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Nội dung text World Legal System Question No 03 What is islamic legal system explain different sources of Islamic law..pdf


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. 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. 4. 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. 5. 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. 6. SIGNIFICANCE: The Islamic legal system holds great significance for Muslims worldwide. It provides a comprehensive framework for guiding personal, social, and legal aspects of life based on Islamic principles derived from the Quran and the teachings of Prophet Muhammad. It promotes justice, fairness, and ethical conduct. 7. Types of sources in Islamic law:

ideals through his practical example for all mankind to follow in all aspects of life. Hence sunnah has great importance in the Islamic legislation. 11. Secondary sources of Islamic law: Following sources can be categorize as the secondary sources of Islamic law. i. Qiyas. ii. Ijtihad. iii. Taqlid. iv. Istidlal. v. Istahsan. vi. Opinion of Muslim jurists. vii. Ijma. 12. Qiyas as a source of Islamic law: 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. 13. Ijtihad as a source of Islamic law: 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.

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