A wife could refuse to accompany her husband on journeys.A man could marry up to four wives at once.Usually, an individual became an adult at puberty.Below are some features of family law in the classic Sharia that would guide the kadi in making his decisions. Most of these cases would be considered civil law matters in Western courts today.įamily law always made up an important part of the Sharia. The following sections illustrate some basic features of Islamic law as it was traditionally applied.Ĭases involving violations of some religious duties, lawsuits over property and business disputes, and family law all came before the kadis. The classic Sharia was not a code of laws, but a body of religious and legal scholarship that continued to develop for the next 1,000 years. Islamic specialists in the law assembled handbooks for judges to use in making their decisions. Nevertheless, Shafii’s approach was later widely adopted throughout the Islamic world.īy around the year 900, the classic Sharia had taken shape. He constantly criticized what he called “people of reason” and “people of tradition.” While speaking in Egypt in 820, he was physically attacked by enraged opponents and died a few days later. Still failing to find a solution, the judge could form his own answer by analogy from “the precedent nearest in resemblance and most appropriate” to the case at hand. If the answer continued to elude the judge, he should then look to the consensus of Muslim legal scholars on the matter. If the answer were not clear there, the judge should refer to the authentic sayings and decisions of Muhammad. In an attempt to reconcile the rival groups, a brilliant legal scholar named Shafii systematized and developed what were called the “roots of the law.” Shafii argued that in solving a legal question, the kadi or government judge should first consult the Koran. Different legal systems began to develop in different provinces. A rival group, however, argued that the Sharia should also include the reasoned opinions of qualified legal scholars. One group held that only the divinely inspired Koran and teachings of the Prophet Muhammad should make up the Sharia. The Abbasids encouraged legal scholars to debate the Sharia vigorously. The kadis continued to handle cases involving religious, family, property, and commercial law. Under their absolute rule, the Abbasids transferred substantial areas of criminal law from the kadis to the government. During the 500-year rule of the Abbasids, the Sharia reached its full development. (Non-Muslims kept their own legal system.) Knowledgeable about the Koran and the teachings of Muhammad, kadis decided cases in all areas of the law.įollowing a period of revolts and civil war, the Umayyads were overthrown in 750 and replaced by the Abbasid dynasty. The Umayyads appointed Islamic judges, kadis, to decide cases involving Muslims. The Umayyad dynasty caliphs, who took control of the empire in 661, extended Islam into India, Northwest Africa, and Spain. Islamic law grew along with the expanding Muslim Empire. As a result, elements of Jewish, Greek, Roman, Persian, and Christian church law also influenced the development of the Sharia. The first caliphs also conquered territories outside Arabia including Iraq, Syria, Palestine, Persia, and Egypt. These political-religious rulers, called caliphs (KAY liff), continued to develop Islamic law with their own pronouncements and decisions. 632, companions of Muhammad ruled Arabia for about 30 years. Thus, Islamic law, the Sharia, became an integral part of the Muslim religion.įollowing Muhammad’s death in A.D. During his lifetime, Muhammad helped clarify the law by interpreting provisions in the Koran and acting as a judge in legal cases. Only a few verses deal with legal matters. The Koran sets down basic standards of human conduct, but does not provide a detailed law code. It demanded that believers obey God’s will and laws. Muhammad introduced a new religion into this chaotic Arab world. Crimes against persons were answered with personal retribution or were sometimes resolved by an arbitrator. Each tribe had its own customs governing marriage, hospitality, and revenge. These tribes frequently fought with one another. In the modern era, the influences of Western colonialism generated efforts to codify it.īefore Islam, the nomadic tribes inhabiting the Arabian peninsula worshiped idols. From that time, the Sharia has continued to be reinterpreted and adapted to changing circumstances and new issues. The classic Sharia of the 10th century represented an important part of Islam’s golden age. Between the seventh century when Muhammad died and the 10th century, many Islamic legal scholars attempted to interpret the Sharia and to adapt it to the expanding Muslim Empire. Since the Sharia originated with Allah, Muslims consider it sacred.
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