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Sharia (Arabic: 'شريعة Šarīʿah; ) is the body of Islamic religious law. The term means "way" or "path to the water source". It is the legal framework within which the public and private aspects of life are regulated for those living in a legal system based on Islamic principles of jurisprudence and for Muslims living outside the domain. Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business, contracts, family, sexuality, hygiene, and social issues.

Islamic law is now the most widely used religious law, and one of the three most common legal systems of the world alongside common law and civil law. During the Islamic Golden Age, classical Islamic law may have influenced the development of common law, and also influenced the development of several civil law institutions.

Etymology

The term sharia itself derives from the verb "shara'a" (Arabic: شرع‎), which according to Abdul Mannan Omar's "Dictionary of the Holy Qur'an" connects to the idea of "system of divine law; way of belief and practice".

The definition of Shari’a could be traced from the verbal Arabic noun “Shari’a” that appears in the Qur’an only once at 45:18. Moreover, its derivative form appears three times at 42:13, 42:21, and 5:51 verses. According to the modern definition, Shari’a is the comprehensive body of Islamic laws that should regulate the public and private aspects of the lives of the Muslims. Shari’a is not a single code of laws; rather, it consists of four sources that legal experts refer to. The first two sources are the Qur’an and the Sunna, and the other two complementary sources are consensus (ijma) and analogy (qiyas). Moreover, some schools of thought accept other additional sources as secondary sources where the first four primary sources allow.

Legal scholar L. Ali Khan claims that "the concept of sharia has been thoroughly confused in legal and common literature. For some Muslims, sharia consists of the Qur'an and Sunnah. For others, it also includes classical fiqh. Most encyclopedias define sharia as law based upon the Qur'an, the Sunnah, and classical fiqh derived from consensus (ijma) and analogy (qiyas). This definition of sharia lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as are the Qur'an and the Sunnah. The Qur'an and the Sunnah constitute the immutable Basic Code, which should be kept separate from ever-evolving interpretive law (fiqh). This analytical separation between the Basic Code and fiqh is necessary to" dissipate confusion around the term Sharia.

Definitions and descriptions

Sharia has been defined as

  • "Muslim or Islamic law, both civil and criminal justice as well as regulating individual conduct both personal and moral. The custom-based body of law based on the Koran and the religion of Islam. Because, by definition, Muslim states are theocracies, religious texts are law, the latter distinguished by Islam and Muslims in their application, as Sharia or Sharia law."
  • "a discussion on the duties of Muslims," —Hamilton Alexander Rosskeen Gibb
  • "a long, diverse, complicated intellectual tradition," rather than a "well-defined set of specific rules and regulations that can be easily applied to life situations," —Hunt Janin and Andre Kahlmeyer
  • "a shared opinion of the community, based on a literature that is extensive, but not necessarily coherent or authorized by any single body," —Knut S. Vikor

Mainstream Islam distinguishes between fiqh (deep understanding, discernment), which refers to the inferences drawn by scholars, and sharia, which refers to the principles that lie behind the fiqh. Scholars hope that fiqh (jurisprudence) and sharia (law) are in harmony in any given case, but they cannot be sure.

The primary sources of Islamic law are the Qur'an and Sunnah. Sharia has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations. It also has certain laws which derived from principles established over time by Islamic lawyers.

Traditional Sunni Muslims also add the consensus (ijma) of Muhammad's companions (sahaba) and Islamic jurists (ulema) on certain issues, and drawing analogy from the essence of divine principles and preceding rulings (qiyas). In situations where no concrete rules exist under the sources, law scholars use qiyas — various forms of reasoning, including by analogy. The consensus of the community or people, public interest, and others are also accepted as secondary sources where the first four primary sources allow.

Shi'a Muslims reject this approach. They strongly reject analogy (qiyas) as an easy way to innovations (bid'ah), and also reject consensus (ijma) as having any particular value in its own. During the period that the Sunni scholars developed those two tools, the Shi'a Imams were alive, and Shi'a view them as an extension of the Sunnah, so they view themselves as only deriving their laws (fiqh) from the Qur'an and Sunnah. A recurring theme in Shi'a jurisprudence is logic (mantiq), something most Shi'a believe they mention, employ and value to a higher degree than most Sunnis do. They do not view logic as a third source for laws, rather a way to see if the derived work is compatible with the Qur'an and Sunnah.

In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Qur'an, anecdotes of Muhammad's practices and those of The Twelve Imams, and the intellect ('aql). The practices called Sharia today, however, also have roots in local customs (urf).

Classic Islamic law

The formative period of fiqh stretches back to the time of the early Muslim communities. In this period, jurists were more concerned with pragmatic issues of authority and teaching than with theory. Progress in theory happened with the coming of the early Muslim jurist Muhammad ibn Idris ash-Shafi`i (767-820), who laid down the basic principles of Islamic jurisprudence in his book Al-Risala. The book details the four roots of law (Qur'an, Sunnah, ijma, and qiyas) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from careful study of the Arabic language.

A number of important legal concepts and institutions were developed by Islamic jurists during the classical period of Islam, known as the Islamic Golden Age, dated from the 7th to 13th centuries.

Origins

According to Muslims, Sharia Law is founded on the teachings of Allah and the acts and sayings of Muhammad as found in the Qur'an and the Sunnah. However, sharia was not fully developed at the time of Muhammad's death, but rather it evolved around the Muslim community or Ummah through which it would serve.

When sharia began its formation in the deserts of Arabia about 1,400 years ago, the time Islam was born, a sense of community did not exist. Life in the desert was nomadic and tribal, thus the only factor that tied people together into various tribes was through common ancestry. However, the nature of Islam challenged that ideology and brought all those who professed their submission to Islam into the Ummah. Additionally, Islam was not just a religion but a way of life. Laws had to be instilled so the doctrines of sharia took root. All who are Muslim are judged by sharia – regardless of the location or the culture.

Sharia was guided through its development by lifestyles of the tribes in which was initially absorbed into Islam. Thus, through the understandings of the tribe, Islamic law would be a law of the community – for the community by the community – even if initially proposed by an individual "for they could not form part of the tribal law unless and until they were generally accepted as such." Additionally, Noel James Coulson, Lecturer in Islamic law of the University of London, states that "to the tribe as a whole belonged the power to determine the standards by which its members should live. But here the tribe is conceived not merely as the group of its present representatives but as a historical entity embracing past, present, and future generations." So, while "each and every law must be rooted in either the Qur'an or the Sunnah," without contradiction, tribal life brought about a sense of participation. Such participation is further reinforced by Muhammad who stated, "My community will never agree in error".

After the death of Muhammad, sharia continued to undergo fundamental changes, beginning with the reigns of caliphs Abu Bakr (632–34) and Umar (634–44) in which many decision making matters were brought to the attention of Muhammad's closest comrades for consultation. In AD 662, during the reign of Muawiya b. Abu Sufyan ibn Harb, life ceased to be nomadic and undertook an urban transformation which in turn created matters not originally covered by Islamic law. Every change of Islamic society has played an active role in developing sharia which branches out into Fiqh and Qanun respectively.

Before the 19th century, legal theory was considered the domain of the traditional legal schools of thought. The legal schools followed by most Sunni Muslims were Hana

Posted at 7am on 29/09/09 | Filed Under: read on

3 archery d

Archery is the art, practice, or skill of propelling arrows with the use of a bow. Archery has historically been used for hunting and combat; in modern times, however, its main use is that of a recreational activity. One who practices archery is typically known as an "archer" or "bowman," and one who is fond of or an expert at archery can be referred to as a "toxophilite."

History

Main article: History of archery

The bow seems to have been invented in the late Paleolithic or early Mesolithic periods. The oldest indication for its use in Europe comes from the Stellmoor in the Ahrensburg valley north of Hamburg, Germany and date from the late Paleolithic, about 10,000–9,000 BC. The arrows were made of pine and consisted of a mainshaft and a 15–20 centimetre (6–8 inches) long foreshaft with a flint point. There are no definite earlier bows; previous pointed shafts are known, but may have been launched by atlatls rather than bows. The oldest bows known so far come from the Holmegård swamp in Denmark. Bows eventually replaced the atlatl as the predominant means for launching shafted projectiles, on every continent except Australia (though the atlatl persisted alongside the bow in parts of the Americas, notably Mexico (from which its Nahuatl name comes) and amongst the Inuit).

Bows and arrows have been present in Egyptian culture since its predynastic origins. In the Levant, artifacts which may be arrow-shaft straighteners are known from the Natufian culture, (ca. 12,800–10,300 BP (before present)) onwards. The Khiamian and PPN A shouldered Khiam-points may well be arrowheads.

Classical civilizations, notably the Assyrians, Hungarians, Persians, Parthians, Indians, Koreans, Chinese, and Japanese fielded large numbers of archers in their armies. The Sanskrit term for archery, dhanurveda, came to refer to martial arts in general.

Archery was highly developed in Asia and in the Islamic world. In East Asia the ancient Korean civilizations were well-known for their archery skills. Central Asian and American Plains tribesmen were extremely adept at archery on horseback.

Decline, last uses, and survival of archery

The development of firearms rendered bows obsolete in warfare. Despite the high social status, ongoing utility, and widespread pleasure of archery in England, Korea, China, Japan, Turkey, Armenia, America, Egypt, and elsewhere, almost every culture that gained access to even early firearms used them widely, to the relative neglect of archery. Early firearms were vastly inferior in rate-of-fire, and were very susceptible to wet weather. However, they had longer effective range and were tactically superior in the common situation of soldiers shooting at each other from behind obstructions. They also required significantly less training to use properly, in particular penetrating steel armour without any need to develop special musculature. Armies equipped with guns could thus provide superior firepower by sheer weight of numbers, and highly-trained archers became almost obsolete on the battlefield. However, archers are still effective and have seen action even in the 21st century. Traditional archery remains in use for sport, and for hunting in many areas.

Modern primitive archery

In the United States, competition archery and bowhunting for many years used English-style longbows. The revival of modern primitive archery may be traced to Ishi, who came out of hiding in California in 1911. Ishi was the last of the Yahi Indian tribe. His doctor, Saxton Pope, learned many of Ishi's archery skills, and passed them on. The Pope and Young Club, founded in 1961 and named in honor of Pope, is one of North America's leading bowhunting and conservation organizations. Founded as a nonprofit scientific organization, the Club is patterned after the prestigious Boone and Crockett Club. The Club advocates and encourages responsible bowhunting by promoting quality, fair chase hunting, and sound conservation practices.

From the 1920s, professional engineers took an interest in archery, previously the exclusive field of traditional craft experts. They led the commercial development of new forms of bow including the modern recurve and compound bow. These modern forms are now dominant in modern Western archery; traditional bows are in a minority. In the 1980s, the skills of traditional archery were revived by American enthusiasts, and combined with the new scientific understanding. Much of this expertise is available in the Traditional Bowyer's Bibles (see Additional reading).

Mythology

Archers are deities or heroes in several mythologies, including Greek Artemis and Apollo, Roman Diana and Cupid, Germanic Agilaz, continued in legends like those of William Tell, Palnetoke, or Robin Hood. Armenian Hayk and Babylonian Marduk, Indian Arjuna and Rama, and Persian Arash were all archers. Earlier Greek representations of Heracles normally depict him as an archer. In East Asia, Yi the archer features in several early Chinese myths, and the historical character of Zhou Tong features in many fictional forms. Jumong, the first Taewang of the Goguryeo kingdom of the Three Kingdoms of Korea, is claimed by legend to have been a near-godlike archer.

Equipment

Types of bows

Main article: Bow (weapon)

While there is great variety in the construction details of bows (both historic and modern) all bows consist of a string attached to elastic limbs that store mechanical energy imparted by the user drawing the string. Bows may be broadly split into two categories: those drawn by pulling the string directly and those that use a mechanism to pull the string.

Directly drawn bows may be further divided based upon differences in the method of limb construction, notable examples being self bows, laminated bows and composite bows. Bows can also be classified by the bow shape of the limbs when unstrung; in contrast to simple straight bows, a recurve bow has tips that curve away from the archer when the bow is unstrung. The cross-section of the limb also varies; the classic longbow is a tall bow with narrow limbs that are D-shaped in cross section, and the flatbow has flat wide limbs that are approximately rectangular in cross-section. Cable-backed bows use cords as the back of the bow; the draw weight of the bow can be adjusted by changing the tension of the cable. They were widespread among Inuit who lacked easy access to good bow wood. One variety of cable-backed bow is the Penobscot bow or Wabenaki bow, invented by Frank Loring (Chief Big Thunder) about 1900. It consists of a small bow attached by cables on the back of a larger main bow.

A compound bow is a bow designed to reduce the force required to hold the string at full draw, allowing the archer more time to aim. Most compound designs use cams or elliptical wheels on the ends of the limbs to achieve this. A typical let-off is anywhere from 65%–75% – for example, a 60-pound bow with 75% let-off will only require 15–20 pounds of force to hold at full draw. Up to 99% let-off is possible.

Mechanically drawn bows typically have a stock or other mounting, such as the crossbow. They are not limited by the strength of a single archer, and larger varieties have been used as siege engines.

Types of arrows and fletchings

Main article: Arrow

The most common form of arrow consists of a shaft with an arrowhead attached to the front end and with fletchings and a nock attached to the other end. Shafts are typically composed of solid wood, fiberglass, aluminum alloy, carbon fiber, or composite materials. Wooden arrows are prone to warping. Fiberglass arrows are brittle, but can be produced to uniform specifications easily. Aluminum shafts were a very popular high-performance choice in the later half of the 20th century due to their straightness, lighter weight, and subsequently higher speed and flatter trajectories. Carbon fiber arrows became popular in the 1990s and are very light, flying even faster and flatter than aluminum arrows. Today, arrows made up of composite materials are the most popular tournament arrows at Olympic Events, especially the Easton X10 and A/C/E.

The arrowhead is the primary functional component of the arrow. Some arrows may simply use a sharpened tip of the solid shaft, but it is far more common for separate arrowheads to be made, usually from metal, stone, or other hard materials. The most commonly used forms are target points, field points, and broadheads, although there are also other types, such as bodkin, judo, and blunt heads.

Fletching is traditionally made from bird feathers, but also solid plastic vanes and thin sheetlike spin vanes are used. They are attached near the nock (rear) end of the arrow with thin double sided tape, glue, or, traditionally, sinew. Three fletches is the most common configuration in all cultu

Posted at 8pm on 28/09/09 | Filed Under: read on

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