For students of LL.B. I Semester 1

1. One-Day Sessional Seminar
On
The Nature of Islamic Law
28th May, 2016
For LL.B. (Five Years) Semester 1st
Asmatullah kakar

2. Unit
03
Nature of Islamic
Law
 On completion of this Unit the students shall be able to
answer the following questions
 How can law be defined from Islamic perspective?
 What is the nature of Islamic Law
 What are the purposes and functions of Islamic Law?
 How can Islamic Laws be classified?

3. Law (‫)حکم‬ – Its Definition
A Communication from God with
reference to men’s acts, expressive
either of demand or indifference on
His part, or being merely declaratory.
Sir Abdul Rahim

4. Nature of Islamic Law
• Commands
• Must and must not do
• May or may not do or
• Ought or ought not do
• e.g. of formation of a
contract
Communication
Not Doing Doing
Violation = OmissionViolation = Commission
Wajib/Fard
Makruh
Mubah
Mandub
Permissible

5. Nature of Islamic Law
God as
Law
Giver
Iman or
Faith
Sanctions
Scope
Essentials
• God the only law-giver
• However, promulgated through Prophet
Muhammad
• The most important essential
• Belief in God and acknowledgement
(‫)تصدیق‬ of His authority over one’s
actions
• Award: in hereinafter life
• Penalty: two types:
• ‫عقاب‬ = In this world (Punishments)
• ‫عذاب‬ = In hereinafter life
• Commands: Must/must not do
• Indifference: May/may not do
• Declaratory: Informing something

6. Nature of Islamic Law
Elements
‫حاکم‬ (Law-Giver)
‫حکم‬ (The Law)
‫بہ‬ ‫محکوم‬ (The Objectives of Law)
‫علیہ‬ ‫محکوم‬ (The Subjects of Law)
 The ultimate law-giver is God, however, limited
powers have been given to Muslims through Ijtihad
 Communication of the nature of:
 Commands,
 Indifference, or
 Declaratory
 To which the communication relates i.e. Acts, Rights
and Obligations
 Muslims are full – non-Muslims are limited subjects

7. Purposes and Functions of Islamic Law
Individual Development
&
Social Welfare
Restraining the Freedom
&
Securing the submission of
the will to Allah

8. The Forms/Kinds of Human Acts Under Islamic Law
Wajib or Fard – Obligatory Act
MandubCommendable/Voluntary Act
Mubah Permissible Act
Makruh Dislike/Condemended Act
Haram Forbidden Prohibited Act
The
Hierarchy of
Human Acts
Under
Islamic Law

9. Revealed
Unrevealed
Defining
Declaratory
Perfect
Imperfect
Certain
Presumptive
Religious
Secular
Strict
Modified
Public
Private
Repealing
Amending
Classification of
Islamic Laws
Law of
Persons
Law of
Evidence
International
Law
Law of
Procedure