Master Architect Of Islamic Jurisprudence Theology Religion Essay Example

scientific inference will be examined in this chapter. Usul Al Fiqh originates from Fiqh, which stems from the divine concept of Sharia. Muslim scholars strive to follow the process based on the teachings of the Quran.

Originally revealed over 1400 years ago when present-day political boundaries were unfamiliar, the Muslim community has expanded geographically over time. Now there are opponents who differ intellectually, theologically, and legally regarding implementing Sharia to different extents.

The science of inference in Islamic theology, known as 'Usul', is relevant to this research. It provides knowledge on determining when strict Sharia provisions are applicable and justifying sanctions for violations. 'Usul' comes from the Arabic word 'Asl', meaning 'Original', and was established by Imam Shafi.
Understanding 'Usul' is crucial for interpreting the Quran and Sunnah, comprehending secondary sources of Islamic jurisprudence, exploring perspectives of past scholars, and learning about methods like Qiyas and Ijtihad. This knowledge promotes a cautious approach towards Islamic law and respect for the methodologies of past scholars. Adhering to regulations when deducing new principles is vital for individuals who possess knowledge of 'Usul'. Furthermore, Muslim wisdom has evolved over centuries based on the principle of "given continuation" called 'Istihab'. Those knowledgeable in 'Usul' contribute to producing great scholars in the field through mindful speech and actions.

It is important to understand that the sources of Sharia vary depending on how it is defined. In simpler terms, Sharia acts as the moral code for Muslims, guiding their laws and regulations in both this life and the afterlife. The execution and interpretation of Sharia differ worldwide based on "fiqh" or law, which is influenced by different denominations and schools of thought.

For example, Saudi Arabia

adheres to the puritan Salafi movement and refused to support the Universal Declaration of Human Rights in 1948 due to its perceived violation of Usul at Fiqh. On the other hand, Muslims in Mali follow the Sufi school known for its flexibility towards other religions. However, this has resulted in persecution by Salafis and Wahabis who have a different view on Sufism.The Sufis, who consider themselves original Muslims, do not view adherence to Usul at Fiqh as obligatory. Usul at Fiqh encompasses more than just the Orthodox understanding of Sharia; it includes the Quran, Hadiths, Fiqh, and state-promulgated Islamic laws. While Sharia and Fiqh have no national or political boundaries, Islamic laws do. The prevailing perspective often defines Sharia by only including the Quran and Hadiths. However, there are schools like Sufis who don't even consider Hadiths mandatory but are not Quranists – a topic that will be discussed later in this chapter.

Sufis believe in internal laws of the heart that cannot solely be learned from books. Ahmedi Muslims believe in the continuation of shadow Prophets, such as Aaron to Moses, and see Mr Golam Ahmed as the promised Messiah. They consider his words divinely inspired for reformation purposes. These words form an integral part of their Sharia, which followers embrace with various guiding principles.

All Muslims agree that Prophet Muhammad was the last Prophet and that the Quran is the ultimate standard for Islamic teachings. Defining Sharia based on its diverse origins presents challenges; however, all Muslims share a common understanding of its contents when it comes to the Quran. In verse 45:18, the Quran itself describes Sharia as a "way" or "path."According to the

strict definition of Sharia, it is considered as a divine jurisprudence that applies to both this world and the afterlife. It is derived from the Quran and Sunna, which are mandatory for Muslims based on Quranic teachings [19] (essay_footnotecitation). Tariq Ramadan, a professor at Oxford University, describes Sharia as "the way that leads to the spring" [21] (essay_footnotecitation). He emphasizes the distinction between religion and culture, stating that Muslims in Europe should abide by European laws and that interpretation of Islamic texts should consider socio-political contexts globally [22] (essay_footnotecitation). Professor Tariq Ramadan and other scholars oppose Boko Haram's limited understanding of Sharia as solely "Islamic Law" or Usul at Fiqh.
Sharia extends beyond being just a legal system; it encompasses regulations, rituals, and personal beliefs. These include actions that are commendable or blameworthy. Unlike violations of national laws with judicial consequences, there are no secular rewards or penalties within Islam for these actions. For example, divorce is disapproved but not punished in Islam. Some scholars argue for adopting a unified school of thought rather than adhering to the five different schools currently present.The Salafi movement, which is rooted in the Quran, Hadiths, and practices of early Muslims, embodies this strict puritanical school of thought. It restricts individuals by prohibiting the use of personal reflection or 'Ijtihad' when applying Islamic rules in situations where clear guidance is not provided by religious texts. Unlike the four great Imams who supported 'Ijtihad', the Wahabi and Salafi movements reject anything that lacks direct approval in Islam as an innovation or 'Bid'ah'. This belief contradicts the principle that allows non-Muslims to vote for a non-Muslim political leader in a state

where they are a majority. As a result, laws enacted by such governments are viewed skeptically by Salafis and Wahabis due to potential conflicts with divine authority. The development of Islamic jurisprudence or 'Fiqh' has faced challenges throughout history. Legal experts often faced persecution from Islamic Caliphs when their interpretations were seen as too flexible for these rulers who sought greater control based on their perceived God-given rights to rule. This sense of insecurity led to oppression against some of the most progressive Islamic thinkers during that time period. Jalal Uddin Rumi was considered a traitor by many, while there are still some people in Turkey who do not consider the 'Whirling Dervishes' as Muslims.Sufis highly valued religious readings from the Quran and encouraged free thinking, utilizing civilization, art, and entertainment to promote tolerance within societies. The reading of Islamic terms and positions is considered a matter of faith in Islam, as religion and faith are inseparable. However, political leaders often suppressed more flexible interpretations of these terms in an attempt to control society. Emperor Alomgir, a devout Muslim with Orthodox views, ruled with strong authority. His theological beliefs can be seen in the 'Fatwa-e-Alomgiri', which angered many non-Muslims due to his policies. Alomgir aimed to align himself with the broader Sunni Islamic world and establish a universally accepted theological code for Sharia. Fatawa-e-Alamgiri (also known as Fatawa-i-Hindiya) is a compilation of legal opinions that were developed during Aurangzeb's reign and has been recognized in Turkey, Egypt, and Syria. To create this compilation, Aurangzeb brought together 500 fuqaha from different parts of the world: 300 from the Indian subcontinent, 100 from Iraq, and 100 from

the Hejaz. This international collaboration resulted in a unified theological framework for Sharia within Islamic history. A similar approach could be adopted in modern Europe to reconcile Sharia with Western values. Despite maintaining stability throughout his lifetime through strict rule, Aurangzeb's empire eventually crumbled due to growing anti-Muslim sentiments among non-Muslims.
The sentiment mentioned above played a crucial role in gaining support from Hindu leaders and ultimately resulted in the establishment of the British Empire in the Indian subcontinent. However, it is important to note that attempting to impose a rigid system for Fiqh throughout history had negative consequences. This approach restricted freedom of thought within a suffocating religious environment where even personal matters like love and romance were under state authority. The various schools of law, namely Hanafi, Shafi'i, Maliki, Hanbali, and Usuli, each have their own distinct perspectives on understanding Islamic law. According to the map provided, Africa is primarily influenced by the Maliki school of thought. Recent endeavors by Islamists in Mali seek to establish their own school of thought by exerting control over the government. The focus on targeting Sufi shrines by these Islamists indicates that governments perceive themselves as having the power to regulate personal religious interpretations. It cannot be denied that the Shafi school has significant influence (32).