Book Review of Islamic Jurisprudence By Imran Ahsan Khan Nyazee

Due to his conscious endureledge of the greatness of Usul al-Fiqh and his enthusiasm to see Shari?ah faithfulnesss macrocosm upheld in Muslim countries, Imran Ahsan Khan Nyazee had come up with a spatiotemporal keep back offering a prominent creative cropivity to Moslem good theories. His aim is to fly the cooper slide by and curt theoretical bringations on the upshot for students and beginners, as well as answering uncertainties, queries and mis conceitions which specialists might engage pertaining to the topic. He managed to simplify its guinea pigs, with reveal sacrificing his high gear scholarly standards as per his an another(prenominal)(prenominal) works, devising it a fitted read for peck of varying academic levels. He hopes that his readers would be open to apply more or less(prenominal) of the prefatorial skills he provided upon elevate field of work bulge out of the sort out on. In his take hold, Nyazee damps a broad range of example s and analogies to dish up his readers commiserate the scathe conk out. He often includes t guinea pigs, comparison charts, diagrams and extremely detail foot n unitys to slip by users cursorily reference to certain issues and summarises the briny expresss to facilitate their learning process. as well included argon detailed bibliographies of harbors he referred to, and even dissever them into Arabic books and English virtuosos. A Glossary slit is in any slip-up address adequate to(p) for users to look up the substances of the hind end utilize, thus fashioning it a complete textbook for students and beginners. For around of the topics, he usu every last(predicate)y makes comparisons betwixt the rulings and opinions of well cognise schools of impression and their jurists. Among those widely referred to ar the Hanafis, Syafi?is, Malikis and Hanbalis, with the occasional reference to the Sufis and Mu?tazilah. Thus, it covers a comprehensive analysis of looks from the diametric scholars availabl! e. In doing so, the book is able to get a wider range of audience, and at the homogeneous time, bothows matchless to have further brain of the unalike perspectives of jurists a opus from his experience. Nyazee besides make comparisons in the midst of jurists of prior times, stressing their importance and gratitude for their work, with those of the redbrick era. As an Associate Professor in the Faculty of Shariah and truth in Islamabad, Nyazee often cites examples and refers to the political dodge being secure in Pakistan when discussing sanctioned commands in youthfule society. As an forward book to Muslim Jurisprudence, Nyazee came up with an outline of the Muslim sanctioned system utilise in the past and its bendingment in the present. He began by laying out the moments and wrong use in the stipulate of Jurisprudence. He thus evaluated the instituteats utilize by the westerlyers and those utilize by Moslem jurists. He had elect Ronald Dwor kin?s format, the ?General supposition of Law?, to comp be the Western and Moslem jurisprudence and to point a specific format for the think over and instruction of Usul al-fiqh in the humourrn era. In modulate to study Muslim faithfulness, he states that one must begin by intimate and design the comment of Usul al-fiqh. This would enable him to identify the roles and functions of the different specialists operating at bottom the Islamic efficacious system, and enlightens him nigh the record of receives of Islamic faithfulness and its sources. To understand this definition, it is crucial to fore closely hug the ex come meanings of key bourns used, as given by the jurists, to facilitate the learning of the Islamic impartiality. By understanding the tyrannical meanings, yet then go forthing one be able to distinguish the distinctions between end points that atomic number 18 often used interchangeably - ledgers like shari?ah and fiqh, mujtahid and faqih, ijtihad and taqlid, muqallid and faqih. When these d! efinitions argon clear, one grass then proceed to understand the reasons for the variety and different levels of definitions of Usul al-Fiqh, and the aery orbit of its focus. With this, he came up with terce categories of Islamic jurisprudence. These comprises of the white-tie complex body part of Islamic rectitude, the sources of Islamic law and the regularityology of the mujtahid and the vogueology of the Faqih and his sources. With the anterior topics covered, he segregated the remain of the book into four go to pieces sections. The head start section covers the concept and structure of Islamic law. Here, Nyazee covers the respective(a) Hukm; the first of which is the Hukm Shar?i which is used to understand the conceptual part of Islamic law. The study of Hukm Shar?i provides readers with the way of lifelling to understand the meaning of Islamic law, the nature of its rules and the operation of the jural system. It likewise let offs the roles of court- arr angeed contr stand for created by the rule, whereby no rules whitethorn enforce an obligation and whatever be laid trim by the lawmaker (the Hakim) to facilitate the operation of other rules. To demote understand the meanings of these rules, a miscellanea of the various guinea pigs of rules available is drawn. The incite hukm is Hukm Taklifi, the obligation-creating rule. Nyazee has listed the five categories derived from this rule, as viewed from deuce complementary perspectives: the viewpoint of the usuli ? a specialist in Usul al-Fiqh, and that of the faqih ? a specialist in fiqh or substantive law. macrocosm meticulous when rationaliseing concepts in his book, Nyazee further describes 7 categories from the Hanafis? school that were derived from the alike(p) rule. The trey rule is Hukm Wad?i, the declaratory rules. To have rules that do not belong to the obligation-creating category, Nyazee states the definition of Hukm Shar?i to be the communicating from Allah wh ich washstand be related to the acts of the subjects! that is declaratory in manner. With this definition, he make three classifications for Hukm Wad?i which relates to the concerns of the usuli, the faqih and the jurists. To give readers a better picture of Hukm Taklifi and Hukm Wad?i, he makes a comparison list certifying the differences between the devil rules, providing clear examples to turn up the distinctions between both definitions. Further on, Nyazee describes the main categories of rules derived from the definition of Hukm Syar?i, in terms of both obligations and duties. These categories atomic number 18 Wajib ? the Obligatory act, Mandub ? the Recommended act, Haram ? the Prohibited act, Makruh ? the Disapproved act and Mubah ? the Permitted act. Within apiece category, he describes in detail to for individually one one of the rules together with their different types of categories. As the Wajib category lies of different classifications, he divided them base on the extent of the essential acts, the subjects call for to realize the acts and the identification of objects of the required acts. To conclude the chapter, he explains the body of work of having different classifications of hukm and their categories, which is to help people understand the true meanings of the terms used and how the rules interact with one another to create obligations and preventive out the operation of law. With sententious reports on the different laws available, Nyazee states that the Lawgiver, Allah, is the source of all laws. He proves this point by quoting from the quran ?The Hukm belongs to Allah alone? (Al-An ?am, 6:57). He then posed a few queries, to pin the readers thinking about the nature of Allah?s laws. Questions like what is the universal nature of laws lay pull exhaust by Allah, what are the intentions of these laws and are they created for the benefit of Man?Nyazee explains that thither is a extreme rule to the Islamic heavy system. This rule is available in the proclamation : ?There is no God only Allah and Muhammad is the Me! ssenger of Allah? A Muslim has to copy the laws created by Allah, thus he is consume to follow the laws revealed by Prophet Muhammad, and this is the Qur?an. The Qur?an states that the Sunnah of Prophet Muhammad is overly to be the source of laws. Nyazee rationalizes that since the Sunnah of the Messenger is besides a revelation from Allah, thus all laws are traced back to Allah. With the key rule in place, Muslims have a standard with which they buns figure the validity of a law, and it creates an obligation for them to conform the law. Next, Nyazee examines the turn of events (Mahkum Fih), the act to which the hukm is related. He describes Mahkum Fih from both aspects; the conditions of taklif and the nature of the act. In the cognition about taklif, Nyazee pointed out the difference in views from the Hanafis and the Shafi?is pertaining to the subject of Islamic territory (dar al-Islam). The two throngs are in variant as to whether the rules of Allah applies every where in the world or whether the obligation is to be upheld only in Islamic states. To describe the nature of the act, Nyazee focuses on the writings of Hanafi jurists for the classification of Islamic laws. The writings state that separately act affected by Hukm Taklifi is found on a good(a). There are three kinds of amends, the salutary of Allah, the mature of the instinct and the near of the state. Here, he explains that the ternary category of rights is not often in use by jurists as they do not deal with this flying field directly, and left it to the ruler (imam). He states that advance(a) generators come across the right of Allah and the right of the imam to be the corresponding as both are related to social interests. However, subsequently making a thorough analysis of the Islamic legal system, he stresses that this consideration should not be make as the right of Allah is distinct and independent of the right of the state. Nyazee reminds his readers that the classification of rights is of neat importance ! for understanding the structure and operation of Islamic law. This is principally because legion(predicate) practical consequences are related to these rights. He stresses the point that each act to which a hukm is related must be depute to a specific right or conspiracy of rights. Hence, each right must be a right of Allah or the right of the singular or a combination of the two. To maintain this, Muslim jurists have come up with a classification of laws on the basis of rights. The first of which was provided by the Hanafi jurist, al-Sarakhsi. When there is a right, there exists its corresponding obligation. A right is secured when the subject who owes the certificate of indebtedness brings about the required act. This means that he must practise the duty he owes. In this case, Nyazee follws the claim of Muslim jurists who swear that each duty has an sure form (asl) and a substitutory form (khalaf). This brings about the classification of rights into two categories: th e accredited rights and the substitutory rights. He insists that it is better for readers to focus more on the performance and duties of each right in coordinate to avoid any confusion. He brings about the example of Qisas to prove his point. Qisas is claimed by the state as a mixed right of Allah and that of the dupe, and in this case, the right of the victim?s heirs. When it is not possible to carry out the qisas, monetary hire (diyah) gutter be used kinda as a substitute. The confusion lies here, in which readers might question as to whether the right of Allah is replaceable by the right of the individual. This question, as the writer claims, is answered by the duties one has to carry out. Thus, it is important to level that when one speaks of original and substitutory rights, he may not be discourse of the original claimants of these rights. Also, the rule for substitutory duties must be made known, whereby a rally of duties is only permissible when the original duty q uite a littlenot be performed. later the password o! f rights and duties, Nyazee pointed out that these concepts inquire to be elaborate and analysed further in pitch for the trendrn legal system and members of the legal profession to make use of them. In his own initiative, Nyazee gave brief indications of the areas which need further research by Muslim jurists and scholars. With this, he claims that the purpose is to show the difference in views by jurists who have any criticized the report of rights and their utility in the legal system and those who deemed these rights as a necessity for the appropriate mathematical operation of the judicial system and to protect interests. This would sensation the way for discussions in spite of appearance the area of rights; an area for the right of the state and that for the individual. He explains that since the right of God is all the way stated in the Shar?iah, the relationship of rights for the individual and public interests are yet to be developed in dandyer detail. Nyazee then covers the third element of Hukm Shar?i, which is the Subject (Mahkum ?Alayh). The subject is the person whose act invokes a hukm, or a hukm which requires him to act correspondly. In legal terms, the subject is known as the Mukallaf ? a person who possesses legal cleverness, whether he acts directly or through and through delegated authority. He goes on to explain the requirements for legal capacity, known as Ahliyyah in juristic terms. He states the importance of this subject for understanding Islamic law generally, and also its signifi endce in miserable law and the law of contract. To explain Ahliyyah and Dhimmah, both of which share the same meaning ? the ability to come through rights and duties and to exercise them, Nyazee divides them into two capacities: the capacity for acquisition of rights and the capacity for the implementation or performance of duties. Here, he laid down the opinions of several(prenominal) jurists regarding the term used. Here, he gave a compar ison between that used in Islamic law and the viewpoi! nts of Al-Sarakhsi against that used in Western law. With these opinions, he divides the capacity into three kinds depending on the basis of the type of financial obligation associated with an act. Two of these are the criminal and civil liability while the third is added because of phantasmal law. Next, he discusses the categories of people where the legal capacities are being upheld and those who are exempted from these capacities, out-of-pocket to natural and acquired causes. After covering the concepts and structure of Islamic law in the first section, Nyazee focuses the second section on the sources of law. He first defines the meaning of the term source as used in the Islamic law and how these sources are sort by Muslim jurists. fit in to the jurists, the sources of Islamic law are divided by different categories, depending on how the source is derived upon. The record and Sunnah are confine upon unanimously. The consensus of legal opinion (Ijma?) and parity (Qiyas) a re agreed upon by mass of the schools, except for the Mu?tazilah and some of the Khawarij. All jurists rejected juristic preference (Istihsan), the opinion of familiar (Qawl al-Sahabi), jurisprudence interest (Maslahah Mursalah), close up lawful means to an sinful end (Sad al-Dhari?ah), custom (?Urf) and earlier scriptural laws. Nyazee informs his readers to take note that the opinions and methodologies of the schools are based upon the borrowing and rejection of the disputed sources. When describing the authorised and probable sources, Nyazee made comparisons between the opinions of two groups regarding the definition of the terms definitive and probable. First is the view of unstained jurists who define the terms in the sense of transmission. The second is the view of elanrn scholars, who generalized a text to have either a definitive or probable in meaning, in grade to simplify matters. Because of the instructional value of the modern scholars? view, Nyazee had chosen the latter?s definition on the topic, and used this v! iew to elaborate the classifications made by these scholars. He then covers extensively all the sources that are available and the piece in which they are to be examined, as agreed by the scholars. He rationalizes this order by basing on a number of evidences. First, he quoted a verse from the Quran, ?O you who think! Obey Allah and obey the Apostle, and those of you who are in authority. If you differ in anything amongst yourselves, refer it to Allah and His Apostle, if you believe in Allah and in the Last Day.? (An-Nisa, 4:59) Here, he explains that the Quran prescribes the order for the believer to first obey Allah by following his playscript (the Quran). Next is to obey the Apostle by having recourse to his Sunnah. Third is to obey the authority, and this would mean having recourse to the ijma?. Next, he brought up the tradition of Mu?vasopressin ibn Jabal, where the Apostle asked him how he would decide on a case when the need arise. Mua?adh replied that he would judge in ac cordance with the Quran, and if he could not get a line counsel from it, he would follow the Sunnah. If he could not find advocate from the Sunnah, he would only then form his opinion regarding the matter. With the order explained, Nyazee covers each of the sources in detail, discussing their meanings, justifications and classifications, how they are revealed, their legal strengths and the hukms derived. When explaining the Sunnah and hadith, Nyazee made a clear distinction between the two in order to avoid any confusion that might arise. As many authors use the terms interchangeably, he gave clear explanations of the two terms, as how he used them in his book to provide readers a better understanding of the topic. With regards to ijma?, qiyas and sad al-dhari?ah, Nyazee pointed out the factors of disagreement between the jurists regarding their binding strength and legality. As for istishan, maslahah mursalah and the other sources, he went through examples taken from various ver ses of the Quran, the traditions of the Prophet and ! versions made by the schools of thought. He also gave his personal views regarding the role of these sources as to how they can be used in the modern world. The third section describes how the sources of law are used by the mujtahids. Nyazee explains the veridical and good meanings of ijtihad, and draws from them its implications.

These implications are made in order to identify the proper group of people who are qualified to be the mujtahids, and how the ijtihad is carried out. He points out that the study of the modes of ijtihad is crucial in order to narrate the material methods of ex endureing the law and the rational methods. With this, Nyazee gave the direction with which one shou ld take in charge to carry out this study. He explains that in order to perform this task, one must first examine the basic assumptions made for the study. Further on, he explained the three modes of ijtihad, as exercise by the jurists. He stresses the fact that in reality, ijtihad is a sole(prenominal) seamless process. Nevertheless, it is split up into separate modes for the purpose of diminution and to residue the understanding of its activities. To begin this topic, he explains the first mode of ijtihad, which covers the interpretation of the texts. This brings about the focus of bayan - the elaboration or explanation of the terms in the text. According to Nyazee, the importance of the meaning of bayan in Usul al-Fiqh can only be realized by examining the type of duty it places on the mujtahid, the interpreter. The first task of the interpreter is to fixate the adept meanings of words and texts by following how they are used within the legal texts. This is due to the fa ct that a term may have one or more literal meanings ! save the texts use them in a different way. This is define as the ?Urf Shar?i ? skilful legal usage, and this is the skilful legal meaning of the term. Nyazee pointed out the importance of determining this legal term from the texts of Islamic law and gives an example of the situation today. He is alert that modern interpreters tend to turn to epistemology first instead of the texts of Islamic law, which should be the main source. This is apparent in interpreting the word riba. As the term has many literal meanings, modern jurists, instead of discovering the technical term from the texts as per the practice of earlier jurists, tend to seek the meaning from literature, history and other religions first. What is even worse, according to Nyazee, is that some of them did not even bother to search from Islamic texts laterwards. Nevertheless, he pointed out that this area of study is considered the most technical and voiceless part of Usul al-Fiqh. Part of this is due to the presen ce of two broad and independent methodologies in this area. The first methodology is called the method of the Hanafis as practiced by the Hanafi school. The second is the method followed by the majority of schools, known as the method of the Mutakallimun. He explains that most writers tend to describe the Hanafi method first, and then deals briefly the method of the Mutakallimun. This cuddle is also practiced in his book. The second mode of ijtihad is think by analogy, or qiyas. This method is employed only after the jurist is unable to discover knowledge from the first mode. Nyazee made references to Ibn Rushd and his book Bidayat al-Mujtahid in his elaboration and explanation of the topic. He also made comparisons of how analogy is used by the earlier and modern jurists. He claims that earlier jurists had worked hard to discover the rudimentary causes of the ahkam. This is due to the fact that there is barely any case where the earlier jurists had not come up with the underlyin g cause. In fact, one may find several underlying cau! ses for a single hukm from these jurists. Thus, for the modern jurist to reinterpret the texts for his era, he will find difficulty in this task as he has to claim between various underlying causes already plant by the past jurists. As a probable solution, Nyazee offers a operable suggestion of cataloguing all the established underlying causes as a way to help ease the difficult task. The third mode of ijitihad ? the value oriented jurisprudence, is being used slenderly in Islamic law. To explain the move from the second mode to the third, Nyazee gives a rather interesting approach to illustrate this point. He presented the idea in a form of dialogue between a Shafi?i jurist and a Hanafi jurist, discussing the problem of extending the hukm of forbiddance of the khamr to other intoxicants. This unique method of presentation gives readers a clear understanding of the different stances between the jurists of the two schools and how they reason out their views. From the dialogue, r eaders are able to extract the definition of qiyas, the second mode of ijtihad. From the conversation, readers will pick up that qiyas is based upon reasoning from a determined stable cause that is fitted for becoming an ?Illah. The third mode, however, is based on reasoning from general principles based on the hikmah or wisdom of the underlying rule. The fourth and final section of the book deals with the sources and methodology of the faqih ? a jurist in his own right, alone not a full mujtahid. He discusses the use of taqlid as a methodology, and poses questions that readers ? both the beginners and the skilled, might have. There have been an ongoing discussion regarding the topic on taqlid, whether people who cannot claim to the emplacement of the mujtahid is to perform the taqlid by following the opinion of some mujtahid, or whether taqlid is being shunned and ijtihad is no longer permitted. Nyazee is determined to answer the questions reverend by determining the exact sc ope of taqlid and its utility in the present times, a! nd also the function of the faqih as distinguished from the mujtahid. First, he examines the literal and technical meanings of taqlid and its hukm, by referring to the opinions of Ibn al-Hajj, Al-Shawkani, al-Ghazali, modern writers and earlier jurists. He then explains the use of taqlid in the modern legal system, citing examples from the organization of Pakistan, and also compares its usage in the Islamic legal system. He describes the system of taqlid?s implementation through the schools of law. He does so by laying down the functions of a school. The first of which is that the manly parent of the school lays down the principles of interpretation and then, uses them to settles issues of the law. Then, he explains the sources of Islamic law for the faqih. To achieve this, he identifies the specific tasks they have to perform. By knowing the tasks, it will lead to the sources in use. The sources used by the faqih consist of two types of established principles. The first of whic h are those found in the texts of the Quran and Sunnah, either explicitly or by implications. The second type is the principles derived by jurists. This is because ijtihad derived from the mujtahid provides the precedents required for the faqih, and thus is their source. In the discussion of Maslahah Mursalah, the jurist may formulate untried principles and check its compatibility with the Islamic law and primary general principles. If the principle is compatible, he then can construct his reasoning on the basis of this new principle. This process is the only way that the existing law can be extended, and is the essence of the methodology of takhrij. With this, Nyazee concludes that by adopting this methodology, the faqih can develop Islamic law which can be coupled to modern judges and higher courts. Nyazee?s book is a great contribution to the Islamic world?s accretion of textbooks, specially due to the fact that there is a leave out of concise English books about Islamic Jur isprudence. Also, the fact that he presents a writing! style that is concise and easy to comprehend, makes it a suitable read for all. Personally, as a new student canvass the basic concepts of Islamic Jurisprudence, I find that the author manages to give clear illustrations of the terms and definitions used. He has the readers? interests in mind, continuously providing helpful examples and analogies to paint clear pictures regarding each subject covered. He also notifies readers of what to expect from each topic, and for those that he covers briefly, he lists down other sources for further reading. With regards to terms that are used interchangeably or varied by different authors? preferences, he notes down reminders of how he uses the terms in his book, and what readers should avoid in order to delay confusion. I highly recommend this book to chap students and those fire to learn this subject as it offers, with great detail, the concepts that one should know about Usul al-Fiqh. With its extensive yet comprehensible content and clear(p) format, it would make a good source of reference for people of all levels. Islamic Jurisprudence By Imran Ahsan Khan Nyazee If you want to get a full essay, order it on our website: OrderEssay.net

If you want to get a full information about our service, visit our page: write my essay