Islamic Law and

JurisprudenceBy
ALVEENA BASHIR
Hira Ishaq
Ifrah Khan
Here is where your presentation begins Jaisha Naz
Table of Content
Here’s what you’ll find in this Presentation:
1. INTRODUCTION TO ISLAMIC LAW
2. INTRODUCTION TO JURISPRUDANCE
3. EXAMPLE
4. HISTORY (5 PERIODS)
5. PRINCIPLES OF LAWS AND JURISPRUDANCE
6. IMPORTANCE
7. CLASSIFICATION OF LAWS WITH REFERENCE TO THE OBJECTIVES OF
LAW OR HUMAN ACTS
8. WITH REGARD TO ENFORCEABILITY THE LAWS ARE DIVIDED INTO
THREE CLASSES
9. CRIMES AND THEIR PUNISHMENTS
10. CONCLUSION
 01 Introduction to law
The Qur'an is the principal source of Islamic
law, the Sharia. It contains the rules by
which the Muslim world is governed (or
should govern itself) and forms the basis for
relations between man and God, between
individuals, whether Muslim or non-
Muslim, as well as between man and things
which are part of creation. The Sharia
contains the rules by which a Muslim
society is organized and governed, and it
provides the means to resolve conflicts
among individuals and between the
individual and the state.
Introduction to
jurispurdence 02
‫اويَةَ قَا َل قَا َل َرسُو ُل هَّللا ِ صلى هللا عليه و سلم َم ْن ي ُِر ْد هَّللا ُ بِ ِه َخ ْيرًا يُفَقِّ ْههُ فِي ال ِّدي ِن‬
ِ ‫َع ْن ُم َع‬
‫ترجمہ‬
‫تعالی جس شخص کے ساتھ بھالئی کرنا چاہتا ہے اسے دین کی سمجھ عنایت‬ ٰ ‫اس بارے میں کہ ہللا‬
‫فرما دیتا ہے‬
Translation:
The Prophet (peace and blessings be upon him) said,
“Whomever Allah wants good for, He will grant him Fiqh (deep understanding) of
religion.” (Sahih Bukhari )
Continue..

Islamic Jurisprudence is the study of Islamic law. It is a type of

science that explores the creation, application, and enforcement of
laws. It is the study of theories and philosophies regarding Islamic
law. If we understand the theories and philosophies behind law, then
we can better understand laws.
Sources of Islamic Law

Primary Sources
Example
The Science of Usool al-Fiqh is about the method by which rules are deduced from
indications (evidences), so imagine a man thinking of a way to pick a fruit from a tree! The
man is the mujtahid; the tree is the source/ evidence; the fruit is the hukm (ruling) and the
method of picking is the procedure of deduction.
1- The Rules (Fruit)
2- The Sources (Tree)
3- The Rules of Interpretation (Istinbaat)/ Implications (Dalalaat) (Method of Picking)
4- The Interpreter (al-Mujtahid) and His Work (Ijtihaad) (Man)
 History of Islamic Law and
03 jurisprudence
We can divide the whole development of
Islamic law during the past 1500 years into five
periods.
1. Legislative Period
2. Interpretation Period
3. Scientific Period
4. Period of Taqleed
5. Period of Renaissance
1. Legislative Period
The first period commenced when the Prophet Muhammad
was guided by the first revelation by God and ended with his
death. The Qur'an became the first source of Islamic Law. It
was the time when laws were enacted by the divine legislator
and promulgated in the words of the Quran, or by the percepts
of Muhammad as Sunnah.
2. Interpretation Period
The second period is the era of the Prophet's Companions, the
rightly guided Caliphs on
11 A.H, and their successors and ends with the foundation of
different schools of jurisprudence.
Prophet took a rational approach toward the textual materials - the
Quran and the Sunnah. The divine law was developed by dint of
hard effort and literal devotion by the Caliphs towards the
ordinary sources of Islamic Law.
3. Scientific Period
The third period starts from the beginning of the second century
A.H to the middle of the
fourth. During this stage, the codification of Islamic Law was
completed.
At this stage, Islamic Law became a distinct science of its own
that scholars would specialize in.
Schools of thought were formed in this period, which is the stage
that
Islamic Law as a science was established.
4. Period of Taqleed
The Fourth phase in the formative history of fiqh began around
950 A.D, after the close of
third century of the Hijrah. This period is characterized by the
institutionalization of the
dominant schools, with emphasis not on new developments but on
following precedent
(Taqleed). The jurists occupied themselves with elaboration and
commentaries on the
works of their predecessors.
5. Period of Renaissance
The Fifth and final period in the development of Muslim legal
system began at the turn of the twentieth century. It is marked by less
emphasis on precedent and greater emphasis on original thinking and
the quest to make the Shariah once again relevant to the social reality
and experience of contemporary Muslims. During this period, studies
in Islamic Law broadened considerably, especially in the field of
Comparative Law and in the critical study of the major classical
works in the field.
Principles of
jurispurdence 06
● Islamic belief begins with Prophet
Muhammad, the Messenger of God
(Allah). The Prophet's mission was to
establish an order in this world based on
divine revelations made to him by God
(Allah). These divine revelations are
recorded in the Quran, the sole scripture
of the Muslims. The spiritual and secular
practices of the Prophet came to be
known as Sunna. These two sources
constitute the main guidelines for spiritual
as well as temporal Muslim conduct in this
life as a preparation for the hereafter, and
are called Sharia.
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• The word Sharia means the highway to good life. Over a
period of time two additional sources of Sharia came into
existence. They are: 1) Qiyas, or analogical reasoning, and
2) Ijma, or consensus of the Islamic community on a point
of law. According to Sharia, sovereignty vests in God
(Allah), requiring the state to act within the limits of divine
law, or Sharia. This sovereignty is recognized by
incorporation of Sharia into the Islamic legal system and
community. In this sense Sharia is the constitutional law of
a Muslim society.
Importance
07
● The benefits of the study of Islamic Jurisprudence are many.
From a study of Jurisprudence, we come to know the methods of
interpretations of the Quran and Sunnah, all the secondary
sources of Islamic law, the views of major scholars of the past
and present, the rules of Qiyas and other methods of Ijtihad, the
history of development of Islamic law and legal theory. All these
make anybody who studies Islamic Jurisprudence cautious in
approach to Islamic law.
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● The need for the methodology of usul al-fiqh became prominent when unqualified
persons attempted to carry out ijtihad, and the risk of error and confusion in the
development of Shari'ah became a source of anxiety for the Ulama. This subject
has much importance because deduction (ijtihad) of an authentic Muslim jurist is
applicable on every Muslim to follow the rules laid down by him. The Muslim
Ummah can produce great mujtahid only by study of Jurisprudence in addition to
other sciences. No Muslim can do Ijtihad or interpret Islamic law without having
command on this subject. A Muslim, who has command on Islamic Jurisprudence,
is calledMujtahid. The principal objective of Islamic Jurisprudence is to regulate
Ijtihad and guide the jurist in his effort at deducing the law from the sources.
CLASSIFICATION OF LAWS
WITH REFERENCE TO THE OBJECTIVES OF LAW OR HUMAN ACTS

● With reference to the objectives of law or human acts the laws

are classified into two divisions, namely, defining laws and
declaratory laws.
● Defining (Hukm taklifi) laws
● Declaratory (Hukm wad`i) laws.

08
 1) Defining Law (Hukm Taklifi)

● Defining law (hukm taklifi) is a communication

from the Law Giver which demands the subjects to
do or not to do a thing or gives an option between the
two. It mainly defines the extent of man’s liberty of
action.
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● The majority of legal theorists divide hukm taklifi into five categories.
A- Obligation (ijab) is the communication which absolutely demands for the
performance of an act.
• The legal effect of the communication is called wujub (being obligatory).
• The act to which ijab relates and which is characterized by wujub is called
wajib (obligatory).
• E.g. “O you who believe, fulfill the obligation” (5:1)
• This Quranic verse is a hukm shar’i according to the legal theorists.
• The legal effect of the verse is hukm shar’I according to the jurists i.e. the
obligatoriness of fulfilling the obligation.
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B- Recommendation (nadb) is the communication

which indecisively demands for the performance of an act.
• The legal effect of the communication
is called nadb.
• The act to which nadb relates and which is
characterized by it, is called mandub (recommended)
• E.g. “O you who believe, when you contract
a debt for a fixed time, write it down.” (2:282)
• The demand in the hukm to write down
the contract of a debt is not absolute or decisive as the context indicates.
 Continue…

C- Prohibition (tahrim) is the communication

which absolutely demands to refrain from an
act.
• The legal effect of the communication is called
hurmah (being forbidden).
• The act to which tahrim relates and which is
characterized by hurmah is called haram
(prohibited).
• E.g. “And go not nigh to fornication, surely it is
obscenity. And evil is the way. (17:32)
 Continue…

D - Disapproval (karahah) is the communication

which indecisively demands to refrain from an
act.
• The legal effect of the communication is also
called karahah.
• The act to which karahah relates and which is
characterized by it is called makruh (disapproved)
• E.g. “O you who believe, when the call is
proclaimed to (Friday) prayer on Friday, hasten to
remembrance Allah, and leave off trading.” (62:9)
 Continue…
Permissibility (ibahah) is the communication
which confers a choice between the
performance and omission of an act.
• The legal effect of the communication is also
called ibahah.
• The act to which ibahah relates and which is
characterized by it is called mubah
(permissible).
• E.g. “And when the prayer is finished, you may
disperse through the land and seek of the
bounty of Allah.” (62:10)
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Thus, the act which the lawgiver demands the

subject to do is of two types: obligatory (wajib)
and recommended (mandub).
• The act which the lawgiver demands the subject
to refrain is also of two types; forbidden (haram)
and disapproved (makruh)
• The act which the subject is having a choice
between the commission and omission is only
one i.e. permissible (mubah).
 1) Declaratory Law (Hukm Wad’i)

● Declaratory law (hukm wad’i) is the

communication from the Law Giver making
something a cause (sabab) or condition (shart)
of a rule or impediment (mani’) to it.
• It regulates the proper operation of defining
law (hukm taklifi) by indicating the conditions,
exceptions and qualifications.
 Continue…

E.g. of cause
• “Establish regular prayers at the sun’s decline…” (17:78)
• In this verse the decline of the sun has been declared to be the cause of
offering noon prayer.
E.g. of condition
• “O you who believe, when you rise up for prayer, wash your faces, and your
hands up to the elbows and wipe your head and (wash) your feet up to ankles.”
(5:6)
• This communication of the lawgiver relates to making purification a
condition for the validity of prayer.
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E.g. of impediment
• Abu Hurayrah reported the Prophet (peace be
upon him) as saying: “A murderer of his relative
shall not inherit (the property of his slain
relative).”
• In this tradition from the Prophet (peace be upon
him), homicide of one’s relative has been
declared to be an impediment to receiving a
share from inheritance
CLASSIFICATION OF Laws
WITH REGARD TO ENFORCEABILITY THE LAWS
With regard to enforceability the laws are divided into three classes

1. Laws which concern men in their social and individual

existence in this world, their object being to regulate men’s
relations to and dealings among one another. Since
observance of laws of this kind is necessary to the
preservation of humanity, their enforcement has been
delegated to and is made incumbent on the community.
Examples of this class of laws are the laws relating to contracts,
transfer of property, succession, domestic relations, wrongs crimes

09
and the like.
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2. Laws which solely concern the spiritual aspect of individual

life, though some of them may relate to worldly transactions,
these are enforced by God alone by means of spiritual
rewards and punishments.
Examples of this class of laws are laws enjoining commendable acts,
such as alms, supererogatory prayers, and fasting, or prohibiting
condemned acts, such as sale during call to prayers, and laws
imposing the duty of making atonement.
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3. Laws that mainly concern the spiritual aspect of individual life,

but also affect the Muhammadan communal life in its religious
aspect; the enforcement of these is not incumbent on the
State, but is left to its discretion.
Examples of this class of laws are the laws enjoining the duties of
saying the five daily prayers, of paying the poor rate, and of fasting
during the lunar month of Ramadan; these duties the State may
enforce by means of disciplinary measures.
 CRIMES AND THEIR
Punishments
"God wants to make things clear for you and to
guide you to the ways of those before you and to
forgive you. God is the All knowing, the Wise.
God wants to forgive you and wants those who
follow their desires to turn wholeheartedly
towards (what is right). God wants to lighten your
burdens, and He has created man weak." (Quran
4:26-28)
 Crimes in the light of Islam

It should therefore become clear to us why the crimes for which Islam for
which the Law has prescribed fixed punishments are as follows:

1. Transgression against life (murder or assault).

2. Transgression against property (theft).
3. Transgression against lineage (fornication and false accusations of
adultery).
4. Transgression against reason (using intoxicants).
5. Transgression against religion (apostasy).
6. Transgression against all of these universal needs (highway robbery).
 Forms of punishments in Islam

Islamic Law has come with clear texts prescribing fixed punishments for those
crimes that no society is free of. In accordance with this principle,
punishments in Islamic Law are of three types:

1. Prescribed punishments
2. Retribution
3. Discretionary punishments
 1. Prescribed punishments

Crimes that fall under this category can be defined as legally prohibited acts
that God forcibly prevents by way of fixed, predetermined punishments, the
execution of which is considered the right of God.
The following crimes fall under the jurisdiction of the fixed punishments:
1.      Theft
2. Highway Robbery 4. False Accusation
3. Fornication and Adultery 5. Drinking
6. Apostasy
 2. Retribution punishments

This is the second type of punishment in Islamic Law. This is

where the perpetrator of the crime is punished with the same
injury that he caused to the victim. If the criminal killed the
victim, then he is killed. If he cut off or injured a limb of the
victim, then his own limb will be cut off or injured if it is possible
without killing the criminal.
 Important Rules of Retribution

1.    Retribution is not lawful except where the killing or injury was done deliberately.  There is no retribution for
accidentally killing or injuring someone.
“O you who believe, retribution is prescribed for you in the case of murder...” (Quran 2:178)
2. permits the victim to pardon the perpetrator, because the punishment in these crimes is considered the right
of the victim.
“If anyone waives the right to retaliation out of charity, it shall be an expiation for him.” (Quran 5:45)
The pardon can either be to the payment of blood money, a fixed, monetary compensation, or can be total, where
no worldly compensation is demanded.  God says:
“To forgive it is closer to piety...” (Quran 2:237)
3.    The punishment must be carried out by the government.  The family of the victim cannot carry it out.
 3. Discretionary punishments

These are punishments that are not fixed by Islamic Law, for
crimes that either infringe on the rights of God or the rights of an
individual, but do not have a fixed punishment or a set expiation.
They are the most flexible type of punishment, because they take
into consideration the needs of society and changing social
conditions.
Conclusion 10
References
َ ‫ان يَْأتِيَانِهَا ِم ْن ُك ْم فَآ ُذوهُ َما ۖ فَِإ ْن تَابَا َوَأصْ لَ َحا فََأ ْع ِرضُوا َع ْنهُ َما ۗ ِإ َّن هَّللا‬
ِ ‫َواللَّ َذ‬
‫ان تَ َّوابًا َر ِحي ًما‬ َ ‫َك‬
And as for the two of you who are guilty thereof, punish them both. And if they repent and improve,
then let them be. Lo! Allah is ever relenting, Merciful.

—(04:16)
Thank You!