Institutes of Islamic Law Vít Šisler Charles University

Institutes of Islamic Law Vít Šisler Charles University in Prague vsisler [at] gmail. com http: //uisk. jinonice. cuni. cz/sisler

Introduction to Islamic Law – Institutes of Islamic Law Fiqh – Islamic Jurisprudence Qadi – state appointed judge Mufti – ‘private’ Islamic Scholar Dispensing legal opinions – Ifta Mufti, Mustafti Fatwa An answer to a real or hypothetical inquiry which reflects a legal conviction of an individual scholar, based mainly on older rulings and/or his own interpretation of the religious texts. As such it is not legally binding, but the individual petitioner is advised to follow it. The persuasive power of the respective fatwa is thus based mainly on the authority of the scholar (mufti) who issued it.

Introduction to Islamic Law – Institutes of Islamic Law is to a great extent private-made normative system. Faqih, fuqaha (pl. ) The Four Main Schools of Sunni Islamic Law • Shafi'i (Indonesia and Malaysia) • Hanafi (Turkey, the Balkans, Central Asia, Indian subcontinent, Egypt, China) • Maliki (North Africa, West Africa and several of the Arab Gulf states) • Hanbali (Arabia) The Main Other Branches of Islam Shi`a Sufism

Introduction to Islamic Law – Institutes of Islamic Law Legal Qualification of Persons (Classical Law) • Free • Slave • Muslim • Non-Muslim • Man • Woman • Mature (baligh), Sane (‘aqil), Blameless (‘adl), etc.

Introduction to Islamic Law – Institutes of Islamic Law Legal classification of Human Behaviour • fard, wajib – duties • sunna, mustahabb, mandub – recommended • mubah – indifferent • makruh – disliked, offensive • haram – forbidden Classification of Legal Acts • sahih, nafidh - valid • makruh – formally valid but ‘unfair’ or wrong • fasid – formally void, could be corrected • batil – null and void

Introduction to Islamic Law – Institutes of Islamic Law Ahwal ash-shakhsiya (Personal Status) Family Law, Matrimonial Law, Heritage The most stable and non-changeable norms in Islamic societies. Marriage – contract wali – man protector, guardian mahr – dowry talaq – divorce (makruh) Polygamy Heritage

Introduction to Islamic Law – Institutes of Islamic Law Penal Law • hadd, hudud – crimes mentioned in Qur`an, prescribed punishment • ta’azir – crimes and punishments defined by judge Hudud defined in Qur`an • zina – adultery • qadhf – false accusation of adultery • drunkenness • theft • robbery • ridda – apostasy in Islam • murder

Introduction to Islamic Law – Institutes of Islamic Law Food prescriptions Alcoholic beverages Riba` - Usury Islamic Banking • muchatara • mudaraba

Introduction to Islamic Law – Institutes of Islamic Law International Law Traditional dichotomy Dar al-Islam (The House of Islam) Dar al-Harb (The House of War) New geopolitical proposals Dar as-Sulh (The House of Peace) Dar ad-Da`wa (The House of Invitation)