Concept of Justice in

Islam
(‫) اسالم کا نظامِ 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 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.
Islamic law in Pakistan is primarily integrated into the legal system through
the Constitution and various statutes. Two significant aspects of Islamic law
in Pakistan are Wirasat (inheritance) and Hudood (criminal offenses). Here’s
a brief overview of each:
Wirasat (Inheritance)
1.Quranic Basis: The laws of inheritance in Islam are derived from the
Quran, specifically in Surah An-Nisa (Chapter 4), which outlines specific
shares for heirs.
2.Legal Framework: In Pakistan, the Muslim Personal Law (Shariat)
Application Act, 1962 governs inheritance among Muslims. This law
ensures that the principles of Islamic inheritance are applied, giving defined
shares to various relatives.
3.Distribution: Inheritance laws stipulate shares for male and female heirs.
For example, a son typically receives twice the share of a daughter. However,
the distribution can vary based on specific family circumstances, such as the
presence of parents, spouses, or siblings.
4.Rights of Women: The law emphasizes the rights of women to inherit
Hudood (Criminal Offenses)
1.Hudood Ordinances: Introduced in the late 1970s under General Zia-ul-
Haq’s regime, the Hudood Ordinances were meant to implement specific
Islamic punishments for certain offenses, including theft, adultery, and false
accusations of adultery.
2.Types of Offenses: The Hudood laws classify offenses into different
categories, such as:
1.Hudood offenses: These include theft (Sariqa), adultery (Zina), and false
accusations (Qadhf), with prescribed punishments.
2.Tazir offenses: Lesser offenses that do not fall under Hudood can be
punished at the discretion of the judge.
3.Legal Procedures: The Hudood Ordinances established stringent
evidentiary requirements, particularly in cases of Zina, where the testimony of
four witnesses is required for conviction. This high standard has been a point
of contention and discussion in legal circles.
4.Criticism and Reforms: The Hudood laws have faced criticism for potential
misuse and their impact on women's rights. Some reforms have been proposed
and implemented to address these issues, aiming to protect victims and ensure
The concept of justice within the tenets/rulings of Islam.
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.
WHO WERE SAHABA’s?
They were Prophet’s family members and companions,
who observed him during his lifetime, and shared with
others exactly what they had seen in his words, and
behaviors.

WHAT IS AHADITH?
These are the “Sayings, actions, and the actions done
with the approval of Prophet Muhammad (Peace Be
Upon Him)”. They include issues concerning personal
conduct, community, family relations, and political
matters. Ahadith were collected and compiled very
carefully, and they all are reported by Sahaba.
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.
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.
Evidence of Sources of 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.
 REASONS FOR DIFFERENCES OF
OPINIONS AMONG THE MUJTAHIDEEN
•
The word Madhab means “school of Fiqh”. The following are some of the reasons for the
existence of Madhahib (schools of Fiqh):
• Differences in the Legislative Sources
A. Criteria in evaluating the Sunnah One Mujtahid may consider a certain Hadith authentic
while others may not. This is due to their differences in the criteria for judging the authenticity
of the Hadith.
• B. Differences in the Sahabah's (raa) opinions as individuals. Some scholars accepted the
opinion of one Sahabi as a legislative source, while others treated the Sahabah (raa) as
Mujtahids whose individual opinions were not legally binding.
• C. Differences in the practice of Qiyas. Some scholars practiced Qiyas while others practiced
Istihsan
• D. Differences in Ijma (Consensus of Opinion) Some scholars used Ijma as-Sahabah, while
others used Ijma Ahlil-Madinah (People of Madinah), Ijma Al-Mujtahideen, and various other
types of Ijma.
• E. Differences in other legislative sources Some Scholars used Maslaha Mursalah while others
did not. This contributed to more differences among the scholars.
Differences in interpreting the text
itself
• A. Literalists Some scholars took the literal understanding of
the text, meaning that they took the text at its surface
value, refusing to take deeper understandings. Some of
these scholars were called Zahiris, or those who took only
the apparent meanings of the texts.
• B. Those who saw hidden meanings in the text In addition to
the apparent meaning, some Scholars took deeper and
implicit meanings in the texts.
• Differences in Methodology of Usul-Fiqh
There were differences in interpreting the forms and types
of commands. For example, in the Hadith regarding the
beard, there is a difference of opinion among the Scholars
regarding whether the Hadith indicates Fard, Mandub, or
Mubah commands.

• Differences in Understanding the Arabic

Language
This may be due to a different understanding of the Arabic
text where it offers more than one meaning.
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 Ishaaq.

• Jafari fiqh, or the Shi'ah fiqh