17 Introduction to Islamic law Jurisprudence Basic Concepts

17. Introduction to Islamic law & Jurisprudence (Basic Concepts of Islamic Law & Jurisprudence) Course Instructor Islamic Studies: Mufti Omer Rafique

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, ALTAZKIRAH, 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.

• 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 according to the orders of Holy Quran. understand act

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 a) Every saying of Holy Prophet. b) Record of sunnah, prophetical and historical elements. c) Khabar or information. d) Every hadith is piece of information but every information is not hadith. • SUNNAH a) Every deed or doing of Holy Prophet. b) Unspoken approval of Holy Prophet(SAW). c) Customs, methods and ways of Holy Prophet SAW. d) Religious and spiritual color.

• RIWAYAT • DERAYAT 1. Discuss with sanad. 1. Verification of material. 2. Reporter of Hadith. 2. Verification of Arabic grammar. 3. Discuss with screening of reporter as his education, piety, power of memory, self control, patience, internal & external relation with others. 3. 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. 4. Any tribe reference property. 5. 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)

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 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) ,

• 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)”