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Ulema



 
 
Ulema (, , singular: , , "scholar") refers to the educated class of Muslim
Muslim

:A Muslim , , is an adherent of the religion of Islam. The feminine form is Muslimah . Literally, the word means "one who submits "....
 legal scholars engaged in the several fields of Islamic studies
Islamic studies

Islamic studies is an ambiguous term. In a Muslim context, "Islamic studies" can be an umbrella term for all virtually all of academia, both originally researched and as defined by the Islamization of knowledge....
. They are best known as the arbiters of shari‘a
Sharia

Sharia 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 Fiqh and for Muslims living outside the domain....
 law. While the ulema are well versed in legal jurisprudence
Fiqh

Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law?based directly on the Quran and Sunnah?that complements Shariah with evolving Fatwa/interpretations of Ulema....
 being Islamic lawyers, some of them also go on to specialize in other sciences, such as philosophy
Islamic philosophy

Islamic philosophy is a branch of Islamic studies, and is a longstanding attempt to create harmony between philosophy and the religious teachings of Islam ....
, dialectical theology
Kalam

Kalam is the Islamic philosophy of seeking Islamic theology principles through dialectic. In Arabic language the word literally means "speech"....
 or Quranic hermeneutics
Tafsir

Tafsir is the Arabic word for exegesis or commentary, usually of the Qur'an. It does not include esoteric or mystical interpretations, which are covered by the related word Ta'wil....
 or explanation. The fields studied, and the importance given them, will vary from tradition to tradition, or even from seminary to seminary

In a broader sense, the term ulema is used to describe the body of Muslim clergy who have completed several years of training and study of Islamic sciences, such as a mufti
Mufti

A mufti is an Islamic scholar who is an interpreter or expounder of Islamic law . A muftiat or diyanet is a council of muftis....
, qadi
Qadi

Qadi is a judge ruling in accordance with the sharia, Islamic religious law. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims....
, faqih
Faqih

A Faqih is an expert in fiqh, or, Islamic jurisprudence.A faqih is an expert in Islamic Law, and as such the word Faqih can literally be generally translated as Jurist....
, or muhaddith
Muhaddith

Muhaddith is an Islamic title, referring to one who profoundly knows and narrates hadiths, the chains of their narration , and the original and famous narrators....
.






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Ulema (, , singular: , , "scholar") refers to the educated class of Muslim
Muslim

:A Muslim , , is an adherent of the religion of Islam. The feminine form is Muslimah . Literally, the word means "one who submits "....
 legal scholars engaged in the several fields of Islamic studies
Islamic studies

Islamic studies is an ambiguous term. In a Muslim context, "Islamic studies" can be an umbrella term for all virtually all of academia, both originally researched and as defined by the Islamization of knowledge....
. They are best known as the arbiters of shari‘a
Sharia

Sharia 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 Fiqh and for Muslims living outside the domain....
 law. While the ulema are well versed in legal jurisprudence
Fiqh

Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law?based directly on the Quran and Sunnah?that complements Shariah with evolving Fatwa/interpretations of Ulema....
 being Islamic lawyers, some of them also go on to specialize in other sciences, such as philosophy
Islamic philosophy

Islamic philosophy is a branch of Islamic studies, and is a longstanding attempt to create harmony between philosophy and the religious teachings of Islam ....
, dialectical theology
Kalam

Kalam is the Islamic philosophy of seeking Islamic theology principles through dialectic. In Arabic language the word literally means "speech"....
 or Quranic hermeneutics
Tafsir

Tafsir is the Arabic word for exegesis or commentary, usually of the Qur'an. It does not include esoteric or mystical interpretations, which are covered by the related word Ta'wil....
 or explanation. The fields studied, and the importance given them, will vary from tradition to tradition, or even from seminary to seminary

In a broader sense, the term ulema is used to describe the body of Muslim clergy who have completed several years of training and study of Islamic sciences, such as a mufti
Mufti

A mufti is an Islamic scholar who is an interpreter or expounder of Islamic law . A muftiat or diyanet is a council of muftis....
, qadi
Qadi

Qadi is a judge ruling in accordance with the sharia, Islamic religious law. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims....
, faqih
Faqih

A Faqih is an expert in fiqh, or, Islamic jurisprudence.A faqih is an expert in Islamic Law, and as such the word Faqih can literally be generally translated as Jurist....
, or muhaddith
Muhaddith

Muhaddith is an Islamic title, referring to one who profoundly knows and narrates hadiths, the chains of their narration , and the original and famous narrators....
. Some Muslims include under this term the village mullah
Mullah

Mullah is a Muslim man, educated in Islamic theology and sacred law. The title, given to some Islamic clergy, is derived from the Arabic word mawla, meaning both 'vicar' and 'guardian.'...
s, imam
Imam

File:Medaillon chiite.jpgAn imam is an Islamic leadership position. Often the leader of a mosque and the community. Similar to spiritual leaders, the imam is the one who leads the prayer during Islamic gatherings....
s, and maulvi
Maulvi

Mawlawi is an honorific Islamic religious title often, but not exclusively, given to Sunni Muslim religious scholars or Ulema preceding their names, similar to the titles Maulana, Mullah or Shaykh....
s—who have attained only the lowest rungs on the ladder of Islamic scholarship; other Muslims would say that clerics must meet higher standards to be considered ulema.

Role


Teaching


Om Metwally is in the Islamic clergy teach at Islamic religious schools and Islamic seminaries in Muslim and non-Muslim countries throughout the world. Ulema teach at Islamic religious schools called Medereses where they teach students about the science of Islam and other areas of study. It is believed in Islam that a well-rounded education is something every Muslim must acquire in order to understand God’s religion in its entirety. Ulema also hold seminars where they give lecture and speeches about the area of Islam in which they specialize.

Executive capacity

In contemporary times, the ulema are most powerful in the Shi'a
Shi'a Islam

Shia Islam , is the second largest denomination of Islam, after Sunni Islam.Similiar to other branches of Islam, Shi'a Islam is based on the teachings of Islamic holy book, the Qur'an and message of the final prophet of Islam, Muhammad....
 tradition of Islam
Islam

Islam is a Monotheism, Abrahamic religion originating with the teachings of the Prophets of Islam Muhammad, a 7th century Arab religious and political figure....
. Following the 1979 revolution in Iran, factions of the Iran
Iran

Iran , officially the Islamic Republic of Iran and formerly known internationally as Persian Empire until 1935, is a country in Central Eurasia, located on the northeastern shore of the Persian Gulf and the southern shore of the Caspian Sea....
ian Shia clergy, under the leadership of Khomeini, took control of the country. This was justified by Khomeini's doctrine of "Guardianship of the Jurists" (Wilayat-i Faqih).

Afghanistan
Afghanistan

Afghanistan , officially the Islamic republic of Afghanistan, is a landlocked country that is located approximately in the center of Asia....
's Taliban regime was also headed by a mullah
Mullah

Mullah is a Muslim man, educated in Islamic theology and sacred law. The title, given to some Islamic clergy, is derived from the Arabic word mawla, meaning both 'vicar' and 'guardian.'...
, Mullah Omar
Mohammed Omar

Mullah Mohammed Omar often simply called Mullah Omar, is the reclusive leader of the Taliban of Afghanistan and was Afghanistan's de facto head of state from 1996 to 2001, under the official title of Head of the Supreme Council....
. However, in most countries, they are merely local power figures.

Military commanders
Ulemas not only have influence over social and religious spheres but they are also deeply involved in politics and have power over courses of action in such fields. In the Islamic State of Afghanistan
Islamic State of Afghanistan

The Islamic State of Afghanistan was the name given to the nation of Afghanistan during the rule of the United Islamic Front for the Salvation of Afghanistan government. After 2001, the country was renamed Islamic Republic of Afghanistan....
 and the Islamic Republic of Iran, mullahs have directly coordinated military operations. This is in keeping with Islamic traditions, as Muhammad and his successors were military commanders themselves.

Role in judicature

In certain Muslim countries, like Saudi Arabia and United Arab Emirates, where there are sharia courts, Islamic clergy become judge
Judge

A judge, or arbiter of justice, is a lead official who presides over a court of law,which is operated by the local, state, and/or federal government....
s. Therefore, a main job of ulema is the interpretation and maintenance of Islamic law
Sharia

Sharia 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 Fiqh and for Muslims living outside the domain....
 in such countries.

Advisory role

In some countries like Saudi Arabia, Islamic clergy fulfills the role of a counsel
Counsel

A counsel or a counsellor gives advice, more particularly in law matters.The legal system in England uses the term counsel as an approximate synonym for a Barristers in England and Wales ', and may apply it to mean either a single person who pleadings a cause, or collectively, the body of barristers engaged in a Legal case....
 for the king. There are also jobs for them in various governmental institutions.

Preaching

There are various jobs available for the Islamic clergy at mosques, such as leading public prayers, preaching, and delivering sermons, especially at Friday prayers.

Some Ulema have made Dawah
Dawah

Da?wah usually denotes preaching of Islam. Da?wah means literally "issuing a summons" or "making an invitation", being the active participle of a verb meaning variously "to summon, to invite" ....
 a lifelong activity, as have the Tablighi Jamaat
Tablighi Jamaat

Tablighi Jamaat , is a Muslim missionary and revival movement.Tabligi Jama'at follows Deobandi interpretation of islam.Their activities are not limited to the Deobandi community....
 group; here is a list of famous Da'i.

Madhhab

The ulema usually work within a tradition (madhhab) that starts with one of five classic jurists. A Sunni Muslim jurist usually belongs to one of the four main schools:

  • Shafi'i (most common in Indonesia
    Indonesia

    The Republic of Indonesia , is a transcontinental country in Southeast Asia and Oceania. Comprising Islands of Indonesia, it is the world's largest Archipelago state....
    , Malaysia
    Malaysia

    Malaysia is a federation that consists of States of Malaysia in Southeast Asia with a total landmass of . The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government....
    , Jordan
    Jordan

    Jordan , officially the Hashemite Kingdom of Jordan, is an Arab country in Southwest Asia spanning the southern part of the Syrian Desert down to the Gulf of Aqaba....
    , and Palestine
    Palestine

    Palestine is a name which has been widely used since Roman times to refer to the region between the Mediterranean Sea and the Jordan River. It is derived from a name used already much earlier for a narrower geographical region, mainly along the coastal region....
    )
  • Hanafi
    Hanafi

    The Hanafi school is the oldest of the four schools of law or jurisprudence within Sunni Islam. The Hanafi madhhab is named after its founder, Abu Hanifa an-Nu?man ibn Thabit , and his legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani....
     (Turkey
    Turkey

    Turkey , known officially as the Republic of Turkey , is a Eurasian country that stretches across the Anatolian peninsula in southwest Asia and Thrace in the Balkans region of Southern Europe....
    , the Balkans, Central Asia
    Central Asia

    Central Asia is a region of Asia from the Caspian Sea in the west to central China in the east, and from southern Russia in the north to northern India in the south....
    , Indian subcontinent
    Indian subcontinent

    The Indian subcontinent is a large section of the Asian continent consisting of the land lying substantially on the Indian Plate. The subcontinent includes parts of various countries in South Asia, including those on the continental crust , an Island#Continental islands country on the continental shelf , and an Island#Oceanic islands countr...
    , Egypt
    Egypt

    Egypt is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Western Asia. Covering an area of about , Egypt borders the Mediterranean Sea to the north, the Gaza Strip and Israel to the northeast, the Red Sea to the east, Sudan to the south and Libya to the west....
    , China
    China

    China is a Culture of China, an ancient civilization, and, depending on perspective, a national or multinational entity extending over a large area in East Asia....
    )
  • Maliki
    Maliki

    The Maliki madhhab is one of the four madhab of Fiqh or religious law within Sunni Islam. It is the third-largest of the four schools, followed by approximately 15% of Muslims, mostly in North Africa and West Africa....
     (North Africa
    North Africa

    North Africa or Northern Africa is the northernmost region of the African continent, separated by the Sahara from Sub-Saharan Africa.Geopolitically, the United Nations subregion of Northern Africa includes the following seven countries or territories:...
    , West Africa
    West Africa

    West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the United Nations subregion of Western Africa includes the following 16 countries distributed over an area of approximately 5 million square km:...
    , and several of the Persian Gulf
    Persian Gulf

    The Persian Gulf, in the Southwest Asian region, is an extension of the Indian Ocean located between Iran and the Arabian Peninsula. Historically and commonly known as the Persian Gulf, this body of water is sometimes Persian Gulf naming dispute referred to as the Arabian Gulf by certain Arab countries or simply The Gulf, although nei...
     states)
  • Hanbali
    Hanbali

    Hanbali is one of the four schools of Fiqh or Shariah within Sunni Islam . It is also claimed to be a school of aqeedah in Sunni Islam according to the Wahabi and Salafi sects but Sunni scholars reject this position....
     (Arabia)


The Ja'fari school (Iran
Iran

Iran , officially the Islamic Republic of Iran and formerly known internationally as Persian Empire until 1935, is a country in Central Eurasia, located on the northeastern shore of the Persian Gulf and the southern shore of the Caspian Sea....
, Iraq
Iraq

Iraq , officially the Republic of Iraq , is a country in Western Asia spanning most of the northwestern end of the Zagros Mountains, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, Bahrain
Bahrain

The Kingdom of Bahrain, in , , literally Kingdom of the Two Seas).Bahrain is an Arabic island country in the Persian Gulf ruled by the Al Khalifa regime....
, and parts of Pakistan
Pakistan

Pakistan , officially the Islamic Republic of Pakistan, is a country located in South Asia and borders Central Asia and the Middle East. It has a 1,046 kilometre coastline along the Arabian Sea and Gulf of Oman in the south, and is bordered by Afghanistan and Iran in the west, India in the east and People's Republic of China in th...
 and Afghanistan
Afghanistan

Afghanistan , officially the Islamic republic of Afghanistan, is a landlocked country that is located approximately in the center of Asia....
) is usually associated with the Muslims of Shi'ii
Shi'a Islam

Shia Islam , is the second largest denomination of Islam, after Sunni Islam.Similiar to other branches of Islam, Shi'a Islam is based on the teachings of Islamic holy book, the Qur'an and message of the final prophet of Islam, Muhammad....
 persuasion.

Some ulema are not associated with any school, for various reasons. These include believing that schools are too conservative and that the idea of ijtihad
Ijtihad

Ijtihad is a technical term of Sharia that describes the process of making a legal decision by independent interpretation of the legal sources, the Qur'an and the Sunnah....
, the right to personal opinion, means that understanding of the Qur'an
Qur'an

The Qur?an is the central religious text of Islam. Muslims believe the Qur?an to be the book of divine guidance and direction for mankind, and consider the original Arabic text to be the final revelation of God....
 can change with the times.

History

Constantinople(1878) Ulema
The formative period of Islamic jurisprudence
Fiqh

Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law?based directly on the Quran and Sunnah?that complements Shariah with evolving Fatwa/interpretations of Ulema....
 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
Muhammad ibn Idris ash-Shafi`i

Al-Shafi'i, Arabic jurist . He was active in juridical matters and his teaching eventually led to the Shafi'i school of fiqh named after him....
 (767-820), who codified the basic principles of Islamic jurisprudence in his book ar-Risalah. The book details the four roots of law (Qur'an, Sunnah
Sunnah

Sunnah literally means ?trodden path,? and therefore, the sunnah of the prophet means ?the way and the manners of the prophet?. The word ?Sunnah? in Sunni Islam means those religious achievements and manners that were instituted by the Islamic prophet Muhammad during the 23 years of his ministry, which Muslims initially obtained through cons...
, ijma
Ijma

Ijma is an Arabic language term referring ideally to the consensus of the ummah .The hadith of Muhammad which states that "My community will never agree upon an error" is often cited as support for the validity of ijma....
, and qiyas
Qiyas

In Sunni Fiqh,the qiyas is the process of Analogy in which the teachings of the Quran are compared and contrasted with those of the Hadith, ie....
) while specifying that the primary Islamic texts (the Qur'an and the hadith) be understood according to objective rules of interpretation derived from scientific study of the Arabic language.

A number of important legal institution
Institution

Institutions are social structure and social mechanism of social order and cooperation governing the behavior of a set of individuals. Institutions are identified with a social purpose and permanence, transcending individual human lives and intentions, and with the making and enforcing of rules governing cooperative human behavior....
s were developed by Muslim jurists during the classical period of Islam, known as the Islamic Golden Age
Islamic Golden Age

The Islamic Golden Age, also sometimes known as the Islamic Renaissance, was traditionally dated from the 700 A.D. to 1200 A.D.Common Era, but has been extended to the 15th and 16th centuries by some scholars....
. One such institution was the Hawala
Hawala

Hawala is an informal value transfer system based on performance and honor of a huge network of money brokers which are primarily located in the Middle East, Africa and Asia....
, an early informal value transfer system
Informal value transfer system

An informal value transfer system refers to any system, mechanism, or network of people that receives money for the purpose of making the funds or an equivalent value payable to a third party in another geographic location, whether or not in the same form....
, which is mentioned in texts of Islamic jurisprudence as early as the 8th century. Hawala itself later influenced the development of the agency
Agency (law)

Agency is an area of commercial law dealing with a contractual or quasi-contractual tripartite, or non-contractual set of relationships when an Agent is authorized to act on behalf of another to create a legal relationship with a Third Party....
 in common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 and in civil laws
Civil law (legal system)

Civil law is a most prevalent legal system in the modern world and the oldest in human history. It is based on a code, or "a systematic collection of interrelated articles written in a terse, staccato style." The two other major legal systems in the world are common law and Islamic law....
 such as the aval
Aval

Aval or endorsement is a shared-in-common commitment of payment of an obligation in favor of the Credit or beneficiary, granted by a third party in case the first party does not fulfill the obligation of payment of a Credit history....
 in French law
Law of France

In academic terms, French law can be divided into two main categories: private law and public law .Judicial law includes, in particular:*civil law ; and...
 and the avallo in Italian
Italy

Italy , officially the Italian Republic , is a country located on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia....
 law. The earliest known lawsuit
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
s were described in the Ethics of the Physician by Ishaq bin Ali al-Rahwi (854–931) of al-Raha, Syria
Syria

Syria , officially the Syrian Arab Republic , is an Arab-majority country in Southwest Asia, bordering Lebanon and the Mediterranean Sea to the west, Israel to the southwest, Jordan to the south, Iraq to the east, and Turkey to the north....
, who describes it as part of an early medical peer review
Medical peer review

Medical peer review is the process by which a committee of physicians examines the work of a peer and determines whether the physician under review has met accepted standards of care in rendering medical services....
 process, where the notes of a practicing Islamic physician
Islamic medicine

In the history of medicine, Islamic medicine or Arabic medicine refers to medicine developed in the Islamic Golden Age and written in Arabic language, the lingua franca of the Islamic civilization....
 were reviewed by peers and he/she could face a lawsuit from a maltreated patient if the reviews were negative. The Waqf
Waqf

A waqf is an inalienable religious endowment in Islam, typically denoting a building or plot of land for Muslim religious or Charitable trust. It is conceptually similar to the common law trust law....
 in Islamic law
Sharia

Sharia 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 Fiqh and for Muslims living outside the domain....
, which developed during the 7th-9th centuries, bears a notable resemblance to the trusts
Charitable trust

A charitable trust is a Trust established for Charity purposes, and is a more specific term than "charitable organization"....
 in the English trust law
Trust law

In common law legal systems, a trust is an arrangement whereby property is managed by one person for the benefit of another. A trust is created by a settlor, who entrusts some or all of his or her property to people of his choice ....
. For example, every Waqf was required to have a waqif (founder), mutawillis (trustee), qadi
Qadi

Qadi is a judge ruling in accordance with the sharia, Islamic religious law. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims....
 (judge) and beneficiaries. The trust law developed in England
England

native_name =|conventional_long_name = England|common_name = England|image_flag = Flag of England.svg|image_coat = England COA.svg|symbol_type = Royal Coat of Arms...
 at the time of the Crusades
Crusades

The Crusades were a series of religious war waged by much of Christian Europe against external and internal opponents. Crusades were fought mainly against Muslims, though campaigns were also directed against Paganism Slavic peoples, Jews, Eastern Orthodox Church, Mongols, Catharism, Hussites, Waldensians, Old Prussians, and political enemi...
, during the 12th and 13th centuries, was introduced by Crusaders who may have been influenced by the Waqf institutions they came across in the Middle East
Middle East

File:GreaterMiddleEast1.pngThe Middle East is a region that spans southwestern Asia, western Asia, and northeastern Africa. It has no clear boundaries, often used as a synonym to Near East, in opposition to Far East....
.

Several other fundamental common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 institutions may have been adapted from similar legal institutions in Islamic law
Sharia

Sharia 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 Fiqh and for Muslims living outside the domain....
 and jurisprudence, and introduced to England by the Normans
Normans

The Normans were the people who gave their names to Normandy, a region in northern France. They descended from Viking conquerors of the territory and the native population of mostly Frankish and Gallo-Roman stock....
 after the Norman conquest of England
Norman conquest of England

The Norman conquest of England began in 1066 AD with the invasion of the Kingdom of England by the troops of William I of England, Duke of Normandy , and his victory at the Battle of Hastings....
 and the Emirate of Sicily
Emirate of Sicily

The Emirate of Sicily was an Caliphate on the island of Sicily from 965 to 1072....
, and by Crusaders during the Crusades
Crusades

The Crusades were a series of religious war waged by much of Christian Europe against external and internal opponents. Crusades were fought mainly against Muslims, though campaigns were also directed against Paganism Slavic peoples, Jews, Eastern Orthodox Church, Mongols, Catharism, Hussites, Waldensians, Old Prussians, and political enemi...
. In particular, the "royal English contract
Contract

A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement....
 protected by the action of debt
Debt

Debt is that which is owed; usually referencing assets owed, but the term can cover other obligations. In the case of assets, debt is a means of using future purchasing power in the present before a summation has been earned....
 is identified with the Islamic Aqd, the English assize of novel disseisin
Assize of novel disseisin

In English law, the Assize of novel disseisin was an action to recover lands of which the plaintiff had been disseised, or dispossessed. The action became extremely popular due to its expediency....
 is identified with the Islamic Istihqaq, and the English jury
Jury

A jury is a sworn body of people convened to render a rationalism, impartiality verdict officially submitted to them by a court, or to set a sentence or judgment....
 is identified with the Islamic Lafif." Other English legal institutions such as "the scholastic method, the license
License

The verb license or grant license means to give permission. The noun license refers to that permission as well as to the document memorializing that permission....
 to teach
Education

File:Inukshuk Monterrey 1.jpgEducation can be seen as a product or a process and considered in a broad sense or a technical sense. According to philosophy of education George F....
," the "law school
Law school

A law school is an institution specializing in legal education....
s known as Inns of Court
Inns of Court

The Inns of Court in London are the professional associations to one of which every Barristers in England and Wales must belong. They have supervisory and disciplinary functions over their members....
 in England and Madrasas
Madrasah

File:Registan_-_Sherdor_madrasa.jpgMadrasah is the Arabic word for any type of school, whether secular or religious . It is variously Arabic transliteration as madrasah, madarasaa, medresa, madrassa, madraza, madarsa, etc....
 in Islam" and the "European commenda
Limited partnership

A limited partnership is a form of partnership similar to a general partnership, except that in addition to one or more general partnerswhat?? , there are one or more limited partners ....
" (Islamic Qirad
Qirad

The qirad was one of the basic financial instruments of the Islamic Golden Age. It was an arrangement between one or more investors and an agent where the investors entrusted capital to an agent who then traded with it in hopes of making profit....
) may have also originated from Islamic law. The methodology of legal precedence
Precedent

In common law Legal systems of the world, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts....
 and reasoning by analogy
Analogy

Analogy is both the cognition process of transferring information from a particular subject to another particular subject , and a language expression corresponding to such a process....
 (Qiyas
Qiyas

In Sunni Fiqh,the qiyas is the process of Analogy in which the teachings of the Quran are compared and contrasted with those of the Hadith, ie....
) are also similar in both the Islamic and common law systems. These influences have led some scholars to suggest that Islamic law may have laid the foundations for "the common law as an integrated whole".

The second half of the 20th century was marked by a considerable loss of authority and influence of the ulema in most Islamic states. Many secular Arab
Arab

An Arab is a person who Identity as such on linguistic or cultural grounds. The plural form, Arabs , refers to the Ethnocultural group at large....
 governments attempted to break the influence of the ulema after their rise to power. Religious institutions were nationalized and the system of waqf
Waqf

A waqf is an inalienable religious endowment in Islam, typically denoting a building or plot of land for Muslim religious or Charitable trust. It is conceptually similar to the common law trust law....
 "religious donations", which constituted the classical source of income for the ulema, was abolished.

In 1961 the Egypt
Egypt

Egypt is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Western Asia. Covering an area of about , Egypt borders the Mediterranean Sea to the north, the Gaza Strip and Israel to the northeast, the Red Sea to the east, Sudan to the south and Libya to the west....
ian Nasser
Gamal Abdel Nasser

Gamal Abdel Nasser was the second President of Egypt from 1956 until his death in 1970. Along with Muhammad Naguib, he led the Egyptian Revolution of 1952, which removed Farouk of Egypt and heralded a new period of industrialization in Egypt, together with a profound advancement of Arab nationalism, including a short-lived United Arab Republ...
 government put the Al-Azhar University
Al-Azhar University

Al-Azhar University in Egypt, founded in 975, is the chief centre of Arabic literature and Sunni Islamic studies in the world and the List of oldest universities in continuous operation....
, one of the highest Islamic intellectual authorities, under the direct control of the state. "The Azharis were even put in army uniforms and had to parade under the command of army officers" (G. Keppel, Jihad). In Turkey
Turkey

Turkey , known officially as the Republic of Turkey , is a Eurasian country that stretches across the Anatolian peninsula in southwest Asia and Thrace in the Balkans region of Southern Europe....
, the traditional dervish
Dervish

Darvesh or Dervish , as it is known in European languages, refers to members of Sufi Muslim ascetic religious Tariqah, known for their extreme poverty and austerity, similar to mendicant order friars in Christianity or Hindu/Buddhist/Jain sadhus, also called fakirs amongst Muslims ....
 tekke
Khanqah

A khanqah, khaniqah , ribat, zawiya, or tekke is a building designed specifically for gatherings of a Sufi brotherhood, or tariqa, and is a place for spiritual retreat and character reformation....
s and Islamic schools were dissolved and replaced by state-controlled religious schools in the 1950s and 1960s. After the independence of Algeria
Algeria

Algeria , officially the People's Democratic Republic of Algeria, is a country located in North Africa. It is the largest country of the Mediterranean sea, second largest in the Arab World, and the second largest on the African continent and the eleventh-largest country in the world in terms of land area....
, President Ahmed Ben Bella
Ahmed Ben Bella

Mohamed Ahmed Ben Bella was the first President of Algeria....
 also deprived the Algerian ulema of their power.

Role of the ulema in the ummah

The ulema in most nations consider themselves to represent the ijma
Ijma

Ijma is an Arabic language term referring ideally to the consensus of the ummah .The hadith of Muhammad which states that "My community will never agree upon an error" is often cited as support for the validity of ijma....
 "consensus" of the Ummah
Ummah

Ummah is an Arabic language word meaning "community" or "nation". It is commonly used to mean either the collective nation of Islamic state, or the whole Arab world....
 "community of Muslims" (or to represent at least the scholarly or learned consensus). Many efforts to modernise Islam focus on the reintroduction of ijtihad
Ijtihad

Ijtihad is a technical term of Sharia that describes the process of making a legal decision by independent interpretation of the legal sources, the Qur'an and the Sunnah....
 and empowerment of the ummah to form their own ijma.

Ulema as authors

Many ulema have left behind them only a lifetime of mediating disputes and giving sermons; their respectable contributions did not include authorship. Other ulema have been prolific authors, writing translations of the Qur'an
Qur'an

The Qur?an is the central religious text of Islam. Muslims believe the Qur?an to be the book of divine guidance and direction for mankind, and consider the original Arabic text to be the final revelation of God....
 or Quranic commentaries, studies of hadith
Hadith

Hadith are oral traditions relating to the words and deeds of the Prophets of Islam Muhammad. Hadith collections are regarded by all traditional madhab as important tools for determining the Muslim way of life, the sunnah....
, works of philosophy, religious admonition, etc. There are enormous bodies of religious literature that form not only the substance of the courses in Islamic seminaries, but inspirational reading for the ordinary Muslim. Most of this literature has not been translated into English, but remains in its original language (usually Arabic
Arabic language

Arabic is a Central Semitic language, thus related to and classified alongside other Semitic languages languages such as Hebrew language and Aramaic language....
, Urdu, Persian
Persian language

name=Persian|nativename=|pronunciation=[f??r'si]|image=|caption=Farsi in Perso-Arabic script |states= Iran, Afghanistan, Tajikistan, Uzbekistan, and Bahrain....
, or Turkish
Turkish language

Turkish is a language spoken by over 63 million people worldwide, making it the most commonly spoken of the Turkic languages. Its speakers are located predominantly in Turkey and Cyprus, with smaller groups in Iraq, Greece, Bulgaria, the Republic of Macedonia, Kosovo, Albania and other parts of Eastern Europe....
). Some has been printed; some remains in manuscript form.

Ottoman Ulema

In order to become an Ulama in the Ottoman Empire, one had to have studied in a Mederes and be an expert in all the religious sciences, specializing in one or two specifics. In addition, the student had to have been tested and approved by higher ranking Ulema. Such assesment by experts gave the Ulema legitimacy in the eyes of the public, because it imitated the way Companions
Caliph

The Caliph is the head of state in a Caliphate, and the title for the leader of the Islamic Ummah, an Islamic community ruled by the Shari'ah....
 of the Prophet Muhammad
Muhammad

Muhammad Patronymic#Arabic Abd Allah ibn Abd al Muttalib , is the founder of the Major religious groups of Islam and is regarded by Muslims as a Rasul and prophet of , the last and the greatest law-bearer in a series of prophets....
 were appointed. In 14th and 15th century Ottoman Empire, there did not exist many Medereses, Ulema travelled to countries such as Persia, Egypt, etc to further their education. Upon the conquering of Istanbul however, the Sultan converted eight churches into medereses and placed eight of the best Ulemas as the heads. The Ulema in the Ottoman Empire had a large influence over politics because it was believed that secular institutions were all subordinate to religion; the Ulema were emblems of religious piety, therefore rendering them powerful over state affairs. Ulema worked as priest-like authorities who had the role of interpreting and enforcing Islamic Shariah law. These jobs were distributed amongst two types of Ulema: Mufti
Mufti

A mufti is an Islamic scholar who is an interpreter or expounder of Islamic law . A muftiat or diyanet is a council of muftis....
s, who interpreted Shariah law and Kadis
Qadi

Qadi is a judge ruling in accordance with the sharia, Islamic religious law. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims....
, who enforced Shariah law. The Ottomans had a strict hierarchy of ulema where the Seyhulislam
Sheikh ul-Islam

Sheikh ul-Islam is a title of superior authority in the issues of Islam.The title was supposed to be bestowed upon those followers of the People of the Book who acquired deep knowledge of its principles as well as of different views of prominent scholars and thus may carry over the laws extracted from the text unto others....
 had the highest ranking. A Seyhulislam was chosen by a royal warrant amongst the kadis of important cities. The Seyhulislam had the power to confirm new Sultans, however upon affirmation the Sultan had higher authority. The Seyhulislam issued fetvas, which were written interpretations of the Koran that had authority over the community. The Seyhulislam represented the law of Shariah and in the 16th century its importance rose which led to increased power. Sultan Murad appointed a Sufi, Yayha, as his Seyhulislam during this time which lead to violent disapproval. The objection to this appointment made obvious the amout of power a Seyhulislam ulema had, since people were afraid he would alter the traditions and norms they were living under by issuing new fetvas. .

See also

  • Islam
    Islam

    Islam is a Monotheism, Abrahamic religion originating with the teachings of the Prophets of Islam Muhammad, a 7th century Arab religious and political figure....
  • Islamic jurisprudence
  • List of Islamic studies scholars
    List of Islamic studies scholars

    Scholars in Islamic studies are both Muslim scholars and non-Muslim scholars who work in one or more fields of Islamic studies. "Islamic studies" an umbrella term for all Islam-related studies, related to both Islamization of knowledge and an extrinsic study of Islam, and Islamic culture....
  • Mullah
    Mullah

    Mullah is a Muslim man, educated in Islamic theology and sacred law. The title, given to some Islamic clergy, is derived from the Arabic word mawla, meaning both 'vicar' and 'guardian.'...
  • Shi'a clergy
    Shi'a clergy

    Twelver Usooli and Akhbari Shia Twelver Muslims believe that the study of Islamic literature is a continual process, and is necessary for identifying all of God's laws....


Further Reading

Inalcik, Halil
Halil Inalcik

Halil Inalcik is a leading Turkish people historian of the Ottoman Empire....
. 1973. "Learning, the Medrese, and the Ulema." In The Ottoman Empire: The Classical AGe 1300-1600. New YOrk: Praeger, pp. 165-178.

Heyd. Uriel. "Some Aspects of The Ottoman Fetva." School of Oriental and African Studies Bulletin; 32 (1969), p.35-56.

Guidelines to the Jurisprudence of Ottoman Ulema -- Mehmet Ipsirli http://www.muslimheritage.com/topics/default.cfm?ArticleID=416

Tasar, Murat. "The Ottoman Ulema: their understanding of knowledge and scholarly contribution." The Turks. 3: Ottomans. Editors: Hasan Celâl Güzel, C.Cem Oguz, Osman Karatay. Ankara: Yeni Türkiye, 2002, pp. 841-850.

Zilfi, Madeline C. 1986. "The Kadizadelis: Discordant Revivalism in Seventeenth Century Istanbul." Journal of Near Eastern Studies 45 (4): 251-269.