Jurisprudence

1.      Quran,

2.      Hadith

3.      Sunnah

4.      Ijma (consensus of general community/scholars as a whole)

5.      Qiyas (analogical reasoning)

6.      Ijtihad (process of decision making by independent interpretation of the primary sources and you must only be an Islamic scholar to be able to make such independent interpretation.

§    Hadith traditions are important tools for determining the Sunnah or Muslim way of life and are part of the traditional school of jurisprudence.

§    Shia Muslim don’t accept:

1.      Qiyas as a source because they believe it can lead to bid’ah meaning innovation

2.      Ijma: in the early days because when the early shia muslims were still alive they regarded their actions as representing the Sunnah

§    Compare the issue of innovation and also the English doctrine of precedent, Donoghue v Stevenson as example

§    There are 4 schools of thought: *refer to table*

§    Head of state would be the Caliph as commander of the faithful

§    Established in Damascus & Abbasid caliphs

§    Last to claim as Caliphs were the Ottoman Turks Sultan, after this empire broken down, no more recognition of caliphs

§    Unlike Christian naturalism, Sharia is the law

§    There is nearly full operation of Sharia law in Saudi Arabia,  Sudan and Iran