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Portal: Islamic Law: Difference between revisions
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{{PortalArticle|image=Suckling.jpg|summary=|title=Adult Suckling|description=Adult suckling (Arabic: رَضَاعَةُ الْكَبِيرِ), or the act of breastfeeding a male adult, is mentioned in several relied-upon collections of hadiths. According to five hadiths in Sahih Muslim, Muhammad once plainly instructed the daughter (or wife -- sources are unclear) of a companion named Suhail to suckle a "grown-up" freedman named Salim so that Salim would become the daughter's mahram, or a relation whom the daughter could no longer marry, and thus render Salim's cohabitation with the family appropriate and legal.}}{{PortalArticle|image=Child marriage.jpg|summary=|title=Child Marriage in Islamic Law|description=Child marriage and sexual activity between adults and children are sanctioned by Islamic law and were practiced by Muhammad and his companions. As is the case within all contexts where sexual activity is permitted in Islam - namely, marriage and slavery - female consent is not required and the category of "rape" does not exist. The only restriction on sexual activity with children of any age within the contexts of marriage and slavery is that the child should not come to severe physical harm as a consequence of the encounter.}} | {{PortalArticle|image=Suckling.jpg|summary=|title=Adult Suckling|description=Adult suckling (Arabic: رَضَاعَةُ الْكَبِيرِ), or the act of breastfeeding a male adult, is mentioned in several relied-upon collections of hadiths. According to five hadiths in Sahih Muslim, Muhammad once plainly instructed the daughter (or wife -- sources are unclear) of a companion named Suhail to suckle a "grown-up" freedman named Salim so that Salim would become the daughter's mahram, or a relation whom the daughter could no longer marry, and thus render Salim's cohabitation with the family appropriate and legal. The practice, sanctioned by a number of traditional jurists, is popularly rejected by Islamic scholars today.}}{{PortalArticle|image=Child marriage.jpg|summary=|title=Child Marriage in Islamic Law|description=Child marriage and sexual activity between adults and children are sanctioned by Islamic law and were practiced by Muhammad and his companions. As is the case within all contexts where sexual activity is permitted in Islam - namely, marriage and slavery - female consent is not required and the category of "rape" does not exist. The only restriction on sexual activity with children of any age within the contexts of marriage and slavery is that the child should not come to severe physical harm as a consequence of the encounter.}} | ||
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{{PortalArticle|image=Mahr.jpg|summary=|description=The Mahr (مهر) is a contract fee paid for by the groom to the bride in an Islamic marriage (see The Meaning of Nikah). Its purpose within Islamic law, as shown through the Islamic texts themselves and the rulings of fiqh, is to compensate the woman for the privilege of consummating the marriage through sexual intercourse with her. The mahr is an obligatory part of Islamic law. In the abscence of a mahr, the marriage is not valid.|title=Mahr (Marital Price)}}{{PortalArticle|image=Mcsegregation.png|title=Sex Segregation in Islam|summary=|description=The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Modern scholars and activists often posit that free-mixing is actually allowed in Islam, however their assertions on the matter usually lack the well-attested scriptural citations of the Islamic tradition that are marshaled by traditionalist scholars.}} | {{PortalArticle|image=Mahr.jpg|summary=|description=The Mahr (مهر) is a contract fee paid for by the groom to the bride in an Islamic marriage (see The Meaning of Nikah). Its purpose within Islamic law, as shown through the Islamic texts themselves and the rulings of fiqh, is to compensate the woman for the privilege of consummating the marriage through sexual intercourse with her. The mahr is an obligatory part of Islamic law. In the abscence of a mahr, the marriage is not valid.|title=Mahr (Marital Price)}}{{PortalArticle|image=Mcsegregation.png|title=Sex Segregation in Islam|summary=|description=The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Modern scholars and activists often posit that free-mixing is actually allowed in Islam, however their assertions on the matter usually lack the well-attested scriptural citations of the Islamic tradition that are marshaled by traditionalist scholars.}} | ||
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==Crime and punishment== | ==Crime and punishment== | ||
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<div class="articleSummaryColumn"> | Islamic scripture explicitly lists a number of particular punishments, most corporal, for the violation of the various rules it contains. The crimes for which scripture provides its own punishments tend to be those which are considered the most severe. Advocacy against these explicit scriptural injunctions is itself considered an act of apostasy, and thus traditionally merits the death penalty, as outlined in scripture. Beyond the well-known prohibitions on and punishments for sexual activity, the practice of free speech, and drinking alcohol, Islamic law traditionally also outlawed a great many forms of recreation, such as music and games that involved chance. In many cases, the particular prohibition is not clear - the most eminent example of this is, perhaps, the prohibition on Riba, as the precise meaning of the 7th century Arabian financial concept has long been lost to history.<div class="articleSummaryColumn"> | ||
{{PortalArticle|summary=|title=Islam and Freedom of Speech|image=Images-cfiv-0004.jpg|description=According to Islamic law, it is a criminal offense to speak ill of Islam, its Prophet, and its holy Scriptures (Qur'an and Hadith). Blasphemy is punishable by death. Sufficiently unorthodox perspectives constitute blasphemy just as well as ''only partially'' orthodox perspectives (that is, those perspectives that affirm some tenants of blasphemy while denying others).}}{{PortalArticle|title=Islam and Homosexuality|summary=|image=Homophobes.jpg|description=The four Sunni schools of jurisprudence all agree that practicing homosexuality is an egregious crime that earns an especially harsh punishment, although the schools vary regarding what exactly this punishment should be. Punishments range from execution by beheading, execution by stoning, execution by being thrown off a tall building, and imprisonment until death.}} | {{PortalArticle|summary=|title=Islam and Freedom of Speech|image=Images-cfiv-0004.jpg|description=According to Islamic law, it is a criminal offense to speak ill of Islam, its Prophet, and its holy Scriptures (Qur'an and Hadith). Blasphemy is punishable by death. Sufficiently unorthodox perspectives constitute blasphemy just as well as ''only partially'' orthodox perspectives (that is, those perspectives that affirm some tenants of blasphemy while denying others).}}{{PortalArticle|title=Islam and Homosexuality|summary=|image=Homophobes.jpg|description=The four Sunni schools of jurisprudence all agree that practicing homosexuality is an egregious crime that earns an especially harsh punishment, although the schools vary regarding what exactly this punishment should be. Punishments range from execution by beheading, execution by stoning, execution by being thrown off a tall building, and imprisonment until death.}} | ||
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==Jihad== | ==Jihad== | ||
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<div class="articleSummaryColumn"> | Jihad, which literally means ''struggle'', refers in Islamic law exclusively to military activity intended to spread and preserve the Islamic empire. Islamic literature does, however, often avoid this terminological use in order to use it in its literal sense. In this usage, the word Jihad is sometimes used to metaphorically allude to and describe the ''internal struggle'' one must at times engage in ''against oneself''. This alternative, metaphorical usage of the word Jihad does not, however, have any legal implications. The legal doctrines of Jihad are rather straightforward: the Muslim ''ummah'', or peoples, must, as the Quran states fight the unbelievers "until religion is all for Allah".<ref>{{Quran|8|39}}</ref> Although a military struggle is envisioned and described by these and similar statements in scripture, they have be employed rhetorically and metaphorically as encouragement for personal, spiritual struggles. There are also rules set out for how to conduct Jihad. On the one hand, wildlife, innocents, and enemies should not be needlessly maimed. On the other, all those who refuse to convert or submit to financial, social, legal, and various other forms of subjugation, be the innocents or combatants, must either be executed or enslaved (this includes sexually, in the case of women and girls).<div class="articleSummaryColumn"> | ||
{{PortalArticle|image=Jihadistsig.jpeg|summary=|title=Jihad in Islamic Law|description=Jihad has been a central imperative in Islamic law throughout history and remains one today. Although the doctrine of global religious and imperial conquest has proven controversial in recent times, particularly when groups have attempted to implement it, the basic contours of the doctrine have remained static since rise of first Islamic caliphates.}}{{PortalArticle|title=Invitation to Islam Prior to Jihad|summary=|image=Muhammad-Letter-To-Heraclius.jpg|description=The practice of inviting non-Muslim nations to join Islam or pay the Jizyah prior to engaging in offensive Jihad was first initiated by the Prophet Muhammad. His example was then followed by the Rightly-Guided Caliphs and the leaders of Islamic empires, codified within the Islamic Shari'ah. Where radical Islamists have today tried to emulate Muhammad and implement this well-established practice, they have generally been faced with widespread criticism.}} | {{PortalArticle|image=Jihadistsig.jpeg|summary=|title=Jihad in Islamic Law|description=Jihad has been a central imperative in Islamic law throughout history and remains one today. Although the doctrine of global religious and imperial conquest has proven controversial in recent times, particularly when groups have attempted to implement it, the basic contours of the doctrine have remained static since rise of first Islamic caliphates.}}{{PortalArticle|title=Invitation to Islam Prior to Jihad|summary=|image=Muhammad-Letter-To-Heraclius.jpg|description=The practice of inviting non-Muslim nations to join Islam or pay the Jizyah prior to engaging in offensive Jihad was first initiated by the Prophet Muhammad. His example was then followed by the Rightly-Guided Caliphs and the leaders of Islamic empires, codified within the Islamic Shari'ah. Where radical Islamists have today tried to emulate Muhammad and implement this well-established practice, they have generally been faced with widespread criticism.}} | ||
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==Ritual== | ==Ritual== | ||
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<div class="articleSummaryColumn"> | A great part of the body of Islamic law regulates the particulars of ritual practices ranging everything from precisely how one should twiddle one's index finger during the daily prayers to how the the throats of cattle should be split and drained dry of blood during ritual sacrifice. Whereas scripture provides usually clear outlines on the basic workings of rituals, jurist differ endlessly in the details. The great majority of ritual law regards benign practices of the finger-twiddling variety which, despite being a potential and sometimes actual source of social discord, have generally become topics of lesser concern among the wider Muslim population. Ritual laws regarding the large-scale sacrifice of hundreds of millions of animals to Allah, on the other hand, have attracted growing international attention. Similarly troubling have been the pilgrimage rituals conducted at Mecca which, when practiced by millions of persons all at once, have repeatedly resulted in hundreds of deaths by stampede and contagion. While some of these challenges such as those with pilgrimage rituals, Islamic jurists contend, can be overcome through logistical and architectural innovation, other, often moral, challenges, such as those face by animal sacrifice in the face of growing concern for animal rights, have been cause for lesser optimism.<div class="articleSummaryColumn"> | ||
{{PortalArticle|title=Eid al-Adha|summary=|image=Eidadha.jpg|description=Eid Al-Adha (عيد الأضحى, "the festival of sacrifice") is the biggest Islamic holiday, in which Muslims ritually sacrifice animals (usually sheep) in commemoration of Abraham's attempted child sacrifice of Isma'il (Ishmael). Of the two Islamic Eid festivals (the other being Eid al-Fitr, celebrating the end Ramadan), Eid al-Adha is the holier one. Eid al-Adha occurs on the 10th day of Dhu al-Hijjah, the final month of the Islamic Lunar Calendar, and lasts four days.}}{{PortalArticle|image=Udhiyya.jpg|summary=|title=Qurban (Ritual Sacrifice)|description=Qurban means "sacrifice" in Arabic. Islamic scriptures (the Qur'an and Hadith) recount at least two close instances of human sacrifice which were averted at last second and contemporary Muslims continue to engage in yearly animal sacrifice on عيد الأضحى "Eid Al-Adha", the Eid of the Sacrifice.}} | {{PortalArticle|title=Eid al-Adha|summary=|image=Eidadha.jpg|description=Eid Al-Adha (عيد الأضحى, "the festival of sacrifice") is the biggest Islamic holiday, in which Muslims ritually sacrifice animals (usually sheep) in commemoration of Abraham's attempted child sacrifice of Isma'il (Ishmael). Of the two Islamic Eid festivals (the other being Eid al-Fitr, celebrating the end Ramadan), Eid al-Adha is the holier one. Eid al-Adha occurs on the 10th day of Dhu al-Hijjah, the final month of the Islamic Lunar Calendar, and lasts four days.}}{{PortalArticle|image=Udhiyya.jpg|summary=|title=Qurban (Ritual Sacrifice)|description=Qurban means "sacrifice" in Arabic. Islamic scriptures (the Qur'an and Hadith) recount at least two close instances of human sacrifice which were averted at last second and contemporary Muslims continue to engage in yearly animal sacrifice on عيد الأضحى "Eid Al-Adha", the Eid of the Sacrifice.}} | ||
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