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Religious Studies
Danny M.Pincivero

Sharia positive law: - changes with time Urf: customary law Fiqh: - interoperated over time - sharia came over time - goal of religious life is to live by demands of the divine qurba: - closeness to God - sharia covers all dimensions of life - covers our connection with fellow human beings as well - no concept of secularism (demoting religion to person sphere) - islam came with a demand of creating a just society, Sharia is how to create a just society - first source of law is the quran, followed by the sunnah - sunnah can be divided into three aspects ---> what prophet said (hadith) ---> what prophet did (can also become part of hadith) ---> acquiesce, prophet did not say, nor do, but someone did something and prophet did not object (can also become part of hadith when said by someone) - books about the sunnah written after prophet's death - first book in 795 Muwatta by Malik - Islam expanded after death of prophet, absorbed many different people not just arabs - Persians, Africans may have different customary laws, different situations - in Kufa, multicultural community, came across a drink not found in Medina, it was intoxicating so muslims ruled it to be prohibited - Men dominated in time, later womens issue started coming up - how many years does wife have to wait to remarry - different schools had different rulings - Hanifi school in Kufa ruled a women has to wait 120 years because that was the avg. life of a women - according to Malik in Medina wait is 4 years, in which case a judge will investigate the husbands whereabouts and will pronounce the marriage annul - In terms of compatibility in marriage - in Kufa, multicultural, hanafi say compatibility important - in medina, all arabs, malik says compatibility not important - in Kufa, more liberal, hanafi school say dont need guardian permission for marriage - medina, more strict society, maliki school say need permission - law was varied depending on society - Abu Hanifa would rely on quran than sunnah then ra'y (reasoning) - Malik argued sunnah of prophet reserved in medina, would say follow sunnah of the people of Medina not only prophets - Hanbali school, against reasoning, dependent on sunnah, very little room for reasoning - weak hadith safer than ra'y (reasoning) - problem of different laws depending on where a person was, law was not standardized - no proper s
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