Sources of Islamic Law

Opening remarks

Islam is the complete code of life. It gives guidance in all walk of life. Under Islamic law the term law includes the moral law and legal enactments. According to Islam ultimate source of any authority is God alone.

Sources of Islamic law

1. Quran

Quran is the first and primary source of law. Quran is not a legal code in the modern sense. The legislative part of Quran is the model illustration for future legislation and does not constituted a legal code by itself.

Importance

As primary source of law Quran has vital importance. It lays down a way of life which regulates the relationship of man with man and his relationship with God. The law of inheritance, marriage, divorce, theft, adultery and provisions of war and peace are meant for regulating the ties of man with the fellow beings.

2. Sunnah

Second source of Islamic law is Sunnah. The Sunnah is closely linked with the Quran. It comprises of:

All words counsels of the Prophet (S.A.W.W)

Actions, words and daily practices of the hold prophet (S.A.W.W).

Silence implying a tacit approbation his part of any individual act committed by the disciplines.

Importance

Sunnah has great importance after the Quran. It describes the functions of the Holy Prophet (S.A.W.W) namely, announcing of the revelation before people, giving then guidance.

3. Ijma

Imja is an important source of law. It is the agreement of the Jurists among the followers of Muhammad (S.A.W.W) in a particular age on a particular question.

Basis of Ijma

Ijma may be based on

Quran

Sunnah

Analogy

Kinds of Ijma

Express

Tacit

Qawli

Sakuti

Importance

Ijma as a source of law has great importance. It helps in interpretation of laws according to the changing needs of times and new legislation can be made through its procees.

4. Qiyas

Qiyas is an extension of law from the original text to which the process is applied to a particular case by means of common Illat or effective cause, which cannot be ascertained merely by interpretation of the language of the text.

Kinds

Qiyas Jali

Qiyas Khafi

Importance

The function of Qiyas is to extend the law of the text to cases not falling within the purview of its terms and not to establish a new rule of law.

5. Opinions of Muslim Jurists

Opinions of Muslim jurists are also secondary source of Islamic law.

6. Nature of laws lays down

The Holly Quran is a code of conduct laying down the fundamental principles and not the detailed provisions so in case of ambiguity reference should be made to the sunnah.

7. Naska

Nask is also secondary source of Islamic laws. It is tent of Quran and tradition which have either been totally abrogated or there application limited or modified by the subsequent text.

8. Muslalah Mursala

Muslalah Mursala means when nothing becomes clear in law after giving reasons then the course which is to be adopted according to Islamic spirit for instance. Taxation for the defence …

His Most Famous Sculpture – Cloud Shepherd – Jean Arp

Jean Arp / Hans Arp (September 16, 1886 – June 07, 1966) was one the most prolific, venerated and famous German-French sculptor, painter, and poet. His designs were concrete in nature and he would distort reality to express his political viewpoint in the form of art. Arp had adopted many styles, especially ‘Surrealism’ and ‘Abstractionism.’ He also founded ‘Dadaism.’ Jean’s main interest lied in ‘Surrealism,’ as through it, he could liberally express his philosophical and political opinions. In 1931, he ventured for sculpturing, which while being substantial in nature, also symbolized his particular viewpoint. One such most famous sculpture by Jean Arp is “Cloud Shepherd,” unveiled at the Ciudad Universitaria de Caracas, Venezuela, in 1953. The sculpture continues to grace the university.

The Ciudad Universitaria de Caracas is famous for its architectural brilliance and urban planning. This university was exceptionally famous for its massive and prolific art sculptures, all of which were initially planned by architect Carlos Raúl Villanueva. Many sculptors from around the world contributed to this project. Noteworthy among them was “Cloud Shepherd” by Jean Arp. During the construction of the sculpture, the world had just survived from the Second World War. Arp wanted to depict his political viewpoints, which he achieved through this sculpture.

Placed near Plaza Cubierto in the university, this sculpture, made from pure bronze, was quite tangible in nature. This was different from the traditional methods of sculpturing, which were more abstract and deviated from the reality. “Cloud Shepherd” was more real, as it occupied more space, which Arp intended, since he believed that sculpture was a composition like ‘a fruit that grows in man’. This sculpture had clear shape and structure, on which when a sudden gleam of light falls; it illuminates the entire surrounding with its refraction. The curve of the sculpture symbolized the marvels of nature, such as clouds, hills, and lakes to depict his dislike against machines and money, which were the root cause for the wars.

Flavored with ‘Surrealism’ and ‘Dadaism,’ through “Cloud Shepherd,” Hans Arp wanted to express his dislike of the bourgeois capitalist society. Due to its architectural marvel, the site of “Cloud Shepherd,” Ciudad Universitaria de Caracas, UNESCO, in 2000, listed it as ‘The World Heritage Site.’ The contribution of Jean Arp for this university project cannot be forgotten, owing to his innovative sculpture “Cloud Shepherd,” a perfect memento to the field of art.…

What Are the Social Contradictions?

The social/economic contradictions are different from all others in nature that they apply to humans, and so they describe qualities specific to social /interest groups/social classes, and the resolution would be inside human social structures. For any unknown social/economic contradiction the spontaneous antagonistic resolution would be with loss of value and resources.

If the contradictions are known, the resolution may be accomplished before the reaching the antagonistic stages. So it can be stated that the efficient leaders of society should know and resolve the contradictions as they get available solutions, avoiding antagonistic stages or social conflicts.

The study of contradictions in Socialism or in any society has importance beyond the theoretical aspect. The very practical/pragmatic aspect would be the optimization of social relations between classes/group of interest and the correct allocation of resources into society as a whole.

The media manipulation is what the governments do at time to postpone the antagonistic stage until the underlining facts help for a peaceful resolution.

The antagonist stage of contradictions

“In each thing there is contradiction between its new and its old aspects, and this gives rise to a series of struggles with many twists and turns. As a result of these struggles, the new aspect changes from being minor to being major and rises to predominance, while the old aspect changes from being major to being minor and gradually dies out. And the moment the new aspect gains dominance over the old, the old thing changes qualitatively into a new thing. It can thus be seen that the nature of a thing is mainly determined by the principal aspect of the contradiction, the aspect which has gained predominance. When the principal aspect which has gained predominance changes, the nature of a thing changes accordingly.”(Mao)

In December 1989 the contradiction between Ceausescu’ rhetoric and Romanian population starvation become antagonistic and it was solved by popular uprising.…

Benefits of Social Studies

There are many benefits of social studies, which teachers should make clear when writing lesson plans. However, with educators specializing in very particular fields of education, it has caused many issues in the education system. Social studies is one field where some teachers lack the adequate knowledge to teach students. Social has many different areas of focuses including the following:

· Anthropology

· Archeology

· Geography

· History

· Economics

· Civics

· Political science

· Culture

· Sociology

These various areas all focus on how human behaviors work and how individuals interact with the world we live in along with the cultures that make up society. Understanding history allows our society to continue growing and build upon the information and education that is already out there.

Students that are not learning social will have difficulties when trying to find jobs and interacting with the culture they live in. Anthropology is one area that needs to be discussed as it shows information pertaining to the evolution of human life. This important field shows how the globe has been populated along with studying of the human body. It can be credited to aiding in modern forensics thanks to the study of human bones and the human body to understand cultural and racial differences.

Social studies is also based on the education of economics, law, and political science. This teaches children how wealth is distributed in the world along with global issues, which is among the benefits of social studies. The recent recession is living proof that our society needs to understand how our spending habits impact the country and the entire world. Students need to learn about inflation, recession, unemployment, investments, and taxation in order to become contributing members of society. Law is another very important subject matter that our children must understand. It is needed to know the laws of your country in order to live by them. How does law enforcement work? How do I impact the city I live in? These are just some of the questions that will be answered when a student is able to spend time learning social studies.

How about understanding how life forms on our planet? This is another type of social studies called geography. Understanding geography helps to understand weather patterns, earthquakes, and many other things that can impact our lives in an instant. This is just one of the benefits of social studies.

There are many other areas of social studies and each of them has their own benefits. For instance, psychology, which is important to learn about to see how the human mind works. Students need to see how their brain works, especially as they are growing and dealing with things that can impact the chemicals and things in their bodies, which has a direct impact on their brain. Communication is another area that needs to be taught as it helps students learn how to communicate and to understand the language they speak.

With today’s global society, there are many …

How Loyalty Affects You Personally and Professionally

How often is your loyalty questioned? Loyalty is something of value. Loyalty is a jewel that is hard to find in today’s society. Think of your loyalty to an organization. People do not spend the same amount of years working for the same company, as their parents and grandparents did. Think of the marriages that end in divorce. People are quicker to terminate marriages for the smallest of issues, such as “irreconcilable differences.” Loyalty is a strong force that will keep you in any relationship, whether business or personal.

Your loyalty to someone or even an organization will always have a high appraisal value. When your mate for example senses a hint of disloyalty in you, the level of trust goes down. When trust diminishes, the relationship deteriorates. The same is true for the organization you work for. When disloyalty is evident in you, your opportunities for growth in that organization are lost. Trust and loyalty go hand in hand.

The opposite obviously is disloyalty. So how is disloyalty shown? Simply in what you say and sometimes what you do. Do you gather at the water fountain with other employees to bad-mouth what management is doing? Do you tell your mate’s secrets to your friends, knowing that if your mate found out, he or she will be highly embarrassed or upset? In terms of what you do, how likely are you to allow someone to speak evil of a friend or relative of yours without you speaking up for them? What if your coworkers say negative things about your CEO? Is he or she worthy of your defense?

Loyalty is rooted in the heart. It is not superficial by any means. It is a code by which one lives. It is a standard that will gain you allies for life. It is true that one can be loyal to people or organizations that are negative, such as gangs or terror groups. So loyalty in itself is not a sign of a good trait. What is important is who or what you are loyal to.

Now, loyalty is not just a matter of you showing it for the sake of being loyal. The reason you are loyal is because the other party has your interest at heart. Loyalty is required on the parts of both parties. If your company for example is not showing you signs of job security or passes you up for promotion when you are the most qualified, then the company is not being loyal to you. Going back to Trust, it is diminished in your eyes. Likewise with your personal relationships. All parties involved must show loyalty. If you are not benefiting from the relationship, then the loyalty level is dropping.

So be a person who is known for being loyal. However be a smart loyal person. If you are given reasons to distrust the other party, your loyalty level will naturally drop and you must demand that corrections are made. If corrections are not made, then …

Love and Relationships in Modern Society

It is very common to hear these days that romance is dead, or that love and relationships of the present age just do not have the passion of the old days. But how true is that? Were relationships of the past so filled with romance and so perfect as often described?

The truth is, all those amazing love stories that are told in great novels and movies, even when real, are the rarest of relationships. From an early age, a perception is created in people’s minds about love and relationships, that it should all be as in fairy tales or in a romance; that love, when it comes, will be forever and will be a perfect and a smooth ride. Human beings are not perfect, therefore their relationships can’t be perfect either.

We’re not that much different from people who lived centuries ago; our core is still the same, our desires and feelings are unchanged. What has truly progressed, on the other hand, is a society which has now a different set of values that changed the way people perceive love and relationships. A few decades ago a wedding ring meant it was forever, but not because the couple would love each other endlessly; it was only because it was not possible to break the vows of marriage. No matter what happened between the two, there were no exit doors. And even though we are given the idea of these perfect marriages, the unavoidable truth is there were problems. They were just hidden behind veils of lies and deceit.

The key to making love and relationships last and be happy doesn’t involve any magic, or a ring; it’s about both people committing themselves to the fullest. Often people are so lost in their search for the stereotypes they believe, that they forget commitment and love is truly important to make things work. This is something that will remain the same over the years.

Love and relationships haven’t changed that much over the centuries, because men and women still feel the same way and are still after the same desires. Their surroundings, on the other hand, have evolved the perceptions of these ideas. Before, just as it is now, relationships were haunted with many problems, doubts and struggles between the couple, but no one is interested in reading stories about failed romances of the past. And this is what creates the dream of perfection in the minds of people, that is so far from reality.…

Art is a Reflection on Society – A Perspective

Art has always been a reflection of the emotions, personal struggle, and the path breaking events of a contemporary society. When a society demands or undergoes a change, art has mostly subtly complied with it. The Oxford Dictionary describes art as “the quality, production, expression, or realm, according to aesthetic principles, of what is beautiful, appealing, or of more than ordinary significance.” In effect, art definitely is an expressive platform for individuals, groups, as well as society, especially the radical changes or events witnessed thereof. It usually depicts the current or a particular scenario in the purview of the political situation, economic, social, geographical, the emotions spun therein, the undertones of revolutions, and uprising, to name just some.

If we go periodical about discussing art as a reflection of society, then we begin from the most ancient. The ‘Prehistoric Art’ consisted of paintings on the rocks and caves, which symbolized their routine lifestyles and rituals. The paintings were therefore, an evidence of their culture, which helped historians derive information about the life, culture, and the civilization of this era. The famous ‘Indus Valley’ or ‘Harappa,’ ‘Greek,’ and ‘Egyptian’ civilizations, especially had prolific artistry, including sculpture, architecture, paintings, engravings, and metal art.

In fact, the most we know about these amazingly rich civilizations, is credited to their narrative artifacts and buildings only. For instance, the ‘Egyptian Civilization’ believed in life after death. The society therefore, had a strong spiritual framework, concentrating more on the human journey after death. They believed in immortality and worshipped many deities, a fact distilled from the paintings adorning the walls of the great Pyramids. The Greek Civilization however, was more emphatic about the human form, its poise, and beauty, reflecting mostly on the attires, body languages, hairstyles, and cultures prevailing over different periods.

Creativity adopted the sects of ‘Art Movement’ to depict the realities of a contemporary society, vis-à-vis, its stable fabric, regularly changing aspects, and even revolutions. The impact of the contemporary socio-political scenario has also always been portrayed. For instance, before the First World War, Paris used to bustle with great political activity. This restlessness somewhere influenced the development of ‘Cubism’ by Pablo Picasso and Georges Braque. ‘Cubism’ involved the depiction of a particular subject from multiple angles, a practically prevalent situation then. The artistry turned mysterious in essence, to manifest the hatching of diverse political conspiracies in Paris at that time.

Expressionism’ was another art form developed, when the society was undergoing transitions at different levels, including creative. There was a revolt against the traditional outlook towards art. A modern approach was adopted. The ‘Modern Art’ was a blend of ‘Abstract Realism,’ in which the subject was distorted to depict its reality and emotional upheaval. The colors in the paintings have nearly always portrayed the true emotions of the subject, the event, or the mood of the artists.

To conclude, we can say that art may always not be beautiful aesthetically or comprehensible to all. It however, should be powerful enough to portray …

How Does Music Influence the Individual?

It is not clear how music influences the individual. Some experts insist that music and musicians influence young people. Other sources insist that certain individuals respond to particular types of music and musical expression. Either way, today’s youth can see how their favorite musicians dress and behave, both in public and in private, via the multiple media sources which are constantly monitoring the world’s celebrities. Young people can then elect to change their own appearance and behavior to reflect the musician and musical style that they most identify with.

Two separate, but related, theories explain how individuals relate to and express themselves through music. Social identity theory indicates that people “borrow” their identity from the society in which they live. The individual’s adopting of a group identity through music is a way for that person to conform to the ideals, goals, and norms of the society as a whole. The opposite of social identity theory says that some individuals elect to behave in a manner that is contrary to societal norms. These people prefer to adopt their own style and stand apart from everyone else. This is called personal identity theory. These theories are interrelated because, even though personal identity theory identifies the individual aspects of expression, the person is still identifying as a part of a sub-group.

Young people are more likely to subscribe to varying forms of identification through music; especially those forms that my not conform to the larger society. As young people move through the adolescent years and into young adulthood, they are more likely to explore and experiment with their own identity through music than older adults, who have likely settled into one genre that they identify with. Looking at music in this way makes it easier to see how it has always been, and remains, a socializing agent; a way for young people to explore their independence as they move away from the authority of their parents.

This perspective on music can hide the influence that music has on children. The music of the past century has played an important role in the lives of young adults, yet music may be having an expanding effect on individuals who are even younger. Remember that music has always been an important part of every society. Children are socialized through songs that are shared with them at many ages. Children’s songs can be as simple as songs that teach basic information, such as ABC’s and 123’s, and they can teach social skills and acceptable behavior (think Sesame Street and Barney). Still, children have access to the same music that young adults have access to; and sometimes this music is not age-appropriate. This phenomenon has ushered in the debates about whether or not exposure to certain musical influences is having a harmful effect on the nation’s youth.

Interestingly, one study has found that females are more likely to be influenced by music than males, although both genders find expression through music satisfying. This may be because …

Constitutional Development in Sierra Leone – The Blackhall Experience

The Colony of Sierra Leone

Henry Smeathman, the botanist, recommended Sierra Leone as the most advantageous place for the establishment of a settlement.1 Established as a Crown Colony in 1808, the Sierra Leone peninsula and the areas directly to the south of it were governed by a Governor-in-Council who combined both Executive and Legislative authority. This system prevailed until 1863 when the Executive and Legislative functions were divided between an Executive Council and a Legislative Council. Though the new councils marked a step away from the earlier form of colonial autocracy, it is argued that they were not intended as a move towards self-government.2 The Colony of Sierra Leone then was inspired by the humanitarian opposition to the institution of slavery and nurtured by the British determination to end the Slave Trade. By the middle of the eighteen century, the system of slavery was not too popular with the English. On several occasions, public attention was drawn to the question as to whether a slave should become free after arriving on English soil. The philanthropist Granville Sharp struck an effective blow in 1772 when “a test case was provided in the case of a slave named James Somerset, who had been brought to England from Jamaica by his master and had subsequently run away from him”3. The principles laid by Lord Chief Justice Mansfield of the English High Court in the case Somerset v. Stewart implied that any slave setting foot in England should be deemed a freeman. He noted that “the state of slavery… is incapable of being introduced on any reasons…I cannot say this is allowed or approved by the law of England and therefore the black man must be discharged”.4 This famous Mansfield Decision stimulated the Christian philanthropy of men like Sharp and Wilberforce.

The consequence of this judgement was the liberation of hundreds of slaves living in England. During the American War of Independence (1776-1983), the British encouraged slaves in America to desert their masters to join the British army in return for freedom and land. After the War – which Britain lost- some of these slaves went to Nova Scotia (Canada) and some to London. In London, these former slaves were beset with many problems. Their freedom definitely did not mean equality with British subjects. Often destitute, most of these freed slaves wandered about the streets of England distressing the kindhearted and men of property. They posed an awkward social problem. The victor and hero of the Somerset case, Granville Sharp, maintained a growing number of these slaves collectively referred to as the Black Poor. It did not take long for Granville Sharp to realize that the problem was more than private charity would cope with. As a remedial agency, a considerable number of philanthropists formed a Committee for relieving the Black Poor in 1986 known as the Committee of the Black Poor. This Committee was chaired by Jonas Hanway. It was during this period of uncertainty that a certain individual Dr. Henry Smeathman, alias …

Know the Types of Laws Prevailing In a State

It is the laws that allow a state to function in a proper order. The legal system protects the rights of the individuals so as to ensure that they are safe and secured in every way. They are the rules that govern the character and function of any individual or group. They regulate the social and economic interactions and maintain that they are smoothly conducted. They are a source of primary mediator between the relations of the people.

It is better to know that every country has its personal legal system. They are generally divided into different branches. To name them it can be said that there is corporate law, taxation law, property law, international law, environmental health law, etc. Every type of law has some or the other importance with respect to the society. Some of the major laws that need mention are as follows:

Criminal Law

The criminal law is enforced to pass a judgment over the criminal activities. They are administered by the individual jurisdictions in every place, including the self-governing territories. It is a matter of concern for the state. In certain cases, the central government of the country and the Commonwealth might also have a say in the case.

Contract Law

The contract law is something that is enforced for the encompassing of the laws or the regulations in terms of certain promises. In most countries, these are related to the common law.

Industrial Law

The industrial law is the rules and regulations that the working people gas to abide by. It also ensures to protect their rights. They also put a restriction on the organizations and mediate the relationship between trade unions, employees and employers.

Constitutional Law

The constitutional law defines different entities within a state. These are divided into three parts or wings, namely the legislature, judiciary and the executive. They are in charge of the total processes of managing the state. With them enforced the ministers, the government bodies are directed the path to their work.

Administrative Law

If any of the subjects of the state wishes to challenge the action or a decision of the state or the country or a government official or an authority they can do so with the help of this law. It is also applicable in case the person on whom one wants to challenge is not a government official but is making use of the public power.

In all the above-mentioned circumstances the judgment is passed down by the court of law and the applicants or here the citizens have to abide by them. The court, therefore, has the final say in such cases.…