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INTRODUCTION
1. Definition of Shariah and Fiqh.
The distinction between Shariah and Fiqh.
2. Objectives of Shariah.
a. General objective.
b. Specific objective.
How does Shariah safeguard these essentials?
a. Safeguard of Religion.
b. Safeguard of life.
c. Safeguard of progeny (offspring).
d. Safeguard of the intellect.
e. Safeguard of property.
1. The development of Islamic Law.
CHAPTER ONE
THE FIRST STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.
Sources of Legislation during this stage.
1. The Qur’an.
The first and last verses to be revealed in the Qur’an.
Preservation of the Qur’an.
Al- Makki wa Al- Madani ( the Meccan and Medina Suras) and their characteristics.
The Meccan period.
The Medina Period.
The legal content of the Qur’an.
The basis of legislation in Shariah.
1. The removal of hardship and unnecessary burden.
2. The reduction of religious obligations.
3. The realization of public welfare.
4. Gradation in legislation.
5. The realization of universal justice.
2. The Sunnah.
Difference between Sunnah and Hadith.
Status of the Sunnah under Islamic Legislation.
Method of legislation of the Sunnah.
Preservation of the Sunnah.
Types of Sunnah in relation to the Qur’an.
Categorization of human acts [Af’al- mukalafiina] in Shariah.
Ijtihaad during this period.
a. Definition of Ijtihaad.
b. Ijtihaad from the Prophet (S.A.W).
b. Ijtihaad from the companions.
CHAPTER TWO
THE SECOND STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.
Problem-solving procedure of the Righteous Caliphs.
Sources of Islamic law during this stage.
The Qur’an.
Compilation of the Qur’an during this period:
The Sunnah.
Compilation of the Sunnah during this period.
Ijmaa.
Definition of Ijmaa.
Types of Ijmaa.
Examples of Ijmaa during this period.
IJTIHAAD.
Caliph Umar’s letter to his judge Abu-Musa Al-Ashari.
Examples of Ijtihaad during this period.
CHAPTER THREE.
THE THIRD STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.
Factors that affected Islamic law during this stage.
1. Division of the Ummah.
2. Deviation of the Umayyad Caliphs.
Dispersion of the Ulamaas (Muslim Scholars).
Increase in the narration of Hadith.
Fabrication of Hadith.
Signs of fabrication in the transmission (Sanad) of Hadith.
Can a Dha’if Hadith be relied upon or not?
Characteristics of Islamic Law in the Umayyad period.
Reasons for differences.
CHAPTER FOUR.
THE FOURTH STAGE IN THE DEVELOPMENT OF ISLAMIC LAW.
Factors that affected the development of Islamic law during this period.
1. State support for scholars.
2. Increase in centers of Learning:
3. Freedom of opinion and expression.
4. The Spread of Debates and Discussions.
5. Translation of Foreign Books into Arabic.
Compilation and documentation of Hadith.
Swahiih Al-Bukhari, the first of the two Swahiihain.
Swahiih Muslim.
The Four Sunan.
- Sunan Abi Dawood:
- Sunan Tirimizhi.
- Sunan Ibn Maajah.
- Sunan Nasa’e.
Sources of Islamic Law during this period.
- Qiyaas (analogical reasoning).
- Opinion of the Companion.
- Istihsaan (Juristic Preference).
- Istislaah or Maswaaleh mursalah (Public Interest).
- Istishaab (presumption).
- Saddu Zhariah (prevention of the means).
- Uruf (Local Custom).
CHAPTER FIVE.
THE FOUNDATION OF THE ISLAMIC LEGAL SCHOOLS OF THOUGHT (MAZH-HABS).
1. The Hanafee Mazh-hab.
- Formation of the Hanafee school.
- Sources of law used by Hanafee Mazh-hab.
- Prominent students of Imaam Abu Haneefah.
- Followers of the Hanafee Mazh-hab.
2. The Maalikee Mazh-hab.
- Formation of the Maalikee Mazh-Hab.
- Sources of law used by the Maalikee Mazh-Hab.
- Prominent students of Imaam Maalik.
- Followers of the Maalikee Mazh-hab.
3. The Shaafi’e Mazh-hab.
- Formation of Shaafi’e Mazh-hab.
- Sources of law used by Shaafi’e Mazh-Hab.
- Prominent students of Imaam Ashafi’e.
- Followers of the Shaafi’e Mazh-hab.
4. The Hambalee Mazh-hab.
- Formation of Hambalee Mazh-Hab.
- Sources of law used by the Hambalee Mazh-Hab.
- Followers of the Hambalee Mazh-hab
- Resolution of outward textual conflict in Hadith.
- Methods of qiyaas.
- Concluding Remarks.
CHAPTER SIX
THE FIFTH AND SIXTH STAGES IN THE DEVELOPMENT OF ISLAMIC LAW.
The Fifth Stage.
Work of scholars during this stage.
a) Deducing the fundamental principles behind the rulings of their Imaams.
b) Authenticating the opinion of the Imaam of the Mazh-hab.
c) Defending the Mazh-hab.
Compilation of Islamic laws.
The Sixth Stage.
The emergence of Taqleed.
Reasons for Taqleed.
CHAPTER SEVEN
THE SEVENTH STAGE IN THE DEVELOPMENT OF ISLAMIC LAW
1) Establishment of a number of Islamic Universities teaching comparative Islamic law
2) Formation of Islamic Fiqh Councils, Academies, and Centres
3) Muslim majority states have integrated Islamic law into their Legal systems
Muhammad Bin Abdillah, and upon his relatives and companions, and all those who follow his guidance until the Day of Judgment.
The emergence in recent years of Universities and Institutions in Africa, which teach comparative law in the English language, has created a need for English textbooks on Islamic Law.
The field of Islamic law has been misconceived by the majority of Muslims and non-Muslims; thereby creating a need for handy simplified textbooks for easy understanding of the subject matter.
The present book is the second of a series of textbooks by the Author, in an attempt to provide reasonably manageable textbooks on the subject.
Although the book was originally written for students of law who undertake a comparative study between common law and Islamic law, it has been written in such a way that it can benefit any average reader, Muslim and non-Muslim, with little or no prior knowledge of the subject.
The book contains an Introduction and seven Chapters dealing with the different stages through which Islamic Law underwent in its development from the beginning to the present day.
I pray to The Al-Mighty Allah to bless this humble effort, make it beneficial to whoever reads it and add it to my scale of good deeds on the Day of Judgment.
Ameen.
Dr. Sowed Juma Mayanja
Zanzibar 2013
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