Frontline: Muslims

Principles and Practice of Islamic Law

By Susan L. Douglass and Nadia Pervez  - 2003

Overview

The purpose of this lesson is to familiarize students with the basic outlines of Islamic law, to explain its religious and historical importance in Muslim societies, and to describe the elements of the Shari'ah system of reaching a decision and the role of the Muslim jurist in the process and outcome.

Objectives

The student will:

• identify Islamic law as a religious and historical system of determining right action for Muslims
• identify the primary sources of Islamic law as the Qur'an and Sunnah (example of Muhammad)
• describe several major principles involved in reaching an Islamic legal decision
• define terms related to Islamic law, such as Shari'ah, fiqh, ijtihad, and fatwa
• explain the qualifications of a Muslim jurist in terms of his or her authority, personal and social responsibility, and the branches of knowledge they are required to master
• explain the appearance and significance of the major schools of law in Muslim society

Procedure

1. As a pre-lesson activity, ask students what they know about religious and other legal systems in various faiths and countries. Students may mention Roman law, Justinian law, Napoleonic Law, English Common Law, as well as Canon Law and Jewish law. Ask them what they know about Islamic law, especially any terminology that they may have heard, such as Shari'ah, fatwa, or mufti. Ask who they think makes Islamic law, and what authority those persons have. The purpose of this pre-lesson activity is to find out what background knowledge, prejudices, or impressions they bring to the study of this complex subject. It might be useful to ask if anyone has a relative in the law or studying law, and what impressions they have about the difficulty of the subject.
2. Read Handout 1a: "What Is Islamic Law and How Does It Work?" Have students answer the questions at the end of the reading, then discuss them as a class.
3. Use Handout 1b to review the terminology discussed in the reading, matching the phrases with their meanings and placing them in the correct categories.
4. Distribute Handout 1c: "How Does a Muslim Jurist Reach an Opinion?" and follow the directions on the handout. The purpose of the chart is to reinforce the information on Islamic law in terms of the sources, the jurist, the process and the product, and to identify these parts.

Sources

1. Irshad Abdal Haqq. "Islamic Law: An Overview of Its Origin and Elements," The Journal of Islamic Law and Culture, 7:1 (Spring/Summer 2002), pp. 27-82.
2. Khalid Blankinship, "Politics, Law and the Military" in Douglass, S.L. ed., Rise and Spread of Islam: 622-1500 CE. Farmington, MA: Gale, 2002.
3. N. J. Coulson. A History of Islamic Law. Edinburgh: Edinburgh University Press, 1964.
4. Vincent Cornell, "Religion and Philosophy," in Douglass, S.L. ed., Rise and Spread of Islam: 622-1500 CE. Farmington, MA: Gale, 2002.