University of California San Diego Islamic Law and Logic Discussion

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Explanation & Answer



Islamic Law and Logic
Institutional Affiliation




Islamic law has been considered to be the embodiment of Islamic thought, the core of
the religion, and the way of life for most Muslims. Knowledge has also been regarded as
sacred in this particular religion. One evidence to this fact focuses on the existence of the
term “fikh.” Law, on the other hand, has been viewed as knowledge par excellence. Joseph
Schacht established this particular view in his book (Schacht, 1975).
For one to be able to understand the logic behind Islamic law, one needs to
acknowledge the two primary sources of Shariah. The sources include the Sunna and the
Quran. The combination of the sources has led to the development of a link that exists
between revelation and reason. Furthermore, the emergence of Islamic law can be linked to
the existing marriage between the two primary sources mentioned. The Quran is highly
regarded as the most sacred book and source of this form of law. This holy book contains
verses that revolve around human beliefs, god, and how an individual practising Islam as his
or her religion should live his or her life in this world (Alwazna, 2016).
Human conduct has been regarded as an essential domain under Islamic law, and the
Quran offers verses that revolve around this particular aspect. Hence, some of the logic found
under Islamic law will focus on verses that focus on human conduct since they have been
used to govern a Muslim’s way of life in this world. Other verses included in the Quran
revolve around the legal matters or rulings that will have to be applied by the believers
whenever a legal situation has occurred. The legal verses found in this holy book, which are
five hundred in number, should be regarded as the next valuable domain under Islamic law.
The verses in the Quran have helped with the development of a legal system practised in
Islamic countries.



The second source, that is, the Sunna revolves around Prophet Mohammad, his
teaching and deeds. The sayings and other teachings have been formulated to form narratives
that exist in this holy book. This particular holy book contains legal provisions that have to be
applied by individuals who practice Islam. Some of the legal provisions present in the two
sources should be regarded as definitive. A corpus of legal contents also exists in the two
sources further leading the Islam believer to apply his or her reasoning when reading or
conducting legal rulings.
Islamic law ought to be regarded as a legal tradition. This view is similar to the
consideration that is given to common and civil law since both types of laws have been
regarded as legal traditions. A legal tradition focuses on practices that are considered to part
of the necessary components in any legal system. The other components under a legal system
include attitudes that are related to the legal system, beliefs, the purpose of the established
law and the scope of it. The final components of the legal system revolve around how the law
was created, implemented, adapted, and how it functions (Alwazna, 2016).
The fundamental principles present in Islamic law focus on the will of God. The same
principles have been abundantly established in the Quran. Islamic law seeks to mould society
to conform, their conduct and beliefs, to the will of God. Hence, Islamic law highly relies on
God’s command, and this aspect has led to the development of unity, as seen under the
Islamic legal tradition. A comparison between Islamic law and the two mentioned types of
law, that is, common law and civil law shows that Islamic law is broader when compared to
the other two. This particular law will have legal doctrines at its core that revolve around the
procedures to be taken if wrongdoing has been encountered, commercial transaction and
family. There are also detailed rules that have been listed under this type of law that focus on



the regulation of social etiquette and religious rituals conducted by believers who practice the
religion. The regulations and procedures present under Islamic law have not been put there
without any reason. There is a logic behind the placement of the two in Islamic law
(Alwazna, 2016).
Specific actions or things have been prohibited under Islamic law. In the book titled
“Philosophy of Islamic Laws,” the authors managed to provide information on the purpose of
the Islamic law imposed on the believers who practice the religion. The logic behind the laws
which advises or commands the believers to refrain from doing a particular activity focuses
on the benefits that can be acquired if a believer chooses to follow the law or the harm
avoided by the believers. As provided in the book, an individual who ponders on the fact that
certain things are forbidden under the religion will eventually gain knowledge of specific
things such as alcohol, cocaine and others that may lead the individual to incur harm. The
same will also apply when it comes to regulations that prohibit gambling since the interest of
the believer will revolve around the acquisition of wealth and not the religious teachings
found in Islam. Hence, such activities and products will trap the individual and may also
harm him or her (Shirazi, & Subhani, 2019).
Some of the regulations under Islamic law focus on the practice of the teachings as
well as worshipping acts. These regulations revolve around Zakat and prayer that should be
regarded as priorities by the believers. The formulation of these laws focused on the benefits
that may be acquired by the believer who practices his faith with zeal. The logic behind these
regulations revolves around those benefits that can be gained since the individual will be one
with his faith. The same is also seen in other religions. ...

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