Thanks to visit codestin.com
Credit goes to www.scribd.com

Scribd
Upload
18 views4 pages

Lecture 3

Islamic jurisprudence views Sharia as the divine law originating from Allah and revealed in the Quran and teachings of the Prophet Muhammad. Where divine texts do not provide a clear answer, Islamic jurists use consensus (ijma) and analogical reasoning (qiyas) to derive rulings. Sharia is considered infallible and all-encompassing, governing both religious and social aspects of life. It differs from modern man-made laws which only cover social matters and can change, whereas Sharia as the expression of Allah's commands cannot. Sharia contains both moral obligations and legal injunctions, with five categories of religious rulings from the strictly obligatory to morally permissible.

Uploaded by

M Shahdeen Rafi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
18 views4 pages

Lecture 3

Islamic jurisprudence views Sharia as the divine law originating from Allah and revealed in the Quran and teachings of the Prophet Muhammad. Where divine texts do not provide a clear answer, Islamic jurists use consensus (ijma) and analogical reasoning (qiyas) to derive rulings. Sharia is considered infallible and all-encompassing, governing both religious and social aspects of life. It differs from modern man-made laws which only cover social matters and can change, whereas Sharia as the expression of Allah's commands cannot. Sharia contains both moral obligations and legal injunctions, with five categories of religious rulings from the strictly obligatory to morally permissible.

Uploaded by

M Shahdeen Rafi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

Concept of Law in Islamic Jurisprudence

-Meaning of Sharia

The concept of Law in Islam or the Islamic notion of Law is in the


words of Mr. Justice Mahmood, “It is to be remembered that
Mohammadan Law is so intimately connected with religion that they
can’t readily be disserved from it.”
There is in Islam a doctrine of Certitude (Ilm-Al-Yaqin) in the matter of
good and evil. Technically good and evil according to Muslim doctors
are Husn (Beauty) and Qubh (Ugliness)
In the ethical acceptance of the term, what is good or morally beautiful
that must be done and what is evil or morally ugly that must not be done.
- That is Law or Shariat.
But what is absolutely and indubitably beautiful? What is absolutely or
indubitably ugly? These are the important legal questions; and who can
answer them? Certainly not human being –say the Muslim Jurists. They
think that only the divine (Allah) can answer it.
So we have the words of Allah – The Holy Quran. So we have the
teachings of his messenger – The Hadith /Sunna. And if it is not in the
Quran or Sunna to answer a particular question then we have to follow
the consensus of opinion of the Jurists – Ijmaa and finally analogical
deduction in accordance to certain definite principles of Sharia – Qyas.
There are two concepts of Law:
 One is divine origin.
 And the other is man made.
The divine origin is Muslim Law, Hindu Law – Personal laws and others
are man made such as Greek Law, Roman Law, in fact all modern
legalizations. Modern Jurisprudence can be changed as it is man made
but Islamic Law cannot be changed. According to Austin, “Law is the
command of superior which obliges a person or persons to a course of
conduct.”
But in Islamic Law the Laws were made by Allah and the subjects are
human beings.
Islamic Law – Sharia is wider in its scope because it covers social and
spiritual aspects of life but man made laws covers only the social aspects
of life.
Sharia – Literally the road to the watering place, the path to be
followed. Technically means the canon Law of Islam. The Totality of
Allah Commandments is Sharia. Each of such commandments is called
“Hukum”

Shariat embraces all human actions. For this reason it is not “Law” in the
modern sense, it contains an infallible guide to ethics.
Shariat is fundamentally a code of obligations. It is fundamentally a
doctrine of duties. Legal consideration and individual rights have a
secondary place in it.

According to Sharia, religious injunctions are of 5 kinds:- Al Ahkam Al


Khamsa

1. Those strictly enjoined are Farz e.g. Five times daily


prayers.
2. Those strictly forbidden are Haram e.g. drinking wine.
3. Things advised to do Mandub e.g. additional prayers at Eid
4. Things advised to refrain from Makruh e.g. certain kinds
of fish.
5. Things about which religion is indifferent is Jaiz e.g.
Travel by Air

“Legal necessity is different from moral obligations if this is not kept in


mind then confusion will arise.” says Mr. Justice Mahmood in the
leading case of Gobind v. Inayatullah (1885) 7All 775. Thus shariat or
sacred Law is totalitarian; All human activity is embraced in its
sovereign domain. But it is only moral obligations and not a legal one
and there is difference between that which is only morally enjoined and
that which is legally enforced that is Fiqh – Islamic Law proper.

You might also like