Q define jurisprudence? Give brief detail of it sources? (Sir question)
Q what is the general concept of jurisprudence (fiqh). Discuss its importance and role in islam. Llb 2012 Q1
Q What is mean by Islamic jurisprudence? Discuss its importance. Llb 2009 Q1
Q what is the general concept of jurisprudence fiqh discuss its importance in Islam. Llb 2007 Q1.
Q. What is the general concept of jurisprudence? Discuss its importance and role in islam. Q1 Ballb 2014.
Jurisprudence :
Jurisprudence can be defined with reference to the modern jurisprudence and Islamic jurisprudence. The modern jurisprudence explain its meaning as given in dictionary where it has been said that the jurisprudence is the science of law but in islam the word jurisprudence has been translated into Arabic as fiqh which means ‘to understand’. Therefore the jurists or fiqah have tried to explain the word fiqah by saying that it means to understand the issues of Din e islam with the help of the holy quran and Sunnah of the holy prophet (SAW).
During the period of holy prophet all questions of issues could be easily decided by the holy prophet himself on the strength of wahi revealation or consultation. After the departure of holy prophet from this world the companions of the holy prophet known as sahaba used to consult each and every issue to understand its conceot.
The issue of captured land in Syria and Iraq during the period of Hazrat Umar (R.A) was decided after consultation because there was a dispute regarding interpretation in respect of lands, captured by the muslims. The dispute was this whether the captured land behanded over to their owner so that they should cultivate or the land should be distributed among the fighters as was done in the case or lands situated in Khyber. Hazrat Umar (R.A), Hazrat Usman (R.A) and Hazrat Ali (R.A) were of the view that the lands behanded over to their owners but Hazrat Bilal (R.A) opposed this suggestion. However the dispute was solve after consultation and discussion.
After the period of the companions of the holy prophet (P.B.U.H) the muslim acted on this principles but dispute started when different school of thoughts come into being such as HANFI, SHAFI, MALIKI, JAFER, and several others.
introduction to Islamic Jurisprudence:
The Prophet (peace and blessings be upon him) said,
“Whomever Allah wants good for, He will grant him fiqh (deep understanding) of the religion.” (Sahih Bukhari )
All Muslim Jurists are unanimously agreed that every word and action of a man though related to worship, trade, crime, and politics or even to personal life, has legal ruling (Hukm) under Islamic Law. From these legal rules (Ahkam), some of them explicitly have been described in the text of Quran and Sunnah and some legal rules are not mentioned, however guidance has been provided to Muslim Jurists to find and explore in the light of Quran and Sunnah. The study and exploration of these legal rules by Muslim Jurists may be called as Islamic Jurisprudence or fiqh. Fiqh is defined as some sort of issue arises when the direct solution is not present in quran and sunnah but we find the solution of it with the help of our brain and observation and suggestions but in favor of Quran and Sunnah .
Usulu’l-fiqh
Usulu’l-fiqh also called fiqh is the Islamic science of jurisprudence and is defined as the science of the material law of islam. But there is slight difference usulu’l-fiqh literally means the roots or principles of fiqh, is described as the knowledge or science of those rules which directly or proximately lead to the science of fiqh.
Definition of fiqh:
According to Abu Hanifa : it is the knowledge of what is for a man’s self and wha tis against a man’s self. It was also called the fiqhu’l akbar or the great science of fiqh
Importance:
· The benefits of the study of Islamic Jurisprudence are many. From a study of Jurisprudence, we come to know the methods of interpretations of the Quran and Sunnah, all the secondary sources of Islamic law, the views of major scholars of the past and present.
· The need for the methodology of usul al-fiqh became prominent when unqualified persons attempted to carry out ijtihad, and the risk of error and confusion in the development of Sharia became a source of anxiety for the Ulama.
· The principal objective of Islamic Jurisprudence is to regulate Ijtihad and guide the jurist in his effort at deducing the law from the sources.
· Moreover, Fiqh illustrates the rules, conditions and issues pertaining to the daily life of a Muslim, and which a Muslim needs in all conditions, in worship, in dealings with fellow citizens, personal circumstances and how the ruling should be applied, and the rulings pertaining to peace and warfare.
· Easiness; there is no divine law that puts a mukallaf in extreme difficulty.1
· Congruence with man’s nature; a law that is against one’s divine disposition cannot be found. The reason for this is that the one who makes the divine laws is the same one who created man and who knows the secrets of his soul.
· Balance; There is no excessiveness in jurisprudence.3
· Islamic jurisprudence is what connects this world to the next.
Thus, we realize the necessity of Fiqh and its importance for the individual, society and the Ummah (Muslim nation) as a whole.
Part of school of thoughts
During the period of the Holy Prophet (PBUH) all questions or issues could be easily decided by the holy prophet himself on the strength of Wahi or Relevation and Consultation. After the departure of Holy Prophet from this world the companions of the Holy Prophet known as SAHABA use to consult each and every issue to understand its true concept. This issue of captured land in Syria and Iraq during the period of Hazrat Umar (RA) was decided after consultation because there was a dispute regarding interpretation in respect of lands captured by the muslims. Th edispute was this whether the captured land be handed over to their owners so that they should cultivate or the land should be distributed among the fighter as was done in case of lands situated in Khyber. Hazrat umar (RA), Hazrat Ali (R.A) were of the view that the land be handed over to their owners but hazrat Bilal (RA) opposed this suggestion, however the dispute was solved after consultation and discussion.
After the period of the companions of the holy prophet PBUH the muslim acted on this principle but dispute started when different school of thoughts came into being.
Consultation and discussion among Islamic jurists is known as fiqh or jurisprudence in Mazahib Arba and Mazahib khamsa
