When is an act of killing considered oppressive or transgressive? Certainly when that the killing is intentional and malicious. Under Islamic law, there are three categories of killing that are crimes that may be sentenced in court:
Classical discussions on the topic of suicide center not just on the act of suicide, but how this act is related to the divine attributes of mercy, punishment, and forgiveness. The texts related to these attributes are multifaceted and their interpretations must be contextualized and tempered through a holistic reading.
It’s been said: “Denial is the worst kind of lie… Because it is the lie you tell yourself.” One of those things that there is summary denial of in many communities, Muslims included, is the occurrence of suicide and suicidal tendencies. Suicide is one of those topics that is paradoxically
When discussing any business model, it’s important to drill down on the mechanics of each deal and understand how it differs compared to similar businesses and methods of selling.
First, I’d like to point out that almost no one I know thinks that ISIS are good guys.
They also don’t think they are the astronomical threat to all humanity that they are made out to be.
They feel that the media gives them way too much play.
Do they (and I) believe they are off their rockers? Yes.
Do they (and I) believe that they too will pass? Yes.
Do they (and I) believe that some other group will be propped up in their place? Probably (Remember Khorasan?)
I am not going to accuse you of never knowing anything about Islam. Most of you have grown up in Muslim families, attended Muslim Sunday school, gone to Muslim summer camp, etc. You know the drill and the day to day of what many Muslims experience, especially in a communal sense. Also, I will not accuse you of being sympathetic to the bigotry and hatred projected towards Muslims. Despite your self-declared apostasy and atheism, I am sure that when you are in line in the airport, pulled over for a minor traffic violation, or opening an account at a bank, you are wholly identified as an “other” and your “Muslimy” name doesn’t help you in the least. I get it. You are still, like it or not, culturally tied to the community that you have identified with much of your life,
Muslim mentions in his Sahīh that Yahyā b. Abī Kathīr said “Knowledge is not attained through relaxation.”
PULL YOUR EYES OUT
I remember one of my teachers telling me about an incident in class with one of his teacher. After mentioning a narration one day, one of the students interrupted class saying: “Shaikh! Where can I find this?!” …
Continuing along the lines of deconstructing Islamic Law, I thought I would outline here the high-level categories of Islamic law as laid out in most Islamic legal texts.
#1 – Binary
Islamic law can be look at in a binary sense, i.e. with two main categories:
‘Ibadat – Acts of DevotionThis includes prayer, purity (being a condition for prayer), fasting, pilgrimage, customs, food and drink, in general all of those things that are done out of personal conviction in devotion to God.
Mu’amalat – Civil actionsBusiness, loans, partnerships, Criminal law, family law, the judiciary, international relations, etc… in general all of those things which involve interacting with other human beings.
#2 – another binary formIslamic Law can also be categorized into another binary form
Usul – Fundamentals
Furu’ – secondary issues
In this categorization, law is looked at in the bigger picture, taking into consideration the basis for which the individual laws were formed. this is similar to the differentiation between postive and natural law.
#3 – Trinary
‘Ibadat – Acts of Devotion
Mu’amalat – Civil actions
Customs – this differs here from #1 in that customs are not necessarily acts of devotion, but are regulated in that they usually involve society as a whole. It also differs with mu’malat in that there is generally no communative or charitable ‘exchange’ going on here, even though there is a cultural one.
#4- quaternary
‘Ibadat – Acts of Devotion
Mu’amalat – Civil actions
al-ankiHah or Fiqh al-Usrah – Family Law
Fiqh al-Jinayat – Penal law
#5 – quinternary
‘Ibadat – Acts of Devotion
Mu’amalat – Civil actions
al-ankiHah or Fiqh al-Usrah – Family Law
Fiqh al-Jinayat – Penal law
al-Siyar – International relations
#6 – septenary
‘Ibadat – Acts of Devotion
Mu’amalat – Civil actions
al-ankiHah or Fiqh al-Usrah – Family Law
‘Ilm al-QaDa’ – Judicial law (including arbitration)
Fiqh al-Jinayat – Penal law
al-Siyar – International relations
al-Siyasah -literally politics, but here meaning domestic affairs
A question seldom asked when investigating the intricacies of Islamic Law is how Islamic law came to be. Sure we all can look to the legal compendiums and the minutiae mentioned therein; review the marginalia and the facets of edge issues and dimensions of a particular position
Given that for the most part most civil dealings in Islamic law are defined by the limitations placed on them, not the rights set out by them, would it be safe to say that primary sources of Islamic law set out boundaries for substantive law, while leaving the boundaries of natural law open to interpretation?
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