Information

1. Muhammad Sohaib Ashraf
Lecture No.9
ISLAMIC JURISPRUDENCE

2. JURISPRUDENCE
• The word “Fiqh” is an Arabic term meaning “deep
understanding” or “ full comprehension”.
• Fiqh or Islamic jurisprudence is the source of a range of laws in
different topics that govern the lives of the Muslims in all aspects
of everyday life

3. SHARI’AH
1. Lexical meaning: Plain Way
2. Technical meaning: The Divine Law

4. THE DIFFERENCES BETWEEN FIQH AND
SHAR’IAH FIQH
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’IAH FIQH
• 1. Shar’eeah is the body of laws found both in the Qur'an and
Sunnah.
• 2. Shar’eeah is fixed and unchangeable.

5. THE SOURCES OF SHARIAH
When the Holy Prophet (SAW) intended to send his companion
Mu’adh, may Allah be pleased with him, to Yaman as a ruler and as a
judge, he asked him: How will you adjudicate a matter when it will
come to you?
He Said, “I shall decide on the basis of Allah’s Book (the Holy
Quran)”
The Holy Prophet asked, “if you do not find it in Allah’s Book (what
will you do)?
He said: “ then, on the basis of the Sunnahof Allah’s Messenger”.
“If you do not find it even in the Sunnah of Allah’s Messenger
(what will you do)? The Holy Prophet asked.

6. CONTI…
He replied: “I shall make ijtihad on the basis of my
understanding and will not spare any effort (to reach the
truth). On this the Holy Prophet (SAW) said, “ Praise be to Allah,
who has let the messenger of the messenger of Allah to do what
pleases Allah’s messenger”. (Abu Dawood, Hadith no3592)

7. IJTIHAD
• Literal meanings: To exert one’s utmost effort
• Technical Meaning: To exert utmost effort to discover a ruling of
Shariah in a particular matter

8. REQUIREMENTS OF IJTIHAD
Extensive knowledge of
• The Arabic language and literature
• The Holy Quran
• The back ground of the verses of the Holy Quran called” Asbab-
un-nuzool”
• Critcal studies of the traditions relevant to the exegesis of the
Quran & Sunnah
• Critical studies of “Ahadith” and their authenticity
• Islamic jurisprudence

9. SOURCES OF SHARIAH
• The Holy Qur’an
• The Sunnah of the Holy Prophet (SAW)
• Ijma’ (consensus of the Ummah)
• Qiyas (Anology)

10. EXAMPLE OF ANALOGY
• This hadith simply implies that every thing that makes you insane/out of conscious
is Haram. So the reason of being haram is making one self unconscious.

11. CONTI…
• Some times that reason is not so clear like Hadith of
Ubada Bin Samit.

12. JAZAKALLAH
&
THANKS