7. Penal law

‘Penal law’ reviews Islamic penal law, the most controversial aspect of Islamic law that often prompts heated debate about its applicability in contemporary times. Classical Islamic law classifies crimes and their punishments into three main categories: hudūd, qisās, and ta’zīr. Substantively, the hudūd and qisās offences are specifically prescribed in the Qur’an and/or the Sunnah, while the ta’zīr offences are left to the discretion of the ruling authority or judges. There are a number of evidential requirements and standard of proving criminal offences under Islamic law. The classical Islamic penal rules are now codified into the current penal codes of a few Muslim-majority states, with necessary modifications.

5. Law of inheritance

‘The law of inheritance’ explores the Islamic law of inheritance, the fundamental rules of which are prescribed by the Qur’an and the Sunnah, giving a list of legal heirs with the aggregate of each heir’s entitlement meticulously stated. The three essential elements for the application of Islamic law of inheritance are: the deceased (muwarrith), the estate (tarikah), and the heir[s] (wārith[ūn]). Hanafī jurisprudence classifies heirs into three main specific classes: Qur’anic heirs, Agnatic heirs, and Uterine heirs. Shīʻah jurisprudence classifies them generally into heirs by blood relationship (nasab) and heirs by marriage (sabab).

10. The future of Islamic law

‘The future of Islamic law’ assesses the future of Islamic law. Owing to the influence of modern state structures and modern modes of law-making, the form and application of Islamic law as part of state law today is not based strictly on direct reference to classical fiqh manuals, but indirectly through state legislation in the form of codified statutes. Codification raises two questions concerning the future of Islamic law. The first question relates to form, while the second relates to content. One aspect of classical fiqh that may be affected by codified Islamic law is the flexibility of ikhtilāf (differences of juristic opinion), as the codified fiqh becomes the applicable law.

6. Law of financial transactions

‘Law of financial transactions’ studies the Islamic law of financial transactions. Islamic banking and finance is based on the general rules of contract and commerce as regulated by relevant provisions of the sharīʻah. Its fundamental principles are based on the legality of trade but prohibition of usury/interest (ribā), predatory/speculative transactions (gharar), gambling (maysir), and dealing in unlawful goods and services under the sharīʻah. Other relevant rules include the principles of partnership and agency, which are employed in devising different ‘sharīʻah-compliant’ products in contemporary Islamic banking and finance. The three main forms of ‘sharīʻah-compliant’ contracts are: the murābahah (‘cost-plus’ sale), mushārakah (equitable partnership), and mudārabah (silent partnership).

9. Administration of justice

‘Administration of justice’ examines the administration of justice under Islamic law, highlighting the importance of adjudication. The processes of administration of justice in Islamic law have never been static or inflexible but leave room for necessary refinement as the needs of substantive justice demand. Such refinements are left to the jurists and the relevant state authorities to decide in accordance with the sharīʻah. The jurisprudential rules relate to the appointment and role of judges, structure of courts and judicial procedure, rules of evidence, and appeals and judicial reviews. Islamic law also recognizes alternative non-judicial means of settling disputes, such as arbitration or mediation (tahkīm) and amicable settlement or conciliation (sulh).

4. Family law

‘Family law’ focuses on Islamic family law, the two main aspects of which are: marriage and the dissolution of marriage. Marriage by mutual contract (al-nikāh) is the only lawful type of marriage under Islamic law, with rules regulating its validity and consequences. The two main categories of requirements for the validity of an Islamic marriage are: prerequisites and essential components of the marriage contract. The questions of maintenance, polygamy, and stipulations are vital topics for family law. Under classical Islamic law, a marriage may be dissolved either through (i) unilateral dissolution initiated by the husband (talāq), (ii) dissolution initiated by the wife (khulʻ), (iii) dissolution by mutual agreement (mubāraʻah), or (iv) judicial dissolution (faskh).

8. International law (al-siyar)

‘International law (al-siyar)’ discusses Islamic international law, which is known as ‘al-siyar’. Al-siyar covers the classical Islamic rules on state conduct in times of war and peace, such as treaty rules, territorial jurisdiction, rules of warfare, and diplomatic relations. The rules of Islamic international law are derived from the Qur’an, the Sunnah, and relevant practices of the earliest Muslim caliphs. Islamic law of treaties and of armed conflict, as well as the Islamic humanitarian law, are important elements in this area of law, as is international human rights law.

2. The nature of Islamic law

‘The nature of Islamic law’ examines the nature of Islamic law, the understanding of which relates to Islamic legal theory. Many Muslims often claim that Islamic law is the ‘law of God’, in contrast to secular law as ‘man-made law’. This suggests that Islamic law is completely divine, ready-made, and with no human input at all. However, while Islamic law is based textually on immutable divine sources, its interpretation and application are based on mutable human jurisprudence. There are three interconnected questions relating to the nature of Islamic law: Is Islamic law really ‘Law’? Does Islamic law apply only to devotional matters? Is Islamic law completely divine and immutable?

3. Theory, scope, and practice

‘Theory, scope, and practice’ assesses the theoretical, substantive, and procedural aspects of Islamic law. The theoretical aspect engages with the jurisprudential rules relating to the sources, methods, principles, legal hermeneutics, and juristic methodologies of Islamic law. The substantive aspect deals with the scope of Islamic law, covering the textual provisions and juristic rulings on specific substantive issues. The procedural aspect deals with Islamic law in practice, covering its practical application as a functional legal system. Any examination of Islamic legal theory should consider the sources, methods, and principles of law and, in particular in this case, Islamic substantive law. Ijtihād is an important tool of independent juristic reasoning under Islamic legal theory.

1. Historical development

‘Historical development’ discusses the historical development of Islamic law, divided into six major periods. These include the formative period, the pre-classical period, the classical period, the post-classical period, the modern period, and an emerging post-modern period. The history of Islamic law is linked with the divine call of Muhammad to prophethood and the consequent emergence of Islam as a religious faith in Arabia in the 7th century. The Qur’an became the main source for guidance for the early Muslims. Thus, faith in God as the divine authority, in Muhammad as a prophet of God, and in the Qur’an as a divine revelation, has served as the cornerstone of Islamic law.