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Shraih is the moral code and religious law of
Islam.
 Sharia deals with many topics addressed by
secular law, including crime, politics and
economics, as well as personal matters such as
Marriage, Foods, prayer, and fasting
 The sharia is characterized as a discussion on the
duties of Muslims based on both the opinion of
the Muslim community and extensive literature

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 Primary
sources of Islamic law:
The principles set forth in the Quran,
 The example set by the Holy prophet Muhammad in
the Sunnah.

 Secondary
Sources
Islamic jurisprudence interprets and extends the
application of sharia to questions not directly
addressed in the primary sources by including
secondary sources.
 These secondary sources usually include the
consensus of the religious scholars embodied in ijma,
and analogy from the Quran and Sunnah through
Qiyas.
 Shaitee jurists prefer to apply reasoning ('aql) rather
than

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 Major
schools of Sunni fiqh, which include
the Hanafi, Shafi'i, Maliki and Hanbali
 The
Salafi movement also looks to the
actions and sayings of the first three
generations of Muslims for guidance, in
addition to the Quran and Sunnah,
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 In
Imami-Shi'i law, the sources of law (usul
al-fiqh)
 The Quran, anecdotes of Holy prophet
Muhammad's practices and those of The
Twelve Imams, and the intellect ('aql).
 Most Shia Muslims follow the Ja'fari school of
thought
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Secular Muslim states:
 Kazakhstan and Turkey

Religious interference in state affairs, law and
politics is prohibited

The role of sharia is limited to personal and
family matters.
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 Pakistan,
Indonesia, Egypt, Sudan, Morocco
and Malaysia




legal systems strongly influenced by sharia
ultimate authority to their constitutions and the
rule of law
In these countries, politicians and jurists make
law, rather than religious scholars
Significant differences is noted when compared
to classical sharia
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 Saudi
Arabia and some Gulf states do not
have constitutions or legislatures



Rulers have limited authority to change laws
Law is based on sharia as it is interpreted by
their religious scholars
Iran shares some of these characteristics, but
also has a parliament that legislates in a manner
consistent with sharia
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 Consensus
= Ijma
 Analogical deduction = Qiyas
 Preference = Istehsan
 al-maslaha al-mursalah, which means social
benefit
 Common practice
=
urf
 Taqlid
=
as was said before
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•
Concept
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–
•
•
•
From Quran,Caliphat and Fiqah
Needs and limitations
Practice of Ijtehad
–
–
•
Literal
In Fiqah
By Individual
By Institutions
Epilogue_Doors open or closed ?
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Sharia can be divided into five main branches:
 Ibadah
(ritual worship)
 Mu'amalat (transactions and contracts)
 Adab (morals and manners),
 I'tiqadat (beliefs)
 Uqubat (punishments)
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•
Legal Rulings
The Shariah regulates all human actions and puts
them into five categories:
•
•
•
•
•
Obligatory
Recommended
Permitted
Disliked
Forbidden
Obligatory actions must be performed and when
performed with good intentions are rewarded.
• Its opposite is the forbidden.
• Recommended action is that which should be
done. Its opposite is the disliked.
• Permitted action is that which is neither
encouraged nor discouraged. Most human actions
fall in this last category
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
fard (obligatory), Actions in the fard category are those
required of all Muslims. They include the five daily
prayers, fasting, articles of faith, obligatory charity, and
the hajj pilgrimage to Mecca.

mustahabb (recommended), The recommended,
permissible and discouraged categories are drawn
largely from accounts of the life of the Islamic Prophet
Muhammad. the mustahabb category includes proper
behavior in matters such as marriage, funeral rites and
family life, as civil law in the West. behavior is not
mustahabb can be ruled against by the judge.
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•
MUBAH (neutral),
•
•
MAKRUH (discouraged),
•
•
All behavior which is neither discouraged nor
recommended, neither forbidden nor required is of the
Mubah; it is permissible.
Makruh behavior, while it is not sinful of itself, is
considered undesirable among Muslims. It may also
make a Muslim liable to criminal penalties under
certain circumstances.
HARAAM (forbidden)
•
Haraam behavior is explicitly forbidden. It is both sinful
and criminal. It includes all actions expressly forbidden
in the Qur'an. Certain Muslim dietary and clothing
restrictions also fall into this category.
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•
Primary
–Quran
–Sunnah
•
Secondary
– Ijma
– Qyais
– Ijtehad
– Istidlal
– Istehsan
– Taqleed
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 Need
 Wisdom
 Social
Welfare
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 The
doors of Ijtihad are closed
 Individual ijtehad Possible ?
 The scope includes definitive matters such as
the prohibition of Riba (usury)
 It is the reasoning of an individual and
therefore cannot be a shariah rule
 Ijtehad possible where Islamic evidences have
not discussed directly i.e. upon new issues
 Ijtehad is an individual obligation and
therefore Taqleed is prohibited
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




In the fourth century of Hijrah a person called alQaffal issued a Fatwa closing the door of Ijtihad, thus
he was called al-Qaffal which means the one who
closes something
Imam Ghazali_ “freezing Islamic thinking in time”
During the Mogul invasion. Rulers feared that under
pressure of occupation by non-Muslim forces that
Ijtihad may lead to misinterpretations
Only with security can one tolerate differences. If
the self is threatened it clutches to certainties,
wants to keep them and builds on them.
In times of crises multiplicity of opinion is not
encouraged and Ijtihad is endangered.
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•
"Ijtihad" constitutes and effort to opt for one of
two or more possible solutions in a given
situation and to provide legal justification for
that solution with legal justification”
•
Ijtihad is subjective, it starts with your belief
and conscience. Science is objective, it starts
with a tabula raza. You start with no basic
values
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In Quran
• Ijtehad literally means ‘to exert’. In the
Islamic terminology it means to exert with a
view to form an independent judgement on a
legal question. It has its origin in the wellknown verse of the Qur’an ‘And to those who
exert we show our path.’
• Ijtehad + consensus = IJMA
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•
Hazrat Ali, when consulted by Caliph Uthman on the
punishment which should be meted out to those
who drank wine, he advised;
•
•
“We apply the punishment for calumny’, namely eighty
lashes of the whip, because ‘if a person becomes
intoxicated, he knows not what he says, and in such a
condition he commits calumny.” Thus, through this
analogy, drinking of wine was linked to calumny.
Other examples of Ijtehad by orthodox Caliphs are
as follows;
•
Punishment as prescribed by the Qur’an for the thief,
male or female, is to cut off their hands, but the Caliph
‘Umar suspended it in the year of famine because of
necessity and in order that people might keep alive.
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•
•
•
•
•
Caliph ‘Umar , observed the principle of sound analogy
(Tawil) in the interpretation of the Qur’anic verse:
Alms are only for the poor and the needy, and those who
collect them and for those whose hearts are to be
reconciled, and to free the captives and the debtors, and
for the cause of Allah and the wayfarer, a duty imposed by
God. (9:60)
The words, ‘those whose hearts are to be reconciled’,
refer to a group of weavers who were included among the
recipients of the alms. The verse is silent as to the cause
why this group was included among the recipients of alms.
The sole object was to win them over to the side of Islam on
account of their influence and the high esteem in which
they were held in their tribe.
Caliph ‘Umar refused to give them alms when Islam had
gained in strength saying: ‘These were payments from the
Prophet (Pbuh) to you in order to win you over for Islam
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•
•
•
Imam Abu Hanifa and Abu Yusuf are reported by
Ibn Qyyaim al-Jawziah to have said, ‘It is not
legitimate for anyone to follow our view until he
has learned the source where from we derived
those views
Imam Mohammad, and Imam Yusuf both students
of Imam Hanifa, rejected eighty percent of
Ijtehad of their teacher Abu Hanifa in the light
of new sources and changed conditions
The Fiqh Hanafi as it exists today is based on the
Ijtehad of both these students, that is, Imam
Yusuf and Imam Mohammad
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•
Ahmad Ibn Hanbal, reputed the most
meticulous adherent to the traditions said,
“Do not imitate me, Malik, AlShafi’i or alThawri but learn from the source from which
they learned.”
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•
•
•
Interpretation is incumbent upon every man
of learning.
They also prove that the interpreter is liable
to err.
Ibn Qayyim writes,
•
“The sharia is all justice, kindness, common good
and wisdom. Any rule that departs from justice
to injustice ... or departs from common good
(Maslaha) to harm (Mafsada) ... is not part of
Sharia, even if it is arrived at by literal
interpretation”
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 Limitations
Cant be invoke in :
 Creation of universe
 Oneness of Allah
 Faiths
 5 Pillars of Islam
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•
Iqbal_ worldly matters (muamalaat) relate to
the rights of the people and are subject to
change and modification
•
King Hussein _(Jordan),
"When Ijtihad-the possibility of reconciling
faith and present-day life-stopped a long
time ago, We need to do whatever we can to
repair that mistake."
•
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FIQ
FORMATION OF IJMA'
RATIONALE
Hanafi
through public agreement of
Islamic jurists
Shafi'i
through agreement of the
the people cannot agree on
entire community and public at
anything erroneous
large
Maliki
Islamic tradition says "Medina
through agreement amongst the
expels bad people like the
residents of Medina, the first
furnace expels impurities from
Islamic capital
iron"
Hanbali
Usuli
the jurists are experts on legal
matters
they were the most
through agreement and practice
knowledgeable on religious
of Muhammad's Companions
matters and rightly guided
consensus is not genuinely
only the consensus of the ulama
binding in its own right, rather
of the same period as the
it is binding in as much as it is
Prophet or Shia Imams is
a means of discovering the
binding.
Sunnah.
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•
Two basic elements of Law
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•
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Dignity
Flexible according to need
Gap b/w message and meaning
Issues of Language
Rapidly Changing Culture and ideas
Revival of Religion
A return to traditional views of Sharia
The Islamist movement-neo-Sharism, Political Islam
The Fundamentalist movement-Hadood Laws
Extremism-justifying terrorism
Law is there but cause is developing
Law itself is developing
Law is there but situation is new
Law and cause both are developing
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•
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Cloning
Organ transplantation
Blood Transformation
RFB
Lewis Brown
Share Trade
Concept of Islamic State
Globalization and its challenges
–
–
Jet Lag
Geographical lag
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 Individual_Mujtahid.

Concept of Shah Wali Ullah_Ulema

Muslim

Sane

Intelligent

Expert in Arabic language

U’loomul quran

U’loomul hadeeth

I’lmul ijtihaad wal taqleed

Practitioner Muslim

Punctual in Shraih

Any Possibility ???????

Sir syed Ahmed Khan_ Intellectuals
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Institutional




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Parliament _Iqbal
Cabinet_ Molana Azad
Courts_ Justice Javid
National Institutions _ Courts, Council of Islamic
Ideology, Federal Shariat Court, Research Institutions
International Ijtehad
 Organization of Islamic Cooperation
 Jamaiya Azhar
 Bait ulqum
 Islamic Research Foundation
 Dar ul Uloom Deoband
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