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Sunnah meaning

What does Sunnah mean?
In legal practice, Sunnah refers to the body of prophetic practice used in Islamic law (Sharia) to interpret rights and obligations. It most often arises before UK and Irish courts when Islamic law must be proved as foreign law through expert evidence, or when construing contracts and Islamic finance instruments that refer to Sharia standards. The term is not defined in UK or Irish legislation or case law; it is a descriptive concept used in comparative and private international law contexts. Literally “well‑trodden path”, the Sunnah comprises the words, deeds and tacit approvals of the Prophet Muhammad, preserved in hadith reports and applied by recognised schools of Islamic jurisprudence. As the principal source after the Qur’an, it informs rules on marriage and divorce, inheritance, commercial dealings and ethical conduct. Application may vary by school and jurisdiction, so identifying the relevant madhhab and seat of the applicable foreign law is important. Across England & Wales, Scotland, Northern Ireland and Ireland, the approach is consistent: courts do not treat the Sunnah as a source of domestic law, but may receive expert evidence on it to determine foreign law, assess recognition and enforcement of foreign judgments or arbitral awards, or interpret contractual clauses referring to...
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View the related Practice Notes about Sunnah

PRACTICE NOTES
Shari’ah Fundamentals for Lawyers: Nature, Sources, Sunni/Shi’a Schools and Conflict of Laws in Islamic Finance

Introduction Shari’ah—also rendered as Sharia, Shariah, or Shari’a—literally means, in Arabic, ‘the path towards the watering place’. As Islamic law, it is the religious legal framework of Islam, laying down duties and a code of conduct for people to observe so that they can lead their lives in a rewarding and worthwhile way. According to Potter LJ, much of the classical Islamic law governing financial dealings is not set out as formal ‘rules’ or ‘law’ in the Qur'an and Sunnah; instead, it rests on the often differing opinions of established schools of law that took shape roughly between 700 and 850 CE...

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PRACTICE NOTES
UK Banking, Finance, Capital Markets, Derivatives and Insolvency Law Glossary including Islamic finance

Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...

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PRACTICE NOTES
Islamic Succession: Quranic Shares, Order of Payment (Funeral, Debts, Bequests), Classes of Heirs, and Restrictions on Testamentary Freedom

Inheritance is a core component of Shariah, the path to be followed. Its rulings are ordained by Allah subhanahu wa ta'ala (SWT) — Allah, the most glorified, the most high. A person’s assets, whether during life or after death, must never be used in a manner that conflicts with what Allah SWT has decreed. In Islam, breaching these commands is regarded as a major sin. The Quran sets out the inheritance laws plainly and in depth. It is the primary source of Shariah, with the Sunnah as the secondary source. The Sunnah comprises the words and actions of the Prophet Muhammad, peace and blessings be upon him (PBUH). While other acts of worship are mentioned in the Quran and elaborated in the Sunnah of the Prophet Muhammad (PBUH), the inheritance rulings are explained by Allah SWT directly in the Quran. Inheritance law in the Quran Most of the inheritance rulings in the Quran appear in Surah An-Nisa’ (chapter 4 of the Quran). Within this surah, three verses lay...

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