Injunctions In The Sharia Essay

2080 words - 8 pages

Within the above titles scope it’s ideal to take in many aspects of Sharia law in order to illustrate the explanation of the required elements. For the purpose of the above title it is important to explore the terms and concepts of Legal Maxims, Hukm, Niyya, and Fiqh. Legal Maxims form the goals and objectives of the Islamic legal system these detailed expositions enable the jurist at a later stage to reduce them to the abstract statements of principles they are designed to enable a better understanding of Islamic law and the evolution of legal maxims “The rules of the Sharia signify the set of principles determined with the precision and their subordinate legal Maxims which the great Muslims jurists have derived from the Quran the Sunna to determine the islamicity of any act, institution and policy” (Islamic-World Net., 2003) Legal maxims are generally seen as general rules and are seen as abstract theories that can be used in order to enable jurists to establish the purpose and objectives of Islamic law, where the individual and the community’s welfare are the priority of the rules of islam. There are five main objectives of Sharia all to do with preservation. Preservation of faith, life, intellect, Human existence and wealth. The concept of legal maxims can be divided into two different types, that of general and that of restricted and they are applied to all the branches of Sharia.
Quite simply general rules would be the first stopping point for a scholar when looking at Sharia and it is injunctions when identifying detailed injunctions and general rules it is useful to clarify firstly the difference between Sharia and fiqh. It is commonly known that Sharia is the laws stipulated by Allah for the followers of Islam. Then there is Fiqh. Fiqh would be the knowledge of the practical and the lawful practical stipulations from the primary and secondary sources for Sharia. Throughout literature detailing Sharia so general rules would be the ones found directly in the primary sources detailed injunctions would be the detailed delving of the general rules. Law injunctions and general rules are bandied about, but on the surface it can be hard to distinguish but upon closer inspection the following can be concluded. It just important to distinguish and find a definition for the keywords within the title the first keyword being injunction “Injunction- an order made by a court of law stating that a person must or must not do something" (Soanes, 2005) After an understanding of the term injunction it is easy to grasp its meaning within Sharia law.
It’s appropriate to start with general rules and when looking at general rules it’s a must to first look at the concepts behind these rules. The main concept being that of Niyya, (or intent). Schacht points out that Niyya was originally applied to acts of worship. For instance if the act of worship is not carried out with the piousness it indeed deserves or requires then the Niyya is not present in the...

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