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Unit03 nature of islamic law


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For students of LL.B. I Semester 1

Published in: Education

Unit03 nature of islamic law

  1. 1. One-Day Sessional Seminar On The Nature of Islamic Law 28th May, 2016 For LL.B. (Five Years) Semester 1st Asmatullah kakar
  2. 2. Unit 03 Nature of Islamic Law  On completion of this Unit the students shall be able to answer the following questions  How can law be defined from Islamic perspective?  What is the nature of Islamic Law  What are the purposes and functions of Islamic Law?  How can Islamic Laws be classified?
  3. 3. Law (‫)حکم‬ – Its Definition A Communication from God with reference to men’s acts, expressive either of demand or indifference on His part, or being merely declaratory. Sir Abdul Rahim
  4. 4. Nature of Islamic Law • Commands • Must and must not do • May or may not do or • Ought or ought not do • e.g. of formation of a contract Communication Not Doing Doing Violation = OmissionViolation = Commission Wajib/Fard Makruh Mubah Mandub Permissible
  5. 5. Nature of Islamic Law God as Law Giver Iman or Faith Sanctions Scope Essentials • God the only law-giver • However, promulgated through Prophet Muhammad • The most important essential • Belief in God and acknowledgement (‫)تصدیق‬ of His authority over one’s actions • Award: in hereinafter life • Penalty: two types: • ‫عقاب‬ = In this world (Punishments) • ‫عذاب‬ = In hereinafter life • Commands: Must/must not do • Indifference: May/may not do • Declaratory: Informing something
  6. 6. Nature of Islamic Law Elements ‫حاکم‬ (Law-Giver) ‫حکم‬ (The Law) ‫بہ‬ ‫محکوم‬ (The Objectives of Law) ‫علیہ‬ ‫محکوم‬ (The Subjects of Law)  The ultimate law-giver is God, however, limited powers have been given to Muslims through Ijtihad  Communication of the nature of:  Commands,  Indifference, or  Declaratory  To which the communication relates i.e. Acts, Rights and Obligations  Muslims are full – non-Muslims are limited subjects
  7. 7. Purposes and Functions of Islamic Law Individual Development & Social Welfare Restraining the Freedom & Securing the submission of the will to Allah
  8. 8. The Forms/Kinds of Human Acts Under Islamic Law Wajib or Fard – Obligatory Act MandubCommendable/Voluntary Act Mubah Permissible Act Makruh Dislike/Condemended Act Haram Forbidden Prohibited Act The Hierarchy of Human Acts Under Islamic Law
  9. 9. Revealed Unrevealed Defining Declaratory Perfect Imperfect Certain Presumptive Religious Secular Strict Modified Public Private Repealing Amending Classification of Islamic Laws Law of Persons Law of Evidence International Law Law of Procedure