Transcript  Shraih is the moral code and religious law of Islam.  Sharia deals with many topics addressed by  secular law,  crime, politics and economics, 

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 Shraih
is the moral code and religious law
of Islam.
 Sharia deals with many topics addressed
by
 secular law,

crime, politics and economics,
 personal

laws
Marriage, Foods, prayer, and fasting
 The
sharia is the opinion of the Muslim
community and scholars
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 Primary


sources of Islamic law:
The principles set forth in the Quran,
The example set by the Holy prophet Muhammad
in the Sunnah
 Secondary


Sources
These secondary sources usually include the
consensus of the religious scholars embodied in
ijma, and analogy from the Quran and Sunnah
through Qiyas
Shaitee jurists prefer to apply reasoning ('aql)
rather than
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 Consensus
=
Ijma
 Analogical deduction = Qiyas
 Preference =
Istehsan
 al-maslaha al-mursalah, which means social
benefit
 Common practice
=
urf
 Taqlid
=
as was said before
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Islamic Law/Sharia can be divided into five main
branches:
 Ibadah
(ritual worship)
 Mu'amalat (transactions and contracts)
 Adab (morals and manners),
 I'tiqadat (beliefs)
 Uqubat (punishments)
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The Shariah regulates all human
actions and puts them into five
categories:
Obligatory
• Recommended
• Permitted
• Disliked
• Forbidden
•
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
fard (obligatory),


They include the five daily prayers, fasting, articles of
faith, obligatory charity, and the hajj pilgrimage to
Mecca.
Mmustahabb (recommended),

Includes proper behavior in matters such as marriage,
funeral rites and family life, as civil law in the West.
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•
MUBAH (neutral),
•
•
MAKRUH (discouraged),
•
•
•
All behavior which is neither discouraged nor
recommended, neither forbidden nor required is of
the Mubah; it is permissible.
Makruh behavior, while it is not sinful of itself, is
considered undesirable among Muslims.
May make liable to criminal penalties
HARAAM (forbidden)
•
•
Haraam behavior is explicitly forbidden.
It is both sinful and criminal.
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•
Primary
– Quran
– Sunnah
– Ijma
•
Secondary
1. Ijma
2. Qyais
3. Ijtehad
4. Mashalih Al Mursalah
5. Istidlal
6. Istehsan
7. Taqleed
8. Urf
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1.
2.
Ijma‘ (consensus)
Ijtehad
I.
II.
3.
4.
5.
6.
7.
8.
9.
10.
Ijtihad bayani (interpretative reasoning)
Ijtihad qayasi (analogical reasoning)
Istihsan (preference /appreciative reasoning)
Istislah (masalih mursalah) (peace-making
reasoning)
Istidlal (deductive reasoning)
Istishab (coalitional reasoning)
Zarurat Shar‘i (legal necessity)
Urf wa‘adah (usage)
Aqwa al-fuqaha’ (saying of jurists)
Iztirar (Exigency)
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


Al- Quran is the words of Allah revealed to the Prophet
Muhammad SAW in Arabic conveyed by angel of Jibrail.
Al- Quran consists of 114 chapters and about 6666 verses
It is a miracle in following aspects:
1. Its language is in clear and pure Arabic of the highest.
2. Its contains information and stories about peoples of the
past.
3. It foretells future events which really took place
afterwards as foretold.
4. It also tells about the creation of life and the universe,
the orbits of the Earth, the sun, moon and the stars, and
the formation of clouds and rains
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It contains laws and rules on how to regulate
political, legal, economic, social and moral
matters in society
 There are

1.
350 legal verses (ayat ahkam) in the Quran:
2.
140 verses concern Ibadat
70 verses concern munahakat
70 verses concern muamalat
3.
4.
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Surat Al-Ĥijr - ‫سورة الحجر‬

Lo! We, even We, reveal the Reminder, and lo!
We verily are its Guardian.
‫ بےشک یہ (کتاب) نصیحت ہمیں نے اُتاری ہے اور ہم‬
‫ہی اس کے نگہبان ہیں‬
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Surat Al Alaq was first surah
but placed as 96.
 Surat Al Mudassar was second surah
but placed as 74.
 Surat Al Muzammil was third surah
But placed as 73.
 Surat Al Qalam was fourth surah
but placed as 68.
 Surat Al Akhlas was fifth surah
but placed as 1.

(1/96)
(2/74)
(3/73)
(4/68)
(5/1)
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 Practice
 Sayings
 Approvals
 Exclusive
Acts ???
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Name of the Book
Urdu Name
Compiled By
Sahih al-Bkhari
‫صحیح البخاری‬
Imam Muhammad al-Bukhari
(died 256 AH)
Sahih Muslim
‫صحیح مسلم‬
Imam Muslim (died 261 AH)
Sunan Nisai
‫سنن نسائی‬
Imam Ahmad an-Nasai
(died 306 AH)
Sunan Abu Daud
Imam Abu Daud, (died 275
‫سنن أبی داؤد‬
AH)
Sunan Tirmizi
Sunan Ibn-e-Maja
‫سنن ترمذی‬
‫سنن ابن ماجہ‬
Imam Muhammad Tirmizi
(died 279 AH)
Imam Ibn e Maja
Died 273 AH
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 Universal
 Provides
dogmas for life
 Error Free
 Contains Heavenly wisdom
 Practical, Natural and Pragmatic
 Guarded by Allah
 Narrated in Quran and explained by Sunnah
 Not contradictory to each
 Time tested
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•
"Ijtihad" constitutes and effort to opt for one of
two or more possible solutions in a given
situation and to provide legal justification for
that solution with legal justification”
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 ijtihad
addresses two important questions
regarding Islam's continual relevance
Firstly, the non-specificity of Islam to the
circumstances
 Secondly, the ability for the finite body of
Islamic texts left by the Prophet of Islam (peace
be upon him) to address ever changing human
problems

 Limitations
Cant be invoke in :
 Creation of universe
 Oneness of Allah
 Faiths
 5 Pillars of Islam
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•
Iqbal_ worldly matters (muamalaat) relate to
the rights of the people and are subject to
change and modification
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FIQ
FORMATION OF IJMA'
RATIONALE
Hanafi
through public agreement of
Islamic jurists
the jurists are experts on
legal matters
Shafi'i
through agreement of the entire
community and public at large
the people cannot agree on
anything erroneous
Maliki
through agreement amongst the
residents of Medina, the first
Islamic capital
Islamic tradition says "Medina
expels bad people like the
furnace expels impurities
from iron"
through agreement and practice
Hanbali
of Muhammad's Companions
Usuli
they were the most
knowledgeable on religious
matters and rightly guided
consensus is not genuinely
only the consensus of the ulama binding in its own right,
of the same period as the Prophet rather it is binding in as much
or Shia Imams is binding.
as it is a means of discovering
the Sunnah.
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Issue
In
Nabuwat
1st caliph
2nd caliph
3rd
caliph
Drinking
40 Lashes
80 Lashes
Both
Sale of
Um-e-Wald
(female Slave)
Allowed
Prohibited
Fidya of a
Prisoner
1000 Dinar
Different in
different
region
Captured land
Distributed
among
Warriors
Taken back
Composite
divorce
(3 in a sitting)
Rijee
Rijee
Bain
(decision
taken back)
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Issue
In Nabuwat
1st caliph
2nd caliph
Halala
Person was
declared
Maloon
Taravih
NA
NA
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Azan in
Jumma
One
One
One
Marriage
Ahel-eKitab
Allowed
3rd caliph
Rijum
Stone to
Death
Moalifat
ul Qaloob
Two
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•
Two basic elements of Law
–
–
•
•
•
•
•
•
Dignity
Flexible according to need
Gap b/w message and meaning
Issues of Language
Law is there but cause is developing
Law itself is developing
Law is there but situation is new
Law and cause both are developing
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 Adopting
Hijri calendar
 Weekly holiday
 Usage of Technology
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•
•
•
•
•
•
•
•
Cloning
Organ transplantation
Blood Transformation
Riba Free Banking
Test Tube Baby
Share Trade
Stem Cell
Globalization and its challenges
–
–
Jet Lag
Geographical lag
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 Ijtihad
consists of three general
stages:
 First,
to objectively understand in
detail the reality of the problem,
question or dilemma for which a
solution is sought, which may demand
specific knowledge if relating to a
particular area of expertise
 Second,
to identify the Islamic texts,
 concepts and laws which discuss a
relevant, or similar, subject matter;
 Third, to analogies between the
current issue and the relevant texts in
the original Islamic sources
 to identify similarities and differences,
and through a process of weighing
these similarities and differences
extract a position on the current issue
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 Individual_Mujtahid.

Concept of Shah Wali Ullah_Ulema
Muslim
 Sane
 Intelligent
 Expert in Arabic language
 U’loomul quran
 U’loomul hadeeth
 I’lmul ijtihaad wal taqleed
 Practitioner Muslim
 Punctual in Shraih


Any Possibility ???????

Sir syed Ahmed Khan_ Intellectuals
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 Major
schools of Sunni fiqh, which include
the Hanafi, Shafi'i, Maliki and Hanbali
 Jaffari
Fiq, Following the interpretation
of Imam Jaffar RA
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 In
Imami-Shi'i law, the sources of law (usul
al-fiqh)
 The Quran, anecdotes of Holy prophet
Muhammad's practices and those of The
Twelve Imams, and the intellect ('aql).
 Most Shia Muslims follow the Ja'fari school of
thought
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 Central
Asia: Muhammad ibn Isma`il alBukhari (19 July 810) in the city of Bukhara
in Khorasan , in present-day Uzbekistan
 The Kufi (Iraqi) Imams such as Numan bin
Thabit ('Abu Hanifah'),
 North Africans :Al-Layth ibn Sa'd,
 Arabs such as Malik ibn Anas and Mohammed
Shafi'i, Andalusians, Ibn Hazm,
 Central Asians and many others has much
impact on todays Islam
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Institutional





Parliament _Iqbal
Cabinet_ Molana Azad
Courts_ Justice Javid
National Institutions _ Courts, Council
of Islamic Ideology, Federal Shariat
Court, Research Institutions
Institution of Mujtahid – Much needed
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International Ijtehad
Organization of Islamic Cooperation
 Jamaiya Azhar
 Bait ulqum
 Islamic Research Foundation
 Dar ul Uloom Deoband

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 3rd
source of Shariah after the Quran and the
Sunnah
 It is basically a rational source
 An Ijtihad or an Interpretation of one or a
few scholars when becomes universal,
becomes Ijma
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 Universal
consensus of the scholars of the
Muslim community as a whole can be
regarded as conclusive Ijma
 Universal Ijma are indeed very few
 The only form of Ijma upheld by majority is
the Ijma of Sahabis only
 Ijma ensures correct interpretation as broad
consensus is unlikely to take place on
incorrect matter
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 Old
style Ijma is no longer possible
 One can have only local Ijma, which is
useful in lawmaking through Parliament
but they can not be (by definition)
binding forever
 Majority opines Ijma must be founded in a
Textual authority (Quran & Sunnah) or
Ijtihad
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 Iqbal
gives a proposal to transfer
performance of Ijma to the legislative
assembly, which is only possible form of Ijma
in modern times
 Such Ijma can not be of universal validity nor
can it be considered binding (unless made
into a local law - which then remains valid
until revoked)
 Ijma can be of limited use only in future
 Qiyas, Istihsan, Maslaha are more important
in future
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 i.

Specification of the general
For example, specified meaning of the adulterer
and the adulteress as described in the verse on
whipping, the specification of 1/3 portion of
wealth on the Qur’anic command of writing a
will
 ii.

Qualification of the absolute
The determination of minimum amount/quantity
for fixation of hadd on stealing or theft
 iii.

The meaning of prayers, number of ‘cycles’ and
determination of its timings, etc.
 iv.

 v.

Explanation of the implicit
Exemption
Exemption of fish in the order dealing with
forbiddance of the dead sea animals;
Addition
The addition of one year in imprisonment or exile
along with the hadd on adultery
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




In the fourth century of Hijrah a person called alQaffal issued a Fatwa closing the door of Ijtihad, thus
he was called al-Qaffal which means the one who
closes something
Imam Ghazali_ “freezing Islamic thinking in time”
During the Mogul invasion. Rulers feared that under
pressure of occupation by non-Muslim forces that
Ijtihad may lead to misinterpretations
Only with security can one tolerate differences. If
the self is threatened it clutches to certainties,
wants to keep them and builds on them.
In times of crises multiplicity of opinion is not
encouraged and Ijtihad is endangered
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