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Principles Of Islamic Jurisprudence
Principles of Islamic jurisprudence, also known as ''uṣūl al-fiqh'' ( ar, أصول الفقه, lit. roots of fiqh), are traditional methodological principles used in Islamic jurisprudence (''fiqh'') for deriving the rulings of Islamic law (''sharia''). Traditional theory of Islamic jurisprudence elaborates how the scriptures ( Quran and hadith) should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes secondary sources of law: juristic consensus ('' ijmaʿ'') and analogical reasoning ('' qiyas''). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain leg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations ('' Tabi'un'' and '' Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Istihsan
' (Arabic: ) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying scholarly interpretation or ijtihad. A number of disputes existed amongst the classical jurists over this principle with the Hanafi school of jurisprudencete and its jurists (''fuqahah'') adopting this as a secondary source. It is not the same thing as istislah, which plays a prominent part in other schools, including Maliki school, or istihlal, which is a derisive term for deeming something forbidden as permissible. Etymology ' ( ) is an Arabic word derived from the word ''al-husn'' () which means good which is the opposite meaning of ''al-qubh'' () which means bad. The word ' is used to express "decorating or improving or considering something good". It also applies to mean something ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mohammed Al-Ghazali
Sheikh Mohammed al-Ghazali al-Saqqa (1917–1996) ( ar, الشيخ محمد الغزالي السقا ), was an Islamic scholar whose writings "have influenced generations of Egyptians". The author of 94 books, he attracted a broad following with works that sought to interpret Islam and its holy book, the Qur'an, in a modern light. He is widely credited with contributing to a revival of Islamic faith in Egypt in recent times. Another sources have called him "one of the most revered sheikhs in the Muslim world" Early life Al-Ghazali was born in 1917 in the small town of Nikla al-'Inab (نكلا العنب), southeast of the coastal port of Alexandria, in the Beheira Governorate. He graduated from Al Azhar University in 1941. He taught at the University of Umm al-Qura in Makkah, the University of Qatar, and at al-Amir 'Abd al-Qadir University for Islamic Sciences in Algeria. Works and awards Sheikh al-Ghazali held the post of chairman of the Academic Council of the International ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rashid Rida
Muḥammad Rashīd ibn ʿAlī Riḍā ibn Muḥammad Shams al-Dīn ibn Muḥammad Bahāʾ al-Dīn ibn Munlā ʿAlī Khalīfa (23 September 1865 or 18 October 1865 – 22 August 1935 CE/ 1282 - 1354 AH), widely known as Sayyid Rashid Rida ( ar, سيد رشيد رضا, Sayyid Rashīd Riḍā) was a prominent Sunni Islamic scholar, reformer, theologian and revivalist. As an eminent Salafi scholar who called for the revival of Hadith sciences and a theoretician of Islamic State in the modern-age; Rida condemned the rising currents of secularism and nationalism across the Islamic World following the Abolition of the Ottoman sultanate, and called for a global Islamic Renaissance program to re-establish an Islamic Caliphate. Rashid Rida is considered by many as one of the most influential scholars and jurists of his generation and was initially influenced by the movement for Islamic Modernism founded in Egypt by Muhammad Abduh. Eventually, Rida became a resolute proponent of the w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maslaha
Maslaha or maslahah ( ar, مصلحة, lit=public interest) is a concept in shari'ah ( Islamic divine law) regarded as a basis of law.I. Doi, Abdul Rahman. (1995). "Mașlahah". In John L. Esposito. ''The Oxford Encyclopedia of the Modern Islamic World''. Oxford: Oxford University Press. It forms a part of extended methodological principles of Islamic jurisprudence (''uṣūl al-fiqh'') and denotes prohibition or permission of something, according to necessity and particular circumstances, on the basis of whether it serves the public interest of the Muslim community ('' ummah''). In principle, ''maslaha'' is invoked particularly for issues that are not regulated by the Qur'an, the '' sunnah'' (the teachings and practices of the Islamic prophet Muhammad), or '' qiyas'' (analogy). The concept is acknowledged and employed to varying degrees depending on the jurists and schools of Islamic jurisprudence ('' maddhab''). The application of the concept has become more important in modern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Ghazali
Al-Ghazali ( – 19 December 1111; ), full name (), and known in Persian-speaking countries as Imam Muhammad-i Ghazali (Persian: امام محمد غزالی) or in Medieval Europe by the Latinized as Algazelus or Algazel, was a Persian polymath. He is known as one of the most prominent and influential philosophers, theologians, jurists, logicians and mystics of the Islamic Golden Age. Ludwig W. Adamec (2009), ''Historical Dictionary of Islam'', p.109. Scarecrow Press. . He is considered to be the 5th century's '' mujaddid'',William Montgomery Watt, ''Al-Ghazali: The Muslim Intellectual'', p. 180. Edinburgh: Edinburgh University Press, 1963. a renewer of the faith, who, according to the prophetic hadith, appears once every 100 years to restore the faith of the Islamic community. His works were so highly acclaimed by his contemporaries that al-Ghazali was awarded the honorific title "Proof of Islam" ('' Ḥujjat al-Islām'').Hunt Janin, ''The Pursuit of Learning in the I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halal
''Halal'' (; ar, حلال, ) is an Arabic word that translates to "permissible" in English. In the Quran, the word ''halal'' is contrasted with '' haram'' (forbidden). This binary opposition was elaborated into a more complex classification known as " the five decisions": mandatory, recommended, neutral, reprehensible and forbidden. Islamic jurists disagree on whether the term ''halal'' covers the first two or the first four of these categories. In recent times, Islamic movements seeking to mobilize the masses and authors writing for a popular audience have emphasized the simpler distinction of ''halal'' and ''haram''. The term ''halal'' is particularly associated with Islamic dietary laws and especially meat processed and prepared in accordance with those requirements. In the Quran The words ''halal'' and ''haram'' are the usual terms used in the Quran to designate the categories of lawful or allowed and unlawful or forbidden. In the Quran, the root h-l-l denotes lawfu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Haram
''Haram'' (; ar, حَرَام, , ) is an Arabic term meaning 'Forbidden'. This may refer to either something sacred to which access is not allowed to the people who are not in a state of purity or who are not initiated into the sacred knowledge; or, in direct contrast, to an evil and thus " sinful action that is forbidden to be done". The term also denotes something "set aside", thus being the Arabic equivalent of the Hebrew concept he, , ḥērem, label=none and the concept of (cf. sacred) in Roman law and religion. In Islamic jurisprudence, ''haram'' is used to refer to any act that is forbidden by God and is one of the five Islamic commandments ( ar, الأحكام الخمسة, al-ʾAḥkām al-Ḵamsa) that define the morality of human action. Acts that are haram are typically prohibited in the religious texts of the Quran, and the category of haram is the highest status of prohibition. If something is considered haram, it remains prohibited no matter how good the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Makruh
In Islamic terminology, something which is ''makruh'' ( ar, مكروه, transliterated: ''makrooh'' or ''makrūh'') is a disliked or offensive act (literally "detestable" or "abominable"). This is one of the five categories (''al-ahkam al-khamsa'') in Islamic law – '' wajib/ fard'' (obligatory), '' Mustahabb/mandub'' (recommended), '' mubah'' (neutral), ''makruh'' (disapproved), '' haram'' (forbidden). Though a ''makruh'' act is not '' haram'' (forbidden) or subject to punishment, a person who abstains from this act will be rewarded. Muslims are encouraged to avoid such actions when or as possible. It is one of the degrees of approval ('' ahkam'') in Islamic law. Acts considered ''makruh'' can vary between different madhhabs due to differing scholarly interpretations of the Quran and Hadith, with Hanafi scholars in particular differing from the other madhhabs in regards to classification of ''makruh''. Overview Actions that are reprehensible and violate rules of Fiqh are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mubah
''Mubāḥ'' (Arabic: مباح) is an Arabic word meaning "permitted", which has technical uses in Islamic law. In uṣūl al-fiqh (''principles of Islamic jurisprudence''), ''mubāḥ'' is one of the five degrees of approval ( ahkam): # () - compulsory, obligatory # () - recommended # () - neutral, not involving God's judgment # () - disliked, reprehensible # () - forbidden Mubah is commonly translated as "neutral", "indifferent" or "(merely) permitted". It refers to an action that is not mandatory, recommended, reprehensible or forbidden, and thus involves no judgement from God. Assigning acts to this legal category reflects a deliberate choice rather than an oversight on the part of jurists. In Islamic property law, the term ''mubāḥ'' refers to things which have no owner. It is similar to the concept ''res nullius ''Res nullius'' is a doctrine.Johnston. The International Law of Fisheries. 1987p 309 The expression "res nullius" (lit: ''nobody's thing'') is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mustahabb
''Mustahabb'' () is an Islamic term referring to recommended, favoured or virtuous actions. ''Mustahabb'' actions are those whose ruling ('' ahkam'') in Islamic law falls between '' mubah'' (neutral; neither encouraged nor discouraged) and '' wajib'' (compulsory). One definition is "duties recommended, but not essential; fulfilment of which is rewarded, though they may be neglected without punishment". Synonyms of ''mustahabb'' include ''masnun'' and ''mandub''. The opposite of ''mustahabb'' is '' makruh'' (discouraged). Parallels have been drawn between the concept of ''mustahabb'' in Islamic law and the concept of supererogatory acts in the Western philosophical tradition. Examples There are possibly thousands of mustahabb acts, including: * As-Salamu Alaykum (a traditional Islamic greeting) (though responding to the greeting is an obligation) * Sadaqah (charity outside of zakat) * Umrah (except in the Shafi'i and Hanbali madhhab A ( ar, مذهب ', , "way to act" ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fard
' ( ar, فرض) or ' () or fardh in Islam is a religious duty commanded by God. The word is also used in Turkish, Persian, Pashto, Urdu (''spelled farz''), and Malay (''spelled fardu or fardhu'') in the same meaning. Muslims who obey such commands or duties are said to receive ''hasanat'' (), ''ajr'' () or ''thawab'' () each time for each good deed. ''Fard'' or its synonym ''wājib'' () is one of the five types of ahkam () into which fiqh categorizes acts of every Muslim. The Hanafi fiqh, however, does not consider both terms to be synonymous, and makes a distinction between ''wajib'' and ''fard'', the latter being obligatory and the former slightly lesser degree than being obligatory. Individual duty and sufficiency The Fiqh distinguishes two sorts of duties: * Individual duty or ''farḍ al-'ayn'' () relates is required to perform, such as daily prayer (''salat''), and the pilgrimage to Mecca at least once in a lifetime if the person can afford the journey (''hajj''). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
