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Muhammad was a religious, political and military leader from Mecca, in 570 AD
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He united the entire Arabian region under a single, monotheistic religion called Islam
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He moved the region away from idol worship and multiple gods
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Taught that he was the last prophet sent by God in the tradition of Moses and Jesus
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He worked as a retail merchant and shepherd and was married in his mid twenties
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At age 40 he received his first directions from God while praying and meditating
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Three years later he started preaching about what he had been instructed
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This included that God was One, that complete surrender to him was the only way acceptable and that he was a messenger from God, along with those who had preceeded him
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At first he wasn’t very successful, but eventually his forces and followers grew to 10,000 and took control of Mecca, where he destroyed the pagan idols in the city
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After returning to Medina in 622 he died, having united virtually all of the Arabian Peniinsula
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One religion, one God, one final Prophet
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His revelations from God – “Allah” – are regarded as the literal word of God and form the verses of the Quran.
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His life and practices or “Sira”, and the traditions he taught or “Sunnah” are the foundations of the legal traditions of Islam and are know as Sharia Law
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Sharia covers various aspects of law including Criminal, Political, Financial Law as well as Sexuality, Dress Code, Hygiene, Diet and Spirituality
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Much is made of the interpretation of the Family Law of Sharia, which is said to be very paternalistic or chauvinist
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There are many interpretations between the various Islamic culture – just as there are different sects of Christianity – in principal these legal foundations are the infallible law of God
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Islamic judges (“qadis”) interpret these laws as well as the religious leaders (“imams”)
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Punishment on earth is only part of the judgement that awaits God’s sentencing in the afterlife
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Violations against Islamic Law are understood to be violations against God and Nature, so-called Secular Laws of countries are seen as secondary and changeable
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Democracy, Freedom of Thought and Women’s Rights are relatively modern concepts beyond the core concepts in Sharia and the culture of the period
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Important legal concepts and institutions wre developed by Islamic jurists during the classical period of Islam, known as the Islamic Golden Age, from the 7th up to the 13th Centuries – long before England and Europe were still evolving their thinking.
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This especially involved judges and the systemization of the legal process, most often independent of government
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From the 9th Century, the power to interpret and change law in Islamic states was centered in the hands of the scholars of the Quran – this effectively limited the power of the ruler – even before the Magna Carta was signed in England
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Islamic Law classifies behaviour into the following types or grades: fard (obligatory), mustahabb (recommended), mubah (neutral), makruh (discouraged), and haraam (forbidden). Every human action belongs in one of these five categories.
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Actions in the fard category are those required of all Muslims. They include the five daily prayers, fasting, articles of faith, obligatory charity, and the pilgrimage to Mecca.
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The mustahabb category includes proper behaviour in matters such as marriage, funeral rites and family life. As such, it covers many of the same areas as civil law in the West.
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Sharia courts attempt to reconcile parties to disputes in this area using the recommended behaviour as their guide. A person whose behaviour is not mustahabb can be ruled against by the judge.
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All behaviour which is neither discouraged nor recommended, neither forbidden nor required is of the Mubah; it is permissible.]
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Makruh behaviour, while it is not sinful of itself, is considered undesirable among Muslims. It may also make a Muslim liable to criminal penalties under certain circumstances.
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Haraam behaviour is explicitly forbidden. It is both sinful and criminal. It includes all actions expressly forbidden in the Quran. Certain Muslim dietary and clothing restrictions also fall into this category.
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The recommended, neutral and discouraged categories are drawn largely from accounts of the life of the Islamic Prophet Muhammad. To say a behaviour is sunnah is to say it is recommended as an example from the life and sayings of Muhammad. These categories form the basis for proper behaviour in matters such as courtesy and manners, interpersonal relations, generosity, personal habits and hygiene.
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By the 11th Century, European Christian Crusaders had completed a series of attacks on parts of the Islamic world including what is now the capital of Turkey (Constantinople/Istanbul) as well as Jerusalem
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Part of the what they brought back to Europe and England were the legal traditions of the Arab culture that had preceded them – but also the earliest legal texts of Ancient Rome and the so-called Justinian Code
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This allowed the scholars of the day to review their own primitive, customary laws and abandon some of the more absurd practices of trial by ordeal
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After the French Norman conquests of Britain, the English King’s powerful judges developed a body of “Precedents” that became the standard for judging people.
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In particular, King Henry II introduced legal reforms with selected judges who travelled throughout the Kingdom, often including a jury of peers.
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This was the formal end of Trials by Combat!
Review Notes to Share
History of Law: Sharia & The Crusades
Grade 11: Introduction to Law