some of forbidden and permissed foods and drinks mentoined in Quran and the tradition of the prophet; others were determined by scholar, but the some of them were ınfluenced of Arab’s culturehttp://www.ilafdergi.hitit.edu.tr/Makaleler/772304030_2.14.pdf</ref> 

Although for many [[madhab|Muslim sects]], hadith was second to that of the [[Quran]] in authority,<ref name="EB">{{cite web |title=Hadith |url=https://www.britannica.com/topic/Hadith |website=Encyclopaedia Britannica |access-date=31 July 2020}}</ref> the majority of [[ahkam|Sharia rules]] derived from hadith rather than the Quran.<ref name="Forte-1978-2">{{cite journal|last1=Forte|first1=David F.|title=Islamic Law; the impact of Joseph Schacht|journal=Loyola of Los Angeles International and Comparative Law Review |date=1978|volume=1|page=2 |url=http://www.soerenkern.com/pdfs/islam/IslamicLawTheImpactofJosephSchacht.pdf |access-date=19 April 2018}}</ref>{{#tag:ref|"The full systems of Islamic theology and law are not derived primarily from the Quran. Muhammad's sunna was a second but far more detailed living scripture, and later Muslim scholars would thus often refer to Muhammad as 'The Possessor of Two Revelations'".<ref name="JACBMM2014:18">[[#JACBMM2014|J.A.C. Brown, ''Misquoting Muhammad'', 2014]]: p.18</ref>|group=Note}} The body of hadith provides more detailed and practical legal guidance, but it was recognized early on that not all of them were authentic.{{sfn|Vikør|2014}}{{sfn|Hallaq|2009|pp=16–18}} Early Islamic scholars developed personal criteria for evaluating their authenticity by assessing trustworthiness of the individuals listed in their transmission chains.{{sfn|Hallaq|2009|pp=16–18}} These studies narrowed down the vast corpus of prophetic traditions to several thousand "sound (seeming to collectors)" hadiths, which were collected in several canonical compilations.{{sfn|Hallaq|2009|pp=16–18}} The hadiths which enjoyed concurrent transmission were deemed [[mutawatir]]; however, the vast majority of hadiths were handed down by only one or a few transmitters and were therefore seen to yield only probable knowledge.{{sfn|Hallaq|2009|pp=16–18}}{{sfn|Ziadeh|2009}} The uncertainty was further compounded by ambiguity of the language contained in some hadiths and Quranic passages.{{sfn|Hallaq|2009|pp=16–18}} Disagreements on the relative merits and interpretation of the textual sources allowed legal scholars considerable leeway in formulating alternative rulings.{{sfn|Vikør|2014}}

In [[Imam Malik]]'s usage, hadith did not consist only of the words claimed to belong to Muhammad as is the case with [[Shia|Shiite Muslims]]. While hadith does not appear to be an important source of decision for early fiqh scholars such as [[Abu Hanifa]], for later scholars, hadith is perceived as the words of Muhammad merely and is considered as a strong and separate source of decision alongside the Quran. Today, [[Quranism|Quranists]] do not consider hadiths as a valid source of religious rulings.<ref name=":3">{{cite web |title=Hadis & Sünnet: Şeytani Bidatler |url=http://www.teslimolanlar.org/ekler.php?ekid=19 |access-date=25 May 2021 |website=Teslimolanlar |archive-date=25 May 2021 |archive-url=https://web.archive.org/web/20210525090921/http://www.teslimolanlar.org/ekler.php?ekid=19 |url-status=dead }}</ref><ref>{{Cite book|last=Öztürk|first=Yaşar Nuri|title=İslam Nasıl Yozlaştırıldı: Vahyin Dininden Sapmalar, Hurafeler, Bid'atlar|date=2015|id={{ASIN|9756779306|country=tr}} }}</ref><ref>{{cite web|title=Appendix 19, Hadith & Sunna: Satanic Innovations|url=https://www.masjidtucson.org/quran/appendices/appendix19.html|access-date=26 August 2021|website=www.masjidtucson.org|archive-date=20 August 2022|archive-url=https://web.archive.org/web/20220820173104/https://www.masjidtucson.org/quran/appendices/appendix19.html|url-status=live}}</ref>
* ''[[Ijma]]'': it is the consensus that could in principle elevate a ruling based on probable evidence to absolute certainty.{{sfn|Hallaq|2009|pp=21–22}}{{sfn|Vikør|2014}} This classical doctrine drew its authority from a series of hadiths stating that the Islamic community could never agree on an error.{{sfn|Hallaq|2009|pp=21–22}} This form of consensus was technically defined as agreement of all competent jurists in any particular generation, acting as representatives of the community.{{sfn|Hallaq|2009|pp=21–22}}{{sfn|Vikør|2014}}{{sfn|Kamali|1999|p=146}} However, the practical difficulty of obtaining and ascertaining such an agreement meant that it had little impact on legal development.{{sfn|Hallaq|2009|pp=21–22}}{{sfn|Vikør|2014}} A more pragmatic form of consensus, which could be determined by consulting works of prominent jurists, was used to confirm a ruling so that it could not be reopened for further discussion.{{sfn|Vikør|2014}} The cases for which there was a consensus account form less than 1 percent of the body of classical jurisprudence.{{sfn|Hallaq|2009|pp=21–22}}
* ''[[Qiyas]]'': it is the Analogical reasoning that is used to derive a ruling for a situation not addressed in the scripture by analogy with a scripturally based rule.{{sfn|Ziadeh|2009}} In a classic example, the Quranic prohibition of drinking wine is extended to all intoxicating substances, on the basis of the "cause"  (''ʿilla'') shared by these situations, which in this case is identified to be intoxication.{{sfn|Ziadeh|2009}} Since the cause of a rule may not be apparent, its selection commonly occasioned controversy and extensive debate.{{sfn|Hallaq|2009|pp=23–24}} Majority of [[Sunni Muslims]] view ''[[Qiyas]]'' as a central Pillar of ''[[Ijtihad]]''.<ref name="overview">{{cite book|author1=Irshad Abdel Haqq|url=https://books.google.com/books?id=5ZS7EaHTQX8C&q=Islamic+law%3A+An+Overview+of+Its+Origins+and+Elements&pg=PA1|title=Understanding Islamic Law: From Classical to Contemporary|publisher=Rowman Altamira|year=2006|isbn=9780759109919|editor1-last=Ramadan|editor1-first=Hisham M.|author-link1=Islamic law: An Overview of Its Origins and Elements|access-date=17 August 2016|archive-date=20 September 2021|archive-url=https://web.archive.org/web/20210920215257/https://books.google.com/books?id=5ZS7EaHTQX8C&q=Islamic+law:+An+Overview+of+Its+Origins+and+Elements&pg=PA1|url-status=live}}</ref> On the other hand; [[Zahiri]]tes, [[Ahmad ibn Hanbal]], [[Al-Bukhari]], early [[Hanbalites]], etc rejected ''Qiyas'' amongst the Sunnis.<ref>{{Cite book|last=B. Hallaq|first=Wael|title=The Origins and Evolution of Islamic Law|publisher=[[Cambridge University Press]]|year=2005|isbn=978-0-521-80332-8|location=Cambridge, UK|pages=124, 127}}</ref><ref>{{cite journal|last1=Lucas|first1=Scott C.|date=2006|title=The Legal Principles of Muhammad B. Ismāʿīl Al-Bukhārī and Their Relationship to Classical Salafi Islam|journal=Islamic Law and Society|volume=13|issue=3|page=292|doi=10.1163/156851906778946341}}</ref><ref>Mansoor Moaddel, ''Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse'', pg. 32. [[Chicago]]: [[University of Chicago Press]], 2005.</ref> Twelver Shia jurisprudence also does not recognize the use of ''qiyas'', but relies on reason (''ʿ[['aql]]'') in its place.{{sfn|Dahlén|loc=chpt. 4c|2003}}{{sfn|Schneider|2014}}

===== Aims of Sharia and public interest =====
{{Main|Maqasid|Maslaha}}
''Maqāṣid'' (aims or purposes) of Sharia and ''maṣlaḥa'' (welfare or public interest) are two related classical doctrines which have come to play an increasingly prominent role in modern times.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Brown|2009}}{{sfn|Gleave|2012}} [[Al-Ghazālī|Abū Hāmid al-Ghazālī]], [[Izz al-Din ibn 'Abd al-Salam]] and [[Abu Ishaq al-Shatibi]] used maslaha and madasıd as equivalent terms.<ref>Al-Ghazālī: ''al-Mustaṣfā min ʿilm al-ʾuṣūl.'' Ed. Aḥmad Zakī Ḥammād. SIDRA, Riad, 2009?. S. 328. ({{archive.org |20200821_20200821_0953 |Blatt=n327}}).</ref><ref>Abdeljelil: „Die Maximen der islamischen Jurisprudenz". 2014, S. 68–70.</ref> Synonyms for the term maqāṣid aš-šarīʿa are the expressions maqāṣid aš-šāriʿ ("intentions of the legislature"), maqāṣid at-tašrīʿ ("intentions of the legislature "), ruḥ aš -šarīʿa ("Spirit of Sharia"), ḥikmat at-tašrīʿ ("Wisdom of Legislation") and falsafat at-tašrīʿ ("Philosophy of Legislation").<ref>Kurnaz: ''Der Diskurs über maqāṣid aš-šarīʿa.'' 2014, S. 92.</ref>

They were first clearly articulated by [[al-Ghazali]] (d. 1111), who argued that ''Maqāṣid'' and ''maslaha'' was God's general purpose in revealing the divine law, and that its specific aim was preservation of five essentials of human well-being: religion, life, intellect, offspring, and property.{{sfn|Opwis|2007|p=65}}

Although most classical-era jurists recognized ''maslaha'' and ''maqasid'' as important legal principles, they held different views regarding the role they should play in Islamic law.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Gleave|2012}} Some jurists viewed them as auxiliary rationales constrained by scriptural sources and analogical reasoning.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Opwis|2007|pp=66–68}} Others regarded them as an "independent" source of law, whose general principles could override specific [[Zahiri school|inferences based on the letter of scripture]].{{sfn|Duderija|2014|pp=2–6}}{{sfn|Opwis|2007|pp=68–69}} Taking maqasid and maslaha as an "independent" [[sources of sharia|source of sharia]] – rather than an auxiliary one – will pave the way for the re-critique and reorganization of [[ahkam]] in the context of maqasid and maslaha,<ref name="files.eric.ed.gov">{{Cite web | url=https://files.eric.ed.gov/fulltext/EJ1128456.pdf | title=Translation of the Holy Quran: A Call for Standardization | archive-url=https://web.archive.org/web/20240325222213/https://files.eric.ed.gov/fulltext/EJ1128456.pdf | archive-date=25 March 2024 }}</ref> thus (including [[hudud]]), which is often criticized in terms of today's values and seen as problematic,<ref name="Gontowska, Luiza Maria 2005">Gontowska, Luiza Maria, "Human Rights Violations Under the Sharia'a : A Comparative Study of the Kingdom of Saudi Arabia and the Islamic Republic of Iran" (2005). Honors College Theses. Paper 13.</ref> in terms of the purposes of Sharia and social benefits will be replaced by new ones. [[Abdallah bin Bayyah]] goes further with an approach that prioritizes purpose and benefit among the sources of Sharia and declares it to be the heart of "usul-al fiqh".<ref name="files.eric.ed.gov"/>
[[File:The tomb of Imam Al-Ghazali.jpg|thumb|Mausoleum of [[Al-Ghazali]] in [[Tus, Iran|Tus]]; Many see Al-Ghazali as the last [[mujtahid]], and his period as the period when the door of ijtihad closed and, in a sense, the Islamic Middle Ages began, and they think that Ghazali is responsible for this.<ref>{{Cite book|last=Naseem Rafiabadi|first=Hamid|url=https://books.google.com/books?id=F3rEjofhC2oC&dq=Ghazali+gates+of+Ijtihad&pg=PA293|title=Emerging From Darkness: Ghazzali's Impact on the Western Philosophers|publisher=Sarup & Sons|year=2002|isbn=81-7625-310-3|location=New Delhi |pages=293}}</ref>]]

While the latter view was held by a minority of classical jurists, in modern times it came to be championed in different forms by prominent scholars who sought to adapt Islamic law to changing social conditions by drawing on the intellectual heritage of traditional jurisprudence.{{sfn|Duderija|2014|pp=2–6}}{{sfn|Ziadeh|2009}}{{sfn|Brown|2009}} These scholars expanded the inventory of ''maqasid'' to include such aims of Sharia as reform and [[women's rights]] ([[Rashid Rida]]); justice and freedom ([[Mohammed al-Ghazali]]); and [[human rights]] and [[dignity]] ([[Yusuf al-Qaradawi]]).{{sfn|Duderija|2014|pp=2–6}}

==== Ijtihad ====
{{Main|Ijtihad}}
'''''Ijtihad''''' {{lit|physical||mental effort}}{{sfn|Rabb|2009c}} refers to independent reasoning by an expert in [[Islamic law]],<ref name=ODI-Ijtihad>{{cite encyclopedia|title=Ijtihad|chapter=Taqiyah |editor=John L. Esposito |encyclopedia=The Oxford Dictionary of Islam |publisher=Oxford University Press |location=Oxford |year=2014 |isbn=978-0-19-512558-0 |chapter-url=http://www.oxfordreference.com/view/10.1093/acref/9780195125580.001.0001/acref-978-0-19-512558-0-e-2338|chapter-url-access=subscription }}</ref> or exertion of a jurist's mentality in finding a solution to a legal question{{sfn|Rabb|2009c}} in contrast with ''[[taqlid]]'' ([[conformity]] to precedent ijtihad).<ref name=ODI-Ijtihad/><ref>{{cite encyclopedia|title=Taqlid|editor=John L. Esposito|encyclopedia=The Oxford Dictionary of Islam|publisher=Oxford University Press|location=Oxford|year=2014|isbn=978-0-19-512558-0|url=http://www.oxfordreference.com/view/10.1093/acref/9780195125580.001.0001/acref-9780195125580-e-2339|url-access=subscription|access-date=6 March 2024|archive-date=16 April 2022|archive-url=https://web.archive.org/web/20220416101857/https://www.oxfordreference.com/view/10.1093/acref/9780195125580.001.0001/acref-9780195125580-e-2339|url-status=live}}</ref> According to theory, ''ijtihad'' requires expertise in the Arabic language, theology, religious texts, and principles of jurisprudence (''[[Principles of Islamic jurisprudence|usul al-fiqh]]''),<ref name=ODI-Ijtihad/> and is not employed where authentic and trusted texts ([[Qur'an]] and [[hadith]]) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus (''[[ijma]]'').{{sfn|Rabb|2009c}} An [[Islamic scholar]] who perform ''ijtihad'' is called  "''[[Ijtihad#Qualifications of a mujtahid|mujtahid]]''".{{sfn|Rabb|2009c}}<ref>sometimes spelt ''mojtahed''</ref> In the general understanding, beyond the limitation of ijtihad to those situations that do not have a clear ruling in the Quran and hadiths, scholars who have the ability to give general judgments are also ranked with definitions such as "mujtahid mutlaq", "mujtahid in sect", "mujtahid in issue".<ref>{{Cite web|url=https://stevenmasood.org/article/concept-ijtihad-history-islamic-jurisprudence|title=The concept of Ijtihad in the history of Islamic Jurisprudence &#124; Dr. Steven Masood|website=stevenmasood.org|access-date=1 November 2024|archive-date=1 September 2023|archive-url=https://web.archive.org/web/20230901165834/https://stevenmasood.org/article/concept-ijtihad-history-islamic-jurisprudence|url-status=live}}</ref> Rulings based on ijtihad are not decisions that require obligatory implementation for other Muslims.

Throughout the first five [[Islamic calendar|Islamic centuries]], ''ijtihad'' continued to practise amongst Sunni Muslims. The controversy surrounding ''ijtihad'' started with the beginning of the twelfth century.<ref name="B. Hallaq 20, 33">{{Cite journal|last=B. Hallaq|first=Wael|date=March 1984|title=Was the Gate of Ijtihad Closed?|url=http://www.jstor.org/stable/162939|journal=International Journal of Middle East Studies|volume=16|issue=1|pages=20, 33|doi=10.1017/S0020743800027598|jstor=162939|s2cid=159897995}}</ref> By the 14th century, [[Fiqh|Islamic Fiqh]] prompted leading Sunni jurists to state that the main legal questions had been addressed and then ''ijtihad'' was gradually restricted.{{sfn|Rabb|2009c}} In the modern era, this gave rise to a perception amongst [[Orientalism|Orientalist]] scholars and sections of the Muslim public that the so-called "gate of ''ijtihad''" was closed at the start of the classical era.{{sfn|Rabb|2009c}}<ref>{{Cite journal |last=Gould |first=Rebecca |date=January 2015 |title=Ijtihād against Madhhab: Legal Hybridity and the Meanings of Modernity in Early Modern Daghestan |url=https://www.jstor.org/stable/43908333 |journal=Comparative Studies in Society and History |volume=57 |issue=1 |pages=50–51 |doi=10.1017/S0010417514000590 |jstor=43908333 |s2cid=121170987}}</ref>

Starting from the 18th century, [[Islamic revival|Islamic reformers]] began calling for abandonment of ''taqlid'' and emphasis on ''ijtihad'', which they saw as a return to Islamic origins.{{sfn|Rabb|2009c}}  The advocacy of ''ijtihad'' has been particularly associated with [[Islamic Modernism]] and [[Salafi]]yya movements. Among contemporary Muslims in the West there have emerged new visions of ''ijtihad'' which emphasize substantive moral values over traditional juridical understandings.{{sfn|Rabb|2009c}}

[[Shia]] jurists did not use the term ''ijtihad'' until the 12th century. With the exception of [[Zaydi]]s, the early [[Imamate in Shia doctrine|Imami]] [[Shia Islam|Shia]] were unanimous in censuring ''Ijtihad'' in the field of law (''[[Ahkam]]'') until the Shiite embrace of various doctrines of [[Muʿtazila|Mu'tazila]] and classical Sunnite ''[[Fiqh]]''.{{sfn|Rabb|2009c}}<ref>{{Cite book |last=Rahman |first=Fazlur |title=REVIVAL AND REFORM IN ISLAM: A Study of Islamic Fundamentalism |publisher=One World Publications Oxford |year=2000 |isbn=1-85168-204-X |location=Oxford, England |pages=63–64}}</ref> After the victory of the [[Usuli|''Usulis'']] who based law on principles ([[Usul Fiqh in Ja'fari school|usul]]) over the [[Akhbari|''Akhbaris'']] ("traditionalists") who emphasized on reports or traditions (''khabar'') by the 19th century, ''Ijtihad'' would become a mainstream Shia practice.<ref name="Mohammad Farzaneh 2015 6"/>

The classical process of ijtihad combined these generally recognized principles with other methods, which were not adopted by all legal schools, such as ''[[istihsan]]'' (juristic preference), ''[[istislah]]'' (consideration of public interest) and ''[[istishab]]'' (presumption of continuity).{{sfn|Ziadeh|2009}}

Considering that, [[Principles of Islamic jurisprudence|as a rule]], there was a hierarchy and power ranking among the sources of Sharia;<ref>Subsequently, the sources of Islamic Law are clarified, showing their legal basis, binding force and position on the hierarchical chart https://www.elevenjournals.com/tijdschrift/ejlr/2014/2/EJLR_1387-2370_2014_016_002_003 {{Webarchive|url=https://web.archive.org/web/20240801091026/https://www.elevenjournals.com/tijdschrift/ejlr/2014/2/EJLR_1387-2370_2014_016_002_003 |date=1 August 2024 }}</ref><ref>{{Cite web | url=https://classic.austlii.edu.au/au/journals/AUFPPlatypus/2006/46.pdf | title=Islamic law and its sources | archive-url=https://web.archive.org/web/20240801091025/https://classic.austlii.edu.au/au/journals/AUFPPlatypus/2006/46.pdf | archive-date=1 August 2024 }}</ref> for example, a subcategory or an auxiliary source will not be able to eliminate a provision clearly stated in the main source or prohibit a practice that was not prohibited though it was known and practiced during the prophetic period. If we look at an example such as the abolition of the validity of [[Mut'a marriage]], is touched upon in the [[Quran 4:24]],<ref>And you are allowed to seek out wives with your wealth in decorous conduct, but not in fornication, but give them their reward for what you have enjoyed of them in keeping with your promise.(4:24)https://www.britannica.com/topic/mutah {{Webarchive|url=https://web.archive.org/web/20240511163600/https://www.britannica.com/topic/mutah |date=11 May 2024 }}</ref> and not prohibited (Sunnis translate the words used in the relevant verse with terms used to describe the ordinary marriage event) according to Sunnis is banned by [[Muhammad]] towards the end of his lifetime,<ref>{{Cite web|url=https://sunnah.com/search?q=temporary+marriage|title=Search Results – Search Results – temporary marriage (page 1) – Sunnah.com – Sayings and Teachings of Prophet Muhammad (صلى الله عليه و سلم)|website=sunnah.com|access-date=1 August 2024|archive-date=1 August 2024|archive-url=https://web.archive.org/web/20240801091025/https://sunnah.com/search?q=temporary+marriage|url-status=live}}</ref> and according to [[Shiites]], by [[Umar|Omar]], "according to his own opinion" and reliying on power. The Shiite sect did not accept the jurisprudence of Omar, whose political and religious authority they rejected from the beginning.

==== 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]].