Analogical Reasoning and its Role in Islamic Jurisprudence

In the Name of Allah, the Most Beneficent, the Most Merciful The Islamic Seminary Analogical Reasoning and its Role in Islamic Jurisprudence. Before discussing the above mentioned form of reasoning the following notes should be considered first. 1. As one may note from the small introduction to the Islamic Seminary home page, in the scholasticRead More

Part 1 – Development of Political Fiqh in the Muslim world

The Development of Political Fiqh in Islam (Part 1-2) What follows is the translation of Amid Zanjanis book entitled Fiqh-e Siyasi dealing with the development of political Fiqh and the issue of leadership in Islam. The first part discusses the meaning of Shari’ah and Fiqh. Fiqh and secular laws, kinds of religious injunctions, and aRead More

Part 2 – Shari’ah (Laws) and Fiqh (Jurisprudence)

Shari’ah (Laws) and Fiqh (Jurisprudence) The holy Quran preaches a religion and this holy book calls it Islam (submission to the will of God) 1.(the small font size mid text numerals refer to end notes so please note) The holy Quran considers it the perfect religion 2. This religion deals with the relation between humanRead More

Part 3 – Fiqh and the Secular Law

Fiqh and the Secular Law The science of secular law deals with issues of social science to study the established regulations laid down to maintain justice and order in the society for the welfare of the people. Following this definition, the basic difference between secular law and Fiqh’ becomes clear.

Part 4 – Types of Religious Commandments

Types of Religious Commandment The fuqaha’, (scholars of law) have classified the commandments of religion on the basis of various considerations. The main categories are as follows: 1. Taklifi refers to the injunctions and commandments, which are known as the five categories of commandments and injunctions; 1. Wajib (obligatory) 2. Haram (unlawful) 3. Mustahab (desirable)Read More

Part 5 – Constant and Variable Laws

Constant and Variable laws Constant laws are those injunctions which have been set forth by God, the All wise, the Omniscient Who has knowledge of the needs, interests and harms of the individuals and society. The variable laws are those, which are established by a faqih and/or a Muslim ruling Faqih on the basis ofRead More

Part 6 – Regulations, laws, judicial orders and government

Regulations, general laws, judicial orders and government General laws are the religious injunctions of a general nature already referred to as the commandments the Lawgiver has set forth in the form of Iqtida’i, laws that require and necessitate a certain matter. Takhyiri, the laws that could be followed with an alternative Wad’i laws that wereRead More

Part 7 – History of the Compilation of Fiqh

History of the Compilation of Fiqh Following the emergence of differences in the principles of jurisprudence between the Sunni and Shi’ah Muslim scholars of Fiqh in the sources of the laws of the Shari’ah and Fiqh, inevitably two separate schools of Sunni and Shi’ah Muslim Fiqh emerged. As is known, Sunni Muslim scholars of FiqhRead More