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How did the Sharia Law develop

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{{Mediawiki[[File:banner1}}1200px-Koran.jpeg|thumbnail|300px|left|The Qu'ran]]__NOTOC__Sharia is an Arabic word, literally meaning “the right path”. It commonly refers to the traditional Islamic law, derived from the religious precepts of Islam, particularly the Quran<ref>That . The Quran is - the central religious text of Islam which is believed to be a revelation from God by Muslims</ref> and the Hadith.<ref>Hadith represents a collection of reports claiming to quote what the very prophet Muhammad said on any matter verbatim.</ref>. Islamic law or the Sharia is therefore the expression of Allah’s own command for Muslim society. In practical application it does constitute a system of duties that are compulsory and in a way even irrevocably set upon each and every Muslim strictly backed by the very virtue of his religious belief. The law itself constitutes a divinely ordained path of conduct that guides Muslims towards a practical expression of their religious conviction in the world as a whole as well as - towards the goal of divine favour of the world set to come. Muslims believe that Allah (God) revealed his true will to Muhammad, who then passed on Allah's commands to humans in the Quran. In its essence the Sharia comes from the Quran, the sacred book of Islam, which Muslims consider the actual word of God.
==On the verge of change, update and evolve the Classic Traditional Sharia== Islamic law represents one of the world's great legal systems. Like Judaic law, which influenced western legal systems, Islamic law originated as an important part of the religion. And since or the Sharia originated together with Allahis, it is considered to be sacred itself. Between the seventh century marking Muhammad death and the tenth centurytherefore, many Islamic legal scholars attempted to interpret the Sharia in order to adapt it to the expanding expression of Allah’s command for Muslim Empiresociety. In the modern erapractical application, the influences it does constitute a system of the Western colonialism and their law systems development even generated efforts to codify Sharia. Thus, under the vast western influences, the need for a more comprehensive reform in the Islamic law became clearduties that are compulsory. The traditional Sharia law now needs to be adapted itself represents a divinely ordained path of conduct that guides Muslims towards a rational expression of their religious conviction in order to meet the changing circumstances in the modern Muslim societyworld as a whole. HoweverAdditionally, there is a specific reason behind this change and it should be sought in two principal respects in which guides them towards the Sharia differs from Western law systems.<ref>Historical development goal of “Sharīʿah law”, Nature and significance divine favor of Islamic law - http://wwwthe world.britannicaMuslims believe that Allah (God) revealed his true will to Muhammad, who then passed on Allah's commands to humans in the Quran.com/topic/Shariah</ref>
==Key originating differences between ==What is Sharia and Western law systemsLaw?==== In the first place it is known that in the Western world - religion has been largely separated by Islamic law almost ever since their early developments. Nevertheless, in represents one of the Muslim world the Sharia is not confined to purely religious matters's most prominent and important legal systems. On the one handLike Judaic law, it aims at equally regulating individuals’ relationship with their neighbours and the statewhich influenced western legal systems, and on the other - with God and their own conscience. The Islamic law is also concerned as much with ethical standards and ritual practices, originated as with a wide variety key element of “secular” legal issues, ranging from inheritance, through marriage, divorce, contracts and criminal punishmentsIslam. Therefore the Since Sharia should not be mistaken for merely a general system of law. Insteadoriginated with Allah, it ought is considered to be considered a far more comprehensive code of behavior that embraces both private sacred itself. Between the seventh century marking Muhammad death and public activitiesthe tenth century, many Islamic legal scholars attempted to interpret the Sharia to adapt it to the expanding Muslim Empire.
The second major distinction between In the Sharia and Western legal systems is modern era, the result influences of the Islamic concept of the very Western colonialism and their law as an expression of the divine willsystems generated efforts to codify Sharia. To furthermore emphasize thisIt became clear, it is important that there needed to note, that unlike often occurrences in the Western history, no conflict between church and state can be found in the Muslim world. As a result the line between the religious and secular obligations is not as well-established in the Muslim world, as it is in the Western countries. With the death of the Prophet Muhammad in 632, communication between the divine will and the human beings ceased to exist. That in turn henceforth fixed the very terms comprehensive reform of the divine revelation and made them entirely immutable.<ref>Reclaiming Tradition: Islamic Law in a Modern World - http://wwwlaw.iar-gwu.org/node/23</ref> Thus The traditional Sharia law became quite a rigid and static system. Furthermore, unlike the secular legal systems that grow out of society and change over time with is currently adapted to meet the altering changing circumstances that occur in society, Sharia law started being forced and imposed upon society “from above”. Because in Islamic jurisprudence it is not the modern Muslim society that molds and fashions the law but it is the law that precedes and controls society instead. ==Origins and early historical development of Sharia==In order to better understand the Islamic lawHowever, it there is important to take a look at its historical development. For the first Muslim community established under the leadership of the Prophet Muhammad at Medina specific reason behind this change, and it should be sought in 622, the Quranic revelations laid dawn basic standards of conduct. But the Quran is two principal respects in no sense a comprehensive legal code. No more than 80 verses deal with strictly legal matters. Their general effect is simply to modify which the existing Arabian customary Sharia differs from Western law in certain important particularssystems.<ref>The Origins Historical development of Islamic Law & Development of the Sharia: Family“Sharīʿah law, Criminal Law ” Nature and procedures significance of Islamic law - http://www.crf-usabritannica.orgcom/america-responds-to-terrorismtopic/the-origins-of-islamic-law.htmlShariah</ref>
During his lifetime Muhammad as ====Differences between Sharia and Western legal systems==== First, in the Muslim world, the supreme judge of Sharia is not confined to purely religious matters. On the communityone hand, resolved legal problems as they arose by interpreting it aims at equally regulating individuals’ relationship with their neighbors and expanding the general provisions of the Quranstate, and the same ad hoc activity was carried on after his death by the caliphs of Medinaother - with God and their conscience. The first caliphs from the Umayyad dynasty, who took control of the empire in 661Islamic law also is concerned as much with ethical standards and ritual practices, conquered territories outside Arabia and as with a result elements wide variety of Jewish“secular” legal issues, ranging from an inheritance, Greekmarriage, Romandivorce, Persiancontracts, and Christian church law influenced criminal punishments. Therefore, the further development Sharia should not be mistaken for merely a general system of the Sharia at the timelaw. The Umayyad caliphs were the first to appoint Islamic judges, qadisInstead, it ought to decide cases involving Muslims. Knowledgeable about the Quran be considered a far more comprehensive code of behavior that embraces both private and the teachings of Muhammad, qadis decided cases in all areas of the lawpublic activities.The
==The rise of Abbasid dynasty, second significant distinction between the Sharia risky separate interpretations and unification==[[File:1200px-Abbasid_Caliphate_and_Umayyad_Emirate.png|thumbnail|300px|The Abbasid Caliphate in 755.]]In 750 Western legal systems is the Umayyads were overthrown and replaced by the Abbasid dynasty. During the 500-year rule result of the Abbasids, the Sharia reached its full development. Under their absolute rule the Abbasids transferred substantial areas Islamic concept of criminal law from qadis to as an expression of the governmentdivine will. And although the qadis continued to handle cases involving The line between religious, family, property, and commercial lawsecular obligations is not as well-established in the Muslim world, as it is in the Abbasids encouraged legal scholars to further debate Western countries. In the Sharia vigorously. As United States, there is a result a group of scholars started claiming clear distinction between church and state that only the divinely inspired Quran and teachings of is written into the Prophet Muhammad should make up the Sharia. YetConstitution, another separate group, however, argued that the Sharia should also include the reasoned opinions of qualified legal scholars. Thus different legal systems began to develop but this distinction is not as defined in the different provinces threatening to separate Sharia and Muslim community by risky free interprets.<ref>Sharīʿah: Development of different schools of law - http://www.britannicaIslam.com/topic/Shariah#toc68927</ref>
Soon With the death of the Prophet Muhammad in 632, communication between the divine will and the human beings ceased. That fixed the very terms of the divine revelation and made them entirely immutable.<ref>"Reclaiming Tradition: Islamic Law in a Modern World" - www.iar-gwu.org </ref> Thus Sharia law became a rigid and static system. Furthermore, unlike the secular legal systems that grow out of society and change over time, Sharia law was forced and imposed upon society “from above.” Because in Islamic jurisprudence it is not the society that molds and fashions the law but it is the law that precedes and controls society instead. ====Origins and early historical development of Sharia====The first Muslim community established under the leadership of the Prophet Muhammad at Medina in 622, the Quranic revelations laid basic dawn standards of conduct. But the Quran is in no sense a comprehensive legal code. No more than 80 verses deal with strictly legal matters. Their general effect is to modify the existing Arabian customary law in certain important particulars.<ref>The Origins of Islamic Law & Development of the Sharia: Family, Criminal Law, and procedures - www.crf-usa.org </ref> During his lifetime Muhammad served as the supreme judge of his community. He resolved legal problems as they arose by interpreting and expanding the general provisions of the Quran. This activity was carried on afterhis death by the caliphs of Medina.  The first caliphs from the Umayyad dynasty took control of the empire in 661 and conquered territories outside Arabia. The Caliphs gradually incorporated elements of Jewish, Greek, Roman, Persian, and Christian church law into Sharia law. The Umayyad caliphs were the first to appoint Islamic judges, qadis, to decide cases involving Muslims. Knowledgeable about the Quran and the teachings of Muhammad, qadis decided cases in all areas of the law. ====The rise of Abbasid dynasty, the Sharia risky separate interpretations and unification====[[File:1200px-Abbasid_Caliphate_and_Umayyad_Emirate.png|thumbnail|300px|left|The Abbasid Caliphate in 755.]]In 750, the Abbasid dynasty was created after they overthrew the Umayyads. During the 500-year rule of the Abbasids, the Sharia matured. Under their absolute rule, the Abbasids transferred substantial areas of criminal law from qadis to the government. And although the qadis continued to handle cases involving religious, family, property, and commercial law, the Abbasids encouraged legal scholars to further debate the Sharia vigorously.  As a vigorous attempt result, a group of scholars started claiming that only the divinely inspired Quran and teachings of the Prophet Muhammad should make up the Sharia. Another separate group, however, argued that the Sharia should also include the reasoned opinions of qualified legal scholars. Thus different legal systems began to develop in the various provinces threatening to separate Sharia and Muslim community with different legal interprets.<ref>Sharīʿah: Development of different schools of law - http://www.britannica.com/topic/Shariah#toc68927</ref> To eliminate discordant views, the Abbasid vigorously sought to reconcile the rival groups, one brilliant views. A legal scholar named Shafii systematized became a primary force in systematizing and developed developing what were was called the “roots of the law” at the time. He criticized both what he called “people of reason” and “people of tradition” trying to prove that neither group is absolutely true to Sharia. Shafii argued that in solving a legal question, the qadi or government judges should first consult the Quran.  If the answers were not clear there, the judges then should refer to the authentic sayings and decisions of Muhammad. If the answers continued to elude the judges, they subsequently should follow and refer to the consensus of Muslim legal scholars on the matter. Still failing to find a solution, and as a last resort allowance, the judges could form their own answer(s) by analogy from “the precedent nearest in resemblance and most appropriate” to the case in hand. And although taken very  Faced with contradictory at the beginning, with lots traditional interpretations of opposing traditional Sharia interpreterslaw, Shafii’s approach quickly gained adherents and was later widely adopted throughout the Islamic world in the following years.Thus by around By the year 900, the classic Sharia was formed and established. And although a number of different Although some concepts and institutions were have developed by Islamic jurists during the following centuries and they shaped different versions since that time, Shafi's understanding of Sharia in different schools of Islamic jurisprudencelaw ground these new developments. Additionally, all of them recognized the Sharia as law has taken its place at the main and only primary law governing the behavior of behavior for all Muslims.  The process was backed up by unified handbooks with examples, assembled by Islamic specialists in the law and prepared for Islamic judges to use in their decision makings. Moreover, the classic Sharia was not a code of laws, but a collective body of religious and legal scholarship that generally ceased to develop for the next 1,000 years. <div class="portal" style="width:85%;"> ====Related DailyHistory.org Articles====*[[How does The Magna Carta influence the Modern Perceptions of Civil Rights?]]*[[American Legal History Top Ten Booklist]]*[[How has the Roman Lex Mercatoria evolved to play a role in modern International Trade and Commerce Codification?]]*[[How Did Early Judicial Systems Evolve?]]*[[American Surveillance: Interview with Anthony Gregory]]</div> ====References====
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Updated January 4, 2018.
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