Process of Jurisprudence Essay

Submitted By uselesstalent
Words: 643
Pages: 3

Islamic jurisprudence is a process whereby sets of guidelines, rules and regulations, from the principles of Shariah law, are derived to sufficiently determine if a certain action or event is deemed permissible. The four sources of Shariah law are as followed; the Qur’an, Hadith/Sunna, Ijma (consensus) and Qiyas (analogical reasoning). Practices such as adultery, sexual harassment and homosexuality can be identified as halal (permissible) and haraam (forbidden) by using Islamic jurisprudence; providing Islamic individuals with an idea of what is deemed ethical, or morally right, and what is not.

Premarital sex and adultery is classified as unlawful sexual intercourse (zina) in Islamic sexual ethics. Although it is acknowledged that sexual desire is natural, submitting to it is an unacceptable submission to nafs and will not be tolerated in Islam. Marriage is the only appropriate way to engage in sexual intercourse. According to Qur’an 24:2, ‘The woman or man found guilty of sexual intercourse – lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day’, evidently describes the abhorrence of committing adultery in Islam—warning men and women alike to not perform such an act. Similarly, the Hadith describes what would become of an Muslim if he/she were to indulge in adultery or premarital sex, ‘The Prophet said, “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time’ (Bukhari Volume 002, Book 023, Hadith Number 655. Narrated by Abu Huraira). Since this ethical issue has been clarified and clearly addressed in both the Qur’an and Hadith, Islamic individuals would not have to seek further reassurance from the Ijma or Qiyas. It is evident, from Islamic jurisprudence, that premarital sex and adultery is forbidden, or haraam, in Islam.

Homosexuality is defined as a great moral jihad that needs to be overcome personally (not acted upon or announced) in Islam. The story of Lot in Qur’an 7, ‘And Lot said to his people: ‘Do you commit an indecency such as no people in all the world have ever one before you? You come to men with lust in place of women. You are a people committing excesses and wasteful (of your God-given faculties)’, explains that Islamic men should honour the creation of women instead of men. This would imply that whilst homosexuality isn’t forbidden, as such, it is most definitely frowned upon. The Hadith, ‘Kill the one that is doing it and also kill the one that is being done to’ (Tirmidhi), directly describes the punishment an Islamic…