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Intro. to Islamic Jurisprudence (L-01).pptx

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Intro. to Islamic Jurisprudence (L-01).pptx

  1. 1. Introduction to Islamic jurisprudence Nazmul Hasan Sarker Lecturer, Department of Law EXIM Bank Agricultural University Bangladesh (EBAUB)
  2. 2. What is Islamic Jurisprudence • The Prophet (peace and blessings be upon him) said, Whomever Allah wants good for, He will grant him fiqh (deep understanding) of the religion. (Sahih Bukhari ) All Muslim Jurists are unanimously agreed that every word and action of a man though related to worship, trade, crime, and politics or even to personal life, has legal ruling (Hukm) under Islamic Law. • From these legal rules (Ahkam), some of them explicitly have been described in the text of Quran and Sunnah and some legal rules are not mentioned, however guidance has been provided to Muslim Jurists (Mujtahideen) to find and explore in the light of Quran and Sunnah. The study and exploration of these legal rules by Muslim Jurists may be called as Islamic Jurisprudence. • Islamic Jurisprudence is the study of Islamic law. It is a type of science that explores the creation, application, and enforcement of laws. It is the study of theories and philosophies regarding Islamic law. If we understand the theories and philosophies behind law, then we can better understand laws. Islamic Jurisprudence (Usul al Fiqh) discusses both the sources of Islamic law and the law. Primarily Islamic Jurisprudence deals with the sources or roots of Islamic law.
  3. 3. • Islamic Jurisprudence deals with the primary sources of Islamic law, the Quran and the Sunnah, and what are the methods of deduction of law from primary sources. It also discusses the secondary sources of Islamic law, the Ijma (consensus), Qiyas (analogical deduction), Istihsan (Juristic preference) and other methods of Ijtihad (reasoning and investigation) etc. All the secondary sources are either directly or indirectly based on the primary sources of Islamic law, the Quran and the Sunnah. • Example: The Science of Usool al-Fiqh is about the method by which rules are deduced from indications (evidences), so imagine a man thinking of a way to pick a fruit from a tree! The man is the mujtahid; the tree is the source/ evidence; the fruit is the hukm (ruling) and the method of picking is the procedure of deduction. 1- The Rules (Fruit) 2- The Sources (Tree) 3- The Rules of Interpretation (Istinbaat)/ Implications (Dalalaat) (Method of Picking) 4- The Interpreter (al-Mujtahid) and His Work (Ijtihaad) (Man)
  4. 4. Importance of Islamic Jurisprudence • The benefits of the study of Islamic Jurisprudence are many. From a study of Jurisprudence, we come to know the methods of interpretations of the Quran and Sunnah, all the secondary sources of Islamic law, the views of major scholars of the past and present, the rules of Qiyas and other methods of Ijtihad, the history of development of Islamic law and legal theory. All these make anybody who studies Islamic Jurisprudence cautious in approach to Islamic law. The need for the methodology of usul al-fiqh became prominent when unqualified persons attempted to carry out ijtihad, and the risk of error and confusion in the development of Shari'ah became a source of anxiety for the Ulama. • This subject has much importance because deduction (ijtihad) of an authentic Muslim jurist is applicable on every Muslim to follow the rules laid down by him. The Muslim Ummah can produce great mujtahid only by study of Jurisprudence in addition to other sciences. No Muslim can do Ijtihad or interpret Islamic law without having command on this subject.
  5. 5. • A Muslim, who has command on Islamic Jurisprudence, is called Mujtahid. The principal objective of Islamic Jurisprudence is to regulate Ijtihad and guide the jurist in his effort at deducing the law from the sources. Literal Explanation Islamic Jurisprudence and Usul al Fiqh are used as synonyms. Both terminologies are interchangeable, but they have slight differences in their origins and meanings as following: Uṣūl al-fiqh ( ‫الفقه‬ ‫صول‬ ‫أ‬ (comprises the conjunction of two Arabic terms, usool and fiqh. Usool is derived from the root word ASL (Usul is plural of Asl) which refers to the bases or roots (principles or rules) of Islamic Law. Fiqh linguistically refers to knowledge, deep understanding or comprehension.

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