Introduction to islamic law

& jurisprudence
(Basic concepts of islamic law and jurisprudence)

Course instructor
Islamic studies:
H. SYED MUBASHAR KAZMI
 LAW:
Law is the aggregate set of rules set by a man as
politically superior, or sovereign to men, as political
subjects.
(john Austin)
ISLAMIC LAW

The body of rules of conduct revealed by Allah

(SWT) to his prophet Muhammad whereby the
people are directed to lead their life in this world.
Islamic Jurisprudence
(usul e fiqh)

Methodology of deducing islamic legal rulings.

The term ‘fiqh’ Is an arabic term meaning “deep understanding”

Or full comprehension. Fiqh or islamic jurisprudence is a source Of
a range of laws In different topics that govern the lives of the
muslims in all aspects of everyday life.
The difference between fiqh & shari’iah

Fiqh Shari’iah

A body of laws Deducted from Shari’iah is the body of laws found

the shari’iah to cover specific both in the Quran and Sunnah.
situations not covered in the
shari’iah.

Fiqh changes according to the Shari’iah is fixed and unchangeable

circumstances around it.
SOURCES OF ISLAMIC LAW &
JURISPRUDENCE
Primary sources Secondary sources

1. Holy Quran
1. Ijma
(direct and unaltered (Consensus among.
words religeous scholars)
1. Qiyas
of GOD) (process of deductive
2. Hadith (Sunnah) Analogy)
(words and actions.
3. Ijtihad (Juristic preference)
attributed to Prophet (A means to seek ease
Muhammad S.A.W) and
convenience)
Classification of islamic law
Islamic legal History and growth
Nature of pre islamic law

Political conditions in Arabia

No law

No any Government

Only tribes system-

chiefs

Jewish tribrd of Nadheer, Qaynuqaa and Qurayza

 Economical conditions

• Jews were leaders of Arabs,only they were aware of crop production

• Slavery

• Usury (Riba)
Social conditions

Male Dominated
Society

Tribes fight were

common

women had no identity!

Hypocritical Relation

No justice
 Religion in pre- Islamic Arabs
• Idol-worshippers of polytheists

• Atheists

• Zindiqs

• Sabines
• Jews
when the Romans destroyed jerusalem in A.D 70 and drove the jews out of
Palestine and Syria, many of them found new homes in Hijaz in Arabia . Under
their influence many Arabs also became converts to Judaism . Their strong
centers were the towns of Yathrib, Khayber, Fadak and Umm-ul-Qura

• Chritians
The Romans had converted the north Arabian tribe of Ghassan to christianity.
Some clans of Ghassan had migrated to and had settled in Hijaz , In the
south, there were many christians in Yemen where the creed was originally
brought by the Ethiopian invaders . Their strong center was the town of
Najran

• Monotheists
The first period
 The second period

Al-Khulaf’a Al Rashidu’n

632 A.D to 661 A.D

Four companions of Prophet
Muhammad S.A.W
Hazrat Umar Farooq (R.A)
Hazrat Usman Ghani (R.A)
Hazrat Ali (R.A)- Assadullah
The Third period
The fourth Period

Golden age age of Islamic law and Islamic

jurisprudence “ from the early second to mid fourth
century when the eight most significant sochools of Sunni
and shaia emerged Era of different school of thought
like hanfi Maliki shaafi and hanbli etc
The fifth period (Maturing of legal
system)
The sixth period (The Qanun &
Codification)
The seventh period (Colonization and
after)
The age we live today
Schools of Muslim Law

"Difference of opinion among my community is

a sign of the bounty of Allah“
( prophet Muhammad S.A.W )
There are two main schools in Muslim law, as the
Sunnies amd Shias. Both the segments are divided
into sub-schools. The sunni school can be divided
into four sub- schools as Hanfi, Maliki, shafi and
Hanbali.Shia school of thought can be divided into
three as ismaila zaydia and ithama Asharia.
Hanafi school:

Hanafi School of thought is accepted as the most influential and

important School. Imam Abu Hanifa was the founder of this
school. Imam Abu Hanifs was the foumder of this school. The
School was named after him as Hanafi School.
The main feature of this school are:
Less reliance on traditions unless their authority is beyond any
doubt.
Greater reliance on Qiyas
A little extension of the scope of ijma
Evolving the doctrine of istishan i.e applying a rule of law as
the special cirumstances required.
The maliki school

The Maliki school of law was founded by imam Malik bin Anas. He was born in
Medinah . Imam malik was a judge. He wrote a book named al-Muwata (the
leveled path) .The pupils of Imam Malik included Imam Muhammad and
Imam Dhafi. though Medina was the birthplace of the Maliki school and from
there spreadout the Hijaz, North africa and spain. It is still predominant in
Morocco Algeria, Tunisia and Tripalitania , the sudan , Bahrain and Kuwait.
Shafi School

The thrid school was founded by Imam al Shafi who was a

disciple of Imam Malik. He was a great thinker , had an unusual
grasp of principles and a clear understanding of the judicial
problems.

His most famous pupil was Ahmed Ibn e Hanbal.

This school is followed in many parts of egypt, syria and

Lebanon (particularly in the city of Beirut) and also in Iraq ,
Pakistan , India, Indo-china amd among the Sunni inhabitants of
Iraq and Yemen . It is predominate in Palestine and Jordan
Hanbali School

This school was founded by Imam Ahmed bin Hanbal who

was born im Bagdad. imam Hanbal did not establish a
separate school himself, this was rather done by his
disciples and followers.
The Hanbali was the most conservativeof the four schools
Its rigidity and intolerance eventually caused its decline
over the years. Today Hanbali school is followed only in
saudi Arabia .
This school is very strict in the observance of religious
duties
Now to cope with this changing aspect of Islamic
society, particularly in the light of new facts, specialists
in the field of islamic law asked to give their decisions
using the traditional tools of legal science. Such a
decision is called FATWA and tge religious scholar who
gives this decision is called a MUFTI
Principles of islamic law
The objectives of Islamic law

To achieve happiness for humans in this world and the hear

after by following the law of adopting the good and
neglecting the bad.

The Islamic law doesn’t command anything that is bad for

people.

The Islamic shariah has established reserved and

constructed the rulings for five necessities
Objectives of islamic jurisprudence

There are five objectives of islamic jurisprudence

1 Hifzud din = preserve religion

2 Hifzud nafs = preserve soul/life
3 Hifzud aqal = preserve common sense
4 Hifzud nasl = preserve offspring
5 Hifzud maal= preserve property
Importance of objectives of shariah
and islamic law
These five objectives are drived from shariah therefore ,every
society should preserve and protect these five necessities
;otherwise human life would be harsh ,brutal ,poorand
miserable here and in the hereafter .

Prophet Muhammad ,warned muslims,said " avoid the

seven great sins " the companions asked: what are they? He
replied :
" joining others with Allah (s.w) _ in worship or other issues _ ,
magic , killing a person,except by right and fair judgment
,earningmony by interest, music and benefiting from an
orphan's money<running away from the battle ,defamation
the faithfulpure women ,who did nothing wrong".
 Thankyou all.
May God Bless you .