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concept of Justice or Sources of Islamic

The document outlines the concept of justice in Islam, focusing on the definitions and sources of Islamic law and jurisprudence, including Fiqh, Usul-e-Fiqh, and Shari'a. It emphasizes the primary sources of Shari'a, which are the Quran and Sunnah, as well as secondary sources like Ijma and Qiyas. Additionally, it discusses the types of Hukm Sharii and the main schools of Islamic jurisprudence.

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2 views

concept of Justice or Sources of Islamic

The document outlines the concept of justice in Islam, focusing on the definitions and sources of Islamic law and jurisprudence, including Fiqh, Usul-e-Fiqh, and Shari'a. It emphasizes the primary sources of Shari'a, which are the Quran and Sunnah, as well as secondary sources like Ijma and Qiyas. Additionally, it discusses the types of Hukm Sharii and the main schools of Islamic jurisprudence.

Uploaded by

saadwaseem506
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Concept of Justice in Islam

(‫) اسالم کا نظام عدل‬


Title and Content Layout with List

a. Basic Concepts of Islamic Law & Jurisprudence

1. Definition of Fiqh and Usul-e-Fiqh.

2. Islamic Law of Pakistan: Wirasat, Hudood.

3. The concept of justice within the tenets/rulings of Islam.


Fiqh and Usul ul Fiqh
• Fiqh refers to knowledge of the practical, minor shar‘i
rulings which are derived from detailed evidence and proof.
• Fiqh is understanding of the texts, Qur’anic verses and
hadiths, and knowing how to derive rulings from them.

• Usool al-fiqh is knowledge of shar‘i evidence and the way in


which that evidence is interpreted in order to reach a ruling,
in general terms or in detail.
Islamic Law of Pakistan:

Wirasat, Hudood.
a. Sources of Islamic Law & Jurisprudence
• 1. Qur’an
• 2. Sunnah
• 3. Ijma’
• 4. Qiyas
• 5. Ijtihad
• Shari’a.
The Arabic word Shari’a literally means the
way to a watering-place. In Islamic
jurisprudence, Shari’a is considered to make
rules for every aspect of life, whether
economic, social, or religious.
Sources of Shari’a
• The primary sources of Shari’a are the
• Quran
• Sunnah.

• The secondary sources are


• Ijma (Consensus),
• Qiyas (Analogical Reasoning)
The Quran

• Quran is the sacred book of Muslims and is the primary source of


Muslim laws. Allah dictated Quran through Angle Jibrael, the
Angel, to Prophet Muhammad (Peace be upon him). Quran is a
complete code of conduct itself. It tells us what Allah wants us to
do, from birth to death.
• Quran is the Primary Source of Sharia because it has direct words
of Allah. However, when it does not speak directly on a certain
subject, Muslims only then turn to alternative sources.
Sunnah
• The word Sunnah means “a system”, “a path”, or “an
example”. In Islam, it refers to the practices of the Prophet
Muhammad (Peace be upon him), and his life examples.
• Sunnah is the things that Prophet Muhammad (Peace be
upon him) said, did, or agreed to.
• Sunnah clarifies details of what is stated generally in the
Quran.
• All his life, the Prophet acted on what Allah told him to do.
So, it is part of every Muslim’s faith that Sunnah is
complete obedience to Allah, and so it must be followed.
Ijma (Consensus of Opinion)

It may be defined as:

“Consensus of opinion of the companions of the Holy


Prophet Muhammad (Peace be upon him) or Muslim
jurists of the first three centuries of the Hijra”.
Ijma is simply an agreed-upon decision. It is used in an
Islamic society to overcome a problem, which could not
be found in Quran, or in Sunnah.
Ijma (Consensus of Opinion)

Types of Ijma;-
Ijma is divided in two types on the bases of the way is
made known. These two types are
(1); - Explicit Ijma or Ijma qawli
(2); - Tacit Ijma or Ijma Sukuti.
Ijma (Consensus of Opinion)

• Explicit Ijma or Ijma qawli


• This is the one in which the legal opinion of all the Jurists of one period
converge in relation to legal issue ,and each one of them states his
opinion when all of them are gathered on one session and an issue is
presented to them and they collectively express a unanimous opinion .
• Tacit Ijma or Ijma Sukuti.
• This form of Ijma takes place when one are more mujtahids agree upon
a matter and the rest of mujtahids come to know of it during the same
period but they keep silent; they neither acknowledge nor refuse it
expressly .
Qiyas (Analogical Deduction)

• Qiyas is the fourth source of Shari’a, and it is used


only when a matter has never been discussed under
the above mentioned three sources. It is a process
of deducing a rule from the earlier sources. It is the
extension of a Shariah ruling from an original case
to a new case because the new case has the same
effective cause as the original case. Qiyas (a form of
Ijtihad) is also validated by the Quran and Hadith.
Qiyas (Analogical Deduction)

• It show that it has four elements:


(1)The case (set of facts) mentioned in the text with its Hukm
and is named as Asal or Maqis Alayh or the case upon which
analogy has been constructed.
(2)The Hukm of the sect of the facts mentioned in the text and
is called the Hukm Al asal or the rule to be passed on.
(3)The Illah or the underlying cause that has led to the Hukm
(4)The new case or the set of the facts for which the Hukm has
not been explicitly mentioned and which needs a Hukm and
is called Fara or the off shoot.
Qiyas (Analogical Deduction)

• For example: the prohibition of khamr


(wine made from grapes) is laid down in the
quran. the jurists first decide that the cause
( illah ) of its prohibition is intoxication .
on examining of other intoxication liquors ,
they gave the hukam of khamr to those
other things .
Evidence of Sources Shar’ia
It is narrated in Sunan Abi Dawud, “When the Messenger of
Allah ( )‫ﷺ‬intended to send Mu’adh ibn Jabal to the Yemen, he asked: How
will you judge when the occasion of deciding a case arises?
He replied: I shall judge in accordance with Allah’s Book. He asked: (What
will you do) if you do not find any guidance in Allah’s Book? He replied: (I
shall act) in accordance with the Sunnah of the Messenger of Allah (.)‫ﷺ‬
He asked: (What will you do) if you do not find any guidance in the Sunnah of the
Messenger of Allah ( )‫ﷺ‬and in Allah’s Book?
He replied: I shall do my best to form an opinion and I shall spare no effort.
The Messenger of Allah ( )‫ﷺ‬then patted him on the chest and said: Praise be
to Allah Who has helped the messenger of the Messenger of Allah to find
something which pleases the Messenger of Allah”. (Sunan Abi Dawud: 3592)
Types of Hukm Sharii
• A. Fard (compulsory): If the request to do an action is decisive (Talab Jazim) then it is a
Fard or Wajib; both have the same meaning.
• B Haram (prohibited): If the instruction is connected with a decisive command of
refraining from an action then it is Haram.
• C. Mandub, Sunnah or Nafilah (recommended): If the instruction to do an action is not
firm, then it is considered Mandub, The one who performs it is praised and rewarded;
however, the one who abstains from it is neither blamed nor punished.
• D. Makruh (disliked): If the instruction of refraining from an action is not firm, then it is
considered Makruh. The one who abstains is praised and rewarded while the one who
does it is neither punished nor blamed.
• F. Mubah (permissible): If the choice to do or not to do an action is left up to the person,
then the action is called Mubah. One will neither be rewarded nor punished for an action
falling under this category.
Main Schools of Islamic Jurisprudence

• The four classical Sunni schools are, in chronological order: the Hanafi
school, the Maliki school, the Shafi'i school and the Hanbali school. They
represent the generally accepted Sunni authority for Islamic jurisprudence.

• Other schools are the Zaidi, Jafari, Zahiri, Sufian Al'thawree, Sufian bin
O'yayna, Layth bin Sa'ad, Tabari and Qurtubi.

• Jafari fiqh, or the Shi'ah fiqh

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