Alhassanain(p) Network for Heritage and Islamic Thought

ISLAMIC LAWS

PRESENTED BY: AL-BALAGH FOUNDATION

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Table of Contents

INTRODUCTION 4

ISLAMIC LEGAL LAWS 5

What is Meant by Lawful and Unlawful? 5

The Reason Behind Lawfulness (Ibahah): 5

The Meaning of a Divine Law (Hukum): 7

Kinds of Laws: 8

1- The Permitted (Mubah): 9

2- The Recommended (Mustahab): 9

3- The Disapproved But Not Unlawful (Makruh): 10

4-The Forbidden (Muharam): 10

5. The Obligatory (The Wajib): 11

Every Occurrence has a Divine Judgement: 12

Necessity and Change of a Divine Law: 13

Major Prohibitions In Islam: 15

IJTIHAD (JURISTIC REASONING) 18

Ijtihad and a Divine Law: 18

How does a Jurisprudent (faqih) practise the Process of Extrapolation: 20

Why do the Jurisprudents (Fuqaha') differ: 21

Objective Statutes (Regulations): 24

Who is a Jurisprudent (Faqih): 25

What is Taqlid: 26

ENDNOTES 28

INTRODUCTION

Praise be to Allah Who deserves all praise and thanks, Peace and the blessings of Allah be upon the master of humankind, Prophet Muhammad, his infallible household, the righteous among his companions and those who follow the right path till the Day ofJudgement .

Certainly, Allah the Most High, is the main source for Islamic laws which are distinguished from man-made laws, whether made by a single man or drafted by a body of men and approved through public vote.

Indeed, Public vote or referendum onman made laws does not grant them legality as long as these laws contradict the Divine Laws revealed through heavenly Scriptures.

Therefore, what the IslamicShari'ah decrees as 'lawful' or 'unlawful' is not according to people's whims and fantasies but according to the commandments of Allah, the All Knowing and All-Wise, Who created man from sperm, and knows what is in the interests of His creatures, and what harms their body and soul.

The laws of Allahwere revealed to all Divine Messengers in different eras and geographical places, in accordance with the intellectual progress of a society, and reached their perfection through the Glorious Qur'an and its universal message .

Therefore, theShari'ah as the legal code of Islam is called, is not bound by time andplace and is designed to cater to the different needs of the human race till eternity. The HolyQur'an which contains the fixed sanctions is to be supplemented by the genuine traditions of Prophet Muhammad (s.a.w .) for the practical implementation of theShari'ah . Thus the dynamism of theShari'ah , on one hand, declares clear and fixed 'Particular laws' and on the other, presents 'General Laws' through which qualifiedjuriconsult experts known asmujtahids in Islamic terminology, arrive at a decision.

In the light of this 'Legislative Reality', theShari'ah accompanies and follows not only the development stages of 'Life Reality' for an individual or a society, but also anticipates and ably resolves all future developments through its simple, deep and fairly wide mechanism by givingjudgements in all fields of life.

Another merit is that Islamic law gives themukalaf (one who is of age responsible for Islamic obligations) a proper perspective of the right to talk, listen, or abstain. In other words, it acquaints him with the Almighty'sjudgements and laws, and makes him practically mould his acts andbehaviour accordingly.

Al-Balagh Foundation presents 'Islamic Laws' to its dear readers, humbly imploring Allah the Most High, to make it a step towards the spreading of Islamic culture and ideology.

Al-Balagh Foundation