History and theory of religions. Arabic law book (most important)

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History and theory of religions. Arabic law book (most important)

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38. Arabic Code of Laws

Suras 2, 4 and 5 contain instructions on religious, civil and criminal matters. The second primary source of Islamic law is hadiths, i.e., stories about the actions and statements of the Prophet Muhammad and his companions.

The main difficulties in the legal use of the Koran and the Sunnah of the prophet were as follows. Firstly, the suras of the Qur'an heard by the prophet at different times often contradict each other, not only in metaphysics, but also in specific legal or ritual issues. Secondly, turning to hadiths as a source of law was hampered by the fact that the degree of authenticity of different hadiths was different and, most importantly, not universally recognized. There was a need for textual examination of hadiths, for an authoritative assessment of the antiquity and reliability of their isnads. Thirdly, the direct use of the Qur'an as an "Arabic code of law" was hampered by the fact that the legal norms in it were often formulated too abstractly and concisely, as if in a collapsed form.

Comprehensive commentary and development of the legislative guidelines of the Koran and hadith became the main content of Isam theology. There are two main types of legal interpretation of sacred books: tafsir and fiqh. Tafsir, which became widespread already in the XNUMXth-XNUMXth centuries, is a special scholarly interpretation, using, on the one hand, the methods of purely religious reasoning, and, on the other hand, all sorts of data on the chronology and history of sacred texts. Here, methods were developed for verifying the authenticity of hadiths, and biographical information about their transmitters was collected. Fiqh is more practical. This is Muslim canon law, include the theory of Islamic law. Fiqh deals with the direct legal interpretation of the Koran and hadiths, their interpretation in relation to the practical life of the Muslim society. Since the Law is understood as the main content of the Qur'an and Sunnah, the term fiqh is sometimes used broadly to refer to the totality of religious disciplines.

Sharia is a complex of legal norms, principles and rules of conduct, religious life and actions of a Muslim; Sharia is actually embodied in works on fiqh and in the practice of Muslim courts. The main task of Sharia was to evaluate the various circumstances of life from the point of view of religion. Fiqh complemented Sharia in purely legal aspects.

In the modern world of Islam, only collections of fiqh have the force of law, while the Koran and hadiths are books primarily for edifying reading, hard-to-understand primary sources of law and morality.

Author: Pankin S.F.

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