AN INTRODUCTION TO ISLAMIC JURISPRUDENCE

Abstract

The book An Introduction to Islamic Jurisprudence explains the emergence of the science of Islamic jurisprudence (Fiqh), its foundations, stages of development, and the efforts of its scholars, along with their methodologies and technical terminology. It also addresses the codification of the sources of Islamic law from the era of Prophethood to the present time. The book begins by defining Islamic Sharia, highlighting its characteristics and the types of rulings it encompasses. It then introduces the science of Islamic jurisprudence, its subject matter, and its divisions, as well as defining positive (man-made) law, its branches, and its sources. This is followed by a discussion of the distinctive features of Islamic jurisprudence. The book then examines the stages of jurisprudential development, starting with the First Jurisprudential Stage (the Era of the Message), describing the state of humanity on the eve of the Prophetic mission, the illumination brought by the light of Sharia, the virtue and status of this era, the revelation of divine guidance, and the Meccan and Medinan legislation during the Prophetic period, along with its sources. It also discusses the ijtihad of the Prophet ﷺ and the ijtihad of his Companions (may Allah be pleased with them). This is followed by the Second Jurisprudential Stage (the Era of the Companions), which addresses their care for the Qur’an and the Sunnah, the leading jurists among the Companions, the reasons for their differences, the sources of legislation, and the characteristics of jurisprudence in that era, in addition to guiding principles in how the Companions received and applied Islamic rulings. Next comes the Third Jurisprudential Stage (the Era of the Successors- Tabi‘un), which covers the expansion of jurisprudence, the increase in juristic disagreement, the emergence of the schools of Madinah and Kufah, the spread of hadith narration, its causes and impact, and the efforts of the Successors in the compilation of the Prophetic Sunnah. The book then discusses the Fourth Jurisprudential Stage (the Era of Codification and the Mujtahid Imams), highlighting the systematic documentation of Islamic sciences, the four Sunni schools of jurisprudence, their principles, terminology, and most prominent works, as well as the reasons for differences among the mujtahid imams. This is followed by the Fifth Jurisprudential Stage (the Era of Taqlid and the Closure of the Door of Ijtihad), in which the author explains the types of taqlid, its ruling, causes, and stages. Finally, the Sixth Jurisprudential Stage (Jurisprudence in the Contemporary Era) sheds light on the codification of Islamic jurisprudence, the printing of classical works, the establishment of fiqh councils, the publication of jurisprudential encyclopedias, the emergence of electronic libraries, and contemporary scholarly writings. The book concludes with a summary outlining the overall development of Islamic jurisprudence and the formation of juristic competence (fiqh aptitude).