Odeh A. Muhawesh. Muslim Law and Practices

Transcription

1 Muslim Law and Practices

2 Transactions Penal Personal Societal Shari ah means the path to follow, or a water stream

3 Transactions: Laws that deal with all transactions between individuals and/or establishments, including governments, corporations, nations, etc.

4 Penal: Includes criminal law and enforcement of all other categories of Islamic law.

5 Personal: Laws that govern one s relationship with God, self, and others. Islam emphasizes the rights of the individual within the limits of not encroaching on the rights of others. This set of laws includes all rituals like the laws of purity, diet rules, prayers, fasting, charity, pilgrimage, etc.

6 Societal Laws that govern how society functions to maintian a virtuous environment. This set of rules includes leadership, governance, and election laws.

7 Sources of Islamic law: 1. The Qur an 2. The Sunnah Sunnah is defined as the sayings, actions, and concurrence of Prophet Muhammad* * As conveyed to us by the progeny of the Prophet according to Shiahs, and as conveyed to us by the companions and their followers, according to Sunnis.

8 Muslim jurisprudents are known as fugaha singular, fagih. They essentially are lawyers of Islamic law. The most common title equivalent to Reverend, Minister, Priest, Rabbi is Sheikh Sometime the title of Imam is given to Sheikh.

9 Hierarchy within the Sunni community: Shiekh Al-Islam Sheikh Imam Known Sheikhs: The Imams of the 4 sects, Ibn Taymeihah, some current Imams.

10 Hierarchy within the Shiah community: Theqat Al-Islam Hujjat Al-Islam Ayatollah Few Ayatollah s make it to the degree of Marje Known Shiah scholars include Avicenna, Ibn Al-Arabi, Ayatollah Khomeini, Ayatollah Sistani, Fadhlullah, and others.

11 Common Muslim Rituals: 1. Five daily prayers 2. Fasting the month of Ramadhan 3. Paying the poor tax 4. Pilgrimage to Mecca

12 Salah: Five daily prayers 1. Must be performed facing Mecca (Ka aba) 2. Must be preceded by a ritual cleansing (Wudu) 3. Best performed in congregation 4. Best perfumed in the Mosque (Masjid)

13 Salah: Five daily prayers 1. Prayers are performed daily: 2. Before sunrise 3. At noon and afternoon 4. After sunset and in the evening 5. One must stand in submission to God in 6. harmony with all that is always standing such 7. as trees, mountains, etc.

14 One then bows and glorifies God in submission like all animals and creation that does so in submission. Also, some take this to mean that I put my neck out to defend the faith Salah: Five daily prayers One then bows by placing the forehead on earth on something that is natural. Then one sits up, asks for forgiveness, and prostrates himself again. This denotes the cycle of life. God says in the Qur an: From it (earth) We Created you, to it We shall return you, and from it We shall raise you Yet again.

15 Saum: Fasting the month of Ramadan Ramadan is a lunar month therefore it moves ahead 10 days each year One must refrain from eating, drinking, smoking, sexual activity between sunrise and sunset Must review and jettison bad habits prior to the start of the month Must make right injustice carried out against others, and ask them for forgiveness Spend the nights in contemplation, prayer, reciting the Qur an and supplications Must end the month with a special poor tax to aid the needy

16 Zakah: The poor tax Generally, Zakah is 2.5% of ones earnings after they reach a certain value Shiahs and Sunnis differ on what Zakah is paid on. Sunnis state that it is paid on all earnings once it reaches a certain value. Shiahs believe that it is due only on certain properties such as gold, silver, livestock grains, etc. Khums, which is in addition to Zakah, is another type of tax where Sunnis and Shiahs differ: Sunnis believe that it is only payable on war booty, Shiahs believe that it is payable on all excess income. Khums equals 20% of one s excess income

17 Zakah: The poor tax Zakah (Zakat) is a public charity. It can be used to help those who are: 1. In deep debt 2. Travelers who lose their money or run out of means 3. To free slaves 4. Anyone who does not have the basic needs covered 5. Most charitable projects 6. New comers to Islam if they are castigated by their old communities

18 Zakah: The poor tax Zakah (Zakat) is not payable to one s dependants since one is obligated to provide for them Zakah is a personal obligation. Sunni Muslims believe that the state can force individuals to pay Zakah Shiah Muslims believe that since it is a personal obligation, one sins if he doesn t pay it but the state can not force him to do so. Sunni Muslims believe that Zakah is payable on everything, if the Nisab is reached. Shiah Muslims believe that zakah is payable on nine types of goods: gold, silver, camels, cows, sheep, wheat, barley, dates, and raisins

19 Zakah: The poor tax In addition to Zakah, Muslims believe in Khums: Khums literally means 1/5. Sunni Muslims believe that 1/5, or 20% of war gains must be paid to the state Shiah Muslims believe that 20% of one s excess income must be paid, to be divided into 2 parts. In addition to the above, Sadageh, or charity is prescribed. This is ad hoc giving of help.

20 Hajj: The pilgrimage to Mecca Hajj is a Muslim ritual that completely follows the footsteps of Abraham. All prophets are believed to have performed this trip to Mecca Only able-bodied, capable Muslims are required to make the trip