This document provides an overview of Islamic jurisprudence (fiqh) and its relationship to sharia (Islamic law). It defines fiqh as the body of rulings and laws derived from sharia to address situations not expressly covered in the Quran and hadith. Sharia is fixed, while fiqh continues to develop with new circumstances. The sources of sharia - the Quran, hadith, consensus of scholars - are discussed. Several influential books on fiqh from different Islamic legal schools are summarized.
Discussed about the sources of Islamic law such as primary source (Quran, Sunnah, Ijmak & Qiyas) and secondary source (istishab, uruf, istihsan, & marsalih mursalah). also discuss of fiqh methods.
The root word of ijtehad is “Juhd” which means “to try or strive”. It's the process in which a scholar independently strive to find answers, reasons or solutions to the problem in light of Quran and Ahadees.
Qiyaas
Sometimes they use analogy to find solutions. E.g: alcohol is forbidden. So if a thing has same effect as alcohol, it is also forbidden.
This method of analogy is called “Qiyaas”.
ISLAMIC CRIMINAL JUSTICE SYSTEM
Islamic law refers to the diverse legal systems that have been and continue to be produced with the objective of being in accord with the Islamic faith. It is also known as sharia law, the word sharia means the clear, well-trodden path to water in Arabic.
According to the Islamic law there are certain exceptions for criminal liability which are as follows :
An insane person till he becomes sane.
A child till he grows to the age of
puberty.
An intoxicated person.
Other conditions (coercion, necessity, mistake , performance of right or duty, or self defense)
The Quran directly provides for certain punishments such as murder and bodily injured (qisas) theft, fornication, robbery and defamation (Hudud). It also provide for the prohibition of drinking alcohol.
Discussed about the sources of Islamic law such as primary source (Quran, Sunnah, Ijmak & Qiyas) and secondary source (istishab, uruf, istihsan, & marsalih mursalah). also discuss of fiqh methods.
The root word of ijtehad is “Juhd” which means “to try or strive”. It's the process in which a scholar independently strive to find answers, reasons or solutions to the problem in light of Quran and Ahadees.
Qiyaas
Sometimes they use analogy to find solutions. E.g: alcohol is forbidden. So if a thing has same effect as alcohol, it is also forbidden.
This method of analogy is called “Qiyaas”.
ISLAMIC CRIMINAL JUSTICE SYSTEM
Islamic law refers to the diverse legal systems that have been and continue to be produced with the objective of being in accord with the Islamic faith. It is also known as sharia law, the word sharia means the clear, well-trodden path to water in Arabic.
According to the Islamic law there are certain exceptions for criminal liability which are as follows :
An insane person till he becomes sane.
A child till he grows to the age of
puberty.
An intoxicated person.
Other conditions (coercion, necessity, mistake , performance of right or duty, or self defense)
The Quran directly provides for certain punishments such as murder and bodily injured (qisas) theft, fornication, robbery and defamation (Hudud). It also provide for the prohibition of drinking alcohol.
Introduction
Definition of the Shari’ah
Branches of the Shari’ah
Shari’ah and Fiqh
Classifications of injunctions
Features of the Shari’ah
Sources of the Shari’ah
Maqāsid of Shari’ah
Misconceptions of the Shari’ah
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
The rule of qiyas its meaning, justification, types, scope, application, feas...EHSAN KHAN
Qiyas, Definition of Qiyas, Scope of Qiyas, Meaning of Qiyas,
Applictaion of Qiyas, Types of Qiyas, examples of qiyas,
define qiyas with different examples
Introduction
Definition of the Shari’ah
Branches of the Shari’ah
Shari’ah and Fiqh
Classifications of injunctions
Features of the Shari’ah
Sources of the Shari’ah
Maqāsid of Shari’ah
Misconceptions of the Shari’ah
Explain about How the Quran is used as the first source of Syariah, referring to Principles of Islamic Jurisprudence book by Prof. Mohammad Hashim Kamali,
3rd edition (2005)
The rule of qiyas its meaning, justification, types, scope, application, feas...EHSAN KHAN
Qiyas, Definition of Qiyas, Scope of Qiyas, Meaning of Qiyas,
Applictaion of Qiyas, Types of Qiyas, examples of qiyas,
define qiyas with different examples
The term Sharia itself derives from the verb shara'a, which according to Abdul Mannan Omar's
Dictionary of the Holy Qur'an connects to the idea of "spiritual law" (5:48) and "system of
divine law; way of belief and practice" (45:18) in the Quran.
Formulation of Business Fiqh Contemporary (Formulation of Sharia Maqashid E-C...AJHSSR Journal
ABSTRACT: The formulation of Islamic law is based on a universal-humanity foundation, covering worldly
and hereafter interests, aiming to make people happy protect them from evil and destruction, and Islam is
suitable in various conditions, times and places. There is a greater difficulty if the development of Islamic law
does not want to go through the path of the goals of Islamic law, or at least the general principles of Islamic law.
Therefore, in the development of Islamic legal thought, thinkers are relatively quick to agree on ‗mashlahah‘ as
‗maqashid sharia‘ or what is more popularly known as the goal of Islamic law. More than that, maslahah in its
development is not only a legal goal but also becomes a proposition in the formulation of Islamic law itself. The
importance of research based on Islamic legal philosophy through the maqashid sharia of electronic commerce
(e-commerce), because it is a modern trading model, not discovered by researchers in classical fiqh, and even
contemporary fiqh before the 1990s, in Indonesia e-commerce began in the early 2000s. This qualitative
research paradigm and its type of normative legal research used secondary data traced and obtained from
libraries and internet sites to find new arguments regarding the formulation and purpose of Islamic law on ecommerce.
KEYWORDS: Formulation, Business Fiqh Contemporary, Maqashid Sharia, Electronic Commerce (ECommerce).
Sources of Islamic Law and Teachings.pdfZawarali786
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5. الفقه
Al-Fiqh
-الفقهThe word Fiqh means to understand .الفهمAn example
of this is found in the Qur’aan in the Dua of Prophet
Musaa (as) when he asked Allaah to remove the
impediment from his speech so Firaun and his people
could understand him.
{ لساني من عقدة واحلليفقهواقولي }.
“And loosen the knot from my tongue. That they may
understand my speech.”
Chapter 20 verses 27-28.
6. الفقه
Al-Fiqh
This usage is also found in the hadeeth of the
Prophet(وسلم عليه ال )صلى who said,
“Whoever Allaah intends good for. He gives him
understanding of the Deen.” Related by Muslim.
مسلم .رواه
7. VARIATION MEANING COUNT VERSES
Yafqahuna they understand 13
4.78, 6.65, 6.98, 7.179,
8.65, 9.81, 9.87, 9.127,
18.93, 48.15, 59.13,
63.3, 63.7
Yafqahuhu they understand it 3 6.25, 17.46, 18.57
Yafqahu they understand 1 20.28
Nafqahu we understand 1 11.91
Tafqahuna you understand 1 17.44
Liyatafaqqahu to study 1 9.122
8. الطصطلح في الفقه
Al-Fiqh According to the Scholars
Fiqh according to the scholars has the following meaning:
“The collection of rulings or laws, (taken from) Shariah,
dealing with actions, by which every Muslim is required
to live. It is important to know that these rulings deal with
the individual as well as the society.”
Fiqh-ul-Ebadaat Sh. Faisal Mawlawi
9. Four Great Imams of Islamic
Jurisprudence
Imam Jaffar
Imam Abu Hanifa
Imam Malik
Imam Shafai
10. شموليةالفقه
The Comprehensiveness of Fiqh
1. Worship- this aspect of Fiqh is dealing with salah, Zakaah, Siyaam,
and hajj.
2. Family issues- this aspect of fiqh is dealing with the family from the
beginning to the end. Such as the conditions for a sound marriage
divorce and so forth.
3. Transactions- this aspect of fiqh is related to how we cooperate with
each other in society. An example would be buying and selling
goods.
4. Politics- this aspect of fiqh deals with the organization of
government and governmental organizations in regards to the
Muslim nation.
5. Peace and war- this aspect of fiqh deals with foreign relations with
other countries depending on the current condition that exist
between the Islamic state and those countries.
11. اللسليمي التشريع يمصادر
The Sources of Islamic Jurisprudence
T h e S o u r c e s o f S h a r 'e e a h
T h e Q u 'r a a n
T h e S p e e c h o f A lla a h
D e a ls w it h P r in c ip le s
T h e S u n n a h
T h e life o f t h e P r o p h e t
( S a lla a h u a la y h e w a s a la m )
D e a ls w it h d e t a ils
S h a r 'e e a h
T h e S u m t o t a l o f w h a t h a s b e e n r e v e a le d
t o t h e P r o p h e t ( s a lla a h u a la y e w a s a la m )
Jurisprudence(Fiqh)
12. الشريعة و الفقه بين الفرق
The Differences Between Fiqh and Shar’eeah
Fiqh.
1. A body of laws deduced
from the Shar'eeah to
cover specific situations
not covered in the
Shar’eeah.
2. Fiqh changes according
to the circumstances
surrounding it.
Shar’eeah.
1. Shar’eeah is the body of
laws found both in the
Qur’aan and Sunnah.
2. Shar’eeah is fixed and
unchangeable.
13.
14. Source Methodology In Islamic
Jurisprudence (The Usul Of Islamic Fiqh)
by Taha Jabir Al-Alwani
This book is an attempt to
simplify and introduce Usul al Fiqh
to students of the social sciences
and humanities who do not have
the opportunity to study the details
of the science considered to be the
most important method of research
produced by Islamic thought during
its most creative period.
Paperback
Published October 1st 2003 by IIIT
15. A Summary of Islamic Jurisprudence
Language:English
Authorship:Saleh Bin Fawzaan al-Fawzaan
Short Discription:
This is very easy and important book which shows the
shar’i rulings and their evidences. It contains topics e.g.
purification, prayer, zakah, fasting, pilgrimage and
Jihad. Afterwards, it begins to show the other rulings
e.g. trade transactions, partnership, sharecropping and
renting, inheritance, marriage, divorce, prescribed
punishments and food.
Addition Date:2009-11-07
Short Link:http://IslamHouse.com/250010
16. Al-Shafi'i's Risala: Treatise on the
Foundations of Islamic Jurisprudence
by Muhammad ibn Idris al-Shafi'I,
الشافعي إدريس بن ,محمد
Muhammad ibn Idris al-Shafi'I, Majid Khadduri
(Translation)
Written in the second Islamic century by al-
Imam al-Shafi'i (d. 204AH/820AD), the
founder of one of the four Sunni schools of law,
this important work gives the fundamental
principles of Islamic jurisprudence and its
influence continues to the present day.
Hardcover, 380 pages
Published December 1st 1997 by Islamic Texts
Society (first published December 31st 1993)
17. 500 Questions Answers
on Islamic Jurisprudence
by Muhammad M. Abdul-Fattah
(Compiler Translator),
Reima Y. Shakeir (Editor)
http://www.worldcat.org/title/500-que...
Hardcover, 400 pages
Published 2006 by Dar Al-
Manarah (first published January
1st 2004)
18. Basis for Jurisprudence and Islamic Rulings (Islam
Questions And Answers)
by Muhammad Abdul-Rahman
This book, Basis for Jurisprudence and Islamic
Rulings, Questions And Answers.This Volume deals
with Accountability, Sources for Islamic Rulings and
Shari'ah, Innovations in Religion and Worship.
Kindle Edition, 440 pages
Published July 30th 2012
Note:There are eight parts of this book
Jurisprudence and Islamic Rulings: Transactions - Part 2 (Islam Questions And Answers)
by Muhammad Abdul-Rahman
This book, Jurisprudence and Islamic Rulings: General and Transactions - Part 2: Questions And
Answers.This Volume deals with Marriage, Rights of spouses, Dowry, Engagment, Things which
annul marriage, Rulings on Marriage
Kindle Edition, 472 pages
Published July 30th 2012
19. Jurisprudence and Islamic Rulings: Transactions - Part 3 (Islam
Questions And Answers)
by Muhammad Abdul-Rahman
This book, Jurisprudence and Islamic Rulings: General and
Transactions - Part 3, : Questions And Answers.This Volume deals
with Plural marriage and fair treatment of co-wives, Marriage.
Kindle Edition, 470 pages
Published July 30th 2012
Jurisprudence and Islamic Rulings: Transactions - Part 4 (Islam Questions And
Answers)
by Muhammad Abdul-Rahman
This book, Jurisprudence and Islamic Rulings: General and Transactions - Part 4: Questions And
Answers.This Volume deals with Invalid Marriages, Women Who are Forbidden for Marriage,
Mahram Relatives, Conditions of Marriage
Kindle Edition, 335 pages
Published July 30th 2012
20. Jurisprudence and Islamic Rulings: Transactions - Part 5
(Islam Questions And Answers)
by Muhammad Abdul-Rahman
This book, Jurisprudence and Islamic Rulings: General and
Transactions - Part 5: Questions And Answers.This Volume
deals with Divorce, Waiting Period of Widow or Divorcee,
Breast Feeding, Custody.
Kindle Edition, 389 pages
Published July 30th 2012
Jurisprudence and Islamic Rulings: Transactions - Part 6 (Islam Questions And Answers)
by Muhammad Abdul-Rahman
This book, Jurisprudence and Islamic Rulings: General and Transactions - Part 6, :
Questions And Answers.This Volume deals with Business and Finance, Copyrights,
Taxes, Business Contracts, Credit Cards, Investment, Business Partnerships, Forbidden
Transactions,
Kindle Edition, 486 pages
Published July 30th 2012
21. Jurisprudence and Islamic Rulings: Transactions - Part 7
(Islam Questions And Answers)
by Muhammad Abdul-Rahman
This book, Jurisprudence and Islamic Rulings: General and
Transactions - Part 7: Questions And Answers.This Volume
deals with Employment for a Salary, Prohibited Jobs,
Women's Work, Ruling on jobs, Forbidden Kinds of Wealth
Kindle Edition, 363 pages
Published July 30th 2012
Jurisprudence and Islamic Rulings: Transactions - Part 8 (Islam Questions And Answers)
by Muhammad Abdul-Rahman
This book, Jurisprudence and Islamic Rulings: General and Transactions - Part 8, : Questions And
Answers.This Volume deals with Employment for a Salary, Insurance, Blood Money, Debts,
Felonies, Killing by Mistake, Manslaughter, Punishment and Judicial Sentences
Kindle Edition, 348 pages
Published July 30th 2012
22. Islamic aqidah and fiqh: A textbook of Islamic
belief and jurisprudence
by B. Aisha Lemu
This textbook offers a new approach to the teaching
of Islamic Studies, esp. for younger students. It
offers authentic information on Islamic 'Aqidah and
Fiqh in simple English, combining the spirit of the
teachings of Islam with their moral and social
values. Moreover, the author has used her wealth of
knowledge of other subjects in putting facts across
to the students.
Paperback, 218 pages
Published October 1st 1996 by IQRA® International
Educational Foundation (first published 1996)
24. Islamic Jurisprudence According to the Four Sunni
Schools: Al-Fiqh 'Ala al-Madhahib al-Arba '
Volume I Acts of Worship
by Abd al-Rahman al-Jaziri
The book deals the forms of worship, the
volume elucidates the laws concerning
ritual purity, ritual prayers, fasting,
spiritual retreats.
Paperback, 1034 pages
Published May 1st 2009 by Fons Vitae
25. In Pursuit of Justice: The Jurisprudence
of Human Rights in Islam
by Maher Hathout, Gasser Hathout
This book covers various human rights
subject matters from an Islamic persprective.
Subjects include Justice, Democracy, Sanctity
of Life, Freedom of Speech, Freedom of
Religion, The Status of Women, Non-
Muslims, Property Rights, Citizenship,
Freedom of Association, Freedom of
Movement, Children, Security of Person,
Slavery, Social Services,
Paperback, 485 pages
Published January 1st 2006 by Muslim Public
Affairs Council