The document discusses the primary and secondary sources of Islamic law. The primary sources that are unanimously agreed upon are the Quran, sunnah, and ijma. Secondary sources like qiyas and istihsan are not unanimously accepted. The Quran contains commandments and guidance from Allah. The sunnah refers to the sayings, actions, and tacit approvals of the Prophet Muhammad. Islamic law is derived from these primary sources through scholarly interpretation and jurisprudence.
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)
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)
Understanding Taqlid Following One of The Four Great ImamsYousef al-Khattab
Much confusion has sadly reigned concerning the subject of Taqlid amongst Muslims creating disunity and even animosity. The root cause however has been nothing more than the lack of information and access to the facts. This short but comprehensive work deals authoritatively with this misunderstood concept in Islam. “Understanding Taqlid,” explains the basic meaning of Taqlid and its ruling in the light of the Holy Qur’an and Sunnah. Furthermore, it also robustly augments the Islamic ruling quoting no less than a dozen major Classical Sunni scholars, such as Imams Nawawi (author of Riyad al-Salihin) and Jalal al-Din al-Mahalli (co-author of Tafsir of al-Jalalayn), proving that, contrary to propaganda, this was and always has been the position of the Ummah and its scholars for the majority of its history until recent times.
Introduction
Whether or not a person should follow one of the four schools is an issue that has created much confusion among Muslims today. It is hoped this short treatise will serve to dispel much of the misinformation regarding this issue and furnish the details for why the four schools (Hanafi, Maliki, Shafi’i and Hanbali) have such a central role in Sunni Islam.
Due to the importance of this subject, this booklet is being distributed for free and there is no copyright preventing anyone wishing to reprint it from doing so. Finally, I would like to thank Mufti Javed Iqbal of Al-Habib Trust, and my brother Mufti Sarfraz Muhammad for their invaluable help and advice. May Allah Most High accept this effort, make it beneficial and reward all those who helped in any way in its production. Amin.
Muhammad Sajaad
15th Dhū’l-Qaʿda 1431 ah
24th October 2010
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
Acts and Obligation (Islamic jurisprudence II)EHSAN KHAN
ACTS AND OBLIGATIONS
Shari`ah has been loosely defined as “Islamic law” and so has fiqh. These terms are not synonymous either in the Arabic language or to the Muslim jurists.
Understanding Taqlid Following One of The Four Great ImamsYousef al-Khattab
Much confusion has sadly reigned concerning the subject of Taqlid amongst Muslims creating disunity and even animosity. The root cause however has been nothing more than the lack of information and access to the facts. This short but comprehensive work deals authoritatively with this misunderstood concept in Islam. “Understanding Taqlid,” explains the basic meaning of Taqlid and its ruling in the light of the Holy Qur’an and Sunnah. Furthermore, it also robustly augments the Islamic ruling quoting no less than a dozen major Classical Sunni scholars, such as Imams Nawawi (author of Riyad al-Salihin) and Jalal al-Din al-Mahalli (co-author of Tafsir of al-Jalalayn), proving that, contrary to propaganda, this was and always has been the position of the Ummah and its scholars for the majority of its history until recent times.
Introduction
Whether or not a person should follow one of the four schools is an issue that has created much confusion among Muslims today. It is hoped this short treatise will serve to dispel much of the misinformation regarding this issue and furnish the details for why the four schools (Hanafi, Maliki, Shafi’i and Hanbali) have such a central role in Sunni Islam.
Due to the importance of this subject, this booklet is being distributed for free and there is no copyright preventing anyone wishing to reprint it from doing so. Finally, I would like to thank Mufti Javed Iqbal of Al-Habib Trust, and my brother Mufti Sarfraz Muhammad for their invaluable help and advice. May Allah Most High accept this effort, make it beneficial and reward all those who helped in any way in its production. Amin.
Muhammad Sajaad
15th Dhū’l-Qaʿda 1431 ah
24th October 2010
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
Acts and Obligation (Islamic jurisprudence II)EHSAN KHAN
ACTS AND OBLIGATIONS
Shari`ah has been loosely defined as “Islamic law” and so has fiqh. These terms are not synonymous either in the Arabic language or to the Muslim jurists.
ISLAMIC DIVINE LAW (SHARI’AH)
Structuring the Life of Man by Divine Law
The Five Ruling Values (The Five Ahkam) ﺍﻟﺨﻤﺴﺔ ﺍﻷﺣﻜﺎﻡ
Mashhad Al-Allaf
What is a Hukm (a legal rule)?
Who is Legally and Morally Obligated (Mu.kal.laf)?
The Nature of Allah's Commands
The Five Categories of Ruling Values:
1. Wajeb or Fardh (Required, Obligatory)
2. Mandoob (Recommended)
3. Mubah (Permitted but Morally Indifferent)
4. Makrooh (Discouraged or Abominable)
5. Haram (Forbidden or Prohibited)
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.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
2. Distinction between primary and secondary
source
Primary source are those that are unanimously agreed upon by the Sunni
schools . Quran , sunnah and while secondry source are not unanimously
accepted by sunni schools . Ijma (consensus of legal opinion), Qiyas
(Analogy) accepted by few sunni school not by others , Istihsan is accepted
by the Hanafi and Malki schools not by others . Shi’ah schools don't accept
Quran and sunnah. Zahi’r’i school did not accept analogy
Primary source are transmitted منتقل source, while secondary source are
mostly rational عقلی source. Opinion of Companions on primary source
Primary sources are definitive مقرر ,حتمی source , while secondary are
probable وقوع ِلقابممکنہ
Laws discovered through the primary sources may be extended through
rational sources, while laws discovered through secondry source can’t be
further extended.
3. • Quran
To the Muslims, the Quran is the Word of God and contains complete
guidance for mankind. Much of the Quran is about God, His attributes and
man's relationship to Him. But it also contains directives for its followers,
historical accounts of certain prophets and peoples, arguments for
accepting Muhammad as a genuine Prophet and good news for the
believers and warnings for the disbelievers. Broadly speaking, the contents
of the Holy Quran fall into five main categories:
Nature of the Spiritual World
The Law and Commandments
Historical Accounts
The Wisdom
The Prophecies
4. • Allah is true source of all law
“The hukm (order) belongs to Allah alone” 6:57
There are Six Hundred verses in Quran that indicate commandments
(Ahkams) of Islamic law .
About Five Hundred of these pertain to worship (Ibadt) and remaining to
crimes ,personal law other issues.
70 verse about family law.
80 verses to trade and finance.
13 to oaths.
30 verses about crimes and sentence .
Ten constitutional and administrative matters
25 International law and prisoners of war
5. Hukm Shar’i
Elements of Hukm Shar’i
The Hukm Shar’I in its literal sense conveys the meaning of a rule of Islamic
Law. It comes through the operation of its three elements (arkan)
1. The Hakim (lawgiver),the true source from the which hukm
originates.the orginal source for Islamic law is Hakim or the Law giver
,that is, Allah Almighty.
2. The mahk’um fih or the act on which the hukm oprates, Also called the
mahkm bih
3. The mahkum alayh or the subject (legal person) for whose conduct the
hukm is stipulated.
6. Meaning of Hukm Shar’i or meaning of Islamic
law
The Arabic word hukm in its literal sense means a command
.in its technical sense its means a ”rule", this may be a rule of
any kind.
The Muslims jurists give us definition hukm shar’I as
“A communication from Allah, the Exalted, related to acts
of the subject through demand or option or through a
declaration”
7. Communication
Makes a demand
Grants a Choice
Makes a Declaration
Demand Commission Binding Obligations
Non-Binding Recommendation حمایت ۔ تجویز
یافتہ
Omission Binding Prohibition
Non-Binding Abomination مکروہ
Declaration Cause
condition
Obstacle رکاوٹ
9. Frad: Obligatory .this duty arise an evidence or source that is definitive
with respect to its implication
Wajib: obligation. This duty I slightly weaker than the first in its demand
for commission . It arise from a source that is probable with respect to its
implication and authenticity . The demand however has been expressed
in binding terms.
Mandub, recommended کرنا .تجویزthe deference between
recommendation and the tow kinds of obligation above is based on the
binding nature of the command. The source is probable ,but the demand
is expressed in non-binding terms
Makroh karahat al-tamzih . Disapproved .نامنظور It is an act whose
omission is demanded by lawgiver through a probable evidence
expressed in non-binding terms
10. Makroh karahat al-tahrim abominable نفرتانگیز ,حقیر . This category arises
from a probable evidence expressed in binding terms . It is close to
prohibition
Haram: Prohibited ممنوعہ or duty not to commit an act. This arises from a
definitive evidence
Mubah permissible .جائز No duty is created and the subject is given a
choice to perform the act or not to perform it. We may also say here that
the subject is sometimes given the power to create obligations and duties
with respect to other individual . This may occur, for example
in the case a person appointing another his agent or concluding a
contract with .
11. • Declaratory rules واضح اعالنیہ استقراریہ (
Hukm Wad’i)
The law of wadh'I is, the word of Allah which is in the form of a provision
that makes something as a cause or condition or a barrier from a law of
taklifi .
Therefore, in reality, the law wadh'I is closely associated with taklifi, either
in the form of reason ( cause ), thus producing a result ( musabbab ) a
UUM taklifi.
Or in terms of conditions ( conditions ), so that it is possible ( masyruth) a
law of taklifi, or in the form of obstruction رکاوٹ (mani), so that a law of
taklifi becomes unsuccessful (assuming). In addition, it includes the
discussion of the legal restraints relating to the law (general and normal
law) and rukhsah (relief). Ash-shihhah (sah) and al-buthlan (invalid). Thus,
the rulers of the law of wadh'iberkaiatan with seven main things namely,
because, syarth, mani, azimah, rukhsah, ash-shihhah. And al-buthlan.
12. 1. Classification secondry rules ito Sabab,shart and obstruction mani. The
usul’I is concerned more with this classification
2. classification into sihhah ,جائزیتbutlan محدومیت and fasad کر خرابدینا ,
ناقص (validity,nullity and vitiations). This classification is more important
for the faqih. Because it pertains to performance of acts
3 Classification into Azimah and rukhsah (general rules and
exemptions). This classification helps the jurists identify the general
principle of the law and the exceptions to these general principle. It is
used as a tool for achieving analytical consistency
13. The distinction between the (Hukm Taklifi )and
The Hukm Wad’i
The aim of the hukm taklifi is to create an obligations for the commissions
or omission of an act or to grant a choice between the commission or
omission of the act while the hukm wad’I has no such aim. It’s a purpose
is to either inform the subject that certain things cause of or it is to
explain the relationship that exists between two rules or to provide the
criterion for judging whether an act performed is valid or void
The act or event that is affected by the hukm taklifi is within the ability of
subject with respect to its commission and omission . The fact by hukm
wad’i may or may not be within the ability of subject with respect to
commission or omission. In other words it is always possible for subject
to commit or omit an affected by hukm taklifi but it may not be possible
for him to commit or omit all acts that fall within the domain of the hukm
wa’d’I .
14. • The fundamental Norm of The legal System
I am ready to obey such and such law as it has been communicated to me
by qualified jurist
I follow the opinion of the jurist as it is in conformity with the source of
Islamic Law.
I obey a law based on the sources as they are sources revealed to
Muhammad. I obey Muhammad for he is messenger of Allah and
I believe in Allah
15. • Sunnah
In its literal meaning the word Sunnah stands for the (well known path)
are the (well trodden path), which is followed again and again saying of
prophet p.b.u.h is “He who establishes a good sunnah has its reward
and reward of however acts upon it till the day of judgment, and he
who establishes a bad sunnah bears its burden and the burden of
whoever acts upon it till the day of judgment.” The sunnah of an
individual is a practice that he considers binding for himself and that he
attempt protect and uphold.
Technical meaning of Sunnah
1. Some jurists apply it to mean the recommended acts of worship
while others apply it to supererogatory اعلی acts.
16. 2. The word sunnah as an antonym of (bidah) innovation, that is innovation in
matters of religion in this sense it is said “this act is sunnah that is it is legal.
The meaning of legal is assigned to its irrespective of the legality arising from the
Quran or Sunnah. When it is said that such and such act is bidah it means it is
not legal according to Quran and Sunnah.
3. The term sunnah is used to mean the practice of companions (sahaba), even
though they are relying on it on the authority of book, the sunnah, or their own
ijtehad an example is compilation of the Quran.
4. Finally, it is defined as “what was transmitted from the messenger of Allah
p.b.u.h of his words acts and tacit approvals.” It is in this sense that the jurists the
term sunnah as a source of Islamic law.
17. Kinds of sunnah
The classification of sunnah according to nature there are three types of
sunnah
1. Sayings (Qawliyah)
2. Acts (Failiha)
3. The tacit approval (Taqririyah)
these three Kinds of Sunnah are the practice of Prophet (PBUH)
19. • Status of Sunnah with respect to the Quran
Authority of Hadith from the Qur'an
اَمَوَنِل ََِّّلا ٓاَهۡیَلَع َتۡنُك ۡىِتَّال َةَلۡبِقۡال اَنۡلَعَجَّی ۡنَّمِم َل ُۡوسَّالر ُعِبَّتَّی ۡنَم َمَلۡعىَٰلع ُبِلَقۡن
ِهۡیَبِقَع
Translation: “And we did not make the Qiblah upon which you were (Bayt
al- Maqdis) but so that we may distinguish who follows the Rasul from he
who turn on his heels.” 2:143
In the above verse, a reference of the previous order to face Bayt al-
Maqdis (Jerusalem) is given.
The express order is no where in the Qur'an. It is thus clear, that there are
orders given to Rasulullah [Sallallahu 'alayhi wasallam] which are not
recorded in the Qur'an. It is therefore incorrect to state that we only follow
the Qur'an and not the Ahaadith.
20. عَمِلَن ۡوُناَت ۡخَت ۡمُتۡنُك ۡمُکَّنَا ُ هاّٰللۡمُکَسُفۡنَا
Translation: ‘Allah knows that you used to deceive yourselves’ 2:187
In the beginning stages, fasting used to commence after one falls asleep.
was prohibited to eat or cohabit with one’s wife after falling asleep. The
order for this prohibition is not in the Qur'an. It was given to Rasulullah
[Sallallahu 'alayhi wa sallam] and the Qur'an refers to that. It is clear from
the above two examples that not every order of the Shari’ah is in the
Qur'an only, but they were also given to Rasulullah [Sallallahu 'alayhi wa
sallam]. Some of these orders are referred to in the Qur'an.
21. It is obvious that the orders of Rasulullah [Sallallahu 'alayhi wa sallam] are
by Divine Order. Allah Ta’ala
says, َ وى ۡحَو ََِّّلا َوُُ ِۡنا ؕ ٰوَهۡال َِنع ُُِِۡنَی اَمى ٰح ۡووی
Translation: ‘And he (Rasulullah [Sallallahu 'alayhi wa sallam] does not speak
from desires. It is not but revelation sent to him.’ 53:3-4
22. ۡكِالذ َكۡیَلِا ۤاَنۡلَزۡنَاَو ُِربوالزَو ِتٰنِیَبۡالِبۡیَلِا َل ِزُن اَم ِاسَّنلِل َنِیَبُتِل َرُۡمهَّلَعَلَو ۡمِه
َن ۡوُرَّكَفَتَی
Translation: “We have revealed to you (O Muhammad) the message (al-Qur'an)
so that you can explain to the
people what was revealed to them, in order that they may reflect.” 16:44
The sunnah is a commentary of Quran
The sunnah links a vacillating اوپرنیچےہونا case with a known principle
The sunnah performs analogy on the basis of a rule in the Quran
The sunnah lays down general principles
The sunnah elaborates the meaning of words in Quran