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Nitham - CH 7 - 14 - Submission 06

The document discusses Islamic legal theory and principles of jurisprudence. It covers topics such as the sources of Islamic law (Quran and hadiths), the different types of legal rulings, and the role of qualified jurists and rulers in deriving and implementing rulings. It also mentions the different types of legal texts and obligations in Islamic law, including obligatory, recommended, disliked, permissible, and prohibited rulings. The document provides references for further reading on Islamic constitutional law and political theory relating to the implementation of Sharia rulings by Islamic authorities.

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170 views3 pages

Nitham - CH 7 - 14 - Submission 06

The document discusses Islamic legal theory and principles of jurisprudence. It covers topics such as the sources of Islamic law (Quran and hadiths), the different types of legal rulings, and the role of qualified jurists and rulers in deriving and implementing rulings. It also mentions the different types of legal texts and obligations in Islamic law, including obligatory, recommended, disliked, permissible, and prohibited rulings. The document provides references for further reading on Islamic constitutional law and political theory relating to the implementation of Sharia rulings by Islamic authorities.

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Copyright
© Attribution Non-Commercial (BY-NC)
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Chapter 7

Hukum Shariah

1. Hukum is the speech of Allah:


a. Conclusive – muttawatir
b. Inconclusive – dhanny athuboot

2. Qatiy, uthuboot – the conclusive hukum but not qatiy in meaning e.g. jizyah. Hanafi madzab
uses it double form.
3. Dhanny uthuboot – will not form conclusive hukum.
4. The hukum is understood through correct ijtihad
5. Types of Mukallaf:
a. Mujtahid
b. Muttabi Type of Muqallid
c. Ammi
6. Muqallid is not allowed to follow two different intihad on a particular issue
a. Muqallid decide to follow a particular school of thought then he is not allowed to
follow any other ijtihad
b. For the sake of unity, mujtahid is preferred to follow the other ijtihad but at the same
time not to compromise on his understanding

References:
1. Study in Ushul ul Fiqh
2. Understanding the Ushul ul Fiqh
3. Book by Hasan Kamali
4. Role of Isnad – Kcom website
5. Principles of Islamic Jurisprudence – Imran Khan Niyazi

*Need more explanation on last paragraph of this chapter.

Chapter 8

The Type of Ahkam Shariah

Types of Ahkam shariah are five:


1. Fard
2. Mandub
3. Makruh
4. Mubah
5. Haram
Chapter 9

Sunnah

Sunnah and the fard is from Allah SWT


Meaning of Sunnah:
1. Method
2. Nafillah
3. Shariah evidences came from Rasool SAW

Chapter 10

Emulating (at-tassi) the Action of the Messenger SAW

Actions of Muhammad SAW are of two kinds:


1. As actions performed by him as a part of human nature.
2. Actions performed by him which are as a part of his human nature they are specific to him
e.g. to perform tahajjud prayer is Fard for Rasool SAW.

Chapter 11

Adopting Divine Rules (Ahkam Shariah)

During the time of Sahabah, The Muslims – The Judges, The Rulers – used to extract the Ahkam
Shariah from the Book and the Sunnah by themselves.

Hukum Shari says “ The Imam’s decree is to be executed openly and covertly”.

The Ijma as sahabah confirms that the Imam has the authority to adopt certain rules and order that
they be executed and the Muslims must obey, even if their ijtihad differs from it.

The well known shar’aih principles are:


1. The Sultan has the right to adopt decrees as numerous as the actual problems
2. The Imam’s decree resolves the discord
3. The Imam’s command is executed openly and covertly.

Khaleefah  Ahkam  All people to execute.

Chapter 12

Constitution and Canon

References:
1. Muzzalah of Imam abu Hanifah
2. Ruling system in Islam (Mawdudi)

Additional References:
1. Abu Ismail al Beirawi blogspot
2. The Islamic state
3. Wikipedia
4. Ashan Kandi book on Islamic Jurrisprudence
5. Passion and gratitude by sheikh Ibn Qayyum
6. Book of manners
7. Da’wah to Islam

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