Title Islamic jurisprudence part 2 question No 1 History and Growth..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ISLAMIC JURISPRUDENCE for LLB part 02 you can watch lecture of this question from here. https://www.youtube.com/watch?v=Dx-SDx2h5rQ&list=PLXTPClsX2hdDAJXE- FPkRXeZKXLnvAIPB&pp=iAQB Question # 01: Discuss in detail the Muslim legal system and also describe the history and growth of Muslim Legal system. Also describe some characteristics of Islamic legal system? 1. INTRODUCTION: The Islamic legal system, also known as Sharia law, is a comprehensive legal framework derived from the teachings of Islam. Rooted in the Quran and the Sunnah (the practices and sayings of Prophet Muhammad), it governs various aspects of Muslim life, including personal conduct, family matters, business transactions, and criminal justice. The system emphasizes justice, fairness, and the preservation of societal well-being, incorporating divine principles into legal rulings.
2. MEANING OF ISLAMIC LEGAL SYSTEM: ➢ According to Imam Abu Hanifah. “Fiqh is the knowledge of what is for the men’s self and what is against the men’s self.” 3. INTERPRETATION OF TERM MUSLIM LEGAL SYSTEM: The law according to the Muslim faith and as interpreted from the Quran, also known as sharia law. 4. TYPES OF LEGAL SYSTEM IN THE WORLD: Following are the legal system existing worldwide. • Civil legal system. • Common legal system. • Roman legal system. • Socialist legal system. • Islamic legal system. 5. ORIGIN: The Islamic legal system, known as Sharia, originated from the teachings of the Quran and the traditions of Prophet Muhammad. It encompasses rules and principles for personal conduct, family matters, and societal issues, providing guidance for Muslims in matters of law and ethics. 6. EVOLUTION OF ISLAMIC LEGAL SYSTEM: The Islamic legal system, known as Sharia, has evolved over time. It began with the Quran and Prophet Muhammad's teachings. Scholars interpreted and developed legal principles called fiqh. Today, it continues to adapt to modern challenges while maintaining its core principles of justice, mercy, and guidance for Muslims. 7. IMPORTANT PRINCIPAL OF ISLAMIC LEGAL SYSTEM: Here are some important principles of the Islamic legal system.
➢ Tawhid (Monotheism): The concept of Tawhid, or the belief in the oneness of Allah, is fundamental in Islam. It establishes the basis for all other Islamic principles and underscores the idea that Islamic law should be in accordance with the will of Allah. 8. HISTORY AND GROWTH OF ISLAMIC LEGAL SYSTEM: • Pre-Islamic Period: Before the advent of Islam, the Arabian Peninsula was marked by tribal societies with diverse customs and practices. Legal systems varied across tribes, and disputes were often settled through tribal traditions. There was no centralized legal authority or unified system. • Period of Prophet Muhammad (PBUH): The emergence of Islam in the 7th century brought a profound transformation to Arabian society. The Quran, the holy book of Islam, and the sayings and actions of Prophet Muhammad (PBUH) became the primary sources of Islamic law, known as Sharia. The Quran provided general principles, while the Sunnah (Prophet's traditions) offered specific guidance. During this period, legal decisions were often made by the Prophet, who acted as a judge. The principles of justice, equality, and mercy were emphasized. The Prophet's decisions, known as Hadith, were collected and became essential in shaping Islamic jurisprudence. • Period of Caliphs: After the death of Prophet Muhammad (PBUH), the Caliphs (successors) played a crucial role in expanding and organizing the Islamic legal system. Caliph Abu Bakr, Umar, Uthman, and Ali worked to compile the Quran into a single book and continued the Prophet's tradition of making legal decisions based on Islamic principles. Caliph Umar established the first official codification of Islamic law, known as the "Umarian Code," which addressed various legal and administrative matters. During the Umayyad and Abbasid Caliphates, Islamic jurisprudence continued to develop with the contributions of
scholars like Imam Abu Hanifa, Imam Malik, Imam Shafi'i, and Imam Ahmad ibn Hanbal. • Growth and Schools of Thought: Over time, Islamic legal thought diversified into different schools of jurisprudence, each with its methodology for interpreting Sharia. The four main Sunni schools are Hanafi, Maliki, Shafi'i, and Hanbali. These schools helped accommodate regional variations and provided flexibility in applying Islamic law. Islamic legal principles continued to evolve through the works of jurists and scholars, who produced legal manuals and treatises. These scholars considered the changing social and cultural contexts while remaining anchored in the Quran and Sunnah. • Modern Period: In the modern era, various Muslim-majority countries have adapted and codified Islamic law within the framework of their legal systems. This has led to diverse approaches in implementing Islamic law, influenced by cultural, political, and historical factors. In summary, the history and growth of the Islamic legal system reflect a dynamic process that began with the teachings of Prophet Muhammad (PBUH), continued through the Caliphs, and diversified into various schools of thought. The principles of justice, equality, and mercy remain central, adapting to the evolving needs of Muslim societies. 9. CHARACTERISTICS OF ISLAMIC LEGAL SYSTEM: • Sharia Law: Islamic legal system is based on Sharia, which is derived from the Quran and Hadith (teachings and practices of Prophet Muhammad). • Five Pillars: Islamic law emphasizes the Five Pillars of Islam, which include declarations of faith, prayer, charity, fasting during Ramadan, and pilgrimage to Mecca.