NAME.

: ABDULRAZZAQ
REG NO: BA.LLB/1-21 M01008
SUBJECT : INTRODUCTION TO LAW
SUBMITTED TO: Sir Waqar
SUBMISSION DATE:11/September/2021

Question No.1 What are the principle reassets of Islamic regulation and
give an explanation for any 3 in detail?
ANS: SOURCES OF ISLAMIC LAW
The primary reassets of Islamic law are the Holy Book (The Quran), The
Sunnah (the traditions or appeared practices of the Prophet
Muhammad ), Imam' (Consensus), and Qiyas (Analogy). In this section
of the research guide in particular offers the primary reassets that
encompass the actual rules of law created thru the God and the Prophet
Muhammad. These reassets are given underneath 1. Al-Qur’an 2.
Sunnah three. Hadith (Hadees) four. Imam 5. Qiyas

1. AL-QUR’AN The Holy Quran is the number one and most critical
deliver of Islamic law. The word Qur’an truely means “the reading” or
“the recitation”, and refers to the divinely observed out scripture given
to Prophet Muhammad. Since Prophet Muhammad is considered the
very last prophet of God, the Qur’an is considered the ultimate
revelation from God to humanity. The Qur’an is the ee-book observed
out the messenger of Allah, Muhammad (PBUH) as written withinside
the Mashaf and transmitted to us from him thru true non-forestall
narration (tawatur) without doubt. Other jurist defines that the Qur’an is
the terms of Allah (Exalted) which have been observed out to the
Prophet (PBUH) in Arabic thru the Angel Jibril. As an entire code of life
in terms of its stated morality and legal guidelines, the holy Quran
guides humans in spiritual and worldly matters, further to man or
woman and collective elements of life. The holy Quran, the very last ee-
book of Allah Almighty which He observed out on Prophet Muhammad
(PBUH), is the muse of religion and the fountainhead of Islamic law.
This is an entire ee-book and a code for man’s steering. It is addressed to
the entire humanity without the discrimination of race, colour, religion
or time. It is the number one deliver of Islamic law and, without any
doubt, is the recipe for fulfillment in this worldwide and the hereafter.
We can say in extraordinary terms that, Muslims be given as proper with
that the Quran is the direct word of Allah (SWT), as observed out thru
Muhammad (SAW). All reassets of Islamic law want to be in critical
agreement with the Quran. The Quran emerge as written and preserved
during the life of Muhammad (SAW), and emerge as compiled quick
after the loss of life of Muhammad (SAW). As the Qur’an emerge as
observed out over a period of twenty three years in phrases of specific
events.
2. SUNNA (SUNNAT) The Sunnah is the following critical deliver, the
Sunnah or direction or way of Prophet Muhammad (PBUH). The
Sunnah consists of the sayings, deeds and terms of Prophet Muhammad
(PBUH) which are not revelations of the Quran. In order to apprehend
the instructions of Quran, the knowledge of Sunnah is compulsory. It is
the traditions or appeared practices of the Prophet Muhammad,
accepting terms, deeds, silent assertions about him and statements and
activities, a variety of which have been recorded in versions of Hadith
literature. three. HADITH (HADEES) Literally because of this that of
Hadith “talk" or "discourse") in Islam refers to what Muslims be given
as proper with to be a document of the terms, actions, and the silent
approval of the Islamic prophet Muhammad. Hadith have been referred
to as "the backbone" of Islamic civilization, and inner that religion the
authority of hadith as a deliver for religious law and moral steering ranks
2d fine to that of the Quran (which Muslims keep to be the word of God
observed out to his messenger Muhammad). Scriptural authority for
hadith comes from the Quran which enjoins Muslims to emulate
Muhammad and obey his judgments. While the extensive sort of verses
referring to law withinside the Quran is exceptionally few, hadith deliver
course on the whole thing from statistics of religious obligations (along
side Ghusl or Wudu, for salat(Namaz) prayer), to the best forms of
salutations and the importance of benevolence to slaves. Thus the
"terrific bulk" of the rules of Sharia (Islamic law) are derived from
hadith, with than the Quran.
3. Ijma
The third source of law, the ijma or scholarly consensus, reflects the
importance of the law assigned to the Muslim community. The Muslim
society needs such rule-making power to meet practical problems for the
implementation of Islamic Shariat (Islamic law). Ijma is technically
defined as the consensus of jurists of a certain period of time on a
religious matter. Ijma is considered sufficient evidence for action
because the Prophet if Islam said, “Muslims will never agree on a wrong
matter.” As such the scholarly consensus of Islam on any religious
matter is a source of law in Islam (Ref: Principles of Islamic
Jurisprudence by M. Hashim Kamali).

Ijma or unanimous consent

Ijma constitutes the unanimous agreement of a group of jurists of a

particular age on a specific issue and constitutes the fourth and final
source of law in Shafi’s methodology. If questions arise about the
interpretation of the Qur’an or an issue where there is no guidance from
the Qur’an or the Sunna, jurists apply their logic (ijtihad) to the
interpretation. Over time, “an interpretation would be accepted by more
and more doctors of law. Given the evolving consensus of scholars, it
can be concluded that the issue had become a scholarly conundrum.” 8
Unfortunately, There was rarely a unanimous consensus among the
intellectual elite, and since there were always diverse opinions, one
could always find several scholars of the time who agreed on an issue, as
well as the definition of ijma and which ijma would be considered
valid. , was the subject of controversy, because ijma is not simply the
consensus of all past jurists. Furthermore, using the concept of ijma
poses the problem of looking to the past to solve future problems, and
older scholars considered the same issues. But did not wrestle those who
are challenging the Muslims today.

4. Qiyas
Qiyas, the fourth important source of Islamic law, is reasoned by
analogy. In order to apply Qiyas in similar cases, the cause or cause of
Islamic rule must be clear. For example, because the Qur’an explicitly
states that the consumption of alcohol is prohibited (because it causes
the user to lose control over their actions), an analogy can be drawn to
drugs that induce similar effects. But because the Qur’an does not
specifically state why pork is banned, Muslims cannot justify banning
any other meat product with a similar cholesterol level. The use of
similes varies greatly among scholars; For example, Ibn Hazam (10th
century) of Spain, who was a strong supporter of the Zahiri school,
rejected the use of qiyas, while Abu Hanifa, imam of the Hanafi school
(8th century), applied them extensively.

Qiyas or analogy is used in relation to problems about which there is no

specific provision in the Qur’an or the Sunnah of the Prophet. In such
issues, scholars have derived the law on a somewhat similar position by
means of similar deduction based on the provisions of the Quran and
Sunnah. Scholars have developed detailed theories of analogy deduction
or qiyas in the books of Islamic jurisprudence.

Qiyas is a type of Ijtihad. The Prophet has permitted Ijtihad which

literally means ‘to strive’. Technically it means trying to make an
independent decision on a legal issue. Ijtihad is the Islamic way of
coping with new situations and problems in the light of the general
principles of the Book of Allah SWT), the Quran and the traditions of
the Prophet or Sunnah.

Besides qiyas, there are other methods of ijtihad such as istihasan (which
is the legal precedence from various interpretations) and masalaha
(which is the moral consideration).

In addition to the above sources, the practices of the Khulafa-i-Rashidun

(the first four rulers of Islam), the judgments of the judges and the
customs of the people are also considered sources of Islamic law in
matters that are not spelled out in the Quran and Sunnah.

Conclusion:
However the Prophet’s traditions have been questioned for their
authenticity. There was also debate as to the extent to which the
traditions were religiously mandated (see for the term). There was much
debate over the use of similes. Furthermore, there was little unanimous
agreement among Islamic scholars regarding unclear issues.

Question No. 2 What do you apprehend through the term “Common

Law” and intricate the similarities and dissimilarities with Common Law
and Civil Law criminal device?
ANS
There are so many different characters which differentiate both legal
syste:m from one and another:
FOR EXAMPLE: In the common law countries judicial decisions has
important role and it is a primary source of law.
Where as
In civil law system countries base their structure on statues which is the
primary source of law in civil law countries.

Similarities and dissimilarities between sivil and common law

(i) Legal system
In civil law system the principal are properly codified which
save as a primary source of law.
Where as
In common law system is defined through case law and
developed through decision of judges.

(ii) Role of judges

In civil law the role of the judges is to establish facts of the case.
B Where as
Common law system primary role judges is to make precedent
and decided the matters.

(iii) Countries
Countries following legal system civils are as follows:
• Spain • China • Germany • Japan
Where as
Countries having common law are as follows
•Australia • India • England • canada • US
(iv) Constitution
Civil law countries have their own written constitution.
Where as
Common law have no written constitution

(v) Reliance of Precedence

Civil law legal system do not rely upon precedent.
Where as
Common law legal system rely upon precedent..
(vi) Jury opinion
In civil law jury opinion is deductive.
Where as
Common law jury opinion is inductive.

(vii) Source
Following are the Sources of

Civil law Common law

1 Constitution. 1 European Law
2 legislation. 2 Legislation
3 statues. 3 statues
4 Customs. 4 Customs
5 legal writing. 5 judicial precedent
The criminal counselors know, lawful frameworks in nations across the
world through and large drop into one in all: There
are generally 150 nations which have what may
be portrayed as fundamentally gracious regulation frameworks, while th
ere are about eighty not unusualplace regulation nations. The
most contrast among the frameworks is that during not unusualplace
regulation countries, case regulation — inside
the frame of distributed criminal suppositions — is
of essential importance, while in gracious regulation frameworks,
codified statutes prevail. But those divisions aren't as simple as they
might appear.
In reality, numerous nations utilize a blend of highlights from not
unusualplace and respectful regulation frameworks. Understanding
the contrasts among those frameworks to start with calls for an expertise
of their chronicled underpinnings. The Authentic Beginnings of
Common and Respectful Law Systems The specific supply of the not
unusualplace regulation framework may be followed lower back to the
English government, which utilized to problem formal orders referred to
as “writs” when equity required to be done. Since writs have been now
no longer adequate to cowl all circumstances, courts of value have
been eventually set up to listen court cases
and plan fitting cures primarily based totally
on impartial standards taken from numerous reassets
of specialist (including Roman regulation and “natural” regulation). As
those choices have been accrued and distributed, it were given to
be conceivable for courts to see up precedential suppositions and
practice them to modern-day cases. And on this way the not
unusualplace regulation developed. Civil regulation in different
European countries, on the opposite hand, is through and
large followed lower back to the code of legal guidelines compiled
through the Roman Head Justinian round six hundred
C.E. Definitive lawful codes with roots in those legal guidelines (or
others) at that point created over numerous centuries
in extraordinary nations, driving to comparable legitimate frameworks,
every with their possess units of legal guidelines.

Question No. 3 What are the principle Functions of Law, Explain any
two in detail?

ANS: Why we require Law? What capacities does regulation have in

your territories? As the problem of definition of
regulation, there's no assention among researchers as to the capacities of
regulation. Legal
scholars have communicated distinctive sees about the reason and work
of regulation. It is widely known that regulation can be
a energetic concept, which continues on converting with time and place.
It must alter with changes inside the society. Law, inside the gift
day sense, is taken into consideration now no longer as an conclusion in
itself, but can be a implies to an conclusion. The give up is securing of
social equity. Nearly all scholars concur that regulation is an tool of
securing equity. As Salmond appropriately pointed out, “regulation can
be a frame of standards diagnosed and connected through the
State inside the organization of equity.
4 main features of regulation, namely:
(1) upkeep of regulation and order in society
(2) to hold repute quo in society
(3) to make sure most freedom of individuals
(4) to meet the simple wishes of the humans
The protest of regulation is to guarantee equity. The equity can be both
distributive or remedial. Distributive equity seems
for to guarantee reasonable dissemination of social advantages and
burden a few of the individuals of the community. Remedial equity, on
the opposite hand, seems for to cure the off-base. Hence at the off hazard
that a individual wrongfully takes ownership of another’s property, the
courtroom docket might coordinate the previous to reestablish it to
the ultimate mentioned. This is often remedial equity. Run the show of
regulation is sine qua non for even-handed agreement of equity.
It suggests that every one is wreck even with a while recently regulation
and regulation expands upward thrust to security to everybody;
judges ought to give equity with out worry or support and prefer
cases ought to be dealt with alike It must, be that as it could,
be expressed that equity alone isn't the because it have been objective of
regulation. The idea of regulation speaks to a essential struggle among
diverse wishes, specifically, the require for consistency and
the require for adaptability. Uniformity is required to deliver reality
and consistency. That's , in which legal guidelines are settled and
generalized, the citizen can arrange his/her exercises with a degree of
reality and anticipate the lawful end result of his/her
conducts. Usually indeed more critical in case of sure legal
guidelines, eminently, the regulation of agreement or
property. Consistency and reality of regulations of
regulation moreover bring soundness and security inside the social
order. Today the taking after are taken as critical features of regulation.
SOCIAL CONTROL: individuals of the society may also
have diverse social values, extraordinary practices and interface. It
is imperative to govern those practices and
to instill socially satisfactory social standards a few of the individuals of
the society. There are casual and formal social controls. Law is one in all
the shapes of formal social controls. As to Roscoe Pound, regulation can
be a exceedingly specialized frame of social manipulate
in created politically prepared society. Lawrence M.
Freedman clarifies the taking after approaches wherein regulation
plays critical part in social manipulate: first, regulation
clearly indicates regulations and standards which might
be fundamental for the society and rebuffs freak conduct. “Secondly,
the legitimate framework contains out numerous regulations of social
manipulate. Police capture burglars, prosecutors arraign them, courts
sentence them, jail watches observe them, and parole
broads discharge them. DISPUTE SETTLEMENT: Disputes are un
avoidable inside the existence of society and it's far the part of the
regulation to settle debate. In this way, differences which might be
justiceable will be settled through regulation in courtroom docket or out
of courtroom docket utilizing elective debate agreement components.
SOCIAL CHANGE: A variety of researchers concur about the part of
regulation in advanced society as tool to social alter. Law empowers us
to have purposive, arranged, and coordinated social alter Adaptability of
regulation gives a few degree of caution in regulation to
form it versatile to social conditions. In the occasion that regulation
is inflexible and unalterable, it could now no longer react to
changes suddenly which may also lead to hatred and disappointment a
few of the topics and may also indeed end result
into viciousness or transformation. Hence, a
few sum of adaptability is inescapable in regulation.

Question No. 4 Define any 4 of the criminal Terminology: Summon

Appeal Plaintiff Notice Prayers Precedent
SUMMON: A summons can be a shape arranged through the angry
celebration and issued through a courtroom docket
that educates the litigant that they're being sued or are required to
seem in courtroom docket. Within the setting of crook cases, a summons
may be served on a litigant confronting minor crook fees and utilized as
an elective to an capture warrant.
APPEAL: A mission to a past legitimate assurance.
An appeal is coordinated toward a lawful manipulate better than
the manipulate making the challenged assurance. The individual looking
for after an request is referred to as an attractive
celebration, whereas the individual protecting the decrease courtroom
docket's administering is the appellee or respondent.

PLAINTIFF: Plaintiff, the celebration who brings a lawful activity or in

whose title it's far added as contradicted to the litigant, the celebration
who's being sued. The
term compares to applicant in value and respectful regulation and to
libelant in admiralty.
NOTICE:Notice isthe legitimate concept portraying a necessity that a
celebration be mindful of legitimate handle influencing their
rights, commitments or obligations. There are a few sorts of take
note: open take note (or legitimate take note), true take
note, valuable take note, and inferred notice.