LECTURE #
ISLAMIC
JURISPRUDENCE
(FIQH)
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Fundamental sources of Islamic
jurisprudence
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LITERAL EXPLANATION
Islamic Jurisprudence and Usul al Fiqh are used as synonyms. Both
terminologies are interchangeable, but they have slight differences
in their origins and meanings as following.
Uṣūl al-fiqh الفقه أصولcomprises the conjunction of two Arabic
terms, usool and fiqh.
Usool is derived from the root word ASL (Usul is plural of Asl) which
refers to the bases or roots (principles or rules) of Islamic Law.
Fiqh linguistically refers to knowledge, deep understanding or
comprehension. Thus, it is the knowledge of fundamentals of
Islamic law.
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LITERAL EXPLANATION
Islamic Jurisprudence: The word jurisprudence is derived
from a Latin maxim as referred ‘Jurisprudential'.
It is a combination of two words 'juris' which means 'law'
and 'prudence' which means 'knowledge' or 'skill'.
Therefore Islamic jurisprudence is the study, knowledge,
skill and theory of Islamic law. Jurisprudence includes
principles behind law that make the law.
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LEGAL DEFINITIONS
Fiqh: 'knowledge of the practical rules of Shari’ah acquired from the
detailed evidence in the sources'.
Fiqh, is the law itself whereas usul al-fiqh is the methodology of the law.
Islamic Jurisprudence can be defined in many ways:
Imam Ibn al Hajib in his book “Mukhtasar al-Muntaha”, states as “They
are the principles by the use of which the Mujtahid(Jurist) derives the
legal rules of conduct from the specific evidences”
This definition explores that Islamic jurisprudence is a body of principles
of interpretation by the help of which the Mujtahid is able to derive the
law from the detailed evidences in the Quran, the Sunnah , Ijma
and Qiyas.
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ISLAMIC JURISPRUDENCE: A BRIEF OVERVIEW
The Prophet Muhammad (SAW) said,
“Whomever Allah wants good for, He will grant him fiqh (deep
understanding) of the religion.” This underscores the importance of
understanding Islamic law.
All Muslim jurists agree that every aspect of life has a legal ruling
(Hukm) in Islamic Law, whether it's related to worship, trade, crime,
politics, or personal matters. Some rulings are explicitly mentioned in
the Quran and Sunnah, while others require jurists to derive them using
these sources.
Islamic jurisprudence, or Fiqh, is the study and exploration of these legal
rules by jurists (Mujtahideen). It provides Muslims with guidance on how
to live their lives according to Islamic teachings.
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THIS IS THE EXAMPLE THAT TOUCHES ON SOME OF THE
BASIC CONCEPTS OF ISLAMIC JURISPRUDENCE
Imagine a ship navigating through rough waters. The ship
represents the Muslim community, and the crew
represents the scholars and leaders who guide and steer
the community. The map and compass represent the
Quran and the sunnah, which provide guidance and
direction to the community. Just as the crew must navigate
through stormy waters and avoid dangerous reefs, the
Muslim community must navigate through various
challenges and obstacles while staying true to Islamic
principles.
Islamic jurisprudence provides the tools and guidance
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REFERENCE OF QURANIC VERSE FOR FIQH
Surah Al-Nisa, verse 59 of the Quran states:
"O you who have believed, obey Allah and obey the Messenger and those in
authority among you. And if you disagree over anything, refer it to Allah and
the Messenger, if you should believe in Allah and the Last Day. That is the
best [way] and best in result."
This verse is often referenced in Fiqh to emphasize the importance of
following the commands of Allah and His Messenger, as well as those in
positions of authority in the Muslim community. It also highlights the
importance of resolving disputes through peaceful means and seeking
guidance from Allah and His Messenger. Scholars use this verse to support
the practice of consultation and consensus-building in decision-making
processes within Islamic communities.
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SOURCES OF ISLAMIC LAW & JURISPRUDENCE
Primary sources:
Holy Quran:
The Qur'an is the first and most important primary source of Islamic law. It
contains the word of Allah, as revealed to Prophet Muhammad through the
Angel Gabriel over a period of 23 years.
Sunnah:
The Sunnah is the next important source, and is commonly defined as "the
traditions and customs of Muhammad (PBUH)" or "the words, actions and
silent assertions of him". It includes the everyday sayings and statements
of Muhammad (PBUH), his acts, his tacit consent, and acknowledgments of
statements and activities.
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SOURCES OF ISLAMIC LAW & JURISPRUDENCE
Secondary sources:
Ijma:
The ijma' , or consensus amongst Muslim jurists on a particular
legal issue, constitutes the third source of Islamic law. Muslim
jurists provide many verses of the Qur'an that legitimize ijma' as a
source of legislation. In Islamic law, the universal and infallible
agreement of either the Muslim community as a whole or Muslim
scholars in particular. Ijma refers to the consensus of Islamic
scholars on a particular issue. When a particular ruling is agreed
upon by the majority of Islamic scholars, it becomes part of Islamic
law.
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IJMA (EXAMPLES):
The International Islamic The Islamic The Muslim
Fiqh Academy unanimously Fiqh Academy World League
agreed on the permissibility unanimously unanimously
of using modern technology agreed on the agreed on the
to determine the sighting of permissibility of prohibition of
the moon for determining organ donation using nuclear
the beginning of the Islamic for medical weapons in
lunar month. purposes. warfare.
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SOURCES OF ISLAMIC LAW & JURISPRUDENCE
Qiyas:
Qiyas or analogical deduction is the fourth source of Sharia for the
Sunni jurisprudence. The principle of analogy applied in the
interpretation of points of Islamic law not clearly covered in the Quran
or Sunna.
Qiyas refers to analogical reasoning, which involves applying a legal
ruling from an existing issue to a new issue that is similar in nature.
In applying of Qiyas, four basic elements must be fulfilled; the Asl
(original case), far' (new case), illah (cause effected) and hukm (new
ruling). These elements must always be preserved and uphold and
should not be the subject for reform.
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QIYAS (EXAMPLE):
The Hadith prohibits the
The Quran consumption of intoxicants. Analogy is
prohibits the In Sahih Muslim, it is narrated applied to
consumption that the Prophet Muhammad conclude that
of alcohol (SAW) said, "Every intoxicant all intoxicants
(Surah Al- is khamr (alcohol) and every are prohibited,
Baqarah khamr is haram (prohibited)." not just
2:219). (Sahih Muslim 5218). specifically
mentioned
In this example, Qiyas extends the prohibition of alcohol to include
ones.
all
intoxicants, even though they are not explicitly mentioned in the Quran or
Hadith. This reasoning allows Islamic law to adapt to new circumstances while
remaining true to its principles.
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Pillars of Islam and their significance
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1. THE PROFESSION OF FAITH (THE SHAHADA)
The profession of faith (the shahada) is the most
fundamental expression of Islamic beliefs. It simply
states that “There is none worthy of worship except
God (Allah) and Muhammad (SAW) is the messenger
of Allah.” It underscores the monotheistic nature of
Islam. It is an extremely popular phrase in Arabic
calligraphy and appears in numerous manuscripts
and religious buildings.
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2. DAILY PRAYERS (SALAT)
Muslims are expected to pray five times a day. The
faithful pray by bowing several times while standing
and then kneeling and touching the ground or
prayer mat with their foreheads, as a symbol of their
worship and submission to Allah. On Friday, Muslims
attend a mosque near midday to pray and to listen
to a sermon (khutba).
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FAJAR
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3. ALMS-GIVING (ZAKAT)
The literal meaning of Zakah is Obligatory charity purity and
it refers to the annual giving is an act of amount in kind
which a Muslim worship and spiritual with means must
distribute among the rightful beneficiaries. investment.
The giving of alms is the third pillar. Muslims believe that
they are meant to share their wealth with those less
fortunate in their community of believers.
This is a compulsory of 2.5 % of one's savings each year
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4. FASTING DURING RAMADAN (SAUM)
During the holy month of Ramadan, the ninth month
in the Islamic calendar, Muslims are expected to fast
from dawn to sunset.
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5. HAJJ OR PILGRIMAGE TO MECCA
All Muslims who are able are required to make the
pilgrimage to Mecca and the surrounding holy sites
at least once in their lives. Pilgrimage focuses on
visiting the Kaaba and walking around it seven
times. Pilgrimage occurs in the 12th month of the
Islamic Calendar.
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Major schools of Islamic jurisprudence
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Hanafi School: Maliki School:
Founded by Founded by
Imam Abu Imam Malik ibn
Hanifa Anas
Shafi'i School: Shafi'i School:
Founded by Founded by
Imam al-Shafi'i Imam al-Shafi'i
Ja'fari School
(Fiqh Jafari):
Founded by
Imam Ja'far al-
Sadiq
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The major schools of Islamic jurisprudence are, the Hanafi, Maliki,
Shafi'i, and Hanbali schools, each named after its founder. These
schools represent different approaches to interpreting and applying
Islamic law (Shariah), with each having its own set of principles and
methodologies for deriving legal rulings from the Quran and
Hadith. While there are differences among them, all four schools
are considered valid within Sunni Islam, and followers of each
school adhere to its teachings in matters of worship, family law,
commerce, and personal conduct.
In addition to these four Sunni schools, there is also the Ja'fari
school, also known as the Twelver Shia school or Fiqh Jafari, named
after Imam Ja'far al-Sadiq. This school is followed predominantly by
Shia Muslims, particularly the Twelver Shia branch. Like the Sunni
schools, the Ja'fari school has its own set of principles and
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Significance and principles of ljtihad
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IJTEHAD
Ijtihad (Arabic: اجتهادIjtihād, referring to “independent reasoning”
Word of ijtehad is “Juhd” which means “to try or strive”. It's the process
in which a scholar independently strive to find answers, reasons or
solutions to the problem in light of Quran and Ahadees.
Ijtihad is the process of independent reasoning and critical thinking used
by Islamic jurists to derive legal rulings from the primary sources of
Islamic law, the Quran and the Sunnah (traditions of the Prophet
Muhammad SAW). The significance of ijtihad lies in its role in adapting
Islamic law to new circumstances and challenges faced by the Muslim
community, ensuring that the principles of Islam remain relevant and
applicable in all times and places.
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CONTINUE ….
The Muslim Ummah can produce great mujtahid only by study of
Jurisprudence in addition to other sciences.
No Muslim can do Ijtihad or interpret Islamic law without having command
on this subject.
A Muslim, who has command on Islamic Jurisprudence, is called Mujtahid.
The need for the methodology of usul al-fiqh became prominent when
unqualified persons attempted to carry out ijtihad, and the risk of error and
confusion in the development of Shari'ah became a source of anxiety for
the Ulama.
This subject has much importance because deduction (ijtihad) of an
authentic Muslim jurist is applicable on every Muslim to follow the rules laid
down by him.
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AN ANALOGY OF IJTIHAD
Imagine you want to pick a fruit from a tree. Here's how it relates to Usool al-Fiqh:
The Rules (Fruit): Just like you want to pick the fruit, scholars aim to derive rules
(hukm) from Islamic teachings.
The Sources (Tree): The tree represents the sources of Islamic law, like the Quran
and Sunnah, from which scholars derive these rules.
The Rules of Interpretation (Method of Picking): The method of picking the fruit
represents the rules of interpretation (Istinbaat) and implications (Dalalaat) used by
scholars to extract rulings from the sources.
The Interpreter (Mujtahid) and His Work (Ijtihaad) (Man): The person picking the fruit
is like the scholar (Mujtahid) who uses his skills and knowledge (Ijtihaad) to extract
rulings.
In this analogy, just as picking the fruit requires skill and effort, deriving legal
rulings in Usool al-Fiqh requires deep understanding and careful analysis.
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Ms. Shumaila Farman
Lecturer (Islamiat)
GEP, DIHPE, DMC
Lecture # 3
29th May 2024
[email protected] du.pk
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