Jurisprudence Essay

Submitted By uselesstalent
Words: 643
Pages: 3
Open Document
Islamic jurisprudence is a process whereby sets of guidelines, rules and regulations, from the principles of Shariah law, are derived to sufficiently determine if a certain action or event is deemed permissible. The four sources of Shariah law are as followed; the Qur’an, Hadith/Sunna, Ijma (consensus) and Qiyas (analogical reasoning). Practices such as adultery, sexual harassment and homosexuality can be identified as halal (permissible) and haraam (forbidden) by using Islamic jurisprudence; providing Islamic individuals with an idea of what is deemed ethical, or morally right, and what is not.

Premarital sex and adultery is classified as unlawful sexual intercourse (zina) in Islamic sexual ethics. Although it is acknowledged that sexual desire is natural, submitting to it is an unacceptable submission to nafs and will not be tolerated in Islam. Marriage is the only appropriate way to engage in sexual intercourse. According to Qur’an 24:2, ‘The woman or man found guilty of sexual intercourse – lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day’, evidently describes the abhorrence of committing adultery in Islam—warning men and women alike to not perform such an act. Similarly, the Hadith describes what would become of an Muslim if he/she were to indulge in adultery or premarital sex, ‘The Prophet said, “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time’ (Bukhari Volume 002, Book 023, Hadith Number 655. Narrated by Abu Huraira). Since this ethical issue has been clarified and clearly addressed in both the Qur’an and Hadith, Islamic individuals would not have to seek further reassurance from the Ijma or Qiyas. It is evident, from Islamic jurisprudence, that premarital sex and adultery is forbidden, or haraam, in Islam.

Homosexuality is defined as a great moral jihad that needs to be overcome personally (not acted upon or announced) in Islam. The story of Lot in Qur’an 7, ‘And Lot said to his people: ‘Do you commit an indecency such as no people in all the world have ever one before you? You come to men with lust in place of women. You are a people committing excesses and wasteful (of your God-given faculties)’, explains that Islamic men should honour the creation of women instead of men. This would imply that whilst homosexuality isn’t forbidden, as such, it is most definitely frowned upon. The Hadith, ‘Kill the one that is doing it and also kill the one that is being done to’ (Tirmidhi), directly describes the punishment an Islamic
Show More

Related Documents: Jurisprudence Essay

Islam Response Essay

by sacred texts and writings, tradition and consensus. Using example from issues relating to sexual ethics, explain the process of Islamic Jurisprudence. “ The religion of Islam provides clear ethical guidance for it’s adherents across a wide range of issues and concerts. The process of determining the guidance to be given is known as Islamic jurisprudence. Through this process, judgments are made and applied to situations where ethical decisions are required. Muslim ethical judgment leads to…

Words 507 - Pages 3

Ap World History Dbq Analysis

decades preceding the enactment of the declaration of independence, and the preamble of the constitution. Yet, where did the founding fathers such as Thomas Jefferson, derive their knowledge for these pivotal elements to our great nation? Examining jurisprudence of the Greco-Roman eras, and a 17th century revolutionizing England, fragments from the ideals of Greco-Roman philosophers like Aristotle, and Revolutionary philosophers such as John Locke are illuminated in the founding documents. Without the…

Words 867 - Pages 4

Fourth Amendment Research Paper

technological advancements to its traditional interpretations. The exploration unfolds through three main subtopics: the history and essence of the Fourth Amendment, challenges posed by modern technology, and the evolution of Fourth Amendment jurisprudence. The impact of modern technology on Fourth…

Words 2112 - Pages 9

What Is Mapp V. Ohio Case Brief

enduring impact on criminal procedure jurisprudence. Background: In 1957, Cleveland police officers arrived at the home of Dollree Mapp, suspecting that a fugitive was hiding there. Mapp refused to admit them without…

Words 531 - Pages 3

Essay on Nature and Authority of Sharia Law

Sunni interpretations; Individual opinion’s and Qiya’s play an important role in many Sunni legal traditions, forming the basis of much of Sunni jurisprudence. In addition to tafsīr, the sunnah, and ijma’, Sunni traditions generally regard Qiya’s as the fourth source of deducing the law. Other methods of legal judgments such as mafhm al-nass (the clear implication of the text), tamthil (similarity…

Words 1943 - Pages 8

Role and Functions of Law Essay

agencies. While there are many sources of American law, the common characteristic of the current state of law is that it creates duties, obligations, and rights that reflect accepted views of a given society. Jurisprudence could almost be defined as the science and philosophy of law. Jurisprudence may be divided into three branches: analytical, sociological, and theoretical. The analytical branch articulates axioms, defines terms, and prescribes the methods that best enable one to view the legal order…

Words 1331 - Pages 6

Essay Progressive: Progressivism and Institutional Political Reform

originated in the cities to challenge machine politics - Governments hardly seemed capable of providing basic essential services - “Good Government Movement” - led by the National Municipal League - Fought to make city management a non-partisan process, like a large corporation - Progressive politicans focused on changing policies, not the political structure Progressive in the Statehouse - “Wisconsin Idea” - The application of academic scholarship and theory to public needs - Adopted…

Words 1044 - Pages 5

DUNCAN V Essay

principles of liberty and justice which lie at the base of all our civil and political institutions,” and it is “basic in our system of jurisprudence,” and it is “a fundamental right, essential to a fair trial.” The right of trial by jury in serious criminal cases works as a defense against arbitrary law enforcement and qualifies for protection under the Due Process clause of the Fourteenth Amendment of the constitution. But the Supreme Court would not assert that every criminal trial held before a…

Words 621 - Pages 3

Hall V. Florida Case Analysis

the article, growing reliance on medical expertise is one important reason imposing the death penalty upon vulnerable groups is now considered cruel and unusual. As society has come to utilize medical expertise, the Supreme Court’s death penalty jurisprudence has come to mirror that use. For the insane, the court held that an offender claiming insanity cannot be sentenced to death without psychiatric evaluations to confirm or dispel the presence of a mental disorder. With the intellectually disabled…

Words 471 - Pages 2

Essay about Parliament: Core Human Rights

supreme court in London as the final appellate court for human rights law Over previous decades, several commonwealth countries such as Australia and New Zealand have moved to create their own final courts of appeal. They have dispensed with the jurisprudence of the appellate Committee of the Privy Council. Judges should be sufficiently independent to enable them to make decisions without fear or favour but they must not be totally unaccountable and they should have a key role in certain areas of…

Words 2332 - Pages 10