2. The Classification of Sharī‘a Laws
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2. The Classification of SharÄ«‘a Laws
All the issues covered by the sharÄ«‘a are traditionally classified into four main groups. The classification was put in the final form by one of the great Shi‘a mujtahids of the 7th Islamic century, al-Muhaqqiq al-Hilli (d. 676 AH). His famous work of jurisprudence, SharÄya‘u ’l-IslÄm, is still one of the main reference books for the scholars of Islamic laws. Al-Muhaqqiq al-Hilli classified the laws into the following groups:
‘IbÄdÄt — the Acts of Worship like prayers, fasting, hajj, etc.
‘UqÅ«d — Mutual Contracts like business transaction, partnership, trusts, power of attorney issues, and marriage.
IyqÄ‘Ät — Unilateral Instigations like divorce, confessions in legal matters, vows, etc.
AhkÄm — Miscellaneous: anything which does not fit in the three groups above like rules of eating and drinking, agriculture, arbitration, testimony, etc.
Here I would like to present a modern classification of sharÄ«‘a issues done by the late Sayyid Muhammad BÄqir as-Sadr. Ayatullah as-Sadr of Najaf was a rising star among the new generation of mujtahids; unfortunately the Shi‘a world was deprived of his knowledge and leadership when he was tortured and killed by Saddam's regime in 1981. Sadr also divides the sharÄ«‘a laws into four groups but his classification makes the issues more clear for the modern man unused to classical texts.
1. ‘IbÄdÄt — the Acts of Worship like prayers, fasting and hajj.
2. Financial Laws:
a. On Social Level: issues like Islamic taxes of various kinds.
b.On Individual Level:
i. the laws pertaining to the means of possessions.
ii. the laws pertaining to the utilization of one's possessions.
3. Personal Laws: issues like marriage and divorce, eating and drinking, vows and oaths, hunting and slaughtering, bidding good and forbidding evil, etc.
4. Social Laws: issues like the political system, judiciary, penal code, jihad, etc.