Title Islamic jurisprudence part 2 question No 03 classification of islamic law..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 # 03: Write a detailed note on the concept of Islamic law, Describe classification of Islamic law? 1. INTRODUCTION: Islamic law, also known as Shariah, is the legal framework that governs the conduct of Muslims in their personal and public lives. The sources of Islamic law refer to the authoritative texts and practices that provide guidance for Islamic jurisprudence. There are primarily four sources of Islamic law, which are collectively known as Usul al-Fiqh or the principles of Islamic jurisprudence. Islamic law also known as shariah, is derived from various sources which can be categorized into two types as primary and secondary sources of Islamic law.
2. MEANING OF ISLAMIC LAW: 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. LEGAL DEFINITION OF ISLAMIC LAW: “The law according to the Muslim faith and as interpreted from the Quran.” 4. CLASSIFICATION OF ISLAMIC LAW: I. Primary sources of Islamic law/Chief sources. • The Quran. • The Sunnah. • The Ijma. • The Qiyas. II. Secondary sources of Islamic law/supplementary sources. 5. PRIMARY SOURCES OF ISLAMIC LAW: Following three sources may be categorize as the primary sources of Islamic legislation. I. QURAN. II. SUNNAH. III. IJMA. IV. QIYAS. 6. QURAN: The Holy Quran is the heavenly book which is revealed to prophet Muhammad (PBUH) by almighty Allah. These are the very words of Almighty Allah. Quran is a complete code of life for all mankind to follow in their all walks of life. Quran is the model illustration for future legislations. Quran is known as the first primary source of Islamic law. And being first primary source of Islamic law the first search of any hukam is to be in the Quran before moving to the next source. (1) Importance of Quran: As the primary source of legislation in the field of Islamic law the Quran has great importance in Islamic
legislation system. It lays down a way to regulate the men’s life in decent way in all aspects of life. It provides guidance regarding the worships, family affairs, legal enactments and the punishments of wrong doings. 7. SUNNAH: The practices, sayings, and actions of our beloved Prophet Muhammad (PBUH) are known as the Sunnah. In real sense sunnah of prophet Muhammad (PBUH) is the explanation of Holy Quran in true sense. Sunnah is considered as the second most important primary source in the field of Islamic law. ❖ Importance of Sunnah: The life of Hazrat Muhammad (S.A.W) is the perfect model and example for the people who want to attain goodness piety and success in their individual as well as social life. People can seek light from the message and guidance from his life to achieve perfection, in the moral spiritual and social areas of life. He has set very high and noble ideals through his practical example for all mankind to follow in all aspects of life. Hence sunnah has great importance in the Islamic legislation. 8. IJMA: Ijma is another most important primary source of Islamic law after Quran and Sunnah. Actually ijma is the agreement of jurists among the followers of Hazrat Muhammad (S.A.W) in a particular period of time on a particular matter in question. It helps in interpretation of laws according to the changing needs of the time in the light of holy Quran and Sunnah. ❖ Basis of Ijma: ✓ Quran. ✓ Sunnah. ✓ Analogy. 9. QIYAS: One of the secondary source of Islamic law is the Qiyas. And qiyas has great importance in the field of Islamic legislation. Qiyas is basically the interpretation of the language of the text. All the four
school of thoughts of Islamic jurisprudence agree upon this source for the Islamic legislation. ❖ Kinds of Qiyas: i. Qiyas Jali. ii. Qiyas khafi. 10. SECONDARY SOURCES: Following sources can be categorize as the secondary sources of Islamic law. i. Ijtihad. ii. Taqlid. iii. Istidlal. iv. Istahsan. v. Opinion of Muslim jurists. 11. IJTIHAD: Ijtihad actually a dependent source of Islamic law if a matter in question not expressly resolved by Quran, Sunnah and by way of ijma the jurist must strive hard to resolve it under the light of Quran and Sunnah. ❖ Limitations of ijtihad: ➢ “PLD 1981 FSc 23” Ijtihad is permissible only in field where no rule of injunction from Holy Quran or Sunnah is available. 12. TAQLID: One of the important second source of Islamic legislation is taqlid. Taqlid is the practice of following the legal rulings of a recognized Islamic scholar or jurist without questioning their reasoning. 13. ISTIDLAL: "Istidlal" refers to the process of deriving Islamic legal rulings (fatwas) through analogical reasoning. In this process, a legal ruling is derived for a new issue by drawing an analogy between it and a similar issue for which a ruling already exists