Registration No: BA.

LLB/1-20/M01042

Student Name: Abdul Sammi

Title of Assignment Mid Term Exam

Title Of Course: Islamic Jurisprudence

Name of Faculty Member Mr. Aijaz Ahmed Jatoi

Submission Date: 30-July-2021

Group No: -

Islamic Jurisprudence | Mid Term Assignment 1

 Q. 1
Write detail about Ijtihad and Taqlid also explain Taqlid in Pakistan Legal system

Ijtihad

Ijtihad, according to the lexicographers, is derived from ‘juhd', which means employment of
effort or endeavor in performing a cer-tain activity.
Ijtihad is a technical term of Islamic law that describes the process of making a legal decision by
independent interpretation of the legal sources, the Qur'an and the Sunnah. A person who
applied ijtihad was called a mujtahid, and traditionally had to be a scholar of Islamic law or alim.
it is recognized as the decision-making process in Islamic law through personal effort, which is
completely independent of any school of jurisprudence. As opposed to taqlid, it requires a
“thorough knowledge of theology, revealed texts and legal theory; an exceptional capacity for legal
reasoning; thorough knowledge of Arabic.” By using both the Qur'an and Hadith as resources, the
scholar is required to carefully rely on analogical reasoning to find a solution to a legal problem,
which considered to be a religious duty for those qualified to conduct it. Thus, a mujtahid is
recognized as an Islamic scholar who is competent in interpreting sharia by ijtihad. Today, there
are many different opinions surrounding the role of ijtihad in modern society, and whether or not
the “doors of ijtihad are closed.”

Taqlid

Taqlid is an Arabic term in Islamic legal terminology. It literally means "to follow", "to imitate".
In Islamic legal terminology it means to follow a mujtahid in religious laws and commandment as
he has derived them, that is; following the decisions of a religious expert without necessarily
examining the scriptural basis or reasoning of that decision, such as accepting and following the
verdict of scholars of jurisprudence without demanding an explanation of the processes by which
they arrive at it, hence adherence to one of the classical schools of jurisprudence. Taqlid may be
contrasted with independent interpretation of legal sources by intellectual effort.
Those Sunnis who affirm taqlid believe that the legal scholars of the early period were uniquely
qualified to derive authoritative legal opinions, binding upon the whole Muslim community, from
the source materials of Islamic law, the Qur'an and the Hadith (traditions concerning the
Prophet’s life and utterances). In the early period, a series of great legal scholars exercised
independent interpretation (ijtihad) of the sources, carrying out their efforts through the use of such
legal tools as analogical reasoning (qiyas).

Islamic Jurisprudence | Mid Term Assignment 2

 Explain Taqlid in Pakistan Legal system

Taqlid in Pakistan Legal System

The constitution of Pakistan, 1973 permits Taqlid in articles 189 and 201. These articles make the
judgments of the supreme court binding on all courts and the judgments of the High court's binding
on courts subordinate to them. When the lower courts follow the opinions of the higher courts,
they are performing Taqild. The law of binding precedent under Articles 189, 201 and 203GG
means that in Pakistan taqlid is institutionalized. Thus, on the one hand, precedent is binding and
on the other hand, Islamic law is enforced by the national courts. The result is that the decisions
of the superior courts concerning Islamic law become precedents. This is a unique blend found in
Pakistani law. The same is true of Bangladesh and India where Islamic law is enforced by the
national courts.

----------------------------------

Q. 2
Write what are the sources of Islamic Jurisprudence explain in Detail

Islamic Jurisprudence
Islamic Jurisprudence is a code of basic principles which determine the relationship between
man and God on one hand and among the individuals themselves. It prescribes the limits to do or
not do certain things. It is derived from the following sources.

sources of Islamic Jurisprudence

Sources of Islamic Jurisprudence is classified into two categories.

1. Primary Sources
Primary sources are those on which Muslim law relied on. These sources are the
foundation of Islamic Jurisprudence. Primary sources of Muslim law are:
• Quran
• Sunnah

Islamic Jurisprudence | Mid Term Assignment 3

 2. Secondary Sources
These sources are not basic sources of Islamic Jurisprudence but the supplementary
sources of Muslim law. The secondary sources of Muslim law are:
• Ijma
• Qiyas
• Ijtihad
• Ihtihsan
• Urf or Custom

Primary Sources
Quran
The word Quran has been derived from the Arabic word Quarra which means to read and refers
to the book embodying the revelation from Allah to Prophet Muhammad in Mecca and Medina.
The Quran is, Al-furqan i.e., one showing truth from falsehood and right from wrong.
Quran includes many commandments, rules and principles for the behavior and relations of
individuals in the society. Most of its principles are general in nature though some of them are well
defined. The words of Quran are final and no one can change its text.
The Qur'an was written and preserved during the life of Muhammad, and compiled soon after his
death.
Quran is words of Allah. If you need any answer of a question according to Islam then Quran is
the first source to find the answer.

Sunnah
Sunnah is translated as the path or way of Prophet Muhammad (PBUH). The Sunnah consists of
the sayings, deeds and words of Prophet Muhammad (PBUH) which are not revelations of the
Quran. In order to understand the teachings of Quran, the understanding of Sunnah is
compulsory.
There are three types of Sunnah.
1) The sayings of the Prophet – Sunnah Qawliyyah/Hadith.
2) The actions of the Prophet – Sunnah Al Filiyya.
3) Sunnah Taqrīriyyah, practices prevailing at the time of the Prophet which he did not oppose or
prohibit

Islamic Jurisprudence | Mid Term Assignment 4

Since Quran is complex and it's hard for some people to deduce the message behind some verses.
So, Hadis is chosen to find the answer if it's not found in Quran

Secondary Sources
Ijma
Ijma means the consensus among Islamic jurists on matters within the limits of Quran and
Sunnah.
More simply If answer is not found in Hadis too then Ijma is used. Ijma is done by a meeting of
some scholars who find an answer by relating it to Quran and Hadis. The answer on which most
scholars agree is taken as the answer of that particular question/topic.
Ijma as a source of Islamic Law has a great importance. It helps in interpretation of laws according
to the changing needs of times and new legislation can be made through consensus of opinion.

Qiyas
Qiyas means to conclude general principle from Quraan and Sunnah to generalize the Versus or
Hadith. If answer is not found in any of the sources mentioned above then Qiyas is done. Qiyas
is using your own mind to find an answer of a question. This answer must not go against above
mentioned sources and should be related to them.

Istihsan
Istiḥsan in Islamic law, juristic discretion i.e., the use of a jurist’s own judgment to determine the
best solution to a religious problem that cannot be solved by simply citing sacred texts. Istiḥsan
found special application as Islam spread to new lands and encountered new environments.

Ijtihad
Ijtihad is one of the sources of Islamic law. If a matter is not resolved expressly in Quran and
Sunnah and by the way of Ijma the jurist must not leave the matter unresolved rather he should
strive hard to find out the solution under the light of Quran and Sunnah.

Urf or Customs
Urf is also a secondary source of Islamic Jurisprudence. Urf is the common practice among the
Muslims as their common habit or a’ada. Custom has not been recognized as a source of law in a
Islamic Jurisprudence. However, it cannot be denied that custom has always been given a place
under Muslim law, if it is in conformity with Muslim law.

Islamic Jurisprudence | Mid Term Assignment 5

 -----------------------

Q. 3
Discuss that the discipline of the schools of law are not sects but systems of Interpretation

Schools of Muslim Law Islam is pre-eminently, democratic and republic one, and the people's
religion par excellence. Though great freedom of opinion is allowed, but it should be noted that in
Islam all institutions like political, legal and social etc. are guided by divine law and their freedom
is within the bounds of Allah’s Commands. The basis on which all Schools of Islamic
jurisprudence developed their doctrines is the same and it only in matters of secondary nature, they
differ each other. These differences are due to their various methods of interpretation of the Holy
Quran and the Sunna, the fundamental sources of Islamic law. All Schools accepted the
superiority of these fundamental sources and based their system on them and with their own way
of understanding and interpreting them. Thus, they are the stream of one ocean that is Sharia and
their aim is to guide the people towards understanding of Islam and in following the right path and
thereby to obey Allah’s Commands in which lies his, the welfare of individual, as well as the
society in general.

The world’s 1.6 billion Muslims are united in their belief in God and the Prophet Muhammad
and are bound together by such religious practices as fasting during the holy month of Ramadan
and almsgiving to assist people in need. But they have widely differing views about many other
aspects of their faith, including how important religion is to their lives, who counts as a Muslim
and what practices are acceptable in Islam, according to a worldwide survey by the Pew Research
Center’s Forum on Religion & Public Life.

The survey, which involved more than 38,000 face-to-face interviews in over 80 languages, finds
that in addition to the widespread conviction that there is only one God and that Muhammad is
His Prophet, large percentages of Muslims around the world share other articles of faith, including
belief in angels, heaven, hell and fate (or predestination). While there is broad agreement on the
core tenets of Islam, however, Muslims across the 39 countries and territories surveyed differ
significantly in their levels of religious commitment, openness to multiple interpretations of their
faith and acceptance of various sects and movements.

The original difference between Sunnis and Shias is over who the true first successor to
Muhammad is. Shias believe Ali ibn Abi Talib is the true successor to Muhammad, while Sunnis
consider Abu Bakr to hold that position. The Khawarij broke away from both the Shias and Sunnis

Islamic Jurisprudence | Mid Term Assignment 6

during the First Fitna (the first Islamic Civil War) and subsequently opposed both the Shias and
the Sunnis, often violently.

The End!
Thank You

Islamic Jurisprudence | Mid Term Assignment 7