The Jurisprudence

Islamic Jurisprudence


The precise & Best definition of Jurisprudence is given by Al-Imam Al-A'zam, Abu Hanifah No'man Bin Thabit (Allah be pleased with Him). That is:

" ھو معرفۃ النّفس ما لھا وما علیھا"


" "One should know what's helpful to him, and what's regretful for him (i.e. what is Permissible and impermissible).

   This definition has a broad scope as all the other Islamic aspects include in it. therefore another definition is given by other scholars to understand at better way:

"Islamic practical orders with references & reasons to know"

Aim & Objective of this science:

  To get rid of Hell- punishment and to get the reward in both the world.

Sources of Jurisprudence

 There are basically 4 sources of Jurisprudence which are given below:

1) Qur'an
2) Hadiths (Sayings, Deeds & agreement of Prophet ( Sallallahu Alayhi wa Sallam)
3) Consensus/ Unanimity.
4) Conclusion.

However, SOme other scholars have mentioned the 10 sources of Fiqh.
5) Administration's orders
5) Instructions
7) Constitution-making. etc.

The phases of the evolution of Fiqh


1) The period of Prophet ( Sallallahu Alayhi wa Sallam)
2) the period of prophet's companions, which lasts till the caliphate of rightly guided or orthodox caliphs
3) the period of companions and companion's subordinates (the one who has met Sahaba). it starts from rightly guided caliphs and ends with the decline of the Umayyad Period.
4) The Abbasid Period (750-1258). in this period, Jurisprudence developed and raised and juristic sects emerged i.e. Hanafi, Shafa'i, Maliki and Hanbali. In the same period, the school of Awzaa'e was existing but it did not grow due to its instability.
5) The period of deep & critical study of Jurist's diligence. This period ends with the decline of the Baghdad but it surrounds the establishment of the Abbasid caliphate in Egypt.
6) The beginning of imitation/ copying and the end of the diligence ()

Development of Jurisprudence During the Abbasid period


In above mentioned periods, the fourth & fifth period pertains to the Abbasid period. where a lot of books & writings came into existence that we can't count all of it. Here, we are gonna mention just famous & popular books with respect to their juristic schools.

1) Hanafi's Jurisprudence ( الفقہ الحنفیّ)


for this school of thought, the important books are:

1) Musnad Imam Abi Hanifah ( مسند لامام ابی حنیفۃ) wrote by Qazi Abu Yusuf (182 H.). The same book was later completed by Khwarzami (655 H.) with the name of "Jami'ul Masaanid Abi Hanifah " ().

2) Kitab Al-Muatta. Al-Jami' Al-Saghir and Al-Kabir ( کتاب المؤطّا، الجامع الصغیر والجامع الکبیر) wrote by Muhammad bin Hasan Al-Shaibani.

3) Ikhtilaf Al-Fuqhaa ( اختلاف الفقہائ) wrote by Imam Tahavi (321 H.)

2) Malik's Jurisprudence (الفقہ المالکیّ)


for this school of thought, the following books are worth mentioning:

1) Al-Qazaa'o Fil Binyaan (القضائ فی البنیان) wrote by Abdullah bin Abd AL-Hakam.
2) Kitabu Aadaab AL-Quzaah ( کتاب آداب القٓضاۃ) wrote by Muhammad bin Abdullah Misri.
3) Al-Mabsoot ( المبسوط) wrote by Qazi Ismail bin Ishaque.

      This school was specially developed and promoted in Africa and Spain. therefore, the most important books for this school were written in Spain. Even today there are more followers of Malik than that of others.

3) SHafa'e's Jurisprudence (الفقہ الشافعیّ)


Among the Shafa'e 's school's important books are:

1) Kitab AL-Umm ( کتاب الامم) wrote by Shafa'e himself.
2) Kitab AL-Riba ( کتاب الربوٰ) wrote by Ibn-e-Ziyad (324 H.)
3) AL-Shaamil & AL-Kaamil ( الشامل و الکامل) wrote by Abu Nasr Sabbagh (450 H.).

4) Hanbali's Jurisprudence (الفقہ الحنبلیّ)


Most important books for this school of thought are as follows:

1) Al-Risalah ( الرسالۃ) wrote by Abdus bin Malik (250 H.).
2) Masail Ahmad bin Hanbal (مسائل احمد بن حنبل) wrote by Abu Bakr Athram (261 H.).
3) Kitab AL-Sunnah ( کتاب السنّۃ) wrote by Hasan bin Ali (329 H.).


There were some books that were published during the Abbasid period. And this is the Abbasid Period's bestowment that we have the above Imams!!!
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