05/08/2024
Islamic Law (Sharia)
Islamic law is the conservative interpretation and application of the
primary sources by early Mushimjurists, such as Abu Hanifa and Imam Shafi'i.
The Qur'an is separated from this classical formulation of
Islamic law (into schools of law) by a process of legal development
lasting more than two centuries. During this period, the Qur'anic
norms underwent considerable dilution to the detriment of women
and children. It is common for Islamic law (interpretations of original) to be mistaken with Islam (original) itself. After the death of Muhammad, legal decisions were given by his 'successors', the first four caliphs, Abu Bakr, Umar, Uthman and Ali. These caliphs and learned jurists warned that Muslims must guard against upholding their interpretations, which should be considered wrong if the primary sources so indicate. They did not want their views to be followed blindly the way certain Ulama (religious authorities essentially responsible for the interpretation of Islamic law) seem to advocate. While these jurists considered their opinions as contextual and best suited for their own time and circumstances, today these opinions are given more weight than the original sources of Islam itself.
In South Africa, conservative Ulama, who presently regulate and administer Muslim Personal Law (MPL) , give these interpretations precedence over the primary sources themselves.
Apart from these two primary sources of Islam and of particular
interest to this paper, in so far as it might provide local Muslims with a tool to overcome conflicts in MPL, is a source called ijtihad (independent reasoning). Reasoned interpretation of the primary sources was allowed for four centuries after Muhammad's death.
The 'door of ijtihad' was formally closed in the tenth century. Closure meant that there was no further need to interpret the Qur'an and Sunna, and recourse could only be had to the interpretations of the earliest scholars, whose opinions were not subject to any alterations. Notwithstanding the spirit of equality implicit in Islam, closure rendered jurisprudence ineffective and unable to provide answers to emerging and contingent issues. This ended the classical period of Islam.
