Islamic jurisprudence Its sources and goals

1. 1

2. PRESENTED BY
OSAMA NASEEM

3. Presentation on
Islamic jurisprudence
, Its sources and
goals

4. Introduction
 Islam is a religion that teaches its followers have high moral standards means that
ultimately brings happiness in this world and the hereafter.
 to provide guidance for all human action or practice is in accordance with the will
of ALLAH.

5. ISLAMIC JURISPRUDENCE
 The word “Fiqh” is an Arabic term meaning “deep understanding” or “ full
comprehension”. Fiqh or Islamic jurisprudence is the source of a range of
laws in different topics that govern the lives of the Muslims in all aspects of
everyday life.

6. The Differences Between Fiqh and Shar’Iah
Fiqh
1. A body of laws deduced from the
Shar'eeah to cover specific
situations not covered in the
Shar’eeah.
2. Fiqh changes according to the
circumstances surrounding it.
Shar’eeah
1. Shar’eeah is the body of laws
found both in the Qur'an and
Sunnah.
2. Shar’eeah is fixed and
unchangeable.

7. The Comprehensiveness of Fiqh
 Worship- this aspect of Fiqh is dealing with Salah, Zakat, Siyaam, and hajj.
 Politics- this aspect of fiqh deals with the organization of government and
governmental organizations in regards to the Muslim nation.
 Peace and war- this aspect of fiqh deals with foreign relations with other
countries depending on the current condition that exist between the Islamic
state and those countries.

8. THE SOURCES OF ISLAMIC
JURISPRUDENCE
 Adopting specific sources to derive laws is a major subject in Usul al Fiqh.
The “Qur’an” , “Sunnah” , “Ijma” as Sahabah (consensus of the
Companions) and “Qiyas” are four sources in Islam which are accepted by
almost all of the scholars.

9. TYPES OF SOURCES OF
ISLAMIC
JURISPRUDENCE
Primary sources:
 Holy Quran
 Hadith (Sunnah)
Secondary sources:
 Consensus (Ijma)
 Analogy (Qiyas)

10. The Qur’an

11. Holy Quran
 The first and the most authentic source of knowledge About Allah’s
commands is Allah’s Book i.e. The Holy Quran.
 The Holy Quran is the last divine book of Allah Almighty which was
revealed upon the last Prophet(S.A.W).

12. Importance of Quran
 “Alif-Laam-Mim, thus al-Qur'an that there is no doubt about it, it is a
guide to those who believe. "(Surah Al-Baqarah 2:1)
The basic guiding principles laid down in the Holy Quran:
Moderate spending.
Prohibition of usury and gambling.
Trade with mutual consent on contractual basic is lawful.
Permission to use lawful things and prohibited of unlawful things.
Obligation to pay Zakat (poor’s due)

13. QURAN AS A SOURCE OF LAW
 The early revelations(wahi) revealed in Makkah deal largely with
beliefs and morals.
 It was later, after the prophet’s (PBUH) migration to Madinah
when Muslims lived in an organized society that the principles
regarding crime, succession and international law were revealed.
 The basic law in Quran is mainly contained in a simple sentence
on which whole structure of law can be built.
EXAMPLE
GIVE FULL MEASURE WHEN YOU MEASURE AND
WEIGH WITH A BALANCE THAT IS STRAIGHT.
(17:35)

14. Sunnah and Hadith

15. SUNNAH
 Sunnah linguistically, means a path or a way.
Sunnah refers to all that is narrated from the Prophet (SAW) which
includes:
 his acts
 his sayings
 whatever he has approved

16. SUNNAH AS SOURCE OF LAW
The holy quran being the word of allah treats major issues and often
deals with subjects in brief terms, leaving details to be explained by
holy prophet(pbuh).
Example:
In the quran we are commanded to pay zakat by all muslims. But the
percentage and exact amount is unspecified. All these details were
learnt by the prophet’s(pbuh) words. The clarification of the quran
was provided by the holy prophet(pbuh).
“No sadaqa(zakat) is payable on less than five grain or dates or less
than five camel heads and on less than five silver.” (Muslim)

17. TYPES OF SUNNAH
 Qaoli (verbal): consists of the sayings of the Prophet (SAW) on any
subject. Example: “He who cheats is not one of us”.
 Taqiri (Approval): consists of the approval of the Prophet (SAW).
If something was done in front of him (SAW) and he (SAW) didn’t
stop of it, then it is considered an silent approval. As an example, the
Prophet (SAW) approved the way women prayed in the mosque,
separate from the men, but in the same room.
 Faili (Actions) consists of the Prophet (SAW)’s deeds and practices,
such as the way he (SAW) used to pray or perform Hajj.

18. THE SIX BOOKS OF RELIABLE
HADITH
The six books of hadith compiled by the four great imams are
usually consulted to formulate laws in Islam. They are:
 SAHIH BUKHARI COMPILED BY, IMAM MUHAMMAD IBN ISMAIL-
ISMAIL-AL-BUKHARI (194—256) A.H.
 SAHIH MUSLIM COMPILED BY, IMAM MUSLIM IBN HAJJAJ (202—
261) A.H.
 AL JAMI COMPILED BY , AL-TIRMIZI (210—279 A.H.)
 KITAB AL SUNNAH COMPILED BY, AL-NASAI (215—303 A.H.)
 AL SUNAH COMPILED BY, ABU DAWUD (205—275 A.H.)
 KITAB AL SUNNAH COMPILED BY, IBN MAJAH.

19. Secondary sources
 Ijma
 Qiyas

20. Ijma (Consensus of Opinion)

21. Consensus (Ijma)
 Literal meaning: determination / resolution / uniting in opinion
 Technical meaning: consensus of the mujtahidden

22. Ijma
 It helps to decide a dispute or issue.
 It can operate only where Quran and Hadith have not clarified a
certain aspect of law.
 Agreement among the mujtahideen in a particular period after the
death of Prophet(PBUH) upon a role of Islamic law.

23. IJMAAS SOURCE OF LAW
THE HOLY PROPHET(PBUH) SAID,
“Whatever the Muslims hold to be good before Allah. It is
necessary upon you to follow the most numerous body.
Whoever separates himself from the main body will go to hell. If
you yourselves do not”

24. Consensus (Ijma)
 Example of Ijma :
The 20 rakat of Tarawwih Salah that is prayed in Ramadan from the 1st of
Ramadan until the last day of Ramadan every day, and which is prayed after Isha
Salah and in which the whole Quran is recited. This was the Ijma of the
Shaba(R.A) during the time of Umar(R.A), this is carried right from the time of
Umar(R.A) until today in both Makah and Medina the tarawihh is prayed 20 rakat
as part of Ijma of sahaba.

25. Qiyas (Analogy)

26. Qiyas (Analogy)
 Literal meaning: To compare one thing with other

27. qiyas
 Extrapolating a ruling on a new issue after a
comparison with an original ruling (origin),
because of mutual link in the reason behind the
original ruling.

28. QIYAS AS A SOURCE OF LAW
According to a hadith,
“Where there is no revealed injunction, I will judge amongst you
according to reason.”
The general principle behind the process of qiyas is based on
understanding that every legal injunction guarantees a beneficial and
welfare objective. Thus if the cause of an injunction can be deduced
from the primary sources, than analogical deduction can be applied to
cases with similar causes.

29. EXAMPLE:
“MARIJUANA IS FORBIDDEN JUST AS
WINE DUE TO INTOXICATION”

30. THE objectives OF ISLAMIC LAW
 To achieve happiness for humans in this world and the hereafter, by
following the law of adopting the good and neglecting the bad.
 The islamic law does not command anything that is bad for people.
 The islamic shari’ah has established , reserved and constructed the rulings
for five necessities.

31. Importance
These five objectives are derived from shari’ah therefore, every society should
preserve and protect these five necessities; otherwise human life would be harsh,
brutal, poor, and miserable here and in the hereafter.
Prophet mohammad, warned muslims, said:
“avoid the seven great sins.” His 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, earning money by interest,
misuse and benefiting from an orphan’s money, running away from the
battle, and defamation the faithful pure women, who did nothing wrong.”

32. objectives of islamic jurisprudence
There are five objectives of Islamic jurisprudence:
 1. Hifzud din = preserve religion
 2. Hifzun nafs = preserve soul / life
 3. Hifzul `aqal = preserve common sense
 4. Hifzun nasl = preserve offspring
 5. Hifzul mal = preserve propety

33.  Religion is the sum of beliefs, rituals and rules commanded by Allah to regulate
people's relationship to their lord and relationships with each other.
In order to establish the first necessity, religion, all the required things that are
needed as beneficial tools to establish it were already contained in the divine law,
such as: all the principles, the belief in angels, messengers, the day of judgment,
and so on.
RELIGION

34. Allah (S.W) obligated the community and the government to protect religion
and to ease the means of practicing it.
Holy Quran says:
“and whoever desires other than islam as religion - never will it be accepted
from him, and he, in the hereafter, will be among the losers.” (3:85).
IMPORTANCE

35. LIFE
 Islam teaches us to preserve one’s soul as it is the most fundamental
principle of all.
 Islam has not only protected the soul from being killed or wasted but also
established a set of rules to ensure its welfare spiritually and humanly—
that is to secure surviving needs such as food, marriage, shelter, drinks
and clothing.

36. LIFE
Holy Quran says:
“do not kill the soul which Allah has forbade except by right. This has He
instructed you that you may use reason.” (6:33)

37. Allah has commanded us to preserve our minds and has forbid all the means to
disable it through the toxicities, alcohols.
Allah almighty has made humans his successor on earth by the grace of the mind,
which means the ability to distinguish between good and bad and making choices,
and solving the difficulties in life.
Holy Quran says:
“O you who have believed, indeed, intoxicants, gambling, stone alters , and
divining arrows are but defilement from the work of satan, so avoid it that you may
be successful.” (5:90)
INTELLECT

38. Holy Quran says:
“behold! In the creation of the heavens and the earth, and the alternation of night and
day, there are indeed signs for men of understanding.” (3: 190).
INTELLECT

39. Allah calls humans to keep their progeny by forming families through marriage.
For the sake of protecting it, shari’ah has forbade adultery and assigned a legal
punishment for whoever commit it.
In quran the forbiddance of adultery is stated clearly and affirmly.
Allah says:
“the [unmarried] woman or [unmarried] man found guilty of sexual intercourse -
lash each one of them with a hundred lashes, and do not be taken by pity for them in
the religion of allah , if you should believe in allah and the last day. And let a group
of the believers witness their punishment.” (24:23)
PROGENY

40. PROGENY
 Islam forbids the burying of child alive or intentional abortion, and
considers it a great sin.
Holy Quran says:
“Kill not your children for fear of want: we shall provide sustenance for them
as well as for you. Verily the killing of them is a great sin.” (17: 31).

41. Wealth
 Shari’ah has commanded for the purpose of preserving human’s wealth.
 It also forbids and placed punishments upon theft, , treason and consuming
people’s wealth unjustly.
Allah Almighty says in Holy Qur’an:
“Give them something yourselves out of the means which Allah has given to you.”
(24: 33).

42. WEALth
Once, the Prophet’s companions noticed the activeness and the hard working of
a man, they asked the Prophet saying, “We wish that his hard work was for the
cause of Allah (S.W).” Prophet Mohammad(SAW) replied:
“If he did so to care for his children, his old parents, or for himself , it is for
Allah’s (S.W) cause, and if he did so for pride and hypocrisy, then it is for
Satan’s cause.”

43. That’s all
Thank you for your attention.