مقدمة في دراسة الفقه الإسلامي

Introduction to the Study of Islamic Jurisprudence

• This work, titled "Introduction to the Study of Islamic Jurisprudence," discusses the evolution and principles of Islamic law.
• It is a study guide for students of Islamic jurisprudence.
• The authors are Dr. Abd al-Bari Hamdan Sulayman and Dr. Hassan Abu al-Hamad Ibrahim.
• The document covers Islamic law's historical evolution, sources, and theoretical frameworks.

The Introduction

• Islamic law is a comprehensive system, providing guidance for all aspects of life.
• It offers solutions to various challenges and issues, adapting to changing circumstances.

Sections of the Work

• Section 1: Explores the historical progression of Islamic legislation from the time of the Prophet Muhammad to the modern era. It also provides a summary of the various schools of jurisprudence.
• Section 2: Examines the sources of Islamic law, starting with the Quran and concluding with other sources of law.
• Section 3: Focuses on the concept of contract in Islamic jurisprudence, covering its definition, components, types, and consequences.
• Section 4: Compares Islamic criminal law with contemporary legal systems.

Historical Context of Islamic Law

• The author details how historical periods influenced or impacted Islamic law.
• Islamic law has developed over time reflecting ongoing circumstances.

Meaning of Sharia in Jurisprudence

• Sharia encompasses the divinely ordained rules that guide Muslims in their actions and beliefs.
• It comprises three main categories:
  • Beliefs: The way one should think about God and the world.
  • Ethics: Rules that govern moral values and actions, shaping the ideal human.
  • Practices: Specific actions and behaviors prescribed in worship, social interaction, and daily life.

Defining and Categorizing Islamic Law

• Islamic law comprises various aspects of human life and practice.
• The categories of Islamic law include:
  • Beliefs: Related to God and the divine.
  • Ethics: Moral guidelines.
  • Practices: Prescribed actions and conduct.

Understanding Jurisprudence

• Islamic jurisprudence is a comprehensive study of Islamic laws.

Principles of Islamic Legislation

• Limited legislation: Islamic law focuses on essential regulations, minimizing unnecessary rules.
• Gradual application: Laws are implemented gradually to address existing conditions and customs.
• Addressing hardship: Islamic law prioritizes reducing hardship and difficulties faced by individuals.
• Prioritizing public interest: Importance of balancing general interest.
• Ensuring justice: Islamic law strives for equality among all people.
• Encouraging unity: Islamic law promotes cooperation and unity.
• Promoting freedom of thought and action: Islamic law aims to empower individuals with freedom, so long as their actions do not harm others or contradict Islamic principles.

Sources of Islamic Law

• Quran: The primary source of Islamic law, considered the direct words of God.
• Sunnah: The Prophet Muhammad's teachings, actions, and sayings, providing supplementary guidance.

Stages of Islamic Law

• The document outlines distinct stages of Islamic law's development, highlighting the historical contexts.
• Sections provided include pre-Islamic Period, Prophet Muhammad period, Rashidun Caliphs period, Umayyad Period, and Abbasid Period.