Islam Module 6

in unit five (NOTE: should be unit 6) this week we're going to look at Islamic law or Sharia, as well as some practices of the Islamic Sufi mystical sect of the faith. I thought I would talk a little bit about the courts of law in Islam. The application of Islamic law was the task of the Sharia Courts and their judges who were called qadis, The judiciary was not independent because judges were paid and they served at the pleasure of the Caliph. Originally, judges had been interpreters and makers of law, but their role would come to be restricted to the application of existing law. Sharia judges were not to interpret or add to the law; thus, Islamic law does not recognize a case law system of legally binding precedents. This reflected the belief that jurists, not judges, would interpret the law. Judges were organized under a chief judge appointed by the Caliph. They were assisted in their work by experts or legal consultants called muftis. Among the notable judicial procedures were 3 that I'm going to mention. One, rules of evidence that required the use of an oath sworn before God in the absence of two to adult male Muslim witnesses to the crime. Secondly, the exclusion of circumstantial evidence; and third, the absence of cross-examination of witnesses. Legal decisions are final - no appeals! The ulama were the backbone of the legal system. While these scholars were experts in a number of fields. Many specialized in law. A specialist in law, or jurist, was called a faqih. They dominated the Sharia system serving as lawyers, teachers, judges, and muftis. The sharia system limited the powers of strong and often autocratic leaders. The Caliph's desire to exercise absolute power, though, clashed with the belief that God was the only lawmaker. An Islamic rationale was then created to circumvent the problem. Citing the Caliph's obligation to uphold and ensure governance according to the Sharia, the Umayyads asserted broad discretionary legislative and judicial powers. They issued administrative ordinances and created grievance courts, ostensibly to enhance the proper administration and implementation of the Sharia into the society. Carefully avoiding the term "the law," government regulations were called ordinances. The only requirement was that they not be contrary to the Sharia. In terms of Sufism, during the Umayyad era, many Muslims became disaffected, such as the Kharijites and the Alids. There were critics that contrasted and idealized Medinan Islamic community with the realities of the Umayyad way of life which they thought had been corrupted. This gave rise to two Islamic movements or institutions, the ulama and the Sufi mystics, For a growing number of pious Muslims, excess of the Empire contributed to the development of mysticism, as well is to law that was interpreted by the ulama, luxury, the pursuit of conquest and wealth, the transformation of the Caliphate into a dynastic monarchy with the trappings of imperial court life, and and the moral character of some Umayyad caliphs, and the relative simplicity of life in Medina.