Introduction To Islamic Law And Jurisprudence Pdf
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Religion Studies: Islam: Law and Jurisprudence
The study and exploration of these legal rules by Muslim Jurists may be called as Islamic Jurisprudence. 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.
Islamic Jurisprudence Usul al Fiqh discusses both the sources of Islamic law and the law. Primarily Islamic Jurisprudence deals with the sources or roots of Islamic law. Islamic Jurisprudence deals with the primary sources of Islamic law, the Quran and the Sunnah, and what are the methods of deduction of law from primary sources.
It also discusses the secondary sources of Islamic law, the Ijma consensus , Qiyas analogical deduction , Istihsan Juristic preference and other methods of Ijtihad reasoning and investigation etc. All the secondary sources are either directly or indirectly based on the primary sources of Islamic law, the Quran and the Sunnah. 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!
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. 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 called Mujtahid. The principal objective of Islamic Jurisprudence is to regulate Ijtihad and guide the jurist in his effort at deducing the law from the sources. Fiqh linguistically refers to knowledge, deep understanding or comprehension.
Thus, it is the knowledge of fundamentals of Islamic law. Islamic Jurisprudence : The word jurisprudence is derived from a Latin maxim as referred 'jurisprudentia'. It is a combination of two words 'juris' which means 'law' and 'prudence' which means 'knowledge' or 'skill'. Therefore Islamic jurisprudence is the study, knowledge, skill and theory of Islamic law.
Jurisprudence includes principles behind law that make the law. Fiqh: 'knowledge of the practical rules of Shari'ah acquired from the detailed evidence in the sources'. Fiqh, is the law itself whereas usul al-fiqh is the methodology of the law. Legal DefinitionsIslamic Jurisprudence can be defined in many ways:Imam Ibn al Hajib in his book "Mukhtasar al-Muntaha", states as "They are the principles by the use of which the Mujtahid Jurist derives the legal rules of conduct from the specific evidences"This definition explores that Islamic jurisprudence is a body of principles of interpretation by the help of which the Mujtahid is able to derive the law from the detailed evidences in the Quran, the Sunnah , Ijma and Qiyas.
Imran Ahsan Nyazee describes in his book "Islamic Jurisprudence" as "The discipline imparting a knowledge of the sources and principles of interpretation and of legal reasoning that helps the jurist arrive at the legal rules of conduct" Islamic jurisprudence may be defined as "Science of basic principles of Islamic Law"It is very pertinent to mention here that some of the scholars have pronounced Islamic Jurisprudence incorrectly as "the principles of Muhammadan Jurisprudence" or "Muhammadan Jurisprudence" or "Muhammadan Law" which is wrong under Islamic law, because it is not the law of man "Muhammad PBUH " but the law of God "Allah Almighty.
We are concerned here not with history but with growth and development of law. We examine the foundation of the legal schools through a historical analysis of Islamic law in the era of the Prophet, rightly guided caliphs, tabi'in, and the great imams.
We will explore the process of the development and refinement of a legal school and why following a legal school is the best option to implement Islam in your life. We can divide the whole development of Islamic law during the past years into five periods. The first period begins from the date when the Prophet Muhammad PBUH was inspired by the first revelation and terminates with the end of Prophetic career.
The second period starts with the period of the first Caliph and covers the reign of four Caliphs. The third period marks the beginning of the four Sunni schools of thought and then the fourth period begins where the period of Sunni schools of thought ends.
The fifth and final period starts with the twentieth century and is going on till today. The prophetic era, comprising the life of the Prophet peace be upon him , saw the completion of the edifice of the Shariah Islamic Law and the completion of the religion.
The prophetic period A. D -the whole Quran was revealed and the Prophet explained and reinforced it through his own teaching and practice, the Sunnah. The Qur'an became the first source of Islamic Law. It is the embodiment of the dictates of the Allah Almighty who is considered in Islam to be the supreme Legislator.
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 PBUH as Sunnah. It is for this reason that this period is known as the " Legislative period in Islam".
There was no need for speculative legal reasoning ijtihad simply because the Prophet himself provided definitive rulings on issues as and when they arose.
The traditions of the Prophet Muhammad PBUH are no less important both in respect of their source as well as in their nature, as they are regarded as having in them the element of divinity. Qur'an and Tradition, which format the basis of Islamic Law, laid down many principles and introduced new reforms in all fields of law in civil, criminal and constitutional laws the ages of darkness: 2 Interpretation PeriodThe second period is the era of the Prophet's Companions , the rightly guided Caliphs on 11 A.
H, A. D and their successors Tabiun and ends with the foundation of different schools of jurisprudence. This period is considered the preliminary stage for the codification of Islamic Law.
It w as an age is as has been observed mainly of collection, interpretation, supplementation of the textual subject and extension of Islamic laws by collective deliberations.
In this period fiqh and ijtihad find their historical origins. The Companions of the Prophet took a rational approach toward the textual materials -the Quran and the Sunnah.
The divine law Qur'an and Traditions was developed by dint of hard effort and literal devotion by the Caliphs towards the ordinary sources of Islamic Law. Speaking of the development and growth of Muslim legal system in generally one should note that during A. If they felt a particular point was not sufficiently covered by the Qur'an or Traditions, they had to decide the matter in the light of Quran and Sunnah through reason. Another safe and reliable method, evolved by these companions, was the unanimous verdict of the group of the learned personalities known as Ijma.
Ijma means the consensus of the learned people on any question of Law. Hence, consciously or unconsciously Ijma as a third source of Islamic Law, developed in this period. Even the election of the first caliph viz. Hazrat Abu Bakar RA as the chief executive of the community, was based on consensus. Subsequent to the introduction of Ijma, as a method of reasoning, the use of Qiyas, i. The period of Caliphate the age of rightly guided Caliph, was the golden age of Islam.
It is this period which has witnessed the rise and fall of the institution of Caliphate: it is the second phase in the development of Islamic Law which is marked by the emergence of Ijma and to a certain extent Qiyas as a source of Islamic Law.
The administrative decrees issued by the early Caliphs supplied answers to many legal problems. 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. The Islamic schools of thoughts were developed as a natural evolution in the Umayyad and Abbasid time.
In initial stage, the emergence of two schools of legal thought that left a lasting impact on the subsequent development of Muslim Legal system: 1 Traditionists Ahl al-Hadith , who were centered mainly in Mecca and Medina in the Hejaz, and 2 the Rationalists Ahl al-Ray , who were active in the Iraqi cities of Kufa and Basra.
Whereas the Traditionists relied mainly on textual authority and were averse to the use of personal opinion ray , the Rationalists were inclined, in the absence of a clear text, toward a more liberal use of personal reasoning. During this process came the downfall of Umayyad dynasty which was replaced by Bani Abbas. This dynasty was more awakened to learning and gave due encouragement developing the science of jurisprudence.
It was in the reign of Bani Abbas that the four Sunni schools of law were founded. Imam Abu Hanifah was the most outstanding jurist of the four and he was responsible for developing the theory of Istehsan known as "Juristic Preference: which, eventually emerged and established itself as a source of Islamic Law.
While Abu Hanifah was the first to have started the study of jurisprudence as a separate science, Imam Shaf'i was a pioneer in writing a book on jurisprudence. He promoted the idea of studying Fiqh and Traditions from the technical point of view and himself worked intensively in the same direction Hazrat Imam Malik is known by his "doctrine of public good".
Imam Shaf'i accepted Qiyas and extensively used it to deduce rules of Law. As a whole this period was the most glittering, in this period there came, into use economic terminology, a boom for knowledge and evolvement of new theories and formulas to meet the requirements of the time. To sum up, we can say that in this age the compilation of Traditions was undertaken: Fiqh as a science of Islamic thought was studied, Commentaries were written both on Qur'an and Tradition and the fullest use was made for the development of legal notion.
The most outstanding among them are known as the Imams of Tradition, as distinguished from the Imams of jurisprudence. We refer here to Abdullah Muhammad Abu Ismail al-Bukhari, Commonly known as Bukhari, who devoted his life to the scientific investigation of Traditions. All four Islamic schools of thoughts, Hanafi, Maliki, Shafe'i and Hanbali, are respected as valid legal schools of Islam that have arrived through their analysis of the Qur'an and Sunnah.
In fact the differences between the schools are considered a blessing in disguise as it gives freedom of choice to the people as per their personal inclination. 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 permissibility in Islam of organ and tissue transplant and blood donation is supposed to be a settled issue here in Malaysia and elsewhere in the Muslim world, yet questions keep arising on whether this is also permissible between Muslims and non-Muslims Download the full article in pdf attachment below. The information on Shariah provided in this paper is organized in 52 pages and eight sections, all in question and answer format, and is reflective of the classical Shariah positions and how they are applied or feature in the present-day Muslim countries. Some of the areas where modern reforms and Islamic revivalism of the latter part of twentieth century might have introduced changes are also mentioned. Each section features a number of questions of general interest, some topical and others informative of the state of the art. The purpose is not to provide exhaustive details on any of the themes discussed but to introduce Shariah in a nutshell, as it were, to readers with various levels of familiarity with the subject, Muslims and non-Muslims alike
Introduction to Islamic Law – Islam and Origins of Islamic Law. Islam (The Bare `Usul al-Fiqh – 'the methodologies of Jurisprudence', sources of Law.
An Introduction to Islamic Law
This article provides an introduction to Muslim jurisprudence. The influence of philosophical thought on Muslim jurisprudence was, in a sense, surreptitious. However, within the details of their legal theory, one finds ample evidence of the influence of philosophical categories. He gained his Ph. Access to the complete content on Oxford Handbooks Online requires a subscription or purchase.
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Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. DOI: Hallaq Published Political Science. The study of Islamic law can be a forbidding prospect for those entering the field for the first time.
Дэвид на экране застыл в глубокой задумчивости. - Разница, - бормотал он себе под нос. - Разница между U235 и U238.
Edited by William Edelglass and Jay L. Garfield
Я не хочу никоим образом нарушать покой директора и говорить с ним о кризисе, в то время как он не в состоянии предпринять хоть что-нибудь. Сьюзан понимала, что коммандер прав. Даже в такие моменты ему удавалось сохранять ясность рассудка. - А вы не думали о том, чтобы позвонить президенту. Стратмор кивнул: - Думал. Но решил этого не делать. Сьюзан так и подумала.
Фильтры служили куда более высокой цели - защите главной базы данных АНБ. Чатрукьяну была известна история ее создания. Несмотря на все предпринятые в конце 1970-х годов усилия министерства обороны сохранить Интернет для себя, этот инструмент оказался настолько соблазнительным, что не мог не привлечь к себе внимания всего общества. Со временем им заинтересовались университеты, а вскоре после этого появились и коммерческие серверы. Шлюзы открылись - в Интернет хлынула публика. К началу 1990-х годов некогда тщательно охраняемый правительством Интернет превратился в перенаселенное пространство, заполненное общедоступными почтовыми серверами и порнографическими сайтами. Вскоре после не получившего огласки, но причинившего колоссальный ущерб государственной безопасности проникновения в базы данных Военно-морского флота стало абсолютно очевидно, что секретная информация, хранящаяся на компьютерах, подключенных к Интернету, перестала быть тайной.
Серые глаза светились уверенностью, с которой сочеталась профессиональная скрытность, но сегодня в них проглядывали беспокойство и нерешительность. - У вас испуганный вид, - сказала Сьюзан.