ISLAMIC JURISPRUDENCE

Introduction
Jurisprudence has been derived from Latin word jurisprudentia.

Juris means law.

Prudentia means knowledge.

So jurisprudence is the knowledge of law.

Islamic means related to Islam

Definition of Islamic jurisprudence:

Also referred as fiqh in Arabic and the literal meaning of fiqh is knowledge or understanding.

Islamic jurisprudence deals with the understanding, interpretation and practical application of
Islamic laws in various aspects of Muslim’s life. So what we are going to learn is what the
Islamic law is and what it ought to be.

We will try to understand:

 What is the history and growth of Islamic legal system

 Muslim school of thoughts (Sunni school of thoughts)

1. Hanafi school of thoughts
2. Maliki school of thoughts
3. Shafi school of thoughts
4. Hambli school of thoughts

 What is the science of law, law and classifications of law

 Sources of law
1. Quran
2. Sunnah
3. Ijma
4. Qiyas
5. Istedlal
6. Istehsan
7. Ijtehad and taqlid
HISTORY OF THE GROWTH OF ISLAMIC LEGAL SYSTEM

Origin. Arabia

The Islamic code includes many rules of pre Islamic customary law which have been embodied
in it by express or implied recognition.

CUSTOMS AND USAGES OF THE ARABS BEFORE ISLAM

Constitution of Arab society

 Divided into tribes and sub tribes
 Often at hostilities with each other
 Mostly Arab were Bedouins
 Bulk of Arabs were idolaters
 Few were Christians and Jews

The chief and its function

 No certain constitution
 No settled government
 Each tribe have own chief
 Chief was generally noble, respected and wise man

Status of Ka’ba
 Non migratory population of Mecca were the custodian of Ka’ba.
 Not only a place of worship but also of many social and political ceremonials.

In case offence is committed:

Oaths

Oaths formed an important part of the procedure in settling a dispute.

Punishment by retaliation

The principle of punishment for all the crimes against the person was retaliation computable to a
payment of blood, money or compensation for the injury.
Other forms of punishment

 Cut off the right hand of thieves

 Stoned to death
 Blackening the face and flogging

Dower and marriage

 Fixing of dower was in vogue

 Woman was not a free agent in marriage
 No restriction as to the number of wives

LAW AND THE SCIENCE OF JURISPRUDENCE AFTER THE

PROMULGATION OF ISLAM

Mohammad (P.B.U.H) preached Islam not merely for the municipal government of
the Arabs, but for the guidance of men’s lives generally.

The history of Islamic law and jurisprudence broadly divided into four periods.

 The first period

 The second period
 The third period
 The fourth period

The first period:

 Commenced with the Hijrat of prophet to Medina (622 AD) and ended with
his death (632 AD)
 Also called as legislative period
 Laws were enacted by divine legislator in words of Quran and by precepts of
Muhammad (P.B.U.H)

The second period:

 Also called “period of emulation”.

 Time of companions of prophet.
 Collection and interpretation of laws.
 Starts after the death of prophet(P.B.U.H)
 Quran and precepts of prophet were left for the reference and instruction
  Fresh facts and new circumstances arose including election of caliph,
collection of Quran and administration of justice.
 Madina and Kufa were places of scared learning.

The study of law and traditions during the Umaiyad caliphate

 Move the seat of caliphate to Damascus

 The law during their reign grew and developed only in the lecture rooms of
professors.

The study of jurisprudence during Abbasides

After the fall of Umaiyads the Abbasides came in power

 They loved to patronize learning and extended special encouragement to the

jurists.
 In their time Baghdad became the center of culture and attracted jurists and
traditonists.

The third period

Foundation of Sunni schools of law

 During the reign of Abbasides the four sunni schools of thoughts were
founded
 The principles of these four schools are substantially the same and they
differ from each other merely, in matters of detail.

The fourth period

 After the close of the third century of the Hijra, no one has succeeded in
obtaining the recognition of the Islamic world as an independent thinker in
jurisprudence.
 A succession of jurists have applied themselves to the task of completing the
work done by th founders of the four schools.