17.

Introduction to Islamic
Law & Jurisprudence
(Basic Concepts of Islamic Law & Jurisprudence )

Course Instructor & Clusterhead

Islamic Studies:
CDR(R) Ahsan-ul-Haq
 ِّ ‫ُك‬
‫ل فِ ْرقَ ٍة‬ ْ ‫ون لِيَنفِر‬
‫ُوا َكآفَّةً فَلَ ْوالَ نَفَ َر ِمن‬ َ ُ‫ان ْال ُم ْؤ ِمن‬ َ ‫َو َما َك‬
ْ ‫ُوا قَ ْو َمهُ ْم إِ َذا َر َجع‬
‫ُوا‬ ْ F‫ين َولِيُن ِذر‬ ْ ‫ِّم ْنهُ ْم طَآئِفَةٌ لِّيَتَفَقَّه‬
ِ ‫ُوا فِي ال ِّد‬
َ F‫إِلَ ْي ِه ْم لَ َعلَّهُ ْم يَ ْح َذر‬
‫ُون‬
Nor should the Believers all go forth
together; if a contingent from every
expedition remained behind, they could
devote themselves to studies in religion,
and admonish the people when they
return to them, that thus they (may
learn) to guard themselves (against evil).
 SOURCES OF ISLAMIC LAW
Holy Quran

Definition:
Quran is the last book revealed by ALLAH
almighty for the guidance of human being. It
is a miracle of Holy Prophet (S.A.W).No one
has the power to change a single word of Holy
Quran.
FIRST SOURCE OF ISLAMIC LAW:
Because the Islamic law has been made in many
categories some are the following:

Faith,
Ethics
History
Orders about unlawful things,marrige, social life
internal external matters ,inheritance,economical
rule ,social rule,political rule,judicial rule and
educational rule.
IMPORTANCE OF HOLY QURAN:
Names of Holy Quran:

Al-Kitab, Al-Furqan, Al-Noor, Al-Shifah, Al-tazkirah, AliIlm.

Quran revealed as it is in our hands ,revealed in intervals during the period of 23 years, it is a truthful
book ,free from doubt and a great guidance for the humanity.

Safety of Holy Quran has been taken by ALLAH Almighty. Challenge of holy
quran.
Revealed in very vast language which is the language of 20 countries and that is Arabic.

C
International and world class book. For every
nation’s cast, color, creed not special for any
one. Quran says “ Say oh man! I am the
prophet of Allah almighty for all of you ”.

Collective book which covers every aspect of

human life. Everything discussed by Holy
Quran as tenets, deeds, ethics, spiritual life,
historical stories, their judicial, political, social,
educational, economical and religious life.
 According to wisdom and equal to the culture of every
nation and also there are many miracles of Holy
Quran(Islam of Hazrat Umer, Hazrat e Tufail and story of
old person)
Topics of Holy Quran as faith, worship, social matters,
rules regulations, marriage, inheritance, practical life of
holy Prophet (SAW).
Qualities of Holy Quran. Following are the qualities of
Holy Quran ie., Truthful book, guarantee for success,
purify the souls, has a great influence etc.
Rights of Holy Quran ie., daily recitation, To
understand and act according to the orders of Holy Quran.
HADITH & SUNNAH:
DEFINATION:
Hadith is the second source of Islamic law and in Islamic
terminology every deed, saying and sermon delivered or any
act done in the presence or knowledge of Holy Prophet (SAW)
and to which he did not express his dislike is called Hadith.
DIFFERENCE BETWEEN HADITH AND
SUNNAH:
HADITH SUNNAH
a) Every saying of Holy
Prophet. a) Every deed or doing of
b) Record of sunnah, Holy Prophet.
prophetical and b) Unspoken approval of
historical elements. Holy Prophet(SAW).
c) Khabar or information. c) Customs, methods
d) Every hadith is piece of and ways of Holy
information but every Prophet SAW.
information is not d) Religious and spiritual
hadith. color.
RIWAYAT DERAYAT

1.
1. Discuss with sanad. 2.
2. Reporter of Hadith.
3. Discuss with screening 3.
of reporter as his
education, piety,
power of memory, self
control, patience,
4.
internal & external
5.
relation with others.
Verification of material.
Verification of Arabic
grammar.
If one hadith showing huge
reward like jannat on a
ordinary action or huge
punishment like hell on a
ordinary sin, hadith is weak
a/c to the law of dirayat.
Any tribe reference property.
Prophecy projected words
not excepted.

IMPORTANCE OF HADITH:
1) Practicable as Quran.
2) Does not say by his own will.
3) Explain what so ever revealed.
4) Who so obey Prophet.
5) If you want to love Allah.
 COMPILATION OF HADITH:

1) During the period of Holy Prophet ,Hazrat Abdullah-

ebne-Amar, Abu Huraira 5374, Ali and Anas were
writing Ahadith of Holy prophet(saw).
2) In 99 Hijrah Hazrat Umer bin Abdulaziz gave order to
Hazrat imam Zohri.
3) Imam abu Hanifa (Kitabul asar), Imam Malik(muatta),
Sufyan sorri (kitabul jamay).
4) Saheh Bukhari by imam Bukhari, Saheh Muslim by Imam
Muslim, Sunan Tirmazi by Imam Tirmazi, sunan Abu
dawood by Imam dawood, Sunan Nissae by Imam
Nisaae and Sunan Ibne Maja by Imam Maja. (Sahahey
Sittah) TWO AHADITH
 IJMA(CONSENSUS)
Defination:
1) Consensus of opinions of Muslim jurists.
2) Sayings of Islamic Scholars.
3) Muslim jurist on the question of law.
THREE WAYS
1. First, Quoly- means, jurist express his opinion by
tongue .
2. Second, Faily- means, when there is unanimity in
practice.
3. Third, Sukuty(silence) -means, when the jurist is not
agree with the opinion.
TYPES & KINDS OF IJMA
1) Ijma-i-Azimah
Ijma-i-Azimah means, if all the Jurists give
their consent to a particular point, it is
called Ijma-i-Azimah
2) Ijma-i-Rukhsah
Ijma-i-Rukhsa means, if the majority of
Jurists agreed and gave their consent to
particular point is called Ijma-i-Rukhsa
IMPORTANCE OF IJMA
1) Difference of opinion regarding the place
and position of IJMA, some Scholars say’s
that IJMA is confined for particular people
but the majority of Scholars and Jurists
say’s that IJMA should not be confined to
any age or generation or country
2) IJMA came into being after the death of
The Holy Prophet(S.A.W).
3 ) After the demise of
HolyProphet(S.A.W) , when any dispute
arose on any question, for which there
were no directions in The Quran or in
The Hadith, the companions of the
Prophet or The Jurists of that age were
deciding those question in accordance
with the laws of the Holy Quran and
Hadith.
LEGAL STATUS

Ijma is based on the verses of Holy Quran and traditions of

Holy Prophet(S.A.W).Quran say’s “Do not like those who
separated and divided after they had received the clear
proofs”. Again Quran say’s “Obey The Prophet(S.A.W) and
obey those who have authority among you”.
Holy Prophet(S.A.W) has said “It is compulsory upon you to
follow the most numerous body”.Again He said “Whoever
separates himself from the main body will go to hell”.Again
He Said “He who oppose the Jurists decision will die the
death of the days of ignorance”. Again He said “If anything
comes to you for decision, decide according to the…………
then look to what Jurists unanimously agreed upon”.
EXAMPLES
Compilation of Quran, Taravee, wine, Khatam-e-naboat
QIYAS:
1) Fourth source of Islamic law
2) Qiyas means “comparing with” or “judging by comparing with a thing”
3) Qiyas is an analogical deduction from the three sources of law, namely Quran,
Sunnah and Ijma.
4)When Holy prophet(SAW) sent Hazrat Muaz bin Jabal as Governor, He asked him
as to what he would do if a new problem arose, he said that he would follow the
Quran, if it is not clear in holy Quran, he would follow the sunnah, if it is not clear in
sunnah, I would follow the ijma, if it is not clear in ijma than he would use the qiyas.
(Analogy) , Holy prophet (SAW) appriciated his reply and encouraged him.
5) In another Hadith Holy prophet
(SAW) has told Hazrat abu Musa-al-
Ashari : “judge upon the book of Allah, if
you do not find in Holy Quran what you
need, judge upon the sunnah of the
Prophet, if you donot find in the sunnah,
then find it in the ijma, if it is not in ijma
than use your personal opinion(Qiyas)”