REL 137g 1st Edition Lecture 11 Current Lecture4 schools of Islamic LawHanafMalikiShaf’iHanbaliAll equally orthodoxThey will agree on some things, disagree on others Important to distinguish between ‘the’ and ‘an/a’ Something can be an ideal of Islamic law, but is not the only one Mu’tazilitesHumans can know good and evil independent of revelationOtherwise God would be unjust in holding humans morally responsible Revelation is not necessary; it only clarifes and confrms what right reason already fnds. Brings nothing new reason is the source of all doctrinesRejected by some Ash’arites Reason can serve or contradict beliefsBut it is not absolute Can only make moral claims on the basis of sources that transcend human perspectives From the Koran, from God. Islamic law becomes as justifcatory system To justify anything, one needs proof or “dalil” – truth; for every claim that is made At the heart of all negotiations in Islamic law; an obsession what God will reward/punish, likes/dislikesNot what any one person wantsProof that exists in the public domain where everyone can access and review it Kinds of proofKoranSunna These two are the absolutely uncontested proofsIjma Unanimous consensus Binding on the entire community Perpetual Doesn’t work by focusing what is agreed upon but instead focusing on what is not agreed uponThe stuff that is open for debate and discussion QiyasAnalogy Answers the question: what do we do about things that scripture does not address?Extend the scripture to issues that were not around at the time of revelationFour partsKnown specimen; example – wine drinkingKnown ruling – wine drinking is forbiddenReason – why it is forbiddenUnknown specimen’s ruling – crack/cocaine in today’s society Extend the reasoning/ruling behind forbidden wine drinking to crackIntoxication These four kinds of proof are accepted by all the schoolsDisagreement onEquity – istihsanExtenuating circumstances allow certain things to happenExample: running stop lights in the case of an emergency Circumstances in which you can violate the lawPublic utility - maslahahThe law seeks to promote 5 things (broader aims, objectives)LifeReligionProperty (money)Progeny (family, children)Sanity So when something comes up that threatens these issues, a law can be made up that preserves them, even if it did not comes directly from revelationExample: driver’s licenseThe value of life is at stakeTherefore, those who operate cars must be trained to do so Custom – ‘urf. Another schoolZahiri -Rejected analogyIf God did not explicitly explain why something is forbidden, it cannot be extended Too inadequateCeased to attract followers faded out of
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