Islamic Jurisprudence By Lecturer Aijaz Ahmed jatoi

1. Islamic
Jusrprudence
Aijaz Ahmed Jatoi

2. Islamic legal History and Growth
• Nature of pre-Islamic Laws
Political Conditions in Arabia
No law,
No any Government
only Tribes system- chiefs
Quraysh in Makkah, in Madena Aus and Khazraj Jewish tribes of Nadheer, Qaynuqaa and Qurayza
Hijaz

3. Economical conditions
 Jews were leaders of Arabs, only they were aware of crop production
 Slavery
 Usury (riba)
 Wealth of Ararbs

4. Social condition
Male Dominated society
Tribes Fight were Common
Women had no identity!
Only Sex Object
Hypocritical Relation
No justice

5. Religion in pre-Islamic Arabs
• Idol-worshippers or polytheists.
• Atheists
• Zindiqs. They believed that there were two gods representing the twin forces of good and evil or light and darkness, and both
were locked up in an unending struggle for supremacy.
• Sabines. They worshipped the stars.

6. • 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.
• Christians. 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

7. The First period
• Start from 610 A.D to 632 A.D Quran
• The first source of Law and first Primary part of law during this
period was Quran And Sunnah.
• Quran revealed within near about 23 years, 12yr Makkah,10yrs of
Hijra .
• Rights of women, Children, orphans and weak.
• Guided to do marriage and concept of family life
• Prohibited theft, drinking gambling, prohibited usury.
• Performance of Contract

8. Sunnah
• Sunnah was second source and second Primary part of law
• The sunnah too was laid down in response to actual cases like the verses of
Qur’an
• The Sunnah did not enjoy the status of a text in this period.
Changes in society
Law was clothed in general ethical and moral teachings of the Shari’ah, society
fully absorbed general object of shari’ah and detailed rules were laid down.

9. • Law of homicide prevailing in pre-Islamic times was based on a system of private
justice and was dominated by notion of tribal vengeance, replaced with retiliation
(Qisa’s)
• Sexual offences, penalties were non existent, were subjected to sever punishment

10. • Drinking of wine was gradually condemned and then made punishable
• Roots of tribal system were cut off and was replaced with Family as basic unit
of society, as result of which the position of women was totally transformed

11. • The law of contract was
regulated by injections of
fairplay and honestly
• Usury (riba) was condemned
and declared as war with Allah
and Prophet (P.B.U.H)

12. Al-Khulaf’a Al-Rashidu’n
632 A.D to 661 A.D
The second period

13. Four Companions of Prophet ‫ﷺ‬
Hazrat Abu Bakr (R.A)-As-Siddiq
• (June 8, 632-August 23, 634 A.D)
• Born in 573 A.D, being almost 2 years
younger than the Apostle ‫ﷺ‬of God,
Hazrat Abu Bakr (R.A) belonged to a
noble family of Bunu Tamim of
Qureyshi tribe in Makkah. His original
name was Abdullah ibn Abu Quhafa.
He started doing trade as a profession
and accompanied Rasulullah ‫ﷺ‬on
some business missions. He (R.A) was
the closest companion of Hazrat
Muhammad ‫ﷺ‬and shared great
personality characteristics of
truthfulness, honesty and integrity with
Him.
Died at age of 61, on Monday, 23rd August, 634
A.D,
• His Title was Siddiq e Akbar (R.A)
• compilation of the Holy Quran in hard
copy for the first time.
• Siddiq e Akbar (R.A) also had the
honor of marrying his daughter Hazrat
A`isha (R.A) to the Holy Prophet ‫ﷺ‬
• The time of his Caliphate was very
short, 27 months only.

14. Hazrat Umar (R.A)-Al-Farooq
• (August 23, 634-November 7, 644 A.D)
• Born in 580 A.D, being almost 10 years
younger than the Holy Prophet ‫ﷺ‬, Hazrat
Umar ibn Khattab (R.A) belonged to the Adi
family of Qureyshi tribe of Makkah. He (R.A)
was also among a few educated people of
Makkah at that time. In his youth, HE (R.A)
was considered to be as a proven wrestler.
He (R.A) accepted Islam when he was
actually going to kill (God forbid) Hazrat
Muhammad ‫ﷺ‬but after listening to the
recitation of Quranic Verses in house of his
sister, he acknowledged the Ayats as true
and embraced Islam at the hands of
Rasulullah ‫ﷺ‬. Afterwards, he (R.A) rendered
great services to the Religion of Peace. Due
to his extraordinary ability of fairness, the
Apostle ‫ﷺ‬of God gave him the title of Al-
Farooq (the one who distinguishes between
right and wrong).
Martyred at age of 65,7th November, 644 A.D
• the Apostle ‫ﷺ‬of God gave him the
title of Al-Farooq (the one who
distinguishes between right and
wrong).
• Implementation of peace and justice
in Muslim society, formation of Baitul
Maal for maintenance and provision of
finances, division of larger regions
into smaller provinces, making of
present Hijri (Islamic) Calendar etc
• the Islamic faith reached the far off
corners of the world including Roman
and Persian regions.

15. Hazrat Usman (R.A)-Al-Ghani
(November 11, 644-July 17, 656 A.D)
Born in 573 A.D, being almost 2 years
younger than the Messenger ‫ﷺ‬of Allah
SWT, Hazrat Usman ibn Affan (R.A)
belonged to the Umayyah family of
Qureyshi tribe of Makkah, He was
among a few knowledgeable people in
the entire Makkah at that time. He (R.A)
had the great honor of marrying the two
righteous Daughters of the Holy Prophet
‫ﷺ‬, which earned him the title of Dhun
Nurain (Bearer of two Lights
Martyred, 17th of July, 656 A.D. at age of 84
• He (R.A) was a wealthy man and he spent most
of it in the true service of Islam like buying a well
from Jew in Madina and making it free for use
for all Muslims and acquiring a portion of land
in order to enlarge the capacity of Masjid e
Nabawi.
• Due to his generosity, he was commonly known
as Al-Ghani. At the time of last Ghazwa, battle
of Tabooq, Hazrat Usman (R.A) strengthened
one third of Muslim Army (around 10,000 men)
through horses, camels and gold coins.
• Tajweed of Quran and larger no of copies.
• he (R.A) contributed by capturing the far off
regions of the world like North Africa, formation
of first Muslim Naval Force and beating the
Roman realm and the Byzantine Empire of 500
ships

16. Hazrat Ali (R.A)-Asdullah
(656-661 A.D)
• Born in 600 A.D, being the First
Cousin of the Holy Prophet ‫ﷺ‬and
almost 30 years younger than Him
(PBUH), Hazrat Ali ibn Abi Talib (R.A)
belonged to a highly respected family
of Bani Hashim of Qureyshi tribe in
Makkah. He (R.A) also risked his life
for the Messenger ‫ﷺ‬of Allah SWT by
lying on His bed at night when non
believers had already planned to kill
(God forbid) Rasulullah ‫ﷺ‬,
successfully returned the entrusted
possessions to their original owners
the very next day and migrated to
Madina.
Martyred, 20th of Ramadan, 40 A.H (661 A.D), at
age of 63
• Hazrat Ali (R.A) had the great honor of
having married the youngest and the
most beloved Daughter of Hazrat
Muhammad ‫ﷺ‬, Hazrat Fatima (R.A).
• The resistance from hypocrites had
become very strong. He fought them
and destroyed most of the Kharijites
(rebellion movement), defeating
Umayyads in battle of Nahrawan and
introduction of reforms in taxes.

17. Source of Islamic law
New source were introduce
• This was Consensus of Opinion IJMA
• Qiyas, is process of deductive analogy
in teachings of Quran and Hadith
• Istihasan, term for juristic
"preference”, its literal sense it means
"to consider something good“
• Maslaha Mursala, is not Shari'a, but it
is a concept that belongs to Islamic
jurisprudence (also known as fiqh)
The Quran was collected compiled
• IJMA,Qiyas,Istihasan, Maslaha
Mursala although they were not known
by these names during this period
• A large number of legal principle were
laid down and established through the
decisions of companions

18. The Third Period
This period begans from 41 AH to 132
AH
• The source of law were
Quran,Sunnah,Ijma but use of analogy
and istihsan became much more
systematic towards end of this period
,along with early schools.
• Occurrence of IJMA with participation
of Jurists of Ummah became more
difficult, its means consensus on
principle of law within a school of
law
Followers (Tabi’un)
• The narration of tradition became
widespread. Areas in which
knowledgeable companions lived
became centers of learning of tradition
and fiqh.
• False traditions compelled some of the
jurists to evolve very strict rules for
checking the authenticity
• This affected the development of
Islamic law

19. The rise of the Early Schools
Abu’ Hani’fah 80 AH to 150 AH
• His student Abu’Yu’suf 113 AH
• Muhmmad al-shayba’ni born in 132
and remained the student of
Abu’Hani’fah
• Malik ibn Anas born in 95 AH
• Ibrahim al-Nakha
• Al-Awza
• Ibn Abi Layla
• Many of these jurists were Qadis or
Kazi
• Their decisions were later recorded by
Muhammad Al-Shaybani

20. The fourth period GrowthThis period begins in 2nd
century Hijra 132 AH upto 350
A.H
• Fiqh flourished in this period and
achieved maturity.
• Compilation of all kind of knowledge
took place ,the most remarkable being
that of fiqh.
• The remaing schools of fiqh were
formed and establish.
• Abu yusuf’s kitab al-kharaj
• Imam M al-shabani’s kitab Zahir al-
Riwayah
Al-Shafis book al-Risalah on Usul
al-Fiqh , al-Umm and Ikhitlaf al-
Hadith
• Mudawwanah al-Kubra on Mal’ki
school by Sahnun
• Ahmed ibn Hanble (164 t0 241), wrote
40,000 traditions in six volumes of his
Musnad

21. Compilation of The Sunnah
First phase:Umar ibn A’ziz
• Abu bakar M ibn Amr ibn Hazm
recorded traditions of Prophet (PBUH)
in shape of book, Ibn Ishaq, Malik ibn
Anas in Madina
• Ibn Jurayj in Makkah, al-Rab ibn sabih
,Hammad in Basra
• Scond phase, Ulama ie like Musnad
of Abu Hurayrah
• Third phase M ibn Isma’il al-Bukhari
(265.AH) Muslim ibn Hajjaj al-Nisapuri
(261.AH) Abu Dawud (275.AH) Isa al-
salmi al-Tirmizi (279)
• Compilation of Tafsir

22. The Fifth Period: Maturing of Legal system
350 AH to 8 century of Hijra
• Our entire methods of studying Islamic
law & more then 95% of the literature
that we deem as the original source of
Islamic law is product of this golden
days
• Shafi ,Hanbali schools are product of
this age
• Jurists like al-Dabbusi,al-Jassa,al-
Mawardi,al-Shirazi, al-Sarkhsi,al-
Bazdawi,al-juwayni, al-ghazali, Ibn
rushd,al-kasani, al-Razi etc
• A new field of Qawaid fiqhiyah were
narrated.
• The theory of the purpose of law or the
Maqasid al-Shariah which is more
developed in this age.

23. The sixth period The Qanun And codification
This period is from 14 centyry CE to the
17th century CE before the advent of
colonization
• In this attempts were made to codify
Law .two outstanding example are
provided by the Ottoman state in
turkey the Mughal empire in India the
rule of Awrangzeb Alamger
• Ottoman Qanun dealt with criminal law
were called as Qanun namah and
firmans
• Mughal law were called as Fatawa
Alamgiriyah composed of six volumes
• It covers entire spectrum of Islamic law
but does not cover the law of
administered by the state

24. The seven period : Colonization and after
• During the age of colonization most
Islamic laws were slowly replaced by
western laws, only personal law left
intact
• Shariah should be applied in all cases
relating to Inheritance, marriage and
other patters of personal law
• Turkey lost its powers in ww1
British rules
• Penal code and criminal procedure
code 1862
• Indian evidence act 1872
• Companies Act 1913
• Shariat act 1937

25. The age we live today
• After the colonization , Pakistan and
Saudi Arabia emerged as “Islamic
states” later Iran also became Islamic
states in Khamnae revolution
• Most of the Muslim majority states are
declared secular States.
• Here in Pakistan two voices can be
heard
Pak secular Sate
Pak Islamic State
• The result of that Hudud Ordinance
made ineffective
• Riba remains frozen in FSC for last
decades
• OIC has proven ineffective
organization ,it is no more fthan Forum
for occasional protest
• Reform of Islamic society is only a
hope in future

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