Islamic Jurisprudence - Introduction

INTRODUCTION


The Meaning Of Islamic Jurisprudence

What is meant by Islamic Jurisprudence here is:

“A study regarding matters that are related to the Laws that have been defined by Allah s.w.t. as a guidance for the whole of mankind in all fields of their lives, as seen from the aspects of activities, relations and needs.”

Synopsis

From the meaning above, we can summarize as follows:

1. Islamic Jurisprudence is a study on Islamic Laws

2. Islamic Laws are the decrees of Islam

3. Islamic Laws are a guide for the whole of mankind

4. Islamic Laws encompasses the whole way of life of mankind

5. The scope of human activities includes:

5.1 Activities of the body

5.2 Activities of the soul

5.3 Activities of the senses

6. The scope of human relations are:

6.1 The relation of mankind with Allah s.w.t.

6.2 The relation of mankind amongst them

6.3 The relation of mankind with nature (and other creatures) and

7. The scope of human needs are either:

7.1 The needs of the body

7.2 The needs of the soul or

7.3 The needs of the body and soul,

which encompasses the aspects of economy, social, political, etc.

The Periodic Stages Of Islamic Jurisprudence

In general, there are 6 periodic stages of Islamic Jurisprudence, that is:

First Stage

From the time of the Prophethood of Rasulullah s.a.w. in the year 610 AD until the year 632 AD (11 H). This stage is known as the time of Rasulullah s.a.w. or the time of the growth of the Islamic Laws. Therefore, there existed 2 stages of the growth:

• When Rasulullah s.a.w. was in Mecca for 12 years and a few months and

• When Rasulullah s.a.w. was in Medina, i.e. about 10 years.

Second Stage

From the year 11 H (632 AD) until the year 40 H. This period is known as
the era of the 4 Rightly-Guided Caliphs r.a. or the era of the interpretation of the Islamic Laws.

Third Stage

From the year 41 H until the end of 100 H. This stage is considered the era
of the birth of the schools of political thoughts (‘Mazhab Siasah’). These schools of thoughts are the:

• Shiah,
• Khawarij and
• Jumhur (Ahlus Sunnah Wal Jama’ah)

Fourth Stage

From the beginning of the year 101 H until the year 350 H. This stage is the
era of the emergence of the ‘Mujtahid’ (An Islamic scholar who is competent to interpret divine law or ‘Shariah’ in practical situations using ‘Ijtihad’ or independent thought) and the era of the compilation of knowledge in book form. Among the knowledge that were written:

• Grammar
• Semantics
• Literature
• Astronomy
• Hadith
• Fiqh (Jurisprudence)
• Philosophy
• Medicine
• Agriculture, etc.

This era also saw the birth of 2 schools of juristic thoughts (‘Mazhab Fiqh’), i.e.:

• Hijaziyun (The Scholars of Hadith)
• ‘Iraqiyun (The Scholars of Logical Thought)

Fifth Stage

From the year 350 H until the year 656 H. This stage was about the loss of
‘Mujtahid Mutlaq Mustaqil’ (Absolute and Independent Mujtahid) and the start of ‘Taqlid’ (Juristic Imitation). This was because the Islamic Scholars were focusing on:

• Disapproval of laws
• Affirmation and recommendation of laws
• Ensuring the success of a certain school of thought

Sixth Stage

From the year 656 H which was the fall of the city of Baghdad until now. This stage can be considered as the era of ‘Taqlid’ maturity.