ISLAMIC JURISPRUDENCE Saad

ISLAMIC JURISPRUDENCE-II
SUBBMITTED TO: SIR SYED AFZAL HAIDER

SUBMITTED BY: Saad Ghaffar
REG# L1F18LLBH0049
SECTION: B
Why is the knowledge of Islamic law necessary for Muslims?

Introduction:
Islam has given great importance to the process of seeking knowledge. If we look at
the first five verses revealed from the Holy Qur’an, we can see that the word “‫( ”اقـــــرأ‬read) is
repeated two times, the word "‫( "قـــــلــــم‬pen) is mentioned once and the word "‫( "عــــلَّـم‬teach) is
repeated twice. Islam makes it a religious duty upon Muslims to seek knowledge. Seeking
knowledge with the intention of benefiting oneself and the people is rewarded like performing
additional prayers or fasting. The Prophet (PBUH) said: “Seeking Knowledge is an obligation on
every Muslim.”
Sharia laws:
Islamic law or sharia law is a religious law forming part of the Islamic tradition. It
is derived from the religious precepts of Islam, particularly the Quran and the
hadith.
Sharia is a now a familiar term to Muslims and non-Muslims. It can often be heard in news
stories about politics, crime, feminism, terrorism and civilisation.
All aspects of a Muslim's life are governed by Sharia. Sharia law comes from a combination of
sources including the Qur'an (the Muslim holy book), the Hadith (sayings and conduct of the
prophet Muhammad) and fatwas (the rulings of Islamic scholars).
Many people, including Muslims, misunderstand Sharia. It's often associated with the
amputation of limbs, death by stoning, lashes and other medieval punishments. Because of this, it
is sometimes thought of as draconian. Some people in the West view Sharia as archaic and unfair
social ideas that are imposed upon people who live in Sharia-controlled countires.
Many Muslims, however, hold a different view. In the Islamic tradition Sharia is seen as
something that nurtures humanity. They see the Sharia not in the light of something primitive but
as something divinely revealed. In a society where social problems are endemic, Sharia frees
humanity to realise its individual potential.
Knowledge of Islamic laws:
The knowledge of Islamic law is necessary for Muslims because these laws provide rights to the
muslims. Before islam there is No proper rights for humans and Islam gave people there right
and also protect them. Islam every person has right like right of life, right to freedom and other
fundamental rights, So the knowledge of Islamic laws are very important they are necessary in
every field of life.
SOURCES OF ISLAMIC LAW:

The primary sources of Islamic laws are the following:
 Quran
 Sunnah
And the secondary sources are:
 Ijma
 Qiyas
 Ijtihad
LAWS DERIVED FROM THE QURAN:

Quran is the primary and fundamental source of Islamic law even the legal validity of other
sources is also derived from Quran. Quran is not a book, but a strong living voice. There are
many laws that are derived from Quran. Quran is the source of law in all aspects of life. It
explains the Consultancy Rule, Justice System, Democratic Principles, Sovereignty, Revenue,
penal System, Family Affairs, Mehr, Divorce, Khula, dissolution of marriages, Nikkah, Iddat,
Inheritance, Laws of wills, Gifts, International laws, human rights, Children rights, rule of law
etc.
Right of Life:
The first and the foremost basic right is the right to live and respect human life. The Holy Quran
lays down:
Whosoever kills a human being without (any reason like) man slaughter, or corruption on
earth, it is as though he had killed all mankind ... (5:32)
As far as the question of taking life in retaliation for murder or the question of punishment for
spreading corruption on this earth is concerned, it can be decided only by a proper and competent
court of law
Right for safety of life:

Immediately after the verse of the Holy Quran which has been mentioned in connection with the
right to life, God has said:
"And whoever saves a life it is as though he had saved the lives of all mankind" (5:32).
There can be several forms of saving man from death. A man may be ill or wounded, irrespective
of his nationality, race or colour. If you know that he is in need of your help, then it is your duty
that you should arrange for his treatment for disease or wound. If he is dying of starvation, then it
is your duty to feed him so that he can ward off death. If he is drowning or his life is at stake,
then it is your duty to save him.
RIGHT OF INHERITANCE:
Islam has given equal inheritance rights to women also. In the pre-Islamic era, women have no
right in property. But in post-Islamic era, woman has the legal right to inherit. Islam recognize
women as free individuals. The difference between the man and the woman in their respective
shares in inheritance established by Allah's statement
" Allah commands you concerning your children's (inheritance); to the male, a portion
equal to that of two females. [ Surah Nisa 4:11]
RIGHT OF MARRIAGE:
In Quran, there have been laid down some 70 verses which includes concept of marriage, divorce
and dower. Surah Nisa, Ayah 3 says;
“Marry the women who seems good to you, two or three or four and if you fear that you cannot
do justice then only one.”
Islam pays to the issue of choice of spouses because they’re the nucleus of the family. Islam has
granted equal rights to men and women in choosing their partners. Parents are prohibited from
forcing their children into unwanted marriage.
DIVORCE:
Right of divorce is given by Allah Almighty to Muslims.
“The most hatred thing before God is divorce.”
Women have right to get divorce from her husband if they want to separate
CONTRACT AND TRANSACTIONS:
Contract is the conjunction of elements of disposition, namely offer and acceptance. Contract can
be classified as exchanges, for profit, matrimonial contracts, discharge of obligations, arbitration,
joint contracts and contingent contracts. Quran says in Surah Baqarah, verse 208;
“Whenever you enter into a contract, record it in writing
FUNDAMENTAL RIGHTS:
Islam has given great importance to fundamental rights. The fundamental rights have been
granted by Allah. No person has right to violate these rights. Fundamental rights are important in
order to have a better life. Fundamental rights given in Islam are eternal or legitimate rights.
They are unchangeable. They can never be altered or distorted. These rights are self-protected
and secured by Allah. Every human being has right to live a peaceful life without any harm to
him or to his property. He has right to live in a society without any fear. He has right to manage
his affairs without anyone’s interference. Every person is equal in eyes of Islam and law. The
woman’s dignity is equal to man’s dignity. Woman has the same rights as that of man. Human
rights in Islam has given great advantages. These rights include general rights i-e (right of life,
right of safety, freedom of expression, freedom of speech, women rights, right of minorities,
right of fair trial, right to education, right to health, freedom of religion, freedom from torture),
political, social intellectual and economic rights.
CONSTITUTIONAL STATUS OF QURAN:
Article 227 of Constitution of Pakistan 1973 says,
“All existing laws shall be brought in conformity with the injunctions of Islam as laid down in
the Holy Quran and Sunnah.”

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ISLAMIC JURISPRUDENCE-II

SUBBMITTED TO: SIR SYED AFZAL HAIDER

Why is the knowledge of Islamic law necessary for Muslims?

SOURCES OF ISLAMIC LAW:

LAWS DERIVED FROM THE QURAN:

Right for safety of life:

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