Islamic Jurisprudence

INTRODUCTION The Holy Quran is the primary source of law along with Hadith. Hadith is considered next to the Quran as a source of direction. The Holy Quran is the book consisting of those direct revelations which were made to the Holy Prophet (PBUH). The Quran does not contain law in a codified form but … Read more

INTRODUCTION Sunnah is the practice of the Holy Prophet (PBUH). Allah has given legislative powers to the Holy Prophet (PBUH), where, on a given matter, the Holy Quran is silent, and then the teachings and examples of the Holy Prophet (PBUH) provide us guidance. It is the second primary source of Islamic law and plays … Read more

INTRODUCTION Ijtihad is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources, the Holy Qur’an and the Sunnah. A person who applies Ijtihad is called a mujtahid and traditionally had to be a scholar of Islamic law, an Islamic Lawyer, or an … Read more

INTRODUCTION Islam is a religion that preaches brotherhood and harmony. To protect the interest of every member of society, the concept of Shura was introduced. So, the Shura is an expression of public opinion and is an essential institution with legal status in which everybody can have a say in their affairs. The Government could … Read more

INTRODUCTION Sovereignty in Islam refers to the ultimate authority and power belonging to Allah, the one God, as expressed through the guidance of the Quran and the teachings of Prophet Muhammad (peace be upon him).   MEANING OF SOVEREIGNTY According to Webster’s Dictionary: “Sovereignty is the quality or state of being autonomous, exalted, unlimited in … Read more

INTRODUCTION An agreement turns into a contract when it becomes enforceable at law. A contract is usually an exchange of promises between two or maybe more persons. In Islamic law, contract rules are stringent; fairness and equality have to be upheld, and its condition is performance.   DEFINITION OF CONTRACT The corresponding Arabic term for … Read more

INTRODUCTION The word “Ownership” is derived from the Arabic word “Milk. The term Milk, however, is sometimes used for ownership and, at other times, for the subject matter of ownership. The fundamental right of humans is the right to own property. Islamic law has dealt with the concept of ownership in detail.   DEFINITION OF … Read more

INTRODUCTION Evidence is vital in administering justice and is a check against instituting a false & vexatious suit. Islam vehemently stresses justice in the judicial system. The essential principle in Islam is that everyone is bound not to violate the rights of others and convey to them their due, and the state has to protect … Read more

INTRODUCTION Jihad has great importance in Islam. It defends Islam and promotes it abroad to protect the Muslims of Muslim countries and the world. It is obligatory for every Muslim. Both the Holy Quran and Sunnah stress its importance. Owing to its vital importance in Islam, a place along with the “Five Pillars of Islam” … Read more

INTRODUCTION The legal principles governing the treatment of prisoners of War are outlined in Islamic law. Men, women, and children may all be taken as prisoners of War under traditional interpretations of Islamic law. Generally, a prisoner of War could be freed, ransomed, exchanged for Muslim prisoners, or kept in bondage. In earlier times, the … Read more

INTRODUCTION In Islamic criminal law, every person, irrespective of any distinction of nation, rank, caste or creed, is liable to the punishment provided an offence is proved against him. If successful, the legal consequences of criminal proceedings are several penalties provided in the form of Hadd and Tazir.    ISLAMIC THEORY OF CRIMINALITY (a) The … Read more